Slashdot Mirror


"Stolen" SCO Linux Code Snippets Leaked

stere0 writes "An article (in German) published on the German IT news site Heise includes two pictures (1, 2) of the "stolen" source code SCO claims to be theirs. Part of the first screenshot has been scrambled, the font has probably just been changed to Symbol; can anybody decipher it? I searched for the code snippets on Google. The code does indeed come from the kernel; the photographs show what seems to be lines 88-102 and 109-123 of /arch/ia64/sn/io/ate_utils.c from the 2.4 kernel tree. " Update: 08/19 16:39 GMT by M : LWN has a nice piece tracing the origins of the disputed code, and showing that SCO is simply lying.

1,180 comments

  1. oh no! by krisp · · Score: 4, Funny

    Quick, bust out vi and change all the variable names!

    1. Re:oh no! by FrankBlues · · Score: 0, Troll

      Hey! Both snippets use printf!!!

      How would that be, SCO claims ownership of printf?

    2. Re:oh no! by BohKnower · · Score: 5, Funny
      Every college student knows that you must change comments and variable names of the code you copy.

      How could the IBM engineers miss it.

    3. Re:oh no! by Arker · · Score: 5, Insightful

      Every college student knows that you must change comments and variable names of the code you copy.
      How could the IBM engineers miss it.

      Obviously they were silly enough to believe that since they had every legal right to copy it, they didn't need to hide the copying.

      No one expects the spanish inquisition!?

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    4. Re:oh no! by anacron · · Score: 3, Interesting

      Anyone ever given serious thought that perhaps the SCO code was lifted from the Linux source? The SCO engineers obviously had the same level of access as everyone else in the public domain -- perhpas the case will come down to who can prove what was released when. .anacron

    5. Re:oh no! by Anonymous Coward · · Score: 0

      The IBM engineers missed it because that piece of code was from SGI. Doh!

    6. Re:oh no! by mpe · · Score: 4, Insightful

      Anyone ever given serious thought that perhaps the SCO code was lifted from the Linux source?

      Or maybe both came from a third party. Especially considering that the Linux version of the code is marked "Copyright (C) 1992 - 1997, 2000-2002 Silicon Graphics, Inc."

    7. Re:oh no! by dspeyer · · Score: 2, Insightful
      REally?

      I haven't read the code yet, but that strikes me as suspicious. printf is implemented in libc, against which Linux is not linked (nor is any other kernel). Linux has a printk function which has a similar purpose.

    8. Re:oh no! by harlows_monkeys · · Score: 4, Insightful
      Especially considering that the Linux version of the code is marked "Copyright (C) 1992 - 1997, 2000-2002 Silicon Graphics, Inc."

      That would explain the "register" variables. That keyword has been ignored by compilers for a long time, and so when you see it in code, it is almost always old code, copied from somewhere.

    9. Re:oh no! by Anonymous Coward · · Score: 0

      you three have a problem if I take pictures?

    10. Re:oh no! by mindriot · · Score: 1

      Well, to me those shots do not prove much... the first image shows identical comments. While this might prove that once there was similar code, we can not tell which was there first; and, it's just a comment, hardly anything to succeed with in a lawsuit (but IANAL of course). And the second shot seems totally worthless to me, since we see the Linux code, but have no proof that "SCO's" code contains those lines...

      Anyone could easily show millions of lines of Linux kernel code and claim they're stolen from his proprietary code base. But unfortunately we can't see that code base to have further "proof," unless we sign NDAs...

    11. Re:oh no! by Arker · · Score: 5, Informative

      Anyone ever given serious thought that perhaps the SCO code was lifted from the Linux source? The SCO engineers obviously had the same level of access as everyone else in the public domain -- perhpas the case will come down to who can prove what was released when. .anacron

      That may be the case in many of their claimed 'infringing lines' but not in these two.

      The first one shows comments (not code) which match. They're also straightforward descriptions of functionality, date back at least to 1979, and occur in a number of old unix versions which have been commonly read and used for teaching purposes for years, as well as the Lions book.

      In this case the comment definately predates Linux so couldn't have been copied from Linux, but the fact it occurs in Linux code is not strong evidence of copyright infringement.

      http://minnie.tuhs.org/UnixTree/32VKern/usr/src/ sys/sys/malloc.c.html
      http://minnie.tuhs.org/UnixTree/Interdata_v6/usr/s ys/malloc.c.html
      http://minnie.tuhs.org/UnixTree/Ausam/sys/ken/mall oc.c.html

      The second section of code is copyright of and contributed by SGI, and concerns functionality that SysV doesn't have. It's only relevant on the assumption that SCOs theory that it owns every technology any Unix licensee ever added to their own version of Unix holds water, which means only if the court winds up throwing the entirety of copyright law and precedent out the window and writing new law just for SCOs benefit.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    12. Re:oh no! by captain_craptacular · · Score: 5, Funny

      The problem is IBM only hires the top 5% of any given graduating class. Basically if you don't have a 3.75+ GPA, forget about it. Therefore they hire all the geeks who never considered cheating and don't know how to get by in the real world. If they just hired a real person as a "conformance officer" occasionally, such trivial mistakes wouldn't slip by.

      --
      They who would give up an essential liberty for temporary security, deserve neither liberty nor security
    13. Re:oh no! by Arker · · Score: 2, Interesting

      And the second shot seems totally worthless to me, since we see the Linux code, but have no proof that "SCO's" code contains those lines...

      That's because SCOs code doesn't contain them. The file is copyright SGI and has to do with functionality SCOs code has never had. SCO is still in their fantasyland where new work that a Unix licensee adds to their own version of Unix is now magically SCO property.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    14. Re:oh no! by Anonymous Coward · · Score: 0

      If they only hire people with 3.75+ GPA's (does this mean I have a chance?) maybe they only get the best cheaters, those who cheat so well they get A's in almost everything.

    15. Re:oh no! by albalbo · · Score: 1

      That's not the case. The colour of the text indicates which version it was in; it's a coloured diff. The second image shows that just one things has changed (the cast in black).

      --
      "Elmo knows where you live!" - The Simpsons
    16. Re:oh no! by arkanes · · Score: 2, Interesting
      The code snippet shown looks like part of a standard malloc implementation - a google for the one of the comments (here) shows an identical snippet in several places - all unix based code. I'm not a Unix expert, but it looks like this is Sys6 and Sys7? From the FAQ at unix-archive.pdp11.org.ru, this is all copyright owned by SCO and therefore probably is infringing - it doesn't seem to appear in the BSD sources?

      The patch where this was added seems to be here.

    17. Re:oh no! by u-235-sentinel · · Score: 1

      "How could the IBM engineers miss it. "

      Easy. They hired Caldera/SCO engineers to write the code.

      --
      Has Comcast disconnected your Internet account? Same here. You can read about it at http://comcastissue.blogspot.com
    18. Re:oh no! by loginx · · Score: 1

      In that case, shouldn't SGI be suing SCO for ... ???
      profit?

    19. Re:oh no! by manduwok · · Score: 1

      Don't forget to change your name too!

    20. Re:oh no! by vsprintf · · Score: 1

      How could the IBM engineers miss it.

      The last link shows the code apparently came from SGI. Isn't SCO claiming that IBM contributed the so-called infringing code?

    21. Re:oh no! by Anonymous Coward · · Score: 0

      The register keyword is far from obsolete. Anyone doing that has done any assembly coding would know this.

    22. Re:oh no! by svott · · Score: 0

      IBM only hires the top 5% of any given graduating class? That may be true nowadays.. But three years ago my brother got a job at IBM after flunking out of a crappy state school his freshman year, getting reaccepted after attending community college, finishing with a degree in MIS while barely squeaking by with a GPA in the low 2's. He still has his cushy programming job because he ramped his skills up quickly. The trick was that he got in when IBM, like everyone else, was hiring anybody that could spell their name correctly.

    23. Re:oh no! by TheLink · · Score: 1

      First mention in google groups seems to be in 1984.

      It could be *BSD.

      Anyway it's not proven that SCO says that this is copied code.

      --
    24. Re:oh no! by XO · · Score: 3, Informative

      But it IS possible, without throwing out all copyright law. IF the Unix source licensing agreement included that all source derivatives belong to the primary Unix source owner, then the Unix license becomes just as viral as the GPL.

      As the GPL requires that if you distribute a modified binary, you distribute the source ... the Unix license could require that if you modify the source, you give it back to the owner!

      --
      "Champagne for my real friends - and real pain for my sham friends!" http://ericblade.postalboard.com/
    25. Re:oh no! by Anonymous Coward · · Score: 0

      I dont know, I only have a 3.2 and they hired me.

    26. Re:oh no! by FrankBlues · · Score: 1

      No, not really.

    27. Re:oh no! by Royster · · Score: 5, Informative

      The last link shows the code apparently came from SGI. Isn't SCO claiming that IBM contributed the so-called infringing code?

      No.

      The accusations made by SCO have been very unclear. The IBM case is about acts by IBM which SCO claims breaches the IBM/AT&T contract. It involves contributing code IBM got by buying Sequent and by participating in Project Monterey. This technology includes RCU, NUMA, SMP and scalability.

      Independantly, SCO claims that there are many lines of code copied from Sys V into Linux. They have not yet filed any copyright suit against anyone since they only just got the copyright registrations issued.

      Don't confuse the two very different legal issues.

      --
      I have discovered a truly marvelous sig, unfortunately the sig limit is too small to contain i
    28. Re:oh no! by Anonymous Coward · · Score: 0

      Go for it man. Neither of three will have problem with it.

    29. Re:oh no! by Methuseus · · Score: 1

      Nobody in the top 5% of their class ever cheats? Guess I'm nobody then.....

      Shit happens when you put off your assignment because you just discovered Counter-Strike. (a while ago)

      --
      Two things are infinite: the universe and human stupidity, though I'm not yet sure about the universe. - A Einstein
    30. Re:oh no! by Anonymous Coward · · Score: 0

      they have differnent standards for janitors.

    31. Re:oh no! by Royster · · Score: 1

      First, the source agreement dosn't say that all source derivatives belong to the Unix source owner.

      Second, Copyright dosn't work that way. The author is automatically the owner except in the case of a work for hire (not applicable here) and an explicit assignment of copyright in writing. A license agreement can not automatically reassign copyright the way you suggest.

      --
      I have discovered a truly marvelous sig, unfortunately the sig limit is too small to contain i
    32. Re:oh no! by Anonymous Coward · · Score: 0

      its just next to useless on x86 because it's so register starved. on more modern architectures it has some use, particularly as despite what compiler writers would have you believe, their optimisations are still pretty limited.

    33. Re:oh no! by jemfinch · · Score: 1

      That would explain the "register" variables. That keyword has been ignored by compilers for a long time, and so when you see it in code, it is almost always old code, copied from somewhere.


      Or it means new code that has to run under old compilers; compilers that may not optimize access to such variables otherwise. Even the Python source code includes register variables, and continues to include register variables, simply because it runs on so many platforms.

      Jeremy
    34. Re:oh no! by ewhac · · Score: 3, Interesting

      when you see [the register keyword] in code, it is almost always old code, copied from somewhere.

      ...Or perhaps it's new code written by an old fart who knows through long, bitter experience that there's no such thing as an optimizing compiler.

      I have yet to witness a compiler that did anything even remotely clever with register usage, much less correctly identify where the performance hot-spots were. Hell, I still use a couple of coding idioms that puzzle most people because of bugs in ancient compilers, or just because I know how the compiler should be turning the code into assembly.

      So yeah, I still use register from time to time.

      Schwab

    35. Re:oh no! by Anonymous Coward · · Score: 0

      Is there any possibility that, in order to bolster its case, SCO is copying Linux code into their source tree to inflate the amount of similarities between "their" code and that of Linux?

    36. Re:oh no! by Anonymous Coward · · Score: 0

      Linux has an sprintf(), which is what printk() uses to do its formatting.

      Anyway, the guy was definitely joking.

      I seem to recall, though, an LKNL thread where somebody pointed out this code and asked, "is this what SCO was talking about?" Some people debated it a bit and the decision was that this couldn't possibly be offending, because it has been published and used everywhere, and can't be considered a "trade secret".

    37. Re:oh no! by Anonymous Coward · · Score: 0

      IBM? Yea, they don't even reply to me. Heck, Intel is right around the corner, but I don't even qualify to be a janitor. :-(

      All these companies think having a degree is everything these days - sheesh

    38. Re:oh no! by greed · · Score: 0, Offtopic

      register variables may not have their address taken, which does give the compiler a hint that can improve optimization. It can also then diagnose a later programmer changing the routine to take the address of that variable; once the address is taken of a variable, several easy optimizations can't be done. (Most of which involve keeping the value in a... register.)

    39. Re:oh no! by XO · · Score: 1

      Does anyone know -what- the source agreement says? If so, I'd like to see.

      I'd be willing to bet that a license agreement could reassign that way -- example, when I ran a message board on the 'net, every piece of content that was posted to it automatically became my copyright, until I specifically vowed in the terms of usage, that anything posted belonged to the person who posted it. And I did check this with lawyers.

      --
      "Champagne for my real friends - and real pain for my sham friends!" http://ericblade.postalboard.com/
    40. Re:oh no! by Anonymous Coward · · Score: 0

      Where did you go to school? What did you get hired as? When were you hired?

    41. Re:oh no! by Vaughn+Anderson · · Score: 1

      /*
      *<ARGHHHH!!>
      *Don't forget to change the comments
      *</ARGHHHH!!>
      */

    42. Re:oh no! by da5id+car1ad · · Score: 1

      or even ore disturbing, how EXACTLY can anyone prove either way where the code came from? At this point in the game it wouldn't suprise the slightest if SCO took code that had hazy records as to when it was implemented, and just added some supposed comments, and claimed it was theirs. How is a judge (or even jury) who thinks Windows is a computer and dosen't know kernel 2.4 fro Colnel Sanders going to distinguish the two? /da5id

      --
      /da5id
    43. Re:oh no! by Anonymous Coward · · Score: 0

      intel has really high standards for janitors. dust costs them money

    44. Re:oh no! by Anonymous Coward · · Score: 0

      I haven't read the code yet

      Then why did you post, moron? printf is in neither snippet.

    45. Re:oh no! by QuackQuack · · Score: 5, Insightful

      In my school, the people in CS who got the 3.75+ GPAs were the professional students, who were only willing to learn what would help them on the exams, but not anything useful. If it wasn't going to help them on their exam, or help them complete projects. they simply didn't want to know about it.

      The "real" geeks who really cared about CS, didn't always score quite so high, but they had a passion for computers, and therefore learned things outside the curriculum and picked up more useful skills, tended to spend their free time "tinkering", and therefore their grades in other requisite Liberal Arts courses may have suffered a bit.

      At one point, we had a professor for an "Operating Systems" course, who had lots of real world experience, and his teaching style was less academic and more focused more the real-world. This drove the "3.75+ professional students" crazy. They didn't know how to study for his course, because they actually had to think in ways they weren't used to. His course threatened their GPAs, so they protested. The "geeks" loved his course and got straight A's in it. Too bad the instructor was a bit of a push-over on grading, and ended up bending to the other students' demands, and ended pushing up their grades more than they deserved.

      I'm not saying that everyone who has a high GPA is this kind of student. I'm just saying I wouldn't decide who to hire based on GPA alone, from on my personal experience.

      --
      By reading this sig, you agree to the terms of my sig license.
    46. Re:oh no! by jonadab · · Score: 1

      The linked usenet article seems to indicate (though not being a C programmer it's hard to be certain) that the one bit of code (the one with the comment about allocating size units) was in BSD in 1984 and may have been changed at that time to fix a bug.

      The other one (with the mutex and the assert) I don't know about, but you can speculate about whether it may have been in BSD also.

      --
      Cut that out, or I will ship you to Norilsk in a box.
    47. Re:oh no! by svott · · Score: 0
      > they have differnent standards for janitors.

      Yeah I make that joke about MIS jobs too. But he has a really nice programming (software engineering) job with IBM, despite his MIS degree. It's just a different time now. A right-out-of-college friend has just shy of a 4 point with Masters degree in EE, but can't find a job these days. All about experience if you're job hunting. I'm just glad I have a few years under my belt in case something happens, like getting caught reading too much Slashdot.

      And I'll pause to apologize for unfairly bashing my brother on this forum. He earned that job.

    48. Re:oh no! by jonadab · · Score: 1

      > In that case, shouldn't SGI be suing SCO for ... ???

      Not for profit. (Hello? Turnip? Blood?) However, they could sue
      them for assorted things (vague intellectual property violations
      come to mind) in an attempt to boost their stock price.

      --
      Cut that out, or I will ship you to Norilsk in a box.
    49. Re:oh no! by dcollins · · Score: 1

      Not my students. >(

      --
      We know where leadership by an anti-intellectual "strongman" who scapegoats minorities and likes boisterous rallies goes
    50. Re:oh no! by jmbr · · Score: 2, Funny

      And every college student knows that the code you copy has to compile. The code on the 2nd SCO picture doesn't, 'return)((ulong_t NULL);' is wrong.
      Well, it isn't very interesting for the point they're trying to make but it makes them look urm, messy.

    51. Re:oh no! by Cylix · · Score: 1

      Does anyone know if my sig will hold up in court?

      --
      "You should always go to other people's funerals; otherwise, they won't come to yours." -- Yogi Berra
    52. Re:oh no! by Anonymous Coward · · Score: 3, Informative

      It appears that the second shot may be moot. It looks like a bitkeeper patch to the 2.5 tree may have removed the file that the code apearred in in it's entirety in early July of this year:

      See here

    53. Re:oh no! by antiMStroll · · Score: 1
      Independantly, SCO claims that there are many lines of code copied from Sys V into Linux.

      In the spirit of total laziness, could someone provide a quick explanation of what is meant by 'Sys V' code as applied to the kernel? I thought Sys V referred to the system start up procedure, as opposed to the BSD rc.conf, and not its base code architecture.

    54. Re:oh no! by Anonymous Coward · · Score: 0

      Every college student knows that you must change comments and variable names of the code you copy.

      every college student SHOULD know that your professor will use a program that compares your code to others' code ignoring variable and function names, white space, and comments.

      it happened to me. i was nearly kicked out of college for it. my parents nearly killed me. if you're going to copy code, do it wisely. read the code, understand what it's doing, and reimplement it with no copy-paste action.

    55. Re:oh no! by Megaslow · · Score: 1

      I had an "instructor" at a certain "nation's largest private University" who told our class: "TCP/IP is the basis of good filesystem management."

      Sad thing is that this guy had multiple PhD's in nuclear and civil engineering, among other degrees.

    56. Re:oh no! by csbruce · · Score: 1

      As the GPL requires that if you distribute a modified binary, you distribute the source ... the Unix license could require that if you modify the source, you give it back to the owner!

      Clearly you need to beware of proprietary licenses. But what does the AT&T Unix license say about exclusivity of the copyright ownership? Does it say that any future code written by any company foolish enough to allow Unix inside their doors is the EXCLUSIVE copyrighted property of AT&T-->SCO? Even the GPL isn't that nasty.

      An academic-style license, which is what I assume that AT&T would have been after, would only want to insure that the copy of source code that it has continues to work properly, which would only need a non-exclusive license, which would mean that you must give your derived code back to AT&T, but you can use it for your own purposes as well, such as selling a product.

    57. Re:oh no! by Anonymous Coward · · Score: 0

      So you're basically saying you write shitty code just because you want everyone to know how old you are, and that you'll use the register keyword because you know it doesn't work. You're just a regular moron, aint ya?

    58. Re:oh no! by captaincucumber · · Score: 1

      It sounds like you have a real stick up your ass about these "professional students."

      My impersonation of you:

      Ohh, they think they're so smart with their high GPAs. I bet they sit around all day talking about their GPAs. "Look at me, I have a 3.9 GPA, I'm soooo smart." Well I'll show them! I'll show the whole world!!! HAH! HAH! HAH!!!

    59. Re:oh no! by mausmalone · · Score: 1

      LWN has show that the code is protected under the BSD license! Now we don't have to pay SCO anything! w00t!

      Wait... what am I saying? This is Slashdot, nobody was gonna give SCO anything to begin with.

      --
      -=-=-=-=-=
      I'd rather be flamed than ignored.
    60. Re:oh no! by Anonymous Coward · · Score: 0

      hmm my copy of second edition The C Programming Language by Kernighan and Ritchie says there is a register keyword.

    61. Re:oh no! by Anonymous Coward · · Score: 0

      Ummmmm... how is it sad that a man with PhD's in nuclear and civil engineering doesn't know the difference between networking and file system management? I had an Economics professor tell me that Packard Bell made really good PCs once, but that doesn't mean he wasn't incredibly knowledgable WRT economics and finance; he was just out of his realm.

    62. Re:oh no! by Royster · · Score: 1

      AT&T released several versions of Unix. System V was one susch version which went through several releases, the last of which was System V, Release 4 or SVR4 in 1988. See for a chart.

      Sys V refers to the Unix source code as it stood in the mid 80s.

      --
      I have discovered a truly marvelous sig, unfortunately the sig limit is too small to contain i
    63. Re:oh no! by bitmason · · Score: 1

      I did a fair bit of searching when researching something I wrote about this a few weeks back http://www.illuminata.com/cgi-local/pub.cgi?docid= scoderived. It appears to be in 4.3BSD but not, as far as I could see, in current open source BSD variants. I didn't have a copy of BSD4.4-lite to check so I'm not sure when it was taken out or otherwise modified beyond easy recognition.

      The code goes back at least as far as Sixth Edition Unix. I saw another comment that put it back even further.

    64. Re:oh no! by QuackQuack · · Score: 1
      Ohh, they think they're so smart with their high GPAs. I bet they sit around all day talking about their GPAs. "Look at me, I have a 3.9 GPA, I'm soooo smart." Well I'll show them! I'll show the whole world!!! HAH! HAH! HAH!!!

      Close, except it was BWAH HA HA!, not HAH! HAH! HAH!

      I'm probably a bit bitter because I was stuck working on a major school project with one of these students, and I did about 90% of the work myself because he didn't understand it, and was also too busy with resume-building extracuricular activities. Then at graduation, HE wins the department award, all due to his GPA.

      --
      By reading this sig, you agree to the terms of my sig license.
    65. Re:oh no! by sLaSh_N_bUrN_(.Y.) · · Score: 1

      Where did you go to school? I think I had that same professor.

    66. Re:oh no! by antiMStroll · · Score: 1

      Thx!

    67. Re:oh no! by Mr+Z · · Score: 2, Informative

      And to follow up on the other half of your question that Royster didn't answer, the "sysvinit" thing you're thinking of refers to a System V-style initialization sequence, as opposed to a BSD-style.

      --Joe
    68. Re:oh no! by ewhac · · Score: 1

      The tone of your reply makes it clear you wouldn't know shitty code if walked up and blue-screened on you.

      Quick test: Which for statement will compile more efficient code (no fair peeking at your compiler's output):

      for (i = 0; i < MAX; i++) { ... }

      for (i = MAX; --i >= 0; ) { ... }

      Schwab

    69. Re:oh no! by ghjm · · Score: 1

      For what architecture? Not all cpus have a decrement and branch if zero. For that matter, on modern cpus, efficiency depends far more on keeping mutlipe pipelines filled than on reducing instruction count.

    70. Re:oh no! by penguinlust · · Score: 1

      Poor you. I worked with a bunch of people like that too. One girl, Gemimi was her name, aced most tests but could not code worth a damn. Had a dynamite body though and I did give her some help.

      By the way, I got the CS department honors at graduation with a 3.79. Did a 4-1/2 to 5 year degree in just over 3 years while working 30 hours a week. The last year I was already doing Unix kernel support for Unisys so I could code also.

      I did not enjoy all my classes but I saw to it that I did pretty well in all of them. You could have been a little less lazy and you would not have this problem.

      In the last few years I've interviewed a lot of people with high and low GPAs. If they do not have the skills I will not hire them. If they do have the skills, and are recent graduates, I will look at the GPA. I do not give a shit about extracurricular activities. I leave that for the Law schools.

    71. Re:oh no! by Anonymous Coward · · Score: 0

      That's kind of funny. I grade for a college course and I just nailed someone today who changed their variable names but not their comments. The code for their quarter long project was suspicious so we googled for the comments and found the original. Perhaps they should have taken the SCO route and refused to show us the code but insist it existed :)

    72. Re:oh no! by DannyO152 · · Score: 1

      I don't know if this applies to the point, but John Fogerty was sued by the publisher of his compositions from the Credence Clearwater Revival era (it was a VERY acrimonious split between Fogerty and Fantasy Records) for a song he wrote for his solo record 13 years and another record company later. (The CCR record label was also owned by the same person who owned the publisher.) The song was Fogerty's "Old Man Down the Road" which was litigated on the basis of copyright infringement of Fogerty's Green River (IIRC). Went to trial. Jury didn't agree with the publisher.

    73. Re:oh no! by jrockway · · Score: 3, Informative

      I've graded code many times, and doing that does not disguise anything! You'd be amazed how easy to tell when people change variable names, brackets, indentation, spacing, etc.

      BTW, even if you've graded 100 projects, you'll know when you see copied code. It's truly obvious.

      --
      My other car is first.
    74. Re:oh no! by Anonymous Coward · · Score: 0

      I was always more fond of:
      for (i = MAX; i--;) { ... }

    75. Re:oh no! by Royster · · Score: 1

      Interesting point of view on Copyright by the lawyers. Of course, a legal opinion is just an opinion unless someone can point to law or precedent which clearly establishes the point.

      If you run a message board, you have a collective copyright on the entire collaboration (the same way a publisher of a magazine can have a copyright on an issue while the article authors may retain copyright on their individual articles), but it's very unclear that you have a copyright on each individual post absent an assignment or a work for hire situation.

      --
      I have discovered a truly marvelous sig, unfortunately the sig limit is too small to contain i
    76. Re:oh no! by Megaslow · · Score: 1

      I neglected to mention that he "works in the field he teaches" and had a master's in CS. Sorry for the confusion :)

    77. Re:oh no! by Anonymous Coward · · Score: 0

      Alright, he should have appended 'this applies to 99.9999% of computers out there'. A cpu without those are braindead already.

    78. Re:oh no! by Doomdark · · Score: 3, Interesting
      I guess you haven't met these professional students, then. I know it's a stereotype, but one that exists in the wild. People who get all stressed out from getting only 47 points out of 48 (even if grade is still the same), and go to complain, whine and try to biggie size the score. People who mostly talk about exams, preparing for them, whining about "not doing enough reading" (when they have been reading for past week); and usually getting high grades, being persistent perpetual movement machines they are.

      For whatever it's worth I did get decent grades myself, without sweating too much about it. But fortunately I never got any of my jobs based on either grades, or even the degree I have. I wouldn't base my hiring decision on either alone either. My thinking is that skilled and talented people generally do get fairly good grades, but that reverse direction isn't quite as linear.

      Of course, the stereotypic image only covers some of high-grade-average people; there are some truly smart people who do get straight A s no matter what (have met couple). But there are enough of those whose main skill really is studying and getting grades (one way or the other), without matching technical skills, that I would not rely too much on GPA or related rankings.

      --
      I like paying taxes. With them I buy civilization -- Oliver Wendell Holmes
    79. Re:oh no! by Doomdark · · Score: 2, Informative
      ...Or perhaps it's new code written by an old fart who knows through long, bitter experience that there's no such thing as an optimizing compiler.

      That's however missing the main point, namely, that your "non-optimizing compiler" may still just go ahead and ignore you. And the general agreement outside old fart circles is that that's 99% likely to happen (unless something really radical has happened since my taking of compiler's course in mid-90s....).

      So, even if you hate the register allocation your compiler does (with its somewhat incomplete understanding), adding register keyword may be as useful as buying those expensive gold plated stereo connectors, or wearing a tin-foil hat. If you really want to get allocation the way you consider optimal, you better write it in assembler.

      --
      I like paying taxes. With them I buy civilization -- Oliver Wendell Holmes
    80. Re:oh no! by Anonymous Coward · · Score: 0

      My mother's name is Darl McBride. You can find her name at www.sco.com.

    81. Re:oh no! by Anonymous Coward · · Score: 0

      That has to be one of the most uninformed replies possible.

      It's true that these days the "reigster" keyword isn't needed or used much, but C gurus should respect it.

      The only C keyword I can think of that I have never used, nor seen, nor can see any use for is auto. I could be wrong about this one, though.

    82. Re:oh no! by Anonymous Coward · · Score: 0
      As the GPL requires that if you distribute a modified binary, you distribute the source ... the Unix license could require that if you modify the source, you give it back to the owner!
      Except that it doesn't.

      Next, please.
    83. Re:oh no! by ewhac · · Score: 1

      I used to do that a long time ago, too, until I realized what it was doing:

      for (i = MAX; i--; ) { ... }

      i gets copied to a temporary, i is decremented (read-modify-write), then the temporary (the value i used to have) is tested against zero. Quite ugly.

      for (i = MAX; --i >= 0; ) { ... }

      i gets decremented immediately. On most CPUs, this also sets the condition flags according to the result. The result is then compared to zero -- Oh, look, we already have those conditions laying around, so we can drop in a branch instruction right away. Also, no temporary variable is involved.

      Schwab

    84. Re:oh no! by jghiloni · · Score: 1

      The problem is IBM only hires the top 5% of any given graduating class. Basically if you don't have a 3.75+ GPA, forget about it. I beg to differ. I graduated with a 2.97 GPA and I'm doing all right as a Software Engineer at IBM.

    85. Re:oh no! by vsprintf · · Score: 1

      The accusations made by SCO have been very unclear.

      No kidding. Thanks for the clarification. I didn't realize that. :)

      . . . Don't confuse the two very different legal issues.

      Okay, so you're saying this dog-and-pony show has nothing to do with their lawsuit against IBM, it's about future shake-down scams?

    86. Re:oh no! by eventhorizon5 · · Score: 1

      There's even much, much earlier pieces of this code, from 1973 and 1975:

      from a comment on LWN.net:

      "nsys" code, Aug 1973, dating between v3 and v4.
      http://minnie.tuhs.org/UnixTree/Nsys/sys/nsys /dmr/ malloc.c.html

      The v6 code (May 1975) is where these comments are introduced.
      http://minnie.tuhs.org/UnixTree/V6/us r/sys/ken/mal loc.c.html

      --
      #Secret Windows Source Code, in MS C% - if (uptime >= "24 hours") then bsod() else print "Windows License Violation!"
    87. Re:oh no! by Anonymous Coward · · Score: 0

      Nope - this is right on the money - doesnt really bother me cause i got into med school anyway, but i wouldnt have got in under the American system which tests how much you can cram, here they test UNDERSTANDING OF KNOWLEDGE, thats why Yanks find it so hard to get into foreign medical schools.

    88. Re:oh no! by swillden · · Score: 2, Funny

      I have yet to witness a compiler that did anything even remotely clever with register usage, much less correctly identify where the performance hot-spots were.

      The fact that compilers don't do a great job of optimizing register usage doesn't mean the register keyword is useful. The (correct) statement was that most compilers have ignored it for some time. It doesn't matter if your recommendation to the compiler is a good one if the compiler ignores you on the grounds that it thinks it knows better.

      On a lighter note, while googling to see how the compiler I use the most (gcc) handles the register keyword, I found this gem.

      The resulting program will contain a request, on creation of the variable that it be placed in a cpu register, the operating system may ignore or honour this request.

      Eh? I wasn't aware that the OS might decide to rewrite my program. If it can do that, can I get a Linux kernel patch that will automatically fix all the bugs in my software? It'd be really cool if it would also add all of the features I haven't gotten around to implementing yet...

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    89. Re:oh no! by SoSueMe · · Score: 2, Informative
      Read thisfrom YaHoo! finance. It shows where they got the bright idea to change the scope of their suit.
      Computer Associates (CA:NYSE - commentary - research) on Tuesday announced it would pay a $40 million settlement to a company that claimed breach of contract over a $15 million partnering agreement it made with the large software firm.

      In a press release issued after the bell, Islandia, N.Y.-based Computer Associates said it has reached a settlement with the Canopy Group and Center 7 over a suit filed by the companies in April 2001 in federal court in Utah. Center 7 claimed that Computer Associates reneged on a deal to help sell $15 million in software the small company had bought.

      Center 7 was formed by the Canopy Group, which has ties with companies experienced at suing the monsters of software. Canopy has a major stake in SCO Group (SCOX:Nasdaq - commentary - research), which in a suit filed in March charged IBM (IBM:NYSE - commentary - research) with infringing on its Unix copyright in its Linux business.

      A comprehensive summary of news links is here.
    90. Re:oh no! by AstroDrabb · · Score: 2, Informative

      Didn't anyone read the links? Especially this one? Analysis of Linux Code that SCO Alleges Is In Violation Of Their Copyright and Trade Secrets

      Bruce Perens clearly shows how this code was released under the BSD license a while ago and how it was in circulation for almost 30 years! I hope the stock price of SCO goes way down now that we have analyzed thier best example and shown how it is FUD.

      --
      If Tyranny and Oppression come to this land,
      it will be in the guise of fighting a foreign enemy. -James Madison
    91. Re:oh no! by vsprintf · · Score: 1

      Good (in a scary sense) link. It's hard to believe that corporations can exist only to suck the life blood from other companies. CEOs gone bad is old news, but vampire companies are a whole new perversion.

    92. Re:oh no! by shaitand · · Score: 1

      and if you write it without the register instruction... you miss out on the 1% chance. If the compiler ignores it then no loss, if it doesn't you gain. So how is training yourself to automatically do this a bad thing?

    93. Re:oh no! by gandy909 · · Score: 1

      In the spirit of "Why SCO Unix Sucks Rocks"....

      SCO claims that Linux has code in it that was copied from Sys V Unix. In fact, apparently since this code also exists in ancient v5 and v7 Unix that has already been released to the world, this must mean that part of the reason tha Unixware and Openserver suck so bad is that SCO also copied, and still use, this old crappy code from the ancient versions.

      --

      (Stolen sig) Remember: it's a "Microsoft virus", not an "email virus", a "Microsoft worm", not a "computer worm
    94. Re:oh no! by MikeFM · · Score: 2, Interesting

      I'm a geek and usually I always passed by the slimist possible margin but often the professors would ask me questions if they got lost. I'd do poorly because #1 I was bored, #2 I found homework an utter waste of time, #3 I found tests an equal waste of time, and #4 I consider myself to busy learning and doing to time out to prove myself. The few courses that graded on real life knowledge I always scored 4.0 or higher (extra credit) but anything that expected you just to do the classwork for your grade I did horrible at. Also I tend to argue with the professors and books if I think they're wrong.. at times I had all out competitions with them.

      Professionally, I still am much the same. Given difficult problems I can whip out good solutions quickly.. and forsee problems.. on the flip side I think people who just do the coursework are better at doing the boring grunt work. Instead of inventing new ways to do things more effeciently they just get done that needs done. Combined into teams these personalities can greatly help each other. I can force myself to do the grunt work but I think it's a waste of my talents.

      --
      At what price learning? At what cost wisdom? The price is a man's peace of mind, and the cost is his life.
    95. Re:oh no! by MikeFM · · Score: 1

      I'd assume that you learn to mentally fingerprint the owner of code also. Even in strict languages you usually get something of unique styles of solving problems. After seeing a few examples of different people's code you can usually guess who wrote what code without being told. Or is that not yet true of students that are just learning?

      --
      At what price learning? At what cost wisdom? The price is a man's peace of mind, and the cost is his life.
    96. Re:oh no! by Doomdark · · Score: 1
      I don't think it's a huge deal either way, to be honest, as long as one knows how likely it is to have some significance. I wouldn't bother, quite frankly. I am in favour of XP-like attitude, applied in this case like "don't type things you don't consider necessary".

      So, I wouldn't bother typing it in, unless I knew that:

      • Performance of code I'm working on is not good enough
      • Function I'm optimizing is important for performance (tight loop etc)
      • Keyword matters on at least one environment (platform, compiler) I'm compiling code in.
      And if so, I might use register keyword for local var declarations for the function in question, since that might both work and matter for me.
      --
      I like paying taxes. With them I buy civilization -- Oliver Wendell Holmes
    97. Re:oh no! by StandardTime · · Score: 1

      Me too!

    98. Re:oh no! by darqchild · · Score: 1

      i believe auto is implicit with most variable declarations.

      --
      What? Me? Worry?
    99. Re:oh no! by |<amikaze · · Score: 2, Insightful

      Second, Copyright dosn't work that way. The author is automatically the owner

      Very true, although you're not creating something new, but rather a derivative work of the original author's work. If the original author says that you must assign him/her the copyright to the code to re-distribute derivative works and you refuse to, then you have no legal grounds to redistribute the work at all.

    100. Re:oh no! by Anonymous Coward · · Score: 0

      The important thing is to know what the compiler you're using produces for things you write, not what you were told in a compiler course.

      Currently, I mostly write portable code, so I do leave the optimizations entirely to the compiler and just write straightforward code. But if I were writing something performance-critical, I would consider what the compiler produces.

    101. Re:oh no! by Balp · · Score: 1

      Depends a loot on the compiler actually, the first is almost always recogniced by the optimsation loop, so it get faster. But if naivly translated the second is usally better.

      With gcc 2.95.3 i got better code from the second loop without -O2 and better code from the first loop using -O2.

      And yes I peeked just to make sure that this version even for i386 worked as i knew it did on some other hardware. However in suppriced that I actually made code so that the loop was run I tought this version of gcc should have been smart enout just to make the return case in my code it was easy to figure out that the function alwas had the same result. (IBM's AIX compiler just returned 30 as the result from the function.)

      / Balp

    102. Re:oh no! by You're+All+Wrong · · Score: 1

      Right on!

      To paraphrase one of the finest coders in existance:

      " Don't modern compilers take care of optimisation?
      Sure, if you don't care about speed. "

      He also requests that you build his libraries with no more than -O1, because if the compiler starts trying to improve his code, it makes it worse (and yes, it is faster than anyone else's competing library at -O6).

      Problem is, you need to start writing different C source for different architectures...

      YAW.

      --
      Your head of state is a corrupt weasel, I hope you're happy.
    103. Re:oh no! by jyristys · · Score: 1
      Quick, bust out vi and change all the variable names!


      Emacs! Bust out Emacs, you clod! Oh wait, I hate them both..
    104. Re:oh no! by Michael+Hunt · · Score: 1

      You intrigue me :)
      Who is this famous coder?

    105. Re:oh no! by robslimo · · Score: 1

      I never thought I'd post this, but ...

      Mod up!

      What you're describing (in your geeky, conceited way) is the difference between two different and, arguably, equally valuable types of 'intelligent' people.

      1) people who're bright enough to learn whatever skill(s) they deem necessary to be successful (whatever that means to them).

      2) bright people who are interested in things and knowledge in general.

      The first group is valuable because they can get the 'grunt work' done. It won't be their passion, but their job and they'll enjoy it, assuming it pays the way to their real desires. The downside of this group is that they'll produce little innovation other than a plodding, following-the-book sort.

      The second group is valuable because they are truly interested in things/knowledge and pursue it fervently. From these people come the consistent innovations, new ideas and acting on and furthering the things they've learned. The downside of people in this group is that they're often distracted by their pursuit of knowledge to the point of being of neglible use. They often have a reasonably accurate but impractical view of their abilities and self-value... being remarkably able is not the same as doing!

      By the way, the second group is geeks. The first group is 'achievers'.

    106. Re:oh no! by You're+All+Wrong · · Score: 1

      Professor Daniel Bernstein. ( http://cr.yp.to/ )

      The particular misquote was from his FAQ on his 'DJBFFT' library.
      Seeing him lock horns with the 'FFTW' guys is quite fun.
      I decided to be fair, and tried both libraries. I then deleted FFTW.

      Seeing him lock horns with Lenstra et al. regarding hardware for NFS factoring is equally fun. However, he's not had the time to prove that he's right on that issue. Yet.

      YAW.

      --
      Your head of state is a corrupt weasel, I hope you're happy.
  2. I can decipher it! by Dimwit · · Score: 0, Insightful

    I can decipher it using my magical deciphering powers known as "being able to read Greek."

    (Please note that I can not, in fact, read Greek. It was more just to point out that it's not, you know, Symbol font.)

    --
    ...but it's being eaten...by some...Linux or something...
    1. Re:I can decipher it! by Phroggy · · Score: 1, Insightful

      (Please note that I can not, in fact, read Greek. It was more just to point out that it's not, you know, Symbol font.)

      Yes, dimwit, it is the Symbol font. The Symbol font consists primarily of Greek letters.

      --
      $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
      $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
    2. Re:I can decipher it! by terraformer · · Score: 2, Informative

      It's not actually Greek. It is English using the Greek alphabet.

      --
      Who are you? The new #2 Who is #1? You are #617565. I am not a number, I am a free man! Muhahaha.
    3. Re:I can decipher it! by Fractal+Law · · Score: 5, Informative

      The thing is that it actually is the Windows Symbol font. I can read Greek (Ancient Greek at least) and while the alphabet used is the Greek one all that somebody did was highlight the text in question and change the font to Symbol, which is what Windows calls its Greek font.

      In other words it's English written using the Greek alphabet. Why somebody would do something so silly puzzles me, however.

    4. Re:I can decipher it! by Dimwit · · Score: 1

      *grins* Boy is my face red. Sorry about that.

      --
      ...but it's being eaten...by some...Linux or something...
    5. Re:I can decipher it! by Arker · · Score: 3, Informative

      I can't read greek very well, but I do know the greek alphabet. Here is what the obfuscated section of the first picture says:

      As part of the kernel evolution towards modular naming, the functions malloc and mfree are being renamed to rmalloc and rmfree.
      Compatibility will be maintained by the following assembler code:
      (also see mfree/rmfree below)
      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    6. Re:I can decipher it! by $rtbl_this · · Score: 4, Funny

      But that's actually the same thing. It's a little known secret that all foreign languages are really just English spelled/pronounced wrong or encoded in a different character set. It's just one of the things that they don't want you to know.

      --
      "Are you being weird, or sarcastic?" said Emma. I said I didn't know because I get the two feelings mixed up.
    7. Re:I can decipher it! by wwest4 · · Score: 4, Funny

      maybe it's just bad corporate humor - powerpoint slides meant for exec types. the author anticipated:

      "what does that C code mean"

      "it's all greek to me"

      har, har.

    8. Re:I can decipher it! by Anonymous Coward · · Score: 0

      Yeah, you're such a dimwit.

    9. Re:I can decipher it! by Anonymous Coward · · Score: 0

      You english pig-dog

    10. Re:I can decipher it! by Anonymous Coward · · Score: 0

      I fart in your general direction. Your mother was a hamster and your father smelled of elderberries.

    11. Re:I can decipher it! by Is+every+nickname+ta · · Score: 2, Funny

      Actually, the last word is beloo, as they decided to use an omega for a "w", which is lacking in greek.

    12. Re:I can decipher it! by DancingSword · · Score: 1

      There are many different "symbol"-type fonts, numerous code-pages,...
      ... and if one doesn't live in MS-Windows, and hasn't seen MS-Windows for a couple of years, how is one to know MS-Windows CodePage(whatever) "symbol" font on sight, then?

      Sorry to yump into this, but once I were into typesetting, and the assumptions in "Yes, dimwit, it is the Symbol font. The Symbol font consists primarily of Greek letters." are a tad, ah, assumptive, IYSWIM

      My first reaction to such a comment is Which "symbol" font? .. From what font-foundry?

      --
      Messages to/for me ( in me journal )
    13. Re:I can decipher it! by ddimas · · Score: 1

      I read the code in question. You are correct about it being english transliterated to Greek by using the Symbol font. At first I thought it might actually be Greek but it made no sense (I'm fluent in Greek and English, I tend to read Greek charachters as Greek by default).

    14. Re:I can decipher it! by jonadab · · Score: 1

      You will note, however, that the Symbol font only uses the Greek
      letters as symbols; it does not have provisions for diacritical
      marks, for example, or Greek punctuation (e.g., the ? glyph does
      not look like a semicolon) as any real transliterative font (Graeca,
      Mounce) would do.

      And I *can* read Greek (albeit not quickly, and not modern Greek).

      --
      Cut that out, or I will ship you to Norilsk in a box.
    15. Re:I can decipher it! by jonadab · · Score: 1

      Heh. +1 Funny, but actually even transliteration isn't quite that
      straightforward, much less translation. If you take English and
      write it in a Greek-transliterative font, you get gibberish, which
      often isn't even pronounceable. Symbol is even worse, because some
      of the symbols aren't Greek letters or aren't even letters at all.

      --
      Cut that out, or I will ship you to Norilsk in a box.
    16. Re:I can decipher it! by orkysoft · · Score: 1

      I wonder what Perl code would look like in Greek ;-)

      --

      I suffer from attention surplus disorder.
    17. Re:I can decipher it! by Anonymous Coward · · Score: 0

      I can't read greek very well, but I do know the greek alphabet.

      Sounds to me like you're an illegal circumvention device.

      Here is what the obfuscated section of the first picture says:

      Yep, guilty as charged.

    18. Re:I can decipher it! by Phroggy · · Score: 1

      There are many different "symbol"-type fonts, numerous code-pages,...

      I was referring to the only common font I've ever seen which is actually called "Symbol". It has been around for over a decade, and many other Slashdotters (including the submitter) are obviosuly familiar with it.

      the assumptions in "Yes, dimwit, it is the Symbol font. The Symbol font consists primarily of Greek letters." are a tad, ah, assumptive, IYSWIM

      So are the assumptions in and if one doesn't live in MS-Windows, and hasn't seen MS-Windows for a couple of years, how is one to know MS-Windows CodePage(whatever) "symbol" font on sight, then? The Symbol font comes standard with the Mac OS. I assure you, I don't live in, or anywhere near, MS-Windows, although I have been forced to work with it on occasion.

      My first reaction to such a comment is Which "symbol" font? .. From what font-foundry?

      According to the version string, it's (C)1990-91 Bitstream Inc. and 1990-99 Apple Computer Inc.

      --
      $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
      $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
    19. Re:I can decipher it! by Kadagan+AU · · Score: 1

      Err... maybe I missed something... but why's it MATTER what the 'code' in Symbol says? It looks obvious to me that it's still part of the block comment...

      --
      This space for rent, inquire within.
    20. Re:I can decipher it! by MidnightBrewer · · Score: 1

      What's odd is their reasoning for obfuscating the code. They claim to have done so to protect their proprietary code from prying eyes.

      They have only obfuscated the code on one side of the screen. Based on this reasoning, the code shown on the right side is non-infringing. However, if that were the case, then why wouldn't the non-infringing code also be displayed on the left side?

      SCO also seems to have highlighted all offending code in red - which means that they failed to obfuscate so-called "proprietary code" on the right side.

      Ungh...head hurts. Where management attempts to reason, programmers fear to tread.

      --
      "Give a man fire, and he'll be warm for a day; set a man on fire, and he'll be warm for the rest of his life
    21. Re:I can decipher it! by sp1nl0ck · · Score: 1

      And it says...

      As part of the kernel evolution towards modular naming, the
      functions malloc and mfree are being renamed to rmalloc and rmfree
      Compatibility will be maintained by the following assembly code:
      (also see mfree/rmfree below)


      How pointless is that? It looks like the only thing there that is identical is the comment.

      --
      War is God's way of teaching Americans geography
    22. Re:I can decipher it! by jonadab · · Score: 1

      Transliterated? Very strange. I tried my signature in the Mounce
      font, and a lot of the punctuation comes out as diacritical marks
      on the previous character. For example, where you see "map{my",
      the curley brace comes out as a rough breathing and accute accent,
      which looks pretty odd over the pi -- not to mention, the y comes
      out as a psi, so you end up with something that _if_ it could be
      pronounced would be roughly "maHPmps". On the other hand, what
      follows ("($a,$b)") comes out very nicely if you imagine someone
      using alpha and beta as variable names.

      --
      Cut that out, or I will ship you to Norilsk in a box.
  3. Translation of "symbol" section: by *igor* · · Score: 5, Informative

    * As part of the kernel evolution toward modular naming, the
    * functions malloc, and mfree are being renamed to rmalloc and rmfree.
    * Compatibility will be maintained by the following assembly code:
    * (also see mfree/rmfree below)
    */

    1. Re:Translation of "symbol" section: by johny_qst · · Score: 3, Interesting

      As all that they are demonstrating is a few lines of comments from their system v code where is the IP infringement? Comments may be part of the source, but am I wrong in assuming that comments are not included in the 'IP' concept that is being argued in SCO's case? If I copied just the notes in the margins of one of davinci's notebooks into the margins of my copy of 'stranger in a strange land 2: a parody by me' would that be infringement? Is SCO's claim really this weak, or are we really not going to see Code before IBM's lawyers drag it out of the SCO lawyers in an actual courtroom?

      --
      Fnord.sig
    2. Re:Translation of "symbol" section: by Yohahn · · Score: 4, Informative

      Others agree, they've been chatting about this on Linux weekly news:

      see here

    3. Re:Translation of "symbol" section: by Anonymous Coward · · Score: 0

      In the first screenshot, I want to know where the actual code that the Linux kernel infringes. From that shot, they don't actually show any code on the SCO side. Just how a couple of lines of comments were the same.

      So two programmers think exactly the same with describing a function.

    4. Re:Translation of "symbol" section: by albalbo · · Score: 3, Interesting

      Consensus is that it's the obfuscation technique they've used to hide bits of code they didn't want to show. Heh, real-life rot-0 encryption :o)

      The comments that have been obscured have been translated by numerous people, and the comments don't appear in any public source known to Google. Therefore, it seems to be genuine proprietary Unix that it comes from.

      I wonder if anyone else took pictures of the presentation - apparently, there was a lot of 'obscured' code in the samples they were showing. It would be quite interesting to know what code was obscured: so far, none of the obscured code is in the Linux kernel, which is odd given that it was 'copied line-by-line'. If it was indeed copied, I would expect more than just the stuff which is already public domain.

      --
      "Elmo knows where you live!" - The Simpsons
    5. Re:Translation of "symbol" section: by Atzanteol · · Score: 5, Interesting
      Face it. There is stolen code in Linux. How much and how severe the value of the theft is to be determined but that there was theft is almost certain.
      Sorry? The code snippet they show is from a 'malloc' implementation that is apparently much older than SysV, and also public domain! How is this 'stolen'?

      Oh, wait. IHBT haven't I? Blast!
      --
      "Ignorance more frequently begets confidence than does knowledge"

      - Charles Darwin
    6. Re:Translation of "symbol" section: by hcetSJ · · Score: 5, Funny

      They can't use Symbol font as a substitution cypher!!! I did that in 3rd grade!!! I demand they pay me $699 for each character encrypted with the Symbol Font Substitution Cypher (tm)(R)(c)(MD)(DDS)!!!

      --

      This side up.
    7. Re:Translation of "symbol" section: by Chakde+Phate! · · Score: 1

      A reasonable advocate would be working on a method to right now to find coders who have NEVER seen either the SCO code, the licensed IBM code or the stolen Linux code and begin a process of writing true black-box replacements.

      Leaving aside the rest of your post, which I'm sure somebody will pick up on, the problem is this suggestion is that no-one knows what those sections of code are! At least, no-one who hasn't signed the NDA which (IIRC) no-one has seen either.

    8. Re:Translation of "symbol" section: by JanneM · · Score: 5, Informative

      Um, no, that is a very premature conclusion.

      First, they will have to show that this code is their property; as others have mentioned, both Linux and SCO Unix contain BSD code - which is perfectly legal to copy.

      Second, if the code is stuff from IBM/Sequent, they will need to show that IBM did not in fact have the right to give the code away to Linux. This will not be determined until the lawsuit is settled (and looks unlikely to go in SCO:s favour considering the side agreements that explicitly give IBM permission to do whatever they want with their code).

      And don't forget that in the case that IBM loses that suit, it becomes a matter between SCO and IBM only. That code IP is owned by IBM, not SCO, no matter what, and Linux users are free to continue using it. The only one damaged by that would be IBM, as they would be found for breach of contract.

      Oh, and the 110/2000/890000/dozens/whatever number sco is flinging around at the moment is pretty much immaterial. They haven't exactly been paragons of accuracy in this affair so far.

      Again, to reiterate, the whole "illegaly copied code" is, so far, just smoke and mirrors. There is no lawsuit alleging any copyright infringement. There is only a lawsuit alleging that IBM violated an agreement not to share some of their IP with third parties.

      --
      Trust the Computer. The Computer is your friend.
    9. Re:Translation of "symbol" section: by jandrese · · Score: 4, Funny

      You know, you'd might want to start updating your resume because SCO excecs have been dumping their stock, which is usually a sign that a company is going down. Its not going to be easy to find another cushy job like that where you can sit in your nice office and astroturf Slashdot.

      --

      I read the internet for the articles.
    10. Re:Translation of "symbol" section: by letxa2000 · · Score: 5, Insightful
      Face it. There is stolen code in Linux. How much and how severe the value of the theft is to be determined but that there was theft is almost certain.

      Face it, that has yet to be proven. Even if the screen shots provided are correct, it has yet to be determined who put those comments in each code and when. SCO could have just as easily inserted them in their code at the time because it was easier than developing it themselves. Or perhaps they inserted the code intentionally so that later they could say "See? It's the same." Or maybe SCO contributed the code to their Linux distribution? Or, yes, perhaps someone took it from SCO inappropriately and inserted it in Linux--in which case THAT PERSON (or company) should be SCO's target, not Linux and Linux users worldwide.

      A reasonable advocate would be working on a method to right now to find coders who have NEVER seen either the SCO code, the licensed IBM code or the stolen Linux code and begin a process of writing true black-box replacements.

      And I'm sure that as soon as SCO acts reasonably and friggin' tells the world what sections of code they have a beef with, that's exactly what will happen regardless of whether SCO's claims are valid or not.

    11. Re:Translation of "symbol" section: by tuffy · · Score: 5, Insightful
      Face it. There is stolen code in Linux. How much and how severe the value of the theft is to be determined but that there was theft is almost certain.

      Stolen? Stolen from where? Showing two identical blocks of code in two different OSes proves nothing. SCO has to prove that it is the rightful copyright holder of that code *and* it has to somehow weasel out of its release of that code in the Linux kernel under the GPL. If that code originated in Linux first, SCO is out of luck. If that code originated from a third party and was taked by both Linux and SCO, SCO is out of luck.

      But once we see what code is in question, finding the original, rightful copyright holder is the easy part. And if the holder isn't SCO, SCO is out of luck. That's why SCO has been so afraid to show it in public.

      --

      Ita erat quando hic adveni.

    12. Re:Translation of "symbol" section: by arth1 · · Score: 5, Interesting

      The problem with your reasoning is that the comments weren't stolen from SCO and put into Linux. The comments existed way before SCO and Caldera and "new SCO" -- you'll find the same comments in BSD source from the early 80's, and published on the net. So if anyone stole the code, it wasn't any Linux developers, cause Linux didn't even exist back then.

      Now will the REAL copyright holder please stand up?

      Regards,
      --
      *Art

    13. Re:Translation of "symbol" section: by hemabe · · Score: 1

      If they (SCO) secure their intellectural property that easy, they don't have to complain about robbery ...

    14. Re:Translation of "symbol" section: by bnenning · · Score: 4, Funny
      In that way, when the courts inevitably rule that the offending code cannot be used in ANY release and blocks ALL USERS from using ANY recent distributions


      Does Darl know you've found his stash?

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
    15. Re:Translation of "symbol" section: by Anonymous Coward · · Score: 0
      Only the most blind advocate would suspect that somebody wrote new code in a black box and then stole comments that coincidentally happened to match correctly.

      Ummm sorry to disagree but I have seen this happen and have even done it myself... all the time in fact-- I just had to go back and make changes to some code that was totally UNRELATED to the original except for a bit of formatting in the comments. I do not think my experience is atypical.

    16. Re:Translation of "symbol" section: by Anonymous Coward · · Score: 0

      Also, Unix was protected as a trade secret. Those pieces of the code which are being published have now lost their secrecy protection. Copyright is still an issue.

    17. Re:Translation of "symbol" section: by MO! · · Score: 4, Insightful
      Face it. There is stolen code in Linux. How much and how severe the value of the theft is to be determined but that there was theft is almost certain.

      Not exactly!

      It may show that there is identical code in Linux and Unix, but that in no way "proves" the code was stolen from the latter! The code may have come from BSD, it may have been stolen from Linux and copied into Unix, some of it may be OEM code that was released by a hardware vendor to many platforms with the same comments but slightly different actual code. There is no way possible to determine any of this with what pathetically little has been shown.

      Which returns to the point that most here have. If this the all they can show - they've got crap for a case! If they have some "smoking gun" type example, then show it so the matter can be resolved. Using "smoke and mirrors" to extort money from Linux users is NOT an acceptable tactic.

      --
      I AM, therefore I THINK!
    18. Re:Translation of "symbol" section: by Paradise+Pete · · Score: 1
      Of course stealing comments is IP infringement. The damages would likely be less if the value of the IP is less but it is out and out theft nonetheless.

      If they still have their comments, then they haven't been stolen. Why is so difficult to differentiate theft and infringement?

      Face it. There is stolen code in Linux.

      SCO has not reported their code missing, so it isn't stolen. There may or may not be infringing code in Linux. If even slashdotters can't see the difference, then there's little hope for the GP.

    19. Re:Translation of "symbol" section: by Anonymous Coward · · Score: 0

      The compiled kernel doesn't have SCO's copyrighted comments in it.

    20. Re:Translation of "symbol" section: by buffer-overflowed · · Score: 5, Informative

      Since you probably didn't read some of the comments, as others have pointed out, these exact comments (and even some source) are in the public domained Unix 7 code, as well as old BSD code (BSD being absolutely in the clear from the settlement). So, this is in no way an example of infringment. Hell code I've wrote w/o ever seeing any of these is similarly constructed and commented.

      BSD Comments (malloc), 1986:
      /*
      * Allocate 'size' units from the given map. Return the base of the
      * allocated space. In a map, the addresses are increasing and the
      * list is terminated by a 0 size.
      *
      * Algorithm is first-fit.
      */

      SGI Comments, 1992 - Present:
      /*
      * Allocate 'size' units from the given map.
      * Return the base of the allocated space.
      * In a map, the addresses are increasing and the
      * list is terminated by a 0 size.
      * Algorithm is first-fit.
      */

      Unix 7 (Public Domain) 1979:
      /*
      * Allocate 'size' units from the given
      * map. Return the base of the allocated
      * space.
      * In a map, the addresses are increasing and the
      * list is terminated by a 0 size.
      * The core map unit is 64 bytes; the swap map unit
      * is 512 bytes.
      * Algorithm is first-fit.
      */

      Wow, stunning proof, absolutely stunning that public domain source and comments would get used and modified.

      --
      The key to the enjoyment of pop music is to replace any instance of "love" with "C.H.U.D."
    21. Re:Translation of "symbol" section: by ZahrGnosis · · Score: 1
      Face it. There is stolen code in Linux. How much and how severe the value of the theft is to be determined but that there was theft is almost certain.
      I'm out of mod points or I'd have just modded this flamebait or something, but now I have to go write a reply. Sheesh.

      The Linux version of the file that the "infringing" code comes from bears the phrase:

      Copyright (C) 1992 - 1997, 2000-2002 Silicon Graphics, Inc. All rights reserved.
      In addition to the GPL notice at the top. I don't have the time right now to jump into the archives and find out who published this code when... I'm sure a lot can be learned from the old cvs trees. If parts of it go back to 1992 and belonged to SGI, there's still a very strong likelyhood that the code was released to Linux "legally". SCO hasn't proven that there's stolen code in Linux at all. I do agree that there's MATCHING code (well, matching comments so far, but matching code can't be far behind). But the source of that code, and whether it was in Linux first, or something SCO owns, remains to be proven.
    22. Re:Translation of "symbol" section: by TheAncientHacker · · Score: 2, Insightful

      You make a very naieve assumption in thinking that an injunction will not be ordered until the end of multiple trials. What is more likely is that SCO will file a brief asking the court for injunctive relief by claiming that each day that the contested code is in use costs them revenue (and by setting a licencing price they've established the value of that revenue).

      The courts will almost always grant injunctive relief for the duration of the trial if there is any reasonable evidence that there is any merit to the claim. For an example, look at Microsoft's having to change every disk they produced (not just OS disks but even training manuals) that included the MS Java Runtime. That injunction was ordered at the BEGINNING of the Sun v Microsoft case before evidence was even presented.

    23. Re:Translation of "symbol" section: by techsoldaten · · Score: 1

      Of course, you are assuming this code was stolen and not put into the Linux kernel either a) mistakenly or b) as some sort of an IP trap. There have been a number of similar IP infringement cases where companies get to trial only to discover the claimant actually stole the code themselves.

      M

    24. Re:Translation of "symbol" section: by EnigmaticSource · · Score: 1

      At the risk of my positive Karma... TAH: are you _really_ just a SCO drone, or do you assume that damn near 1/4 of Linux was lifted from SysV? Hell I don't think BSD contains that kind of ratio of the origional AT&T code. Failures of Darwinism like you are what makes FUD successful. I'm not arguing that _maybe_ someone stole SCO-UNIX code, I'm saying that you seem to be really misinformed.

      --
      The Geek in Black
      I know my BCD's (when I'm Sober)
    25. Re:Translation of "symbol" section: by Kythe · · Score: 2, Insightful

      All I'm "facing" is the fact that you're making unsupported inferences. SCO is claiming an awful lot. They need to put up or shut up.

      I'll not deny that there may be "stolen code" in Linux. But the fact is, at this point we simply don't know. And neither do you.

      --

      Kythe
    26. Re:Translation of "symbol" section: by Atzanteol · · Score: 3, Informative

      I am facing the fact that the exmple they showed didn't prove anything. Have you accepted that yet?

      Face it: SCO has not *proved* a damned thing yet. Would you base your IT funding on unproven claims from SCO? If so, I have some code your work is infringing upon. No really, trust me. Would I make outrageous claims? You owe me big time. Theif.

      --
      "Ignorance more frequently begets confidence than does knowledge"

      - Charles Darwin
    27. Re:Translation of "symbol" section: by frankie · · Score: 2, Informative
      SCO has made their point very well with the identical comments.

      Except that the symbol-font comments being discussed in this thread (about rmfree) are not in Linux. The part that is identical comes from a textbook. And where in your ass did this 890,000 LoC number come from? URL please?

      Face it. There is stolen code in Linux

      Unless both Linux and SCO legally copied the code from a BSD-licensed version of UNIX(tm). Or unless SCO stole the code from Linux. Until each party shows verifiable changelogs for the relevant sections, it's very much an open question.

    28. Re:Translation of "symbol" section: by HTH+NE1 · · Score: 1

      Only the most blind advocate would suspect that somebody wrote new code in a black box and then stole comments that coincidentally happened to match correctly.

      Why not that they stole the comments and then wrote new code around them that did what the comments described? It's not unreasonable to think that someone thought that, since comments aren't code, they could reimplement the code while maintaining the comments and not be infringing.

      Of course this would from the mindset of the closed-source programmer who wouldn't notice that the comments would become public and that the comments are protected by copyright as well. If your source is closed, your sins are concealed from scrutiny. If your source is open, you're publishing stolen comments. But that doesn't mean the code around those comments is stolen.

      Face it. There is stolen code in Linux.

      Or there's stolen code from Linux in SCO's code. We have documentation when the code entered Linux and from whom, right? Do we have the same accountability for how SCO came into possession of the same code?

      Remember Megadodo Publications v. StarBix Cereal?

      --
      Oh, say does that Star-Spangled Banner entwine / The myrtle of Venus with Bacchus's vine?
    29. Re:Translation of "symbol" section: by Anonymous Coward · · Score: 0

      Since this particular snippet was published in various books, it was not a trade secret.

    30. Re:Translation of "symbol" section: by cmdr_beeftaco · · Score: 5, Funny

      Are you claiming that Linux is just a parody of Unix?

    31. Re:Translation of "symbol" section: by WNight · · Score: 2, Insightful

      Probably, but not for sure. If you sign an NDA, see my trade secrets, then blab, it doesn't mean my secrets lose their protection. My making you sign an NDA is likely going to be seen as taking adequate precautions. That's why everyone signs NDAs all the time.

      If the person who snapped this photo was under NDA, and SCO can prove it, they might not lose protection.

      However, I don't think they have that protection to being with. The Unix source code has been seen by generations of students. Even under NDA, if you have intimate access to the Unix source code you're going to learn things by reading it, things that might unintentionally make it into your future projects. You can't have trade secrets that are public knowledge. (Yes, this does contradict what I said earlier.)

      In other words, if they'd kept the source as close to secret as possible, they might still have protection, if you couldn't figure out the source by disassembling it (which is legal) and if it actually did anything all that amazing. Being that they've shown so many people over the years, even under NDA, they can't legitimately claim they've been trying to keep it a secret.

      Trade secrets are a weird bit of law.

    32. Re:Translation of "symbol" section: by tuffy · · Score: 2, Insightful
      You make a very naieve assumption in thinking that an injunction will not be ordered until the end of multiple trials. What is more likely is that SCO will file a brief asking the court for injunctive relief by claiming that each day that the contested code is in use costs them revenue (and by setting a licencing price they've established the value of that revenue).

      SCO can't possibly order an injunction against the entire kernel because most (all?) of it isn't copyrighted by them. SCO could probably order an injunction against certain bits of contested code, but it would have to tell what they are in order for that to be granted. And besides, stopping the shipment of a Linux kernel would hurt SCO's FUD-based revenue stream and injure their long-term prospects even more.

      --

      Ita erat quando hic adveni.

    33. Re:Translation of "symbol" section: by Anonymous Coward · · Score: 0

      WHY is this guy still only at +2? CHOP CHOP mods, get with it, slappy!

    34. Re:Translation of "symbol" section: by aridhol · · Score: 1
      Again, if nobody's started doing a black-box implementation of the suspect code
      How would you propose that this is done? Last I saw, SCO wouldn't tell what the suspect code is. Yes, they have shown one function (which may or may not belong to them), but that is all. Unless you black-box rewrite the entire kernel, you can't be sure to get the parts they claim as their own.

      Happy hacking, TAH.

      --
      I can't say that I don't give a fuck. I've just run out of fuck to give.
    35. Re:Translation of "symbol" section: by EzInKy · · Score: 2, Informative

      Face it. They showed an example that didn't give away any IP rights. The ability to maintain their IP is why you can't see stolen code with value unless you sign an NDA protecting their IP rights.

      Face it, they are lying. As many others have pointed out the code they showed has not only been released for free use by them, but also has been publicly available before they even existed.

      --
      Time is what keeps everything from happening all at once.
    36. Re:Translation of "symbol" section: by schon · · Score: 5, Interesting

      Of course stealing comments is IP infringement.

      Not according to the judge in the BSD case. He ruled that comments were not part of the source code.

      The damages would likely be less if the value of the IP is less but it is out and out theft nonetheless.

      Actually, as SCO refuses to disclose the alleged infringing code, the damages will be zero, as SCO is demonstrating that any infringing code is worthless. (If it wasn't worthless, SCO would do everything possible to get it removed from the kernel.)

      SCO has made their point very well with the identical comments.

      Considering that SCO hasn't made any alleged infringing code (with or without comments) publically available, there has been _NO_ point made at all.

      Only the most blind advocate would suspect that somebody wrote new code in a black box and then stole comments that coincidentally happened to match correctly.

      The fact that independant people who have signed NDAs, and are given two snippets of code, the origin of which they have no knowledge of, say "the comments are the same" really proves nothing...

      There is stolen code in Linux.

      Please provide proof of that statement. So far, there has been NO PROOF . At all. Until there is, it's a really large leap to say that SCO is 100% right.

      A reasonable advocate would be working on a method to right now to find coders who have NEVER seen either the SCO code, the licensed IBM code or the stolen Linux code and begin a process of writing true black-box replacements.

      No, a reasonable advocate would ask SCO for a detailed listing of all of the alleged infringing code. That's been done. SCO has refused.

      It's impossible to 'write true black-box replacements' when nobody knows what to replace.

      when the courts inevitably rule that the offending code cannot be used in ANY release

      Why would a court rule that? SCO has not provided any proof, they continue to distribute any alleged infringing code themselves under the GPL.

      Please take your troll somewhere else.

    37. Re:Translation of "symbol" section: by TheAncientHacker · · Score: 2, Insightful
      At best it isn't "a matter between SCO and IBM only". If IBM loses, the "at best" result is:
      • IBM pays Billions of dollars in monetary and punative damages
      • Every Linux release since the IBM code was included is now stolen property and cannot be sold or distributed
      • Users who purchased stolen versions have the right to sue the distributor for damages
      • All Linux dev work since the IBM code is suspect and must prove that it is not derived from the stolen code
      • All copies of Linux in use that include the stolen code must either be licensed or destroyed including those in use
      • Anyone continuing to use a more recent Linux release that contains the stolen code is now subject to separate charges and penalties
      • The Linux dev tree is reset under court order to the point prior to violation
      • The court will impose a code review and check-in process that makes violations of this kind less likely

      Hardly "a matter between SCO and IBM only"

      Of course, there's always the possibility that there's absolutely no code in Linux that isn't IP Clean. But that's pretty small odds if you think about it in any reasonable way.
    38. Re:Translation of "symbol" section: by xanadu-xtroot.com · · Score: 2, Funny

      Since you probably didn't read some of the comments, as others have pointed out, these exact comments (and even some source) are in the public domained Unix 7 code, as well as old BSD code

      You, sir, need to get your head examined. You're thrying make sense and post truthful statements on slashdot...

      --
      I'm not a prophet or a stone-age man,
      I'm just a mortal with potential of a super man.
    39. Re:Translation of "symbol" section: by nutznboltz · · Score: 0

      7th Edition UNIX is NOT Public Domain.

      1986 BSD was not put through the re-writing process that led to 4.4BSD-Lite.

      All of your argument are belong to false.

    40. Re:Translation of "symbol" section: by TheAncientHacker · · Score: 0, Flamebait

      How do you do this? Simple. SCO is claiming that the code they licensed to IBM is the offending code. To be safe, you black-box every single bit of code that IBM has ever touched.

    41. Re:Translation of "symbol" section: by buffer-overflowed · · Score: 2, Funny

      Don't worry, I don't make a habit of it.

      --
      The key to the enjoyment of pop music is to replace any instance of "love" with "C.H.U.D."
    42. Re:Translation of "symbol" section: by dnoyeb · · Score: 1

      Face it. There is stolen code in Linux. How much and how severe the value of the theft is to be determined but that there was theft is almost certain.

      I am going to disagree with you, but not so much as everyone else has. I think SCO knows just as much as we do. They are lawyers, not programmers and actually do not have more skill and certainly do not have near the resources of the open source commnity.

      I think SCO has found some interesting correlations. And that is certainly enough to launch their campaign which is increasing their stock price(and all that goes with that).

      So time will tell us, as well as SCO if they have a case. Either way, SCO execs have already won.

    43. Re:Translation of "symbol" section: by lfd · · Score: 2, Interesting
      As a matter of fact, the encrypted section of the comment reveals that the old programming adage is still valid: "debug only the code, not the comments."

      It also shows that the first snippet is bogus. Linux's malloc, apparently allocates kernel memory (that's what it does in my 2.0.39 kernel source tree). Now, SVR4.0's rmalloc deals with resource map management which a completely different thing.

      As for the second snippet, it is STREAMS code and is most likely based on BSD's mbuf code.

      If you expected real evidence, this is not it.

      --
      Going on means going far, going far means returning. Tao te Ching
    44. Re:Translation of "symbol" section: by Anonymous Coward · · Score: 0

      You don't know jack. That's Rot-26!

    45. Re:Translation of "symbol" section: by shepd · · Score: 1

      Face it. Unless all of SCOs copies of the source code have magically been transported into Linus' home, no theft, nor stealing has occurred, period.

      And, if you want to take this further, I have evidence that these words have meant that for longer than the lifetime of any human being.

      If you're going to lie, at least do it without making the english language your casualty.

      --
      If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
    46. Re:Translation of "symbol" section: by JanneM · · Score: 1

      Um, again, no.

      A finding in favour of SCO would _only_ mean a breach of contract between IBM and SCO - it does not transfer any IP rights to SCO.

      As I said, the allegation that the code in question is actually SCO:s have not been made in any suit. It is not part of the SCO-IBM suit.

      Besides, as comments elsewhere show, it seems that what they've displayed here is not owned by SCO in any case, and is long since public code.

      --
      Trust the Computer. The Computer is your friend.
    47. Re:Translation of "symbol" section: by xanadu-xtroot.com · · Score: 1

      heh
      :-)

      --
      I'm not a prophet or a stone-age man,
      I'm just a mortal with potential of a super man.
    48. Re:Translation of "symbol" section: by Anonymous Coward · · Score: 5, Informative

      > 7th Edition UNIX is NOT Public Domain.

      Actually, it is:
      http://linux.oreillynet.com/lpt/a/1595/

    49. Re:Translation of "symbol" section: by Kythe · · Score: 2, Insightful

      Ummm...no. Sorry.

      SCO already released the code under the GPL when they distributed Linux. It may not be fair (assuming that there actually is infringing code -- thus far, SCO hasn't inspired a lot of confidence), but the GPL *is* legit, and a court of law will assume SCO should have been competent enough not to release "their own code" under such a license.

      Back to square one, huh?

      --

      Kythe
    50. Re:Translation of "symbol" section: by BlackHawk-666 · · Score: 1

      Won't this be a tad difficult until SCO actually reveal what code has been compromised? Aren't you effectively saying we should re-write the entire kernel from scratch?

      --
      All those moments will be lost in time, like tears in rain.
    51. Re:Translation of "symbol" section: by BrynM · · Score: 2, Insightful
      "A reasonable advocate would be working on a method to right now to find coders who have NEVER seen either the SCO code, the licensed IBM code or the stolen Linux code and begin a process of writing true black-box replacements."
      I'd have to disagree with you here (well actually more than just here, but this is the point I will address). It's impossible to get anyone who hasn't seen the SCO code, because we don't know what code is (supposedly) SCO's and SCO keeps changing their claim as to how much code that is. Basically it seems that you'd be hiring a kernel programmer that has never seen kernel code since there *might* be some SCO code *somewhere* in the kernel.

      Beyond that, why waste time trying to "black-box" the code when most, if not all, of these claims seem unfounded. I take it you've been reading the responses you've gotten so far regarding the BSD nature of the comments, right?

      --
      US Democracy:The best person for the job (among These pre-selected choices...)
    52. Re:Translation of "symbol" section: by deadcasuals · · Score: 4, Funny

      Congratulations. You are now a criminal under the DMCA for breaking SCO's encryption algorithm!

      g00r00?

    53. Re:Translation of "symbol" section: by BlackHawk-666 · · Score: 1

      Since only IBM was privvy to that code they can only take action against IBM. They cannot take action against other programmers who have used/seen code that was released by IBM into the kernel. This is pure FUD you are spreading. Until SCO show some acutal code that *they* wrote they will remain the laughing stock of the community.

      --
      All those moments will be lost in time, like tears in rain.
    54. Re:Translation of "symbol" section: by 13Echo · · Score: 1

      I saw this as well. The fact that they quote lines of code without sourcing their location is not going to stop us from tracking these things down inside the kernel sources.

      That fact is that they've still proven nothing, and their claims are worthless at the moment. They can lie all they want, but there will still be an army of geeks that will sift through the source code and verify its time of implementation (and author) by means of the Internet archives. Google has 20 years worth of archives of real information.

    55. Re:Translation of "symbol" section: by ichimunki · · Score: 1

      # All copies of Linux in use that include the stolen code must either be licensed or destroyed including those in use

      Prove it. Find me even one word in the Title 17 or a single precedent in case law that would indicate forfeiture of copies of works received in good faith but are later found to have been created or distributed in an infringing manner.

      --
      I do not have a signature
    56. Re:Translation of "symbol" section: by Anonymous Coward · · Score: 0

      IBM pays Billions of dollars in monetary and punative damages
      Perhaps
      Every Linux release since the IBM code was included is now stolen property and cannot be sold or distributed
      Nope. SCO allready released and still released the kernel source for free on their FTP site. All future distributers have to do is derive their kernels from that.
      Users who purchased stolen versions have the right to sue the distributor for damages
      I don't think so since they can sidestep this.
      All Linux dev work since the IBM code is suspect and must prove that it is not derived from the stolen code.
      Affraid that is not how the justice system works. Nice try.
      All copies of Linux in use that include the stolen code must either be licensed or destroyed including those in use
      Why do that when you can recompile the kernel using what SCO provides under GPL.
      Anyone continuing to use a more recent Linux release that contains the stolen code is now subject to separate charges and penalties
      Nope
      The Linux dev tree is reset under court order to the point prior to violation
      Unlikely since the "point of violation" happens before SCO stopped giving away the code under GPL (ie to this day)
      The court will impose a code review and check-in process that makes violations of this kind less likely
      Courts really can't mandate this.

      Nice try but you are really full of shit.

    57. Re:Translation of "symbol" section: by Stephen+Samuel · · Score: 4, Interesting
      And you really think that every user of Linux, every vendor and every company should bet that all 890,000+ lines of code come from 1979 or earlier? Do you really think UNIX Version 7 in 1979 had a NUMA implementation?

      I'd put it the other way 'round:
      Out of almost a million lines of 'stolen' code, the best example that they can come up with is something in the public domain???

      Between that and their laughable argument for why the GPL is invalid, I'm still expecting them to be quashed in court. In fact, my question is whether or not Boyes is going to get censured for filing a 'frivolous and vexatious' case.

      --
      Free Software: Like love, it grows best when given away.
    58. Re:Translation of "symbol" section: by TheAncientHacker · · Score: 1

      Show me a case where you are allowed to keep stolen goods and continue a practice that has an ongoing monetary cost to as successful plaintiff. SCO has already placed a monetary value on the code. If it is proven that the code is stolen you will likely not be subject to any penalties for your actions up until that date but continuing to run the code unlicensed after that point will be blocked. Likely you will be able to sue your distributor for selling you stolen IP and they in turn will be able to sue IBM.

    59. Re:Translation of "symbol" section: by Anonymous Coward · · Score: 0

      Goes back furthur... The Version 6 Unix Kernal (1976)

      http://medialab.freaknet.org/~martin/tape/stuff/ sy s.v6/

    60. Re:Translation of "symbol" section: by TheAncientHacker · · Score: 0

      The courts can and do precisely the actions I've listed regularly. Or are you saying that no court has ever ordered a business procedure implemented to prevent recurring violations? Perhaps you've heard of DOJ v Microsoft?

    61. Re:Translation of "symbol" section: by Anonymous Coward · · Score: 0

      SCO could have just as easily inserted them in their code at the time because it was easier than developing it themselves. Or perhaps they inserted the code intentionally so that later they could say "See? It's the same." Or maybe SCO contributed the code to their Linux distribution?

      Or perhaps you just like making up excuses for stealing, eh fanboy?

    62. Re:Translation of "symbol" section: by XO · · Score: 1

      What the Hell is "7th Edition Unix" anyway?

      Is that a reference to Unix System V Release 7?

      I thought it stopped at SysV R 3 ?

      --
      "Champagne for my real friends - and real pain for my sham friends!" http://ericblade.postalboard.com/
    63. Re:Translation of "symbol" section: by lynx_user_abroad · · Score: 1
      Face it. There is stolen code in Linux. How much and how severe the value of the theft is to be determined but that there was theft is almost certain.

      You must realize, surely, that this entire paragraph of your post was copied verbatim from other pages on the internet?

      --

      The thing about things we don't know is we often don't know we don't know them.

    64. Re:Translation of "symbol" section: by Zaak · · Score: 1

      Face it. There is stolen code in Linux. How much and how severe the value of the theft is to be determined but that there was theft is almost certain.

      Did you believe this before SCO claimed it? If so, who did you tell? If not, how did SCO convince you? Or did SCO just buy you?

      As others have said, where's the evidence? The answer is, there is no evidence. This is a pump and dump scheme to allow SCO executives to get rid of their stock then ditch the company. And they're doing it on the backs of all those who have contributed time and effort to making Linux available for everyone to use.

      How much did they pay you? Was it a one-time deal or do they send you a check every time you parrot their company line in a public forum?

      Just curious.

      TTFN

    65. Re:Translation of "symbol" section: by Ian+Lance+Taylor · · Score: 1

      Every Linux release since the IBM code was included is now stolen property and cannot be sold or distributed

      This is not necessarily the case. SCO is suing IBM on the basis of contract violation for code developed by Sequent. SCO claims that their contract with Sequent says that Sequent must treat work which is derivative of Unix as confidentially as they treat Unix itself.

      When IBM donated the code to Linux, they may have violated that contract. However, it does not follow that SCO now owns the code. After all, the code was written by Sequent.

      Therefore, it is possible that IBM will lose the case, but that SCO will still not have any rights to the code in Linux. IBM will be liable for damages for violating the contract, but there won't be any effect on Linux.

      Or of course it would work in other ways--IBM could win, or SCO could wind up owning IP rights to Linux even though they didn't write the code which IBM contributed. My point is that most of your assumptions don't follow directly from IBM losing the case.

    66. Re:Translation of "symbol" section: by Anonymous Coward · · Score: 4, Informative

      Actually, it's not.

      The article says Caldera released V7 under the BSD license. That makes it free software but not public domain.

      At any rate, it *does* mean that SCO's claims are groubdless.

    67. Re:Translation of "symbol" section: by Rosonowski · · Score: 1

      You have to keep in mind the charachter set. It also would include about 254 other charachters, so rot-255.

      I think.

      --
      01101001 01100001 01101101 01101110 01101111 01110100 01100001 01101100 01100001 01110111 01111001 01100101 01110010
    68. Re:Translation of "symbol" section: by Anonymous Coward · · Score: 0

      They don't ever plan on telling what the infringing code is! If they did (assuming there is actually infringing code)...it would get removed so damn fast, their heads would spin! Then, there goes all that free money they could be extorting from the Linux community! They are probably planning to go to their graves (where's a lightening bolt when you need one?) with this lie...

    69. Re:Translation of "symbol" section: by justsomebody · · Score: 1

      Face it. Your COMMENT is based on nothing.

      It's a long published BSD'ed code. And I'm still wainting for a real PROOF and by the way. You really must HATE Linux as shown in your comment.

      P.S. A resonable human would describe you as rocket scientist.

      P.P.S. Read facts before you post, IT HELPS

      --
      Signature Pro version 1.13.2-3 release 83.5 beta3try7 after-breakfast edition
    70. Re:Translation of "symbol" section: by Anonymous Coward · · Score: 0
      If that code originated in Linux first, SCO is out of luck.

      Actually by using this code which is released under the GPL, the SCO OS becomes tainted by the GPL. In english, if it is proven that the SCO OS contains GPL code, SCO is REQUIRED to release their OS under the GPL! Even if they remove the offending code from their OS they are required to provide anyone who bought their OS with the source code to the OS during the period that they were tainted.It is the possible to seek an injunction of ALL sales of SCO OS until they comply.

      The best defense is a good offence. I think the community who have a spare SCO unix licence should request, via their lawyer, a complete copy of SCO UNIX since it contains GPL code. Follow up with a request to the courts for an injunction until they remove said offending code. I would even use the posted code a proof that SCO is in violation.

    71. Re:Translation of "symbol" section: by johnnyb · · Score: 1

      I actually think SCO is using the publicity to refine their case. They will only take to court the parts that don't send the people in the room into a roar of laughter.

    72. Re:Translation of "symbol" section: by Li0n · · Score: 1

      "And I'm sure that as soon as SCO acts reasonably and friggin' tells the world what sections of code they have a beef with, that's exactly what will happen regardless of whether SCO's claims are valid or not."

      The problem is that doing so would interfere with their plans of making big bucks on the stock market.

      --

      ~
      ~
      :wq
    73. Re:Translation of "symbol" section: by WNight · · Score: 2, Insightful

      They're claiming there's stolen code, but they aren't showing it to anyone. So we're supposed to look at the old, perhaps PD code, which wasn't stolen and pretend that it's really stolen code? What?!

      How about this... You don't write 890k lines of code all of which is a trade secret. C is a pretty wordy language compared to Perl, so some of that is going to be linked list implementation, or array manipulation. You know, code that while it might be part of something big, isn't secret. Just as Nuclear reactors are big and scary and contain secret parts, they've also got $.50 washers on the taps in the bathroom. Take a section of that mundane code and show us how Linux contains an exact copy of it. Trade secret protection only applies to things which could reasonable be thought of as not being known by other professionals in the industry, so a linked list handler would never get that protection unless it was special in some way. (And nobody, to my knowledge, has ever commented on how the Linux kernel has exceptional linked list handling...)

      Show us some code. That they are unwilling to find at least one ten-line chunk of code in the 890,000 they claim is stolen, that doesn't contain what they think of as the crown jewels either means their code is absolutely stunning, or that they're full of shit.

      Personally, I'm voting they're full of shit. If they had a case, they'd present at least bits of it. It'd up their stock price and who knows, maybe even force IBM to settle if their (IBM's) shareholders didn't think their chances were good. But instead they don't show anything except, under NDA, some similar comments....

    74. Re:Translation of "symbol" section: by arth1 · · Score: 5, Insightful
      I wrote:
      Now will the REAL copyright holder please stand up?


      On further investigation, it appears the author is none other than Ken Thompson. See V5/usr/sys/ken/malloc.c.html for further details.

      Of course, Ken might have lifted this from even earlier sources.

      Regards,
      --
      *Art
    75. Re:Translation of "symbol" section: by rossifer · · Score: 1

      Of course stealing comments is IP infringement.

      That can be true, except that neither the comments or the code in this case were stolen. Caldera released this code under the BSD license and AT&T before them allowed multiple books to publish this exact code (including comments) without restriction. This stuff is as close to public domain as it can get while still retaining an attribution requirement.

      Now, if you think all 890,000 lines of code they cited in just one instance were comments, continue to live in that dreamworld.

      If you think that asserted infringement of IBM's RCU and NUMA contribution has anything to do with this snippet of Sys7 source code released by Caldera under the BSD license, you're the one clearly living in a dreamworld.

      This example wouldn't stand up to 60 seconds of examination in court. The ownership of RCU and NUMA (the 890,000 lines you're referring to) will be determined in due time and it's likely that the same thing will happen to SCO as happened to AT&T, only faster.

      Only the most blind advocate would suspect that somebody wrote new code in a black box and then stole comments that coincidentally happened to match correctly.

      RTFA. Nobody is making that assertion. All we're asserting is that even if it wasn't public domain twenty five years ago when it was originally published, it is legal to use this particular code under the more recent BSD license from Caldera (we'll need to correct the attribution, though).

      Face it. There is stolen code in Linux.

      Wanna provide some evidence for that assertion? So far, SCO hasn't managed to come up with even one line of stolen code. It's likely that this is their biggest gun since they're only likely to want to show off the most compelling example in their first presentation. But the "best they've got" is code that they publically licensed years ago and has a 50/50 chance of being ruled in the public domain decades before that.

      Next.

      A reasonable advocate would be working on a method to right now to find coders who have NEVER seen either the SCO code, the licensed IBM code or the stolen Linux code and begin a process of writing true black-box replacements.

      Actually, that's not how copyright tends to work. And I have a feeling we (the open source community) will wait for the judgement in the RedHat case. That one is coming fairly quickly compared to the IBM case and RedHat is asking for a judgement of non-infringement. When they get it (because SCO won't have anything to counter the claim), the Linux kernel is completely off the hook.

      Look, it's quite possible that you're not trolling and that you 1) didn't read the article, 2) have a seriously misinformed view of how copyright laws work, and 3) don't have a very practical approach to problem solving. If so, I'd suggest that you just keep quiet next time. Remember that it is better to be quiet and be thought a fool than to open your mouth and remove all doubt -- Mark Twain (para).

      Regards,
      Ross

    76. Re:Translation of "symbol" section: by wkitchen · · Score: 2, Informative

      Be careful. Given the dirtiness of SCO's claims and tactics so far, I can't help wondering if SCO may have put the greeked comments on the slide to bait a trap aimed at giving them some ammo against their detractors.

      It's already pretty well demonstrated that the non-greeked comments are free of copyright infringement, but what if the greeked comments are in fact unique to their code? So, though there wasn't any copyright infringement before, by ungreeking and posting those comments, there is now. Thus tainting Slashdot and other geekish news sources, numerous individuals, and of course, the minds of many developers. And they may even be able to claim a DMCA violation in having their copy protection scheme "cracked". Sure, as copy protection it approaches the ultimate in lameness, but remember that didn't prevent the misery inflicted on Dmitri Skylarov.

      Deliberate entrapment? Certainly. But they have a much bigger legal budget than I, and quite likely you, could ever hope to afford.

    77. Re:Translation of "symbol" section: by Tokerat · · Score: 1, Interesting


      Show me something stolen.

      SCO is aleging trade secret voilation. All this nonsense about stolen code being in the kernel is bullshit, they made no mention of that in their suit against IBM. They are simply implying that we have no right to use code that was freely released before they where ever suckered into buying the rights for it (and it's not even clear that they did actually buy the rights), and calling it "theft".

      It's bullshit. It will not stand, and that's easy to see.

      --
      CAn'T CompreHend SARcaSm?
    78. Re:Translation of "symbol" section: by FatRatBastard · · Score: 5, Insightful

      And you really think that every user of Linux, every vendor and every company should bet that all 890,000+ lines of code come from 1979 or earlier? Do you really think UNIX Version 7 in 1979 had a NUMA implementation?

      And has SysV or any version of UnixWare / OpenUnix had a NUMA implementation? As far as I know the answer to that question is a big, fat *no*. This seems to be the crux of the SCO headfake: It isnt' SCO code to begin with. Apparently, most (all?) of the code in question is IBM's (by SCO's own admission). If IBM submitted it to the Linux kernel it isn't exactly "stolen" since its hard to steal something that was given to you.

      Of course, SCO doesn't frame it in those terms. They *may* have licensing rights over certain code assuming that a) the code in questions is deemed by a court to be derivitive of SysV code and b) the licence IBM and AT&T signed governing the SysV code is binding (in the way SCO claims it is), but the NUMA, RCP, etc. implementations are most certainly not their code.

      *If* there actual SysV code found in Linux (that is copyrighted SCO/AT&T/Whoever) in Linux then they still have a bunch of problems. 1st being they seem to have released all the old legacy stuff under a BSD license, not to mention the whole AT&T vs. BSD which pretty much kills any of their claims.

      To sum up: if its old code chance are SCO has no claim to it due to the AT&T case and the fact they BSD'ed a lot of stuff. If its new code chances are its not SCOs to begin with.

    79. Re:Translation of "symbol" section: by ealar+dlanvuli · · Score: 1

      If a bank robber buys some groceries from me with stolen money, I have no obligation to refund the bank.

      --
      I live in a giant bucket.
    80. Re:Translation of "symbol" section: by WNight · · Score: 1

      And here's proof of that.

      Look halfway down the page for The Version 6 Unix kernel (1976), which links to code containing the comment shown.

      That pretty much means there's zero trade-secret protection on it.

    81. Re:Translation of "symbol" section: by tuffy · · Score: 2, Insightful
      Actually by using this code which is released under the GPL, the SCO OS becomes tainted by the GPL. In english, if it is proven that the SCO OS contains GPL code, SCO is REQUIRED to release their OS under the GPL! Even if they remove the offending code from their OS they are required to provide anyone who bought their OS with the source code to the OS during the period that they were tainted.It is the possible to seek an injunction of ALL sales of SCO OS until they comply.

      That's not quite right either. If GPLed code winds up in a proprietary system, the copyright holder of the GPLed code is entitled to damages no matter what. And, as a remedy, the proprietary owner can either excise the offending, non-licensed GPLed code or make the entire system GPLed to fit in line with the license. The option rests with the owner of the proprietary code.

      This is the inverse of what's happening in Linux kernel land. If (and this is a pretty big "if") SCO's proprietary code is in the Linux kernel, either all the kernel copyright holders have to agree to make it proprietary to fit with SCO's license (not likely) or the offending code must be removed from the GPLed system. The latter would be certain, if SCO would bother telling what the *real* offending code is.

      --

      Ita erat quando hic adveni.

    82. Re:Translation of "symbol" section: by rossifer · · Score: 2, Informative

      Yeah, but why bother? Risk analysis includes two factors, the impact if the risk occurs and the chance of occuring.

      Given SCO's first and best shot at showing copyright infringement (the subject of this article), the risk of them succeeding against RedHat's request for a judgement is between zero and nil.

      Now, it will be interesting to see if IBM's RCU and NUMA contributions are attached by Sequent's AT&T license (this is the 890k lines of code that SCO is squawking about). Personally, I estimate the chances of this happening between 2% and 5%, (largely because 1) the AT&T ownership claim is weak (remember the BSDI case?), 2) the AT&T contract is likely to be seriously weakened by the first ruling on it, 3) IBM already negotiated a much more relaxed contract, and finally 4) IBM claims that they rewrote the RCU and NUMA code for Linux and did not copy it directly from the Sequent mainframe sources).

      So given that SCO has a very low probability of succeeding in their claim and that the only things affected by the claims are performance improvements for SMP systems, this risk is a non-starter. Nobody is going to mobilize developers to "fix" this until something actually needs fixing.

      Customers are not liable for the sins of the vendor and people currently using Linux have no need of permission from SCO or anyone else to continue using Linux as the OS of their systems. There is no emergency, there is no need for panicked reactions.

      Regards,
      Ross

    83. Re:Translation of "symbol" section: by Anonymous Coward · · Score: 0

      Careful... even crappy encryption is sufficient for DMCA attacks if it is used as copy protection.

    84. Re:Translation of "symbol" section: by Daniel+Phillips · · Score: 1

      The courts will almost always grant injunctive relief for the duration of the trial if there is any reasonable evidence that there is any merit to the claim.

      My layman's understanding is that judges grant preliminary injunctions only when they think the complainant has a high probability of winning their case.

      I don't think anybody should take legal advice from you ;-)

      --
      Have you got your LWN subscription yet?
    85. Re:Translation of "symbol" section: by terrymr · · Score: 1

      Actually, the courts would probably deny the preliminary injunction on the grounds that any harm that is proven can be remedied by imposing a license fee. This is what happened in the recent Microsoft browser case.

      SCO would only be entitled to a preliminary injuction if they could show irreperable harm that would continue if an injuction weren't issued. Bascialy irreperable harm is something that can't be fixed by money.

    86. Re:Translation of "symbol" section: by dnoyeb · · Score: 1

      BSD has little to do with the freedom to use UNIX 7. Only closed source UNIXes are UNIX III and UNIX SysV.

      I may have my trade marks off a bit, but the 7 is public domain.

    87. Re:Translation of "symbol" section: by ichimunki · · Score: 1

      Hmmm. So, in other words, you don't actually know what you're talking about and you're making this up as you go along?

      --
      I do not have a signature
    88. Re:Translation of "symbol" section: by terrymr · · Score: 1

      I think this refers to "Unix timesharing system 7th edition" from 1979.

    89. Re:Translation of "symbol" section: by commodoresloat · · Score: 1
      Not according to the judge in the BSD case. He ruled that comments were not part of the source code.

      To be fair, that doesn't mean stealing them isn't IP infringement. If you write a brilliant poem in the comments of your code you don't lose IP interest in it. But that's not what we're talking about here. None of those comments have anything worth protecting as IP in them. The only reason for showing they are the same would be as a convenient pointer to potentially stolen code. Nobody here should be disputing that it is the code, not the comments, that are at issue.

    90. Re:Translation of "symbol" section: by xigxag · · Score: 1

      In Sun v Microsoft, the injunction was granted against a defendant in the case. Who would the SCO injunction enjoin? Reasonably only IBM. With SuSE, Redhat, and innumerable small Linux vendors afoot, and very willing and able to distribute Linux, an injuction only vs. IBM would have little impact on SCO's bottom line.

      However, I could see that pissing of IBM majorly. They'd probably have to really take off the kid gloves at that point.

      So mebbe ve should velcome zees how-do-u-say een-jank-shan?

      --
      There are two kinds of people: 1) those who start arrays with one and 1) those who start them with zero.
    91. Re:Translation of "symbol" section: by Anonymous Coward · · Score: 0

      Not only that, but the community proved hat SCO's claims are reckless and without merrit. I can't wait until the class action lawsuits against SCO starts rolling in.

      Better get a judge to impound the cash that SCO has so businesses damaged by SCO can get compensated.

    92. Re:Translation of "symbol" section: by Anonymous Coward · · Score: 1, Informative

      > Of course, Ken might have lifted this from even earlier sources.

      Unlikely - since the code was writen in 1973, that places it just about at the dawn of the C language. At that point there probably wasn't anyone outside Bell Labs writing C code.

      (Which is why this trivial allocator function was used as an example of C programming technique so widely - to say it's a trade secret is laughable)

    93. Re:Translation of "symbol" section: by KevCo · · Score: 0, Troll

      Sure I do, because I read the article.

    94. Re:Translation of "symbol" section: by Kythe · · Score: 1

      I'm guessing someone has a monetary interest in the outcome...

      Anyway, consider the likelihood of picking "just one example of many" to show at a conference that turns out, with a tiny bit of research, to be completely bogus. It seems to me that the chances are good most of SCO's alleged examples are similarly groundless.

      --

      Kythe
    95. Re:Translation of "symbol" section: by Kythe · · Score: 1

      I see. So you can tell us, then, who stole what from whom, or whether all of SCO's "examples" are similary bogus?

      You should be very popular...

      --

      Kythe
    96. Re:Translation of "symbol" section: by DavidTC · · Score: 1
      In fact, this exact thing happened to Unix before, when AT&T sued BSD, and AT&T ended up having to pay damages, because their Unix had a lot more BSD code than BSD have AT&T code.

      I think the legal system would look poorly on the new owners of System V pulling this sort of nonsense again, suing someone for code they themselves mis-appropriated.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    97. Re:Translation of "symbol" section: by Anonymous Coward · · Score: 0

      All these supposedely 'Linux kernel hackers' are nothing but copy-cats. The mimic, they clone and they copy without giving a bloody damn about the consequences. Now it's time to pay and give back!

      Hackers my ass. More sounds like 'Linux celebrity wannabes', who don't even have the dignity to write their own code.

    98. Re:Translation of "symbol" section: by nuser · · Score: 1
      Users who purchased stolen versions have the right to sue the distributor for damages
      All copies of Linux in use that include the stolen code must either be licensed or destroyed including those in use
      Anyone continuing to use a more recent Linux release that contains the stolen code is now subject to separate charges and penalties
      The Linux dev tree is reset under court order to the point prior to violation
      The court will impose a code review and check-in process that makes violations of this kind less likely

      I doubt all this is true in the US, it most certainly isn't in other parts of the world.
      Consider Germany where SCO dropped their claim immediately on challenge. They may have some claim against IBM, however this seems unlikely, as it would be one horrendous howler on IBM's part.

    99. Re:Translation of "symbol" section: by Anonymous Coward · · Score: 0

      Who the fuck are you? Why the fuck should they show the code to your majesty? They don't need to show you any code. They will display it in court. Clever ones will go an obtain the SCO license right now. At the end, OSS is all about cloning, copying and free-riding. Everybody knows that, come on! You copied code to widespread Linux, and now you will be paying the royalties. Stick that up your fucking mind. And it's not about the # of lines. It's about unlawfully muscling out other OSes by infringing IP.

    100. Re:Translation of "symbol" section: by Alsee · · Score: 1

      Face it. There is stolen code in Linux.

      SCO's sample appears to be perfectly legitimate BSD licenced code/comments.

      If and when SCO ever actually shows that any infringement has occured we can move on to your comment:

      A reasonable advocate would be working on a method to right now to find coders who have NEVER seen either the SCO code, the licensed IBM code or the stolen Linux code and begin a process of writing true black-box replacements.

      I am a programmer. I have never seen any SCO code/comments other than the apparantly bogus sample linked today. I have never seen the code licenced to IBM. I have only seen about two pieces of linux code (I read some MD5 code, but as far as I know SCO has made no claim on that).

      I have been quite tempted to switch to Linux for some time now. I'd be more than willing to write "true black-box replacements".

      But thus far there is absolutely nothing for me or anyone else to do. SCO has made no specific infringement claims, much less backed up those claims. SCO themselves are being unclear if they are even making any infringment claims at all. They appear to have fallen back to purely contract claims against IBM. This SCO suit is nothing but comical so far. The few peices of "evidence" that have "escaped" to the public have all been demolished. There are more holes in SCO's comments than you can shake a stick at. Each SCO statement is more absurd than the last, especially the explanation they gave of the GPL being invalid. That was a total hoot.

      SCO's comical claim that the GPL is invalid: Federal law grants everbody the right to make a single copy. The GPL (and many other licences) grant people additional rights. That is exactly what a licence is and does - it grants you additional rights. SCO is trying to claim that federal law somehow forbids the copyright holder from granting people those rights. That's just silly. The copyright holder is free to grant any and all rights he has to anyone and everyone.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    101. Re:Translation of "symbol" section: by dipipanone · · Score: 1

      All these supposedely 'Linux kernel hackers' are nothing but copy-cats.

      Absolutely. And the fact that this code:

      a.) a driver, rather than part of the kernel, and
      b.) was written by SGI, an organization that produces closed source software

      shows that your astute observation is bang on the nail.

    102. Re:Translation of "symbol" section: by Kringle · · Score: 1

      The IBM contract issue isn't cut and dried to be sure, but I'm much more concerned with SCO's strategy of attacking the GPL.

      If they are successful, the repercussions would be quite horrible... SCO will have done a huge amount of damage to the intellectual property status of open source software, all to make a few hundred million dollars. It seems like a lot of money for SCO, but it's almost nothing against the value of what they might destroy.

      There's a very funny Flash cartoon illustrative of this point at justinshearer.com.

    103. Re:Translation of "symbol" section: by csbruce · · Score: 2, Insightful

      If I copied just the notes in the margins of one of davinci's notebooks into the margins of my copy of 'stranger in a strange land 2: a parody by me' would that be infringement? Is SCO's claim really this weak

      You can copy da Vinci as much as you'd like; unfortunately for his heirs, he lived in a time before perpetual copyright (or copyright at all?). I guess he was too busy creating stuff than to have time to grease the politicians.

      As for SCO, we can assume that what they showed probably is their strongest claim on direct copyright on Linux, since they would put their strongest simple case forward to show copying. We can also assume that there are only 80 to a few hundred lines of code that they are making these weak claims upon. Since Caldera apparently BSD'd their code just last year, the extent of the copyright infringement, if there is any, is that Caldera isn't mentioned in the copyright notice.

      But, the judge in the USL v. BSDI case was quite unimpressed with the importance of comments in the code, realizing that they are not important in a functional sense, and unimpressed that only a small smattering of code was the same in BSD which had I don't know how many hundreds of thousands or millions of lines.

      Also, as is discussed elsewhere, the sample that they show appears to have a long and tortured past and has been published in text books many times. And trade secrets contained therein have surely been lost, if not the copyright itself.

      SCOs hundreds-of-thousands and millions of lines of code theories are not based on direct copying but are based instead on their theory that they own every line of code ever written by any licensor of the original Unix. This theory is even more wobbly than their claims to be the exclusive owners of the tiny fragments of insignificant code that they claim have been directly copied.

    104. Re:Translation of "symbol" section: by fuerstma · · Score: 1

      An interesting occurance in our Courts recently is the SpikeTV/TNN thing... the judge there was willing to put the injunction against TNN changing their name to SpikeTV, but requried Spike Lee to put up a multi-million dollar bond to compensate TNN if it turned out Mr. Lee was complaining for the sake of complaining (AKA he lost miserably). The millions would help compensate TNN.

      SCO might be able to get some sort of injunction, but imagine the bond they might have to put up if they are wrong! The revenues of every Linux company in the world?

      --
      www.jackasscritics.com
    105. Re:Translation of "symbol" section: by unclethursday · · Score: 2, Insightful
      At the end, OSS is all about cloning, copying and free-riding.

      So is Windows. Microsoft has copied, cloned, and outright stolen code/programs for years on end. And they're a proprietary software developer (closed source).

      Thursdae

    106. Re:Translation of "symbol" section: by Anonymous Coward · · Score: 0
      Probably, but not for sure. If you sign an NDA, see my trade secrets, then blab, it doesn't mean my secrets lose their protection. My making you sign an NDA is likely going to be seen as taking adequate precautions. That's why everyone signs NDAs all the time.

      Actually, I think you're wrong there. One of the prerequisites for trade secret protection is that it be a secret. If I sign the NDA, and then blab it to the world, it's no longer a secret. I have broken trade secret law, and I'll be on the losing end of a court case, but the secret is out and you get no more protection.

      One of the SCO articles talked about that little bit.

      I have to agree about anything Unix probably not being trade secret anymore. Certainly not if there's over 1 million lines of it in the Linux kernel for all to see.

    107. Re:Translation of "symbol" section: by Anonymous Coward · · Score: 0

      Actually, this may not be that bad of an idea... We should fully document all the interfaces and then reimplement sections over time to eliminate any possiblity of such code crossing over into Linux for any length of time. There are probably a lot of optimizations for speed and size and reliablity that could be made as well.

    108. Re:Translation of "symbol" section: by Anonymous Coward · · Score: 0

      You are ignorant of both civil and criminal laws pertaining to this issue. You have proven that over and over again by the misuse of the word "stolen". You've had your ass handed to you several times, and yet you still can't make a single comment without being either grossly erroneous or just an ordinary astroturfing liar.

    109. Re:Translation of "symbol" section: by Reziac · · Score: 2, Interesting

      Even if I hadn't read back thru all the code snippets linked back to 1973, which makes it flamingly obvious SCO is full if it...

      Speaking not as a coder but as an editor, it looks to me like the SCO code comment is the *newest*, because it contains a unique added line ("the swap unit is 512 bytes"). You don't remove informative comments, right? You add to them over time.

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    110. Re:Translation of "symbol" section: by Anonymous Coward · · Score: 0

      Hey AC, maybe you can answer a question. Is is true that SCO shills get to fuck McBride's wife?

    111. Re:Translation of "symbol" section: by JanneM · · Score: 1

      _If_ they would attack GPL, and if they had a better argument than "copyright law outlaws more than one copy no matter what the license", and if they prevailed, then yes, things would be messy.

      But observe that all this talk - whether claims that they have IP in the kernel, or that GPL is not a valid license - have been just verbal spouting from McBride and his associates (I tactfully refrain from making an observation on the probably body orifice from which this runny flood of crap should come from). There is no lawsuit alleging either. Let me reiterate: They have not claimed this anywhere except in the media.

      This does look suspiciously like a way to simply talk up the stock price, and to send up smokescreens to take focus away from the contract dispute that they _do_ have with IBM.

      --
      Trust the Computer. The Computer is your friend.
    112. Re:Translation of "symbol" section: by Alsee · · Score: 5, Informative

      Show me a case where you are allowed to keep stolen goods

      Ah. You're apparently one of those people that thinks information is property and has absoutely no understanding of the LEGAL difference between copyright infringment and theft. Copyright infringement does not create any sort of "stolen goods" that need to be returned to the owner. The copyright holder is compensated with damages from the person who committed infringment, end of story.

      Of course I expect you to go on a rant about how I'm "wrong", but I suggest you go argue with the US Supreme court:

      "the rights of a copyright holder are `different' from the rights of owners of other kinds of property"

      "the copyright holder owns only a bundle of intangible rights which can be infringed, but not stolen or converted"

      "It follows that interference with copyright does not easily equate with theft, conversion or fraud. The Copyright Act even employs a separate term of art to define one who misappropriates a copyright: 'Anyone who violates any of the exclusive rights of the copyright owner,' that is, anyone who trespasses into his exclusive domain by using or authorizing the use of the copyrighted work in one of the five ways set forth in the statute, 'is an infringer of the copyright.'"

      The US supreme court states that you CANNOT carry over "theft" concepts to a copyright infringement case. The US supreme court specificly specificly rejected the claim that infringing copies "involved stolen goods". See Dowling vs. United States.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    113. Re:Translation of "symbol" section: by Godeke · · Score: 1

      This code is from sys/sys/malloc.c in V7 Unix. It has been widely published; among other things, it can be found in Lion's Commentary on Unix (if you can get a copy). It featured in this 1984 Usenet posting. And, crucially, it has been circulated with the V7 Unix source, which was released by Caldera (now the SCO Group) under the BSD license. SCO would like the world to forget about that release now, but the Wayback Machine remembers.


      So how Linux does using BSD licensed code give SCO rights to anything? I would assume the example they would choose would be a strong example of infringment, that people would research and go "good god man, they were right!" Instead they pull out code that is under a license even more permissive than the GPL. Good going guys! Send me an invoice, I'll buy now!
      --
      Sig under construction since 1998.
    114. Re:Translation of "symbol" section: by Compuser · · Score: 1

      Well, kinda. The license is "BSD"-like and does
      have a clause whereby caldera copyright has to be
      included in the code and moreover, binary distros
      have to include caldera copyright notice in the
      documentation. This means:
      a. SCO lawsuit is bullshit because failure to
      comply with those terms cannot have resulted in
      any substantial damages.
      b. There is/was SCO code in the kernel and it is/was
      under a GPL-incompatible license.
      therefore
      c. SCO's accusations that Linux kernel patch
      aproval process is full of holes seems to be
      at least somewhat correct.
      Lastly
      d. This particular example seems to have nothing
      to do with IBM whatsoever.

    115. Re:Translation of "symbol" section: by Tom7 · · Score: 1

      Copying comments would certainly be infringement if the expression is significant enough to qualify for copyright protection (which is likely). But anyway, I think they are implying that the code that follows is also copied.

    116. Re:Translation of "symbol" section: by Anonymous Coward · · Score: 0

      BMFH strikes again.

    117. Re:Translation of "symbol" section: by Mr+Z · · Score: 1

      No, but if a thief sells you a stolen VCR for $20, you're obligated to return the VCR to its rightful owner, even if you were unaware that it was stolen property when you purchased it.

      And good luck getting your $20 back from the crack dealer.

      --Joe
    118. Re:Translation of "symbol" section: by DavidTC · · Score: 1
      Screw published in books, SCO just published it during a public presentation.

      And, no, writing them in a wacky font is not a useful way to protect trade secrets.

      --
      If corporations are people, aren't stockholders guilty of slavery?
    119. Re:Translation of "symbol" section: by ealar+dlanvuli · · Score: 1

      A thief sells me a stollen VCR in a clean electronics store. I have no possible reason to suspect it is stolen. It has a serial number w/o a single scratch mark on it.

      I have no obligation to return it.

      --
      I live in a giant bucket.
    120. Re:Translation of "symbol" section: by El · · Score: 1
      Face it. There is stolen code in Linux.

      Yes, but as near as we can tell, it's all "stolen" from BSD!

      --

      "Freedom means freedom for everybody" -- Dick Cheney

    121. Re:Translation of "symbol" section: by mausmalone · · Score: 1

      Actually, SCO has to to quite a bit more than that. Since they're suing IBM for showing their IP to third parties by including in Linux, they have to show that (A) it's their IP, (B) it's been shown to Linux developer, and (C) IBM was the party responsible.

      There's been reports that the code in question was widely available on the internet and through various published paper sources. All IBM has to do to win this suit is show that there are other places to get this code (numerous other places), and therefore it's reasonably likely that Linux developers read the questioned code from some other source.

      SCO has no real chance against IBM if this is truly the code in question. And once IBM humiliates them, SCO won't have the credibility to extort any money from anyone else for this.

      --
      -=-=-=-=-=
      I'd rather be flamed than ignored.
    122. Re:Translation of "symbol" section: by spektr · · Score: 1

      Not fair! You're using the FUD-master's phrases!

    123. Re:Translation of "symbol" section: by SmackCrackandPot · · Score: 1

      From the following link to rootprompt

      GNU/Linux might be free of SCO threats. SCO's Blake Stowell admits to MozillaQuest Magazine (mozillaquest.com) that SCO-Caldera does not own the copyrights to JFS (Journaling File System), RCU (Read, Copy, and Update), NUMA (Non-uniform Memory Access) software, and other IBM-developed AIX code that IBM contributed to the Linux kernel. That could make it very difficult for SCO-Caldera to pursue its threatened copyright infringement claims against GNU/Linux users who refuse to buy SCO UnixWare licenses in order to run the GNU/Linux operating system. The SCO v IBM lawsuit is about breach of contract and other tort claims. It is not about copyright infringement. Those issues remain in dispute.

      The full story was discussed in MozillaQuest back in July.

    124. Re:Translation of "symbol" section: by Patrik+Nordebo · · Score: 1

      IBM might get slapped with an order to clean up their act, but every kernel developer (or even Linus)? SCO has yet to sue them, and I doubt a court can just arbitrarily slap someone not involved in a suit with penalties. Of course the US legal system could be considerably crazier than I believe it is, but I doubt it.

    125. Re:Translation of "symbol" section: by Pharmboy · · Score: 1

      SCO can't possibly order an injunction against the entire kernel because most (all?) of it isn't copyrighted by them. SCO could probably order an injunction against certain bits of contested code, but it would have to tell what they are in order for that to be granted. And besides, stopping the shipment of a Linux kernel would hurt SCO's FUD-based revenue stream and injure their long-term prospects even more.

      The idea that a judge could be numbminded enough to actually order an injunction against the entire 2.4+ tree is almost funny. Hell, it is funny. Considering a huge chunk of the internet currently uses 2.4, even shutting down for long enough to backgrade to a 2.2 kernel....omg, too funny.... not even considering all the firmwear that would have to be upgraded instantly. This goes beyond millions of machines. I seriously doubt you could use your ATM, phones in some places, and certainly not the internet.

      "Ok everyone: Effective at midnight, every 2.4 kernel must be shut down. This means every router, server, Tivo or whatever that uses 2.4+ kernels. We hope this doesn't cause an inconvenience."

      Yea, what we should do is convince everyone to COMPLY for 24 hours, if this is ordered. And after the townfolk march in with pitchforks and run this judge out on a rail, we can reboot the servers. You might as well have an injunction on driving a car.

      --
      Tequila: It's not just for breakfast anymore!
    126. Re:Translation of "symbol" section: by Mr+Z · · Score: 1

      I found at least one example quickly that begs to differ. Take a look at this tasty morsel found therein:

      "[6] Larceny - Pawnbrokers - Conversion of Chattel - Good Faith Acquisition - Effect. In a prosecution of a pawnbroker for failure to restore a chattel to its true owner after an unauthorized pawn, it is immaterial that the pawnbroker obtained the chattel under a claim of title made in good faith."

      Elsewhere, you'll find that good faith acquisition is a mitigating factor in the seriousness of the conversion, but it does not obviate the obligation to return the stolen property.

      Here's another little bit I found on FindLaw:

      Conversion
      The tort of conversion is similar to the tort of trespass to chattel. Both require a defendant to interfere with another's right of possession in personal property. Likewise, a defendant must have intended to exercise control over the property in a manner inconsistent with the owner's rights. It is not required that the defendant know that the property belonged to another. However, for conversion, the interference must be so serious, in terms of duration and extensiveness of use, that it warrants that the defendant pay the personal property's full value.

      In other words, either you give it back in good shape in a reasonable period of time, or you pay the rightful owner for it. So, I guess in one sense, you're right--you don't need to give it back. You are liable to pay for it, though, to the rightful owner. What you paid to the thief that sold it to you is immaterial.

      --Joe
    127. Re:Translation of "symbol" section: by Anonymous Coward · · Score: 0

      Since Darwinism is such an obvious failure, I suggest we seek other explanations for the continued existence of those less fit to survive.

    128. Re:Translation of "symbol" section: by Anonymous Coward · · Score: 0

      hcetSJ wrote:
      "They can't use Symbol font as a substitution cypher!!! I did that in 3rd grade!!! I demand they pay me $699 for each character encrypted with the Symbol Font Substitution Cypher (tm)(R)(c)(MD)(DDS)!!!"

      I sure hope you got permission from "That Greek Guy from 2303 years ago" to use his Upper and Lowercase letters in your Symbol Font Substitution Cypher. :)

      Codifex Maximus

    129. Re:Translation of "symbol" section: by AJWM · · Score: 1

      Of course, Ken might have lifted this from even earlier sources.

      Yeah. It appears under directory "dmr" (Dennis M. Ritchie, perhaps?) in an earlier version (somewhere between 3rd and 4th edition) of the kernel.

      See Nsys/sys/nsys/dmr/malloc.c.html for the listing, and back up from there for the explanation of the "nsys" files. It may well be that this code has been in since the very first C-language version of Unix.

      --
      -- Alastair
    130. Re:Translation of "symbol" section: by Pharmboy · · Score: 1

      Who the fuck are you? Why the fuck should they show the code to your majesty?

      Because they are saying you owe $699 (limited time discount) for each cpu you run linux on, and no court has issued a ruling on the merits of the case. If they had not told every linux user that we must PAY, then I would agree that they don't need to show anything outside of court. But they didn't. So, since they are demanding payment, and are talking of sueing, then they need to put up or shut up. THEY chose to put themselves in a position that other would demand more proof.

      Now go crawl back under your bridge you spineless AC troll.

      --
      Tequila: It's not just for breakfast anymore!
    131. Re:Translation of "symbol" section: by Anonymous Coward · · Score: 0

      If your car is stolen, you receive recompense, and then the car is found after being resold, you have no claim on the car. It happens all the time.

    132. Re:Translation of "symbol" section: by 16K+Ram+Pack · · Score: 1
      So because they showed some god knows how old code that appears to be BSD licensed, the only reason they did that is because they didn't want to give away any IP.

      Considering that they could have thrown away half a dozen of their 70, 800, 9200 or 15,000 googol lines of code* to show an infringement but instead showed something that was freely available to be copied puzzles me. Surely, they want to show a genuine case.

      This proves nothing. SCO should come up with some real evidence or shut up.

      * Whatever today's figure is.

    133. Re:Translation of "symbol" section: by Anonymous Coward · · Score: 1, Interesting

      Face it. There is stolen code in Linux. How much and how severe the value of the theft is to be determined but that there was theft is almost certain.

      This poster is right

      Face it, that has yet to be proven.

      You are wrong.

      Proof: Kernel 2.0.36 has code where the BSD copyright was REMOVED and a GPL inserted. Violation of the copyright.
      Proof: The ATA code taken from BSD.
      Proof: RedHat 5.2. BSD print system. When did RedHat follow clause 4?

    134. Re:Translation of "symbol" section: by os2fan · · Score: 1
      This is a line by line translieration of the symbol font in imh0.jpg.

      *
      * As part of the kernel evolution
      towards modular naming, the
      * functions malloc and mfree are being
      renamed to rmalloc and rmfree
      * Compatibility will be maintained by
      the folowing assembler code:
      * (also see mfree/rmfree below)
      */

      Note the parent has "assembly" for "assembler" in the the line "the following assembler code:".

      As a host who gets kids who come in to her room, and use symbol font, it's pretty straight forward to read this.

      --
      OS/2 - because choice is a terrible thing to waste.
    135. Re:Translation of "symbol" section: by neillewis · · Score: 1

      I've been doing some 'patttern matching' of my own, and would point out these examples of lines which duplicate SCO's valuable IP:

      for(x=0;x<y;x++)

      #include <stdio.h>

      std::cout << "Hello, world!\n";

      int main(int argc, char **argv)

      // aargh this code is terrible

      return 0;

      /*

      }

    136. Re:Translation of "symbol" section: by Kythe · · Score: 1

      Which point, of course is moot, thanks to the fact that the "VCR" in this case was donated by the owner.

      --

      Kythe
    137. Re:Translation of "symbol" section: by Anonymous Coward · · Score: 0

      And who the fuck are you?

    138. Re:Translation of "symbol" section: by Webmonger · · Score: 1

      No, you don't add informative comments if you can help it. Comments get out of date much more easily than program code (out-of-date program code has a sulky way of getting you to fix it). A false, out-of-date comment is worse than nothing.

      Ideally, program code is self-documenting-- small functions with descriptive names, well-chosen variable and type names, etc. Of course, nobody's ideal.

      In this case, you can see that some of the type names (u_long) differ between SCO's version and Linux's version. It's quite possible that the swap map unit in Linux is no longer 512 bytes, or that someone realized that it would likely cease to be 512 bytes in the future.

    139. Re:Translation of "symbol" section: by Anonymous Coward · · Score: 0

      If someone is performing copyright infringement you have to give them a chance to mitigate that damage, if you don't then it will really hurt your court case.

    140. Re:Translation of "symbol" section: by Anonymous Coward · · Score: 0

      Out of curiousity, why is the license GPL-incompatible? As I understand it, the normal BSD license is compatible with the GPL (it's less restrictive), and the restrictions you've mentioned don't sound like they would violate any of the GPL's strictures.

    141. Re:Translation of "symbol" section: by pete-classic · · Score: 1
      I guess he was too busy creating stuff than to have time to grease the politicians.


      I think was too busy trying not to get greased by the politicians to create copyright.

      -Peter
    142. Re:Translation of "symbol" section: by Timex · · Score: 1

      They can't use Symbol font as a substitution cypher!!! I did that in 3rd grade!!! I demand they pay me $699 for each character encrypted with the Symbol Font Substitution Cypher (tm)(R)(c)(MD)(DDS)!!!

      Hm. Let's see... I did that when I learned the Greek alphabet, using phonetic spelling, when I was in 10th grade, which pegs the year at 1982. I was doing it the old fashioned way: with pen and paper!

      The high school I went to had a DEC PDP-11/70 running RSTS/E (version 3, I think), and the personal-sized computers were Apple II+ systems. Neither the Apples nor the DEC were rigged to handle the Greek alphabet, as far as I am aware.

      I'll charge SCO $2500 per character, since UNIX is a multi-user OS, and split it with you... ;)

      --
      When politicians are involved, everyone loses.
    143. Re:Translation of "symbol" section: by Compuser · · Score: 1

      As I understand it the advertising clause is
      GPL incompatible.

    144. Re:Translation of "symbol" section: by prash_n_rao · · Score: 1

      Actually the subject should have been '"Translation" of "symbol" section'. The original matter is in English too... it just seems to be written out in the Greek alphabet.

      --
      This is not my sig.
    145. Re:Translation of "symbol" section: by Anonymous Coward · · Score: 0

      If court finds the code originated in Linux, SCO is SERIOUSLY out of luck. Now the Linux developer who submitted it now sues SCO for all the license fees they've collected on Unixware. 0wnt.

    146. Re:Translation of "symbol" section: by Reziac · · Score: 1

      I know that's one school of thought; another is to comment every line, and update but don't remove comments. This looks like it falls somewhere between.

      But anyway, I was trying to come at this from the direction that a literate juror might, should this soap opera not get thrown out of court right up front. This comment section, if one chains it all the way back, clearly has nothing directly to do with SCO, and anyone can see that (coder or not). If that's their best shot, it went a trifle wide!

      A million infringing lines, indeed. [shaking head}

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    147. Re:Translation of "symbol" section: by Anonymous Coward · · Score: 0

      Yeah, you're right. Caldera is using the old-style BSD-type license, which the FSF says is incompatible with the GPL. The code will have to be removed from the kernel, then...

    148. Re:Translation of "symbol" section: by Monkelectric · · Score: 1
      I have a serious aside to your funny comment. Could this "leaked" code not be some kind of manipulation? Maybe intended to waste the time of red hats / ibm's lawyers by by misdirecting them ?

      The reason I say this -- I can't believe SCO's is this fucking stupid. And they happen to leave us obscured but decodeable text? why not just delete it?

      --

      Religion is a gateway psychosis. -- Dave Foley

    149. Re:Translation of "symbol" section: by Yenya · · Score: 1
      And has SysV or any version of UnixWare / OpenUnix had a NUMA implementation?

      Of course no, but I think in this case SCO is referring to the Project Monterrey, which was an attempt to build UNIX for the ia64 platform. Both IBM and SCO participated in this project, and nobody knows what their legal agreements concerning this project were. So SCO actually may have some valid argument against IBM (but not against Linux, of course).

      --
      -Yenya
      --
      While Linux is larger than Emacs, at least Linux has the excuse that it has to be. --Linus
    150. Re:Translation of "symbol" section: by John+Allsup · · Score: 1

      *If* there actual SysV code found in Linux (that is copyrighted SCO/AT&T/Whoever) in Linux then they still have a bunch of problems.

      Another problem being that, in cases such as these (as I understand anyhow), SCO must first try to get the copyright problems sorted out before going to court. Not telling the defendants which bits of code are the ones that they are claiming as their own, hoping to spring it on the defendants unawars in the middle of the trial, undermines this. (Basically, the defendants, especially a Linux user/using company, could well say to the court that they'd like to take action to resolve the problem by removing the affected code and getting replacements written asap, but SCO is not cooperating, hoping to get inflated damages through litigation.)
      --
      John_Chalisque
    151. Re:Translation of "symbol" section: by Anonymous Coward · · Score: 0

      Didn't your momma ever tell you that two wrongs don't make a right?

  4. SCO Text translated for the lazy by limited · · Score: 1, Redundant

    /*As part of the kernel evolution
    *toward modular naming, the
    *funxtions malloc and mfree are being
    renamed to rmalloc and rmfree.
    *Compatibility will be maintained by
    the following assembler code:
    *(also see mfree/rmfree below)
    */

  5. Location in Sys 7 by Anonymous Coward · · Score: 4, Informative
    1. Re:Location in Sys 7 by albalbo · · Score: 5, Interesting

      Both snippets relate to the first function in that file - malloc(). It's a simple malloc implementation.

      The second Heise picture is the body of the function, pretty much. There is now an SMP spinlock in there, and what appears to be some assertion on the size of the memory area (some kind of bigmem check?). Also, the for loop is initialised with a function, which is probably also something memory related, again possibly bigmem related.

      So, it relates to the areas SCO said it did. I doubt very much they can claim the code was copied from SysV wholesale. I would be surprised they could even claim that the three changed lines from the ancient Unix are not obvious - e.g., for it to work in SMP you basically need a lock. Although, it would be surprising for the locking mechanism to be identical - so they perhaps have some point here. But, the majority of the function cannot be claimed as copied, surely....

      --
      "Elmo knows where you live!" - The Simpsons
    2. Re:Location in Sys 7 by sabat · · Score: 1


      Would this be a violation, then? Isn't all versions of original UNIX what SCO claims it owns?

      --
      I, for one, welcome our new Antichrist overlord.
    3. Re:Location in Sys 7 by EzInKy · · Score: 1

      Would this be a violation, then? Isn't all versions of original UNIX what SCO claims it owns?

      No, Caldera (now known as SCO) open sourced it a couple of years ago.

      --
      Time is what keeps everything from happening all at once.
    4. Re:Location in Sys 7 by Anonymous Coward · · Score: 0

      What's really interesting in the second image the
      code wouldn't even compile how could this be real ?

      eg.

      if (size == 0)
      return )((ulong_t)NULL);

    5. Re:Location in Sys 7 by iamacat · · Score: 1

      It's slashdotted already. Here is the start of usr/sys/sys/malloc.c from the UNIX V7 historic source that SCO was kind enough to release a while ago. Hmm.. the Linux file was contributed by SGI rather than IBM, and they probably copied it from their own sources. But the code itself is publically available and may be in some textbook. So no violation after all?

      /*
      * Allocate 'size' units from the given
      * map. Return the base of the allocated
      * space.
      * In a map, the addresses are increasing and the
      * list is terminated by a 0 size.
      * The core map unit is 64 bytes; the swap map unit
      * is 512 bytes.
      * Algorithm is first-fit.
      */
      malloc(mp, size)
      struct map *mp;
      {
      register unsigned int a;
      register struct map *bp;

    6. Re:Location in Sys 7 by mj01nir · · Score: 1

      If you're talking about the "Ancient UNIX" sources, that was SCO the first, not Caldera. They didn't exactly open source it, although the code is freely available.

      The Ancient UNIX license is here.
      And the code is here.

      --
      the no .sig .sig
    7. Re:Location in Sys 7 by mj01nir · · Score: 1

      Nevermind. Looks like Caldera superceded the SCO license with what amounts to a BSD license:
      http://www.lemis.com/grog/UNIX/

      --
      the no .sig .sig
  6. I'm not the only one who noticed this... by stere0 · · Score: 5, Interesting

    The Gentoo People and an AC the previous SCO thread beat me to it. There's a very interesting discussion over at LWN, in which Bruce Perens points out that Caldera has put that code under a free licence.

    --
    Trollem mirabilem hanc subnotationis exigiutas non caperet
    1. Re:I'm not the only one who noticed this... by frodo+from+middle+ea · · Score: 1

      So then , why are they suing IBM, if a company's IP is leaked by one of its own employees, or an ex-employee of the ormer company wich owned the IP, then shouldn't it sue caldera or the employee who leaked the code in to the kernel ?
      what's IBM got to do with this ?

      --
      for the last time people, I am "frodo from middle eaRTH", not "middle eaST".
    2. Re:I'm not the only one who noticed this... by gotan · · Score: 4, Informative

      There's also a very informative lkml thread about this and it's already been removed from the source tree, but apparently not because of copyright issues but because it was just "ugly as hell".

      --
      "By the way if anyone here is in advertising or marketing... kill yourself." -- Bill Hicks
    3. Re:I'm not the only one who noticed this... by EzInKy · · Score: 1

      So then , why are they suing IBM, if a company's IP is leaked by one of its own employees, or an ex-employee of the ormer company wich owned the IP, then shouldn't it sue caldera or the employee who leaked the code in to the kernel ?
      what's IBM got to do with this ?


      The code wasn't leaked,it was given away by SCO in a previous incarnation under a BSD license.

      --
      Time is what keeps everything from happening all at once.
    4. Re:I'm not the only one who noticed this... by Daniel_Staal · · Score: 1

      From the link:

      P.S.: I'd propose that the GPL rule that a change must be tagged with the name of the person who changes (or adds) a file is enforced - atealloc.c is only tagged with "SGI", thus I don't know who should be shot for writing that.

      And now we know! Unfortuantly, they are shooting themslves...

      --
      'Sensible' is a curse word.
    5. Re:I'm not the only one who noticed this... by lspd · · Score: 1

      This doesn't particularly matter since ate_utils.c was removed from the kernel some time back.

      Beyond that though, Caldera put the ancient unix under a BSD license AFTER ate_utils.c was available on kernel.org. It wasn't in the main tree at the time, but it was available as in the ia64 port.

      It's rather funny that SCO would show this piece of code. It does illustrate that someone at SGI pulled these functions from a bad source (it has appeared in print also, so it's possible the programmer got it from a book rather than a Unix tree), but the actual functions are trivially simple to replace. If you really think it through you're left wondering why in the world someone would use the Unix version of malloc and free rather than the slew of better written and untainted versions that are available.

      Previous slashdot discussion is here. LKML thread is here.

    6. Re:I'm not the only one who noticed this... by Anonymous Coward · · Score: 0

      because it was just "ugly as hell"

      I just have to point out how typical this reaction is. If it was so goddam ugly, how did it get in in the first place?

      You can bet that any other copyright violations found in the Linux kernel will quickly accumulate "technical" reasons for removal.

    7. Re:I'm not the only one who noticed this... by robf · · Score: 1

      Based on my reading of that lkml thread, I'm thinking this kind of code review might be a great thing for the development of the kernel. Look at all the cruft they've been able to clean up as a result of these few measley lines of code that were pointed out (whether they actually infringe on anything or not)!

    8. Re:I'm not the only one who noticed this... by LordKaT · · Score: 3, Insightful
      If it was so goddam ugly, how did it get in in the first place?

      Well, let's think outside of your trolling existance, shall we? It could've very well been a "first phase" implimentation. That is, it was needed, somone donated it, and it worked. It didn't work well, and it sucked up memory, but everything else either didn't work, broke something, or nobody else offered a solution at the time. So, it was implimented.

      Upon implimentation, somone, down the road, said to themselves "hey man, what the fuck is going on here? WHY are we allocating resources that never get used?" and decided to mention it to the public, as well as offer a solution.

      In fact, that's exactly how the Linux kernel has grown. There have been several implimentations of various things. They start off as "just working," and move on up to better implimentations as people notice different things.

      Also, the function in question is a utility - not many people pay attention to them. Not only that, but it was not used much outside of a few functions. Considering that kernel hackers like to work on the sexiest things, as well as the fact that there are over a million lines of code in the kernel, would lead to this little bit being overlooked quite easily.

      Then, as I said, one day, someone, somewhere, came along and said "you know what, Linus? there's a better way to do this ..."

      And, the cycle continues.

      --LordKaT

    9. Re:I'm not the only one who noticed this... by Anonymous Coward · · Score: 0

      Part of that claim is that SCO knowingly and willingly place that code under GPL.

      SCO is saying IBM placed that code linux

      SCO is claiming IBM wrote the code, but it's derivative works, meaning IBM wrote the code.

      SCO expressed it's displeasure at the linux clone

      SCOs' unix has gained greatly from software development, in products and tools.

      A win in the courts that way may scare off other developers and wouldn't be very good for linux. Such a decision would leave software copyright holders with no protection if they decided to distribute a GPL'ed product and had any other software holdings.

    10. Re:I'm not the only one who noticed this... by arkanes · · Score: 1

      Theres a cvs ID in the patch that would indicated that marcello contributed the patch...

    11. Re:I'm not the only one who noticed this... by Anonymous Coward · · Score: 0

      If it was so goddam ugly, how did it get in in the first place?

      Because nobody as brilliant as you has looked at the code, obviously.

    12. Re:I'm not the only one who noticed this... by NetFusion · · Score: 1

      The irony that SCO would use code thier premier forum sponser contributed to linux as thier *proof* is overwhelming. HP paid the tab to be stabbed in the back in public.

    13. Re:I'm not the only one who noticed this... by Sri+Lumpa · · Score: 1


      I am wondering:

      SCO displayed this code at SCOForum in august.

      It was removed from the kernel in June.

      The LKML discussion preceding the removal was originated by an even earlier /. comment according to one of the posts.

      So my question is: Does SCO know of any common code between Unix and Linux beside the one found by the Linux community or are they relying on us to find some similar code and use it in their suit?

      Now it would be funny if their "rocket scientists" are actually slashdotters.

      --
      "The obvious mathematical breakthrough would be development of an easy way to factor large prime numbers." Bill Gates,
    14. Re:I'm not the only one who noticed this... by Kalak · · Score: 3, Interesting

      IIRC, Christoph Hellwig mentioned something about SCO likely having code that wouldn't survive review on lkml. Seems that it didn't.

      --
      I am, and always will be, an idiot. Karma: Coma (mostly effected by .hack)
    15. Re:I'm not the only one who noticed this... by Anonymous Coward · · Score: 0

      If you look more carefully at the thread, you will see that the code in question was replaced several months ago independently of the SCO thing.

  7. Strange...... by AndyFewt · · Score: 2, Insightful

    Strange how they still have to hide their little snip of code IF its exactly the same as the Linux one :X Right now that only proves the comment is almost the same.

    1. Re:Strange...... by Zemran · · Score: 1

      The parts that they show are already public. The part that they hide is probably the part that is not public and would have no right to enter Linux.

      http://minnie.tuhs.org/UnixTree/32VKern/usr/src/ sy s/sys/malloc.c.html

      This is old code that has already entered the public domain.

      --
      I love stacking my barbecues in the shed at the end of summer - you can't beat a bit of grill on grill action.
  8. In the ia64 directory? by mgessner · · Score: 4, Interesting

    Am I incorrect in understanding that this is for 64-bit implementations of linux?

    If so, how can SCO demand that we give them money for code that's distributed but that 99% of linux users ARE NOT USING?

    --
    "Sometimes the truth is stupid." - Lawrence, creator of Prime Intellect
    1. Re:In the ia64 directory? by heh2k · · Score: 1
      Am I incorrect in understanding that this is for 64-bit implementations of linux?

      no, it is only for the ai64 ("itanium") port. it has nothing to do w/ alpha, ppc64, mips64, sparc64, etc.

      If so, how can SCO demand that we give them money for code that's distributed but that 99% of linux users ARE NOT USING?

      it wouldn't matter if you used it. it would matter if you distributed it. ianal, though.

    2. Re:In the ia64 directory? by mgessner · · Score: 1

      Right, then.

      Well, if you have the kernel but didn't install the source, then what??

      So how can they say they're going after the **users** and not the **distributors**?

      --
      "Sometimes the truth is stupid." - Lawrence, creator of Prime Intellect
    3. Re:In the ia64 directory? by sflory · · Score: 1

      Interestly redhat's kernel-source rpm doesn't include the ia64 code unless you have a ia64 system. That why it's a kernel*i386.rpm instead of a noarch rpm;-)

      --
      IANALBIPOOGL (I am not a Lawyer, but I play one on GrokLaw.)
    4. Re:In the ia64 directory? by Anonymous Coward · · Score: 5, Funny

      Chewbacca uses an x86 32 bit computer. Chewbacca buys software license for a ia64 computer.

      IT DOES NOT MAKE SENSE!

    5. Re:In the ia64 directory? by gid · · Score: 1

      Shit, SCO is soooooo screwed if IBM does in fact use the Chewbacca defense.

      Wookies aren't from Endor you know....

  9. IANAC by phunhippy · · Score: 1

    I Am Not A Coder

    that means all levels of nothing to me..

    someone please explain it :)(not that all of you were not going to explain it...)

    1. Re:IANAC by Anonymous Coward · · Score: 4, Informative

      The code in question in the Linux kernel is simply a function to allocate a block of space from a pool, looking for the first fit.

      If an undergraduate experienced in C were asked to do the same problem the code would look very similar. Hardly a trade secret. Others have commented that this appears in earlier malloc libraries. Perhaps there's the common ancestry, way before SCO existed.

      Hardly enterprise class stuff. They had better have much much better examples or their case is toast.

    2. Re:IANAC by Anonymous Coward · · Score: 0

      not a coder! yer not welcome 'round these parts, ye hear?

    3. Re:IANAC by suwain_2 · · Score: 0, Redundant

      I know what you mean. It's all Greek to me!

      --
      ________________________________________________
      suwain_2 :: quality slashdot p
    4. Re:IANAC by ewhac · · Score: 1

      If an undergraduate experienced in C were asked to do the same problem the code would look very similar. Hardly a trade secret.

      Yeah, and you'd also think that, if an undergraduate student were asked to write a simple cursor display routine, they'd naturally use XOR. Hardly a secret, novel technique, right?

      Wrong. A bunch of assholes under the name of CadTrak patented the XOR cursor techynique, and successfully sued companies over it. The patent finally expired a few years ago.

      Now while SCO is currently litigating a contract dispute, there's no reason to believe they won't expand into frivolous patents as well. Indeed, given their track record, how many people here honestly believe the USPTO wouldn't grant a patent on a first-fit memory allocation algorithm?

      Schwab

  10. This.. by Nick+Fury · · Score: 5, Funny

    Still doesn't prove shit for SCO's claim other than digital cameras are getting smaller and easier to hide.

    1. Re:This.. by TitaniumFox · · Score: 1

      Heh heh. What are the odds that this was from one of those digi-camera cell phones?

      --
      -- I'd say your post was about 3 monkeys, 18 minutes.
    2. Re:This.. by xneilj · · Score: 1

      Heh heh. What are the odds that this was from one of those digi-camera cell phones?

      Nah, those are reasonable 1024x768 pics. If you want to see what current phone cameras are capable at the moment then take a look here.

      --
      rm -rf / is the evil of all root
  11. That's cyrillic... by TopShelf · · Score: 0, Redundant

    If I read correctly, the "symbol" is just Cyrillic script, but English words:

    "As part of the kernel evolution towards modular naming, the functions malloc and mfree are being renamed to rmalloc and rmfree. Compatibility will be maintained by the following assembly code:
    (also see mfree/rmfree below)"

    --
    Stop by my site where I write about ERP systems & more
    1. Re:That's cyrillic... by TheScienceKid · · Score: 0

      no... it's not. I am familiar with cyrillic, see the other posters pointing out that it is in fact greek, which I believe the Gentoo guys figured out. This has been a Public Information Broadcast by the Monster Raving Looney Party. Peace, Out.

    2. Re:That's cyrillic... by Anonymous Coward · · Score: 0

      That's funny, that Cyrillic sure looks like Greek.

    3. Re:That's cyrillic... by sperling · · Score: 1

      That's a greek font and english text. They've used a mix of greek characters visually corresponding to latin, and greek characters audibly corresponding to latin characters.

      It's definitely not greek in any other way than the font, and a pretty stupid obfuscation IMO.

      --
      The next great MMORPG.
    4. Re:That's cyrillic... by Anonymous Coward · · Score: 0

      Cyrillic alphabet comes from the greek alphabet....probably need someone who understands both.

    5. Re:That's cyrillic... by drouk · · Score: 1

      Yes, but they are very different for people who can read Russian as I am ;) It's just a fonts error - try to write something in english and then aply Greek font to it and you'll receive the same kind of words.

    6. Re:That's cyrillic... by Anonymous Coward · · Score: 0

      If I read correctly, the "symbol" is just Cyrillic script

      If think someone's going to post an "IN SOVIET RUSSIA" response, another think comes for you.

      Waitaminute....

  12. Comment Snipets Leaked? by lostchicken · · Score: 0

    Since the only thing common here (that we can see) is comments, wouldn't object code not be in violation, and hence, legal?

    --
    -twb
    1. Re:Comment Snipets Leaked? by Anonymous Coward · · Score: 0

      ...and even better: I't NOT IN ANY KERNEL! Only in the kernel source!.So compile and delete your source and you're ok again.

  13. Comments ... by jasonsfa98 · · Score: 1, Flamebait

    There is nothing wrong with having the same comments.

    1. Re:Comments ... by FrankoBoy · · Score: 3, Funny

      It's often what Slashdot is all about, anyway ;)

    2. Re:Comments ... by Phroggy · · Score: 2, Interesting

      There is nothing wrong with having the same comments.

      Except, of course, that it's plagiarism?

      --
      $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
      $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
    3. Re:Comments ... by wonkamaster · · Score: 2, Funny
      There is nothing wrong with having the same comments.
      There is nothing wrong with having the same comments.
    4. Re:Comments ... by miruku · · Score: 0

      It's often what Slashdot is all about, anyway ;)

      hehe, geddit?!

      --
      MilkMiruku
    5. Re:Comments ... by Codeak · · Score: 1

      AND gives some credit to SCO IP claim. While it certainly doesn't prove it yet... if the comments are the same I'd certain have to entertain the idea that someone was at least in possession of the original piece of work.... First there was the RAGE phase... get ready for the DENIAL phase next....

    6. Re:Comments ... by jasonsfa98 · · Score: 1

      Not when it's a function that's doing the same thing.

      If I have a Post-it(R) on my fridge that says "buy milk" and so do you ...

      Why should they worry about re-wording a freak'n comment?

    7. Re:Comments ... by AtaruMoroboshi · · Score: 1


      unless the comments are the same because they are both from an earlier, freely availible, program. Which many of the other comments in this thread suggest, that it is BSD code dating back to 1986.

    8. Re:Comments ... by Phroggy · · Score: 1

      unless the comments are the same because they are both from an earlier, freely availible, program. Which many of the other comments in this thread suggest, that it is BSD code dating back to 1986.

      In that case, is the BSD copyright notice intact, as the BSD license requires? If not, it's still plagiarism, though not from SCO. If so, then it's all good. I have no idea. :-)

      --
      $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
      $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
    9. Re:Comments ... by Phroggy · · Score: 1

      Why should they worry about re-wording a freak'n comment?

      Rewording? The Linux comment should have been written without looking at proprietary UNIX comments.

      And maybe it was - maybe both of these were derived from the same freely-available source - or maybe SCO is right.

      --
      $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
      $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
    10. Re:Comments ... by FrankoBoy · · Score: 1

      Right on brother, right on :)

    11. Re:Comments ... by grendelkhan · · Score: 3, Informative

      Except that in the 1992 BSD case the Judge ruled the comments didn't count towards copyright violations, just the code. So, by the logic, someone could have taken the code, left in the comments as a guide, and wrote a new implementation, AND,/b> still be free and clear as far as the law was concerned.

      --
      Wu-Tang Name: Half-Cut Skeleton Get your own Wu-Na
    12. Re:Comments ... by spacecowboy420 · · Score: 1

      That is both funny, and insightful.

      I believe the comments being copied indicate more than just comments being copied. Although, as others have pointed out, it is irrelevant due to the fact the code is public domain. The comment is not one line indicating "This reserves memory" (which would be common), there are multiple lines, with specific comments, with identical grammer. Anyone saying this is not wrong *if* it is indeed SCO IP is not being objective.

      --
      ymmv
  14. Kernel mailing list comment by Gaetano · · Score: 5, Informative
    This from the kernel mailing list

    http://www.tuhs.org/Archive/Caldera-license.pdf

    January 23, 2002 Dear UNIX? enthusiasts, Caldera International, Inc. hereby grants a fee free license that includes the rights use, modify and distribute this named source code, including creating derived binary products created from the source code. The source code for which Caldera International, Inc. grants rights are limited to the following UNIX Operating Systems that operate on the 16-Bit PDP-11 CPU and early versions of the 32-Bit UNIX Operating System, with specific exclusion of UNIX System III and UNIX System V and successor operating systems: 32-bit 32V UNIX 16 bit UNIX Versions 1, 2, 3, 4, 5, 6, 7

    -Tupshin

    1. Re:Kernel mailing list comment by jez_f · · Score: 2, Interesting

      So this would make it not a free licence to use on 64 bit CPUs which is where they are claiming that the offending source comes from.
      If this is the case it would probably mean that all of this Caldera code would be disallowed on 64 bit architecture, I hate to think that they have a point but....
      Please someone tell me I am missing something obvious.

    2. Re:Kernel mailing list comment by chill · · Score: 3, Informative

      You are missing something obvious.

      Caldera granted rights to what WAS 16-bit and 32-bit code plus DERIVATIVES. The license wasn't a restriction as to what processor it could be run on.

      --
      Learning HOW to think is more important than learning WHAT to think.
    3. Re:Kernel mailing list comment by GGardner · · Score: 1

      The clauses about 16 bitness refer to the source code, not what you can do with it. That is, all of the Unix source code for the PDP-11 is free to do with what you will, including make derivate works for 32 or 64 bit systems (as if!). The later System III and System V code is not under this license, though, and remain proprietary.

    4. Re:Kernel mailing list comment by TheAncientHacker · · Score: 1

      Wow, a licence to use any UNIX code you like as long as it was not in or derived from System III, System V or their successors.

      Oh, wait, that exclusion includes every released version of UNIX.

      Oops, guess that's not much to celebrate...

    5. Re:Kernel mailing list comment by siskbc · · Score: 1
      Caldera granted rights to what WAS 16-bit and 32-bit code plus DERIVATIVES. The license wasn't a restriction as to what processor it could be run on.

      Interesting, but only useful if linux stole it from one of the "ancient" unixes, as they specifically reserved the rights to anything like Sys V.

      --

      -Looking for a job as a materials chemist or multivariat

    6. Re:Kernel mailing list comment by Anonymous Coward · · Score: 0

      You are misreading the statement. It's specifying exactly what code it is releasing, not how it may be used. It's like when Trolltech released the Qt toolkit under the GPL - they said (paraphrased) "you can have the X11 version under the GPL, but we aren't releasing the Windows version under the GPL". People can still port the GPLed X11 version to Windows, it's just that they weren't releasing that code when they made their statement.

    7. Re:Kernel mailing list comment by aminorex · · Score: 1

      I'm not sure that there is any point in replying
      to you, but in order to demonstrate my vast and
      awesome talent for the bleeding obvious, I will
      note that you can't "steal" something that is
      already *given* to you freely, no matter how hard
      you try.

      --
      -I like my women like I like my tea: green-
    8. Re:Kernel mailing list comment by siskbc · · Score: 1
      I'm not sure that there is any point in replying to you, but in order to demonstrate my vast and awesome talent for the bleeding obvious, I will note that you can't "steal" something that is already *given* to you freely, no matter how hard you try.

      Well you've certainly a talent for that if nothing else. Allow me to introduce you to the concept of figurative language sometime.

      --

      -Looking for a job as a materials chemist or multivariat

    9. Re:Kernel mailing list comment by Anonymous Coward · · Score: 0

      Obviously it's because Intel and HP( Project Monterey?) pulled their name and disassociated themselves from the recent SCO conference thingy. Sounds like SCO ate too many sour grapes.

    10. Re:Kernel mailing list comment by Tokerat · · Score: 1

      ...The source code for which Caldera International, Inc. grants rights are limited to the following UNIX Operating Systems that operate on the 16-Bit PDP-11 CPU and early versions of the 32-Bit UNIX Operating System...
      So in this comment by an AC, we can see clearly that the code presented in the slides was in fact in the PDP-11 Unix code, which clearly states at the top:
      /*
      * Copyright (c) 1986 Regents of the University of California.
      * All rights reserved. The Berkeley software License Agreement
      * specifies the terms and conditions for redistribution.
      *
      * @(#)subr_rmap.c 1.2 (2.11BSD GTE) 12/24/92
      */
      So, this code has been under the BSD license since 1986?

      So far SCO has proven nothing.
      --
      CAn'T CompreHend SARcaSm?
    11. Re:Kernel mailing list comment by ebbomega · · Score: 1

      Note:
      January 23, 2002

      I knew there was something else going on here.

      --
      Karma: Non-Heinous
    12. Re:Kernel mailing list comment by Sj0 · · Score: 1

      But they don't and you're mistaken. Read it again. They're not talking about architectures, they're talking about PRODUCTS. Using the 32 bit code on a 64 bit architecture with their wording is just fine, just as using some code from Unix for a PDP-11 on a 64-bit machine(if any was applicable) would be fine.

      --
      It's been a long time.
  15. Legally by w.p.richardson · · Score: 1

    Does the usage matter, or is the presence alone enough to infinge SCO's patents? Seems frivolous, I agree.

    --

    Curb CO2 emissions: Kill yourself today!

    1. Re:Legally by mgessner · · Score: 1

      I don't know... but it seems unlikely that they could enforce any kind of license if a user didn't even download the source, but just had the kernel installed on their 32-bit machine.

      Yes, the source tree may have contained the offending file(s) during compilation, but if they weren't used to build the kernel image, how is that copyright infringement??

      --
      "Sometimes the truth is stupid." - Lawrence, creator of Prime Intellect
    2. Re:Legally by Anonymous Coward · · Score: 0

      What patents?

  16. So this is what they're pitching a fit about? by KCardoza · · Score: 2, Insightful

    Heck, I'll wager that code is also in BSD. In fact, I'll bet that's where both SCO/AT&T/Whoever got it from. Linux probably got it from BSD, too. Of course, this is all conjecture, and I'm not a lawyer, though I lived with one for two years.

    --
    Despite millions of years of evolution, human beings, taken as a group, are still stupid, panicky animals.
    1. Re:So this is what they're pitching a fit about? by gowen · · Score: 3, Informative
      I'll wager that code is also in BSD
      You are correct. It was in the PDP11 architecture BSD UNIX as long ago as v2.11
      --
      Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
    2. Re:So this is what they're pitching a fit about? by Hektor_Troy · · Score: 1
      I'm not a lawyer, though I lived with one for two years.
      I take it you got screwed a lot ...
      --
      We do not live in the 21st century. We live in the 20 second century.
    3. Re:So this is what they're pitching a fit about? by eric76 · · Score: 1

      What do you bet that it's a DMCA violation to circumvent their so-called security and get the original code they obfuscated?

  17. Well... by blackmonday · · Score: 2, Interesting

    I don't know how accurate these pictures are, but they only show identical comments (except for 1 line), not actual code. They're going to have to do better than that. And yes, they converted the text to the symbol font. These guys astound me with their stupidity.

  18. Tone of the article... by Ayanami+Rei · · Score: 2, Informative

    is a bit condencending towards those who believe SCO doesn't have a case. A sort of, "we told you so" and it reproduces a lot of McBride's rhetoric about the evils of open source.

    Heise is not a very open-source friendly news outlet. So take this with a grain of salt.

    But, having seen duplicated comments alread makes me worrysome. What is in the sc/*.c files anyway?

    --
    THIS THING CAN TURN ON A DIME, MACROSSZERO STYLE ALSO FUCK BETA, ~NYORON
    1. Re:Tone of the article... by Anonymous Coward · · Score: 0

      Heise is not a very open-source friendly news outlet. So take this with a grain of salt.

      That's simply wrong. Heise has a reputation as being very open-source friendly.

    2. Re:Tone of the article... by h4x0r-3l337 · · Score: 1
      ... is a bit condencending towards those who believe SCO doesn't have a case. A sort of, "we told you so" and it reproduces a lot of McBride's rhetoric about the evils of open source

      They are QUOTING the guy. That's what publications often do.

      Heise is not a very open-source friendly news outlet.

      That's simply not true. Don't base your opinion on a bad babelfish translation...

    3. Re:Tone of the article... by Lorphos · · Score: 1

      > Heise is not a very open-source friendly news outlet.
      > So take this with a grain of salt.

      LOL! Boy, you are clueless.

    4. Re:Tone of the article... by Anonymous Coward · · Score: 0


      Heise is not a very open-source friendly news outlet. So take this with a grain of salt.


      haha, yeah and /. is actually run by Steve Ballmer.

    5. Re:Tone of the article... by daniel23 · · Score: 1

      > Heise is not a very open-source friendly news outlet. So take this with a grain of salt.

      Any arguments or facts to that ?

      Reading heise.de on a daily basis I am not very inclined to agree with this.

      --
      605413? Yes, it's a prime.
  19. Code in picture 2 doesn't even compile by *igor* · · Score: 5, Funny


    if (size == 0)
    return) ((ulong_t NULL);

    What is this, amateur night?

    1. Re:Code in picture 2 doesn't even compile by Anonymous Coward · · Score: 0

      mapsize(mp)++;
      looks strange too

    2. Re:Code in picture 2 doesn't even compile by Anonymous Coward · · Score: 3, Funny
      You have to use the sco switch:
      gcc -o -scoRuLEz ate_utils.c ate_utils.o
    3. Re:Code in picture 2 doesn't even compile by PiGuy · · Score: 5, Informative
      Here's the actual kernel code:
      if (size == 0)
      return((ulong_t) NULL);
      Now, where'd that misteak come from?
    4. Re:Code in picture 2 doesn't even compile by Anonymous Coward · · Score: 0

      yikes, your right.

      thats such a horrifically blatant error that it almost makes me wonder if these pics are genuine. after all, given that the contested versions of both system V and linux will compile, and this little snippit would certainly cause a compile error, it follows that this code cannot be from a working build of either linux or system V.

    5. Re:Code in picture 2 doesn't even compile by pe1rxq · · Score: 1

      Not completly impossible... mapsize might be a function returning a pointer to some size variable...

      Jeroen

      --
      Secure messaging: http://quickmsg.vreeken.net/
    6. Re:Code in picture 2 doesn't even compile by frp001 · · Score: 1

      LOL! Looks like it!
      Good spotting, you are my god!
      Anyway I suppose most of the intended audience cannot differenciate C code and comments! ;-)

      --
      May I use your sig please?
    7. Re:Code in picture 2 doesn't even compile by toasted_calamari · · Score: 1, Redundant

      sorry, forgot to log in yikes, your right. thats such a horrifically blatant error that it almost makes me wonder if these pics are genuine. after all, given that the contested versions of both system V and linux will compile, and this little snippit would certainly cause a compile error, it follows that this code cannot be from a working build of either linux or system V.

    8. Re:Code in picture 2 doesn't even compile by Anonymous Coward · · Score: 0
      Now, where'd that misteak come from?

      i don't know, outback steakhouse?

    9. Re:Code in picture 2 doesn't even compile by td · · Score: 1

      In C, functions return rvalues but not lvalues. (In something a little more like English: the value returned by a function isn't in a place you can take the address of.) But ++ requires its operand to be an lvalue.

      --
      -Tom Duff
    10. Re:Code in picture 2 doesn't even compile by Anonymous Coward · · Score: 0

      mapsize may be a macro...

    11. Re:Code in picture 2 doesn't even compile by td · · Score: 1

      I forgot to say: a way for mapsize(mp)++; to be legal C is for mapsize to be a #define.

      --
      -Tom Duff
    12. Re:Code in picture 2 doesn't even compile by RickHunter · · Score: 2, Interesting

      Looks like someone made a mistake cutting and pasting to powerpoint.

    13. Re:Code in picture 2 doesn't even compile by Anonymous Coward · · Score: 0

      hmm.. there is no overloading in C, right?

    14. Re:Code in picture 2 doesn't even compile by utahjazz · · Score: 1

      mapsize(mp)++;
      looks strange too

      ate_utils.h:
      #define mapsize(X) X[0].m_size /* number of empty slots */

    15. Re:Code in picture 2 doesn't even compile by greygent · · Score: 1

      It's "you're" not "your".

    16. Re:Code in picture 2 doesn't even compile by sharkey · · Score: 1
      Now, where'd that misteak come from?

      From someone who ordered dinner way too rare?

      --

      --
      "Outlook not so good." That magic 8-ball knows everything! I'll ask about Exchange Server next.
    17. Re:Code in picture 2 doesn't even compile by h4x0r-3l337 · · Score: 1

      They probably just had the spellchecker mess it up when they made the presentation-slides.

    18. Re:Code in picture 2 doesn't even compile by oolon · · Score: 1

      May be the code was all in a comment block, with a nice note on how not to do it ;-)

      james

    19. Re:Code in picture 2 doesn't even compile by Anonymous Coward · · Score: 2, Funny

      Hey, give the guys a break. They're just a lawsuit company. Systems, code and stuff like that aren't their business anymore.

    20. Re:Code in picture 2 doesn't even compile by RetiredMidn · · Score: 1
      Looks like someone made a mistake cutting and pasting to powerpoint.

      How does one manage to screw up paste? Even with PowerPoint?

    21. Re:Code in picture 2 doesn't even compile by jovlinger · · Score: 1

      hey! are you the duff who devised a device, or instead some insouciant impostor?

    22. Re:Code in picture 2 doesn't even compile by Requiem · · Score: 1

      From td's profile:

      Yes, I'm the one that did Duff's Device.

    23. Re:Code in picture 2 doesn't even compile by zero-one · · Score: 1
      Why not?

      All you need is two top secret lines from sco.h:
      #define return return(int
      #define ulong_t long)
    24. Re:Code in picture 2 doesn't even compile by Requiem · · Score: 1

      What kind of overloading? Operators? No. Function signatures? No. Something else? Probably not.

    25. Re:Code in picture 2 doesn't even compile by RickHunter · · Score: 1

      Dunno, but this one's pretty simple. One right parenthesis was moved from the end of the line to right after the return.

    26. Re:Code in picture 2 doesn't even compile by Anonymous Coward · · Score: 0

      I suspect this is a kind of obfuscation. The actual code probably would look as follows:

      #define return (void
      #define ulong_t printf("I want my cock to be %d-inch long!\n",
      #define NULL 10)) ...

      if (size == 0)
      return) ((ulong_t NULL);

    27. Re:Code in picture 2 doesn't even compile by nocomment · · Score: 1

      either that or SCO modified it jsut slightly so as not to be noticed, but if it was released they know who saw that particular variation and someone is getting ready to go to jail.

      --
      /* oops I accidentally made a comment, sorry */
      /* http://allyourbasearebelongto.us */
    28. Re:Code in picture 2 doesn't even compile by bstadil · · Score: 1

      as in "you're Anal Retentive"

      --
      Help fight continental drift.
    29. Re:Code in picture 2 doesn't even compile by Platinum+Dragon · · Score: 1

      Is that one of the supposed typos that SCO claims are common between SysV and Linux? If this is what they've been showing to the NDA signers, SCO is looking at even bigger trouble.

      Short that stock, baby, short that stock...

      --

      Someday, you're going to die. Get over it.
    30. Re:Code in picture 2 doesn't even compile by lcde · · Score: 5, Funny

      So it looks like someone in SCO hand typed all the linux code again to the presentation, does this mean they violated their own Copyright and owe themselves $699?

      --
      :%s/teh/the/g
    31. Re:Code in picture 2 doesn't even compile by bryanthompson · · Score: 1

      haha! i wish i had saved a mod point for that!

    32. Re:Code in picture 2 doesn't even compile by Tokerat · · Score: 1


      Same way one manages to attempt alegations of the nature that SCO has: total brainlessness.

      --
      CAn'T CompreHend SARcaSm?
    33. Re:Code in picture 2 doesn't even compile by Tom7 · · Score: 1

      Damn, I posted almost exactly the same thing before reading the replies. ;)

    34. Re:Code in picture 2 doesn't even compile by Anonymous Coward · · Score: 0

      I don't get it.

    35. Re:Code in picture 2 doesn't even compile by Anonymous Coward · · Score: 0

      It's "you're" not "your".

      As in "You're a petty sack of shit for correcting someone's spelling on slashdot."

    36. Re:Code in picture 2 doesn't even compile by degauss · · Score: 1

      Now, where'd that misteak come from?

      mmmm.... mis-steak, its what's for dinner

      --


      CoyboyNeal is God
  20. babelfished by Empiric · · Score: 5, Informative

    Here's a semi-readable, slightly-cleaned babelfish translation... it'd be great if somebody who can actually speak German could post a better one...


    The fight for the legal standard of Linux develops more and more to the show piece: Still two weeks ago ago on the Linuxworld had itself boss Mathew Szulik as the rescuer of the free world explained and all Linux trailers to the fight against the chains of the commercial software industry called. Now geriert itself its opponent Darl McBride of SCO still more martialischer: a James bond in the struggle with dark power -- the open SOURCE movement.

    SCO executive committee Darl McBride used two full hours for the prelude of the SCO forum, in order to represent the legal position of its company. With pictures and title music from James bond films the manager sought itself to join in the faithful ones of the former cult company from Santa Cruz for fight for property. The SCO Group leads a law case with IBM because of alleged copyright infringements and abuse of SCOs protected Unix program code in Linux. Star lawyer David Boies, which attained celebrity as a complaint representative of the US government against Microsoft, represents SCO IBM over 1500 Linux Grossanwender printing reminder approximately from SCO kept and was requested to pay royalties.

    Supported of its vice-president Chris Sontag showed McBride of examples from the code of the Linux Kernelversionen 2,5 and 2,6, which are to prove that program sections were transferred invariably from Unix -- an example shown by SCO to code comments in the picture left ( version increased ). Identical typing errors in the comments as well as unusual ways of writing would have left traitorous traces, to stated Sontag. Around this to prove McBride a team for pattern recognition had angeheuert, around ten thousands from program lines to through forests. The few code sequences shown apart from the comments were made to a large extent illegible, alleged, in order to protect SCOs author-genuine. They would stand however representing for thousands of program lines, for stressed Sontag. From several persons or groups at different times parts were transferred illegaly to Linux and distributed sourceopen at users and developers. At the contentious software it goes besides not around simple or trivial functions, but important operating system characteristics for the fitness with fastidious tasks and in extremely safe operating conditions into enterprises. In addition belong the multi-processor mechanisms NUMA and SMP, which were to be had under Unix Lizenzbedingungen only with expensive hardware in the value of ten thousands from US dollar to.

    Approximately 700 crucial code lines of the SMP technology are to have moved from Unix into the Linux releases 2,4 and 2,5. Altogether SCOs testers over 800.000 lines would have found duplicated program text -- an example of SCO shows the picture right ( version increased ). Attorney Mark Heise from the Boies boies-Kanzlei came along for the support of the SCO managers on the podium in read Vegas. It made clear that a GPL license did not protect against the requirement for authority of SCO. The Unix license, which bought SCO 1994 of the original Unix inventor RK & T, guarantees SCO property at Unix system v copyrights and all RKS & t-software and Sublizenzrechten. Originally the license agreement defined by RK & t-lawyers, which changed over by purchase to SCO, is clear in addition regarding the range and consequence of the license, stressed the lawyer. Afterwards the license grants the "right the software products to the licensee (for example IBM) to own business purposes to use internally", quoted Marks of Heise from the contract text. "modifications and derivatives of results are to be treated like the original software products", continue to be called it there. And they "cannot become used for others or by others".

    "Now we know ourselves finally, like Linux in completely short time of a hobby operating system to the platform for ente

    --
    ~ Whence do you come, slayer of men, or where are you going, conqueror of space?
    1. Re:babelfished by Anonymous Coward · · Score: 0

      "With pictures and title music from James bond films..."

      Did they pay royalties for using the pictures and music from James Bond films for commercial purposes? If not, it's time to let the RIAA loose on SCO!

    2. Re:babelfished by Empiric · · Score: 1

      I left off babelfish's translation of the headline of this article, as it's ambiguous:

      "SCO says the open SOURCE the struggle for existence on"

      If nothing else, it'd really be nice to have a proper German translation of this headline.

      --
      ~ Whence do you come, slayer of men, or where are you going, conqueror of space?
    3. Re:babelfished by Methuseus · · Score: 1

      I haven't done much in German for a few years, but the title is something to the effect of:
      SCO Says the Proof of Open Source is Here

      Again, a native speaker could probably tell exactly what this would translate to you, but I figure my best shot won't hurt.

      --
      Two things are infinite: the universe and human stupidity, though I'm not yet sure about the universe. - A Einstein
    4. Re:babelfished by Snags · · Score: 1
      ...With pictures and title music from James bond films...

      Could that be an unauthorized public performance of someone else's copyrighted work?

      --
      main(O){10<putchar((O--,102-((O&4)*16| (31&60>>5*(O&3)))))&&main(2+ O);}
      LN2 is cool!
    5. Re:babelfished by Nine+Of+Mirrors · · Score: 1

      It kinda boils down to "SCO announces/declares war on Open Source", or "SCO challenges Open Source's existence" or something; literally: "SCO announces struggle for existence to Open Source".

    6. Re:babelfished by Ciggy · · Score: 1

      Aren't the James Bond films copyrighted...did they pay for use of them? Anyone got the number of the RIAA?

      --

      A rose by any other name would smell as sweet;
      A chrysanthemum by any other name would be easier to spell
  21. second one does look too close if it is there by strider3700 · · Score: 2, Insightful

    Speaking as someone that used to mark compsci programming assignments I would fail both people if they had the code in the second example. It's a little too tricky to have the exact same thing come up unless worked on.

    Having said that I doubt this will affect the future of linux. IBM has too much to lose they'll just crush SCO if they have to.

    1. Re:second one does look too close if it is there by iainl · · Score: 2, Funny

      I don't doubt you would fail both students if they wrote that code. Not for collaborating, but for both nicking it from 1992-era BSD...

      --
      "I Know You Are But What Am I?"
    2. Re:second one does look too close if it is there by Anonymous Coward · · Score: 0

      "IBM has too much to lose they'll just crush SCO if they have to"

      Even IBM has to abide by court rulings.

      Anyhow - can you imagine the uproar here if someone said "Microsoft has too much to lose they'll just crush Linux if they have to"?

    3. Re:second one does look too close if it is there by Anonymous Coward · · Score: 0

      Well, maybe the prof should get a new grader.

      Because that code isn't doing anything fancy. Writing it any other way would just be obfuscating it.

      Think about it . . . the first two lines, the for conditions, and the size check right in the for all have to be the same pretty much. Oh, you could move stuff around, like say

      bp = mapstart(mp);
      for(; bp->msize; bp++)

      or something, but if I was a grader, I'd grade that down as uselessly avoiding the standard syntax.

      I mean seriously, what would you EXPECT to be different there ? How would you have written it ?

    4. Re:second one does look too close if it is there by Elwood+P+Dowd · · Score: 1

      "IBM has too much to lose they'll just crush SCO if they have to"

      Even IBM has to abide by court rulings.

      Anyhow - can you imagine the uproar here if someone said "Microsoft has too much to lose they'll just crush Linux if they have to"?


      Right. But Microsoft can't just buy Linux. IBM has way way more cash than SCO has market capitalization. Grandparent poster wasn't saying anything inflamatory.

      --

      There are no trails. There are no trees out here.
    5. Re:second one does look too close if it is there by bratgrrl · · Score: 1

      Microsoft is trying very hard to crush Linux. But they can't, hahahaha and neener neener. Anyway SCO is stupid and everyone wants them to be crushed. They started it, too bad they started a war they cannot win.

      --

      ---

      SCO is weenies
      Gator is Spyware
      Microsoft is thugs

    6. Re:second one does look too close if it is there by Anonymous Coward · · Score: 0

      IBM has an army of lawyers.
      they could tie up sco in court until the apacolypse.

      pretty easy

    7. Re:second one does look too close if it is there by Anonymous Coward · · Score: 0

      eh, you are looking at a cross section of less than 200 people.

      You think that only 200 or less people have touched Unix code?

  22. Comparison through obfuscation? by Anonymous Coward · · Score: 0, Interesting

    If the code between the two is exact, then why obfuscate the SCO portion?

  23. Code copying, or compatibility? by 192939495969798999 · · Score: 2, Interesting

    That's not that many lines of code. I think you have to ask yourself if they could've just stumbled onto the same routine. Arguably, having the comments the same is a much more precarious scenario. However, I would argue that perhaps at the time SCO didn't really care, because I can't imagine a case where a programmer would be involved on a highly proprietary project, and would let source leak out without seeking some monetary compensation. If that is what happened, then clearly there is some fraud here. Otherwise, "oops, shouldn't have let people see the source."

    --
    stuff |
    1. Re:Code copying, or compatibility? by hackstraw · · Score: 1

      Plus the imh1.jpg image does not appear to be real linux kernel code.

      the maplock() function or macro that they have listed is not found in 2.6.0r3 nor 2.4.9 kernel source. There is a struct called maplock in 2.6.

      same with mapstart(), its an unsigned long in one file in 2.4.9 and 2.6.

      Also, the ASSERT() (macro I assume) can only be found in the 2.6 source fs/xfs/xfs_inode.c file with an 0x80000000 where the function looks like:

      if ((v & (v - 1)) == 0)
      return v;
      ASSERT((v & 0x80000000) == 0);

      So, I'm glad SCO has cleared things up for us and why they want $699 for a "right to use" license of Linux.

      Oh, and I'm _still_ waiting for them to call me back and tell me how much I owe them.

  24. I dunno... by slashhax0r · · Score: 3, Funny

    It's all Greek To me!!!

    1. Re:I dunno... by Anonymous Coward · · Score: 0
      Dear Sir or (highly unlikely) Madam,

      In response to your comment on slashdot (heretofore referred to as Comment #6733623 or "the bad joke"), I am submitting RFC 1108, "A Proposal for The Rotten-Tomato-Over-IP protocol". Perhaps you will think twice about submitting such comments once RTOIP is in widespread use.

      Good Day,
      me

    2. Re:I dunno... by Flabby+Boohoo · · Score: 1

      Or more appropriately, it's all Geek to me!

  25. 64 bit code? by machinecraig · · Score: 1

    I know that this is probably just the first of many leaks, etc - but stolen source code related to 64bit code wouldn't really affect many people's home linux distros.

  26. Stolen Comments!!! by burgburgburg · · Score: 5, Funny
    The fact that SCO refused to show code fragments that they claim are stolen, but felt free to display this purloined comment indicates the root of the problem:

    The System V comments have been stolen!!!

    Obviously no actual code has been used. But the comments, the key component of the intellectual property that makes up SCO, has been lifted near verbatim and ruthlessly incorporated into Linux. Oh, the injustice.

    When will it end?!?

    1. Re:Stolen Comments!!! by Anonymous Coward · · Score: 1, Insightful

      You know, comments don't end up in the compiled binary. So SCO's claims to "binary licensing" are entirely specious.

    2. Re:Stolen Comments!!! by stratjakt · · Score: 3, Insightful

      Actually it makes me more inclined to believe that the two pieces of source were cloned from each other.

      Programming languages (C in this case) are fairly orthoganal. It's easy for two people to both come up with the exact same solution in complete isolation, there's often only one "right" way to accomplish something.

      But for two to describe the exact same thing in english and come up with word-for-word the exact same result is fishy indeed. Imagine two english students handing in the same essay, word-for-word compared to two comp students handing in the same code with a few changed variable names.

      If comments were cut and pasted, I'm assuming code was too. The issue really is who owns the source in the first place, not whether the same code is in both places.

      --
      I don't need no instructions to know how to rock!!!!
    3. Re:Stolen Comments!!! by herrvinny · · Score: 1

      But perhaps the programmer that did Linux and the programmer who handled the SCO UNIX looked in the same programming book and copied it from there? It is what you said, there's pretty much only one right way to do it in programming, so maybe they lifted the commenting from someone else who previously did the programming.

    4. Re:Stolen Comments!!! by Anonymous Coward · · Score: 0

      there's often only one "right" way to accomplish something.

      c=2;
      c =2;
      c = 2;
      c = 2 ;
      c=0x2;
      c=02;

      etc.

      Which one is the "right" way to assign the value 2 to the variable "c". There are many ways to write code that results in the same binary code, and several "correct" ways to do anything with different binary code. If this is the variance you can add to a simple assignment, imagine what you can do with code that actually does something interesting. When coding there is never just one right way to do anything. On the other hand there are an infinite number of bad ways to do something.

    5. Re:Stolen Comments!!! by stratjakt · · Score: 1

      If all you had to do to avoid copyright infringement claims was insert a few whitespaces, then copyrights would hold no value. All of those statements are completely identical.

      But you cant copyright an individual statement no more than you can copyright a word. When the code becomes more complex, two programmers could easily come up with the same algorithm and nearly identical code (say both implementing a bubble sort or linked list).

      I guess "right way" wasnt what I meant to say, I should have said "best way".

      --
      I don't need no instructions to know how to rock!!!!
    6. Re:Stolen Comments!!! by Lil'wombat · · Score: 1

      Programming languages (C in this case) are fairly orthoganal. It's easy for two people to both come up with the exact same solution in complete isolation, there's often only one "right" way to accomplish something.

      Yet another reason to use Perl!

      --

      Truth: If it's not one thing, it's another

    7. Re:Stolen Comments!!! by DashEvil · · Score: 1

      What I'm wondering, is with the recent observations about the actual origin of this code...

      Well, it strikes me as really hypocritical, SCO can't even keep track of code that they've released as free software, nevermind other code. Yet they continue to bash the Linux buisness model.

      --
      -If God wanted people to be better than me, he would have made them that way.
  27. Bogus by mugnyte · · Score: 1

    Both slides seem to be implementations of standard pseudo-code in textbook implementations. If SCO is claiming this is "proprietary" then we're gonna have to change the variables names? Ridiculous. I don't see anything in here that even closely resembles Intellectual Property. At a certain granularity, *X follows the same paradigm for some implementations anyway. I mean, any function implementing a heap manager is now suspect?

    1. Re:Bogus by DrSkwid · · Score: 1

      Isn't that the realm of "software patents"

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    2. Re:Bogus by mugnyte · · Score: 1

      Not exactly. Academic textbooks usually don't publish patented ideas. The spinlock/memory manager concept is so old, I've read and coded a few since school. Granted, if the code was copy/pasted from their implementation, crying foul is possible (to what avail?) but there is no patent/copyright of the algorithm I'm seeing. I stand to be corrected, but that's my take.

  28. Translation of Kernel Code by Matrix272 · · Score: 3, Funny

    It actually says:

    # Comment by Linus:
    # This is not code written by SCO. I swear to god, I wrote it myself.
    # It just looks a lot like SCO's code. It just happened that way. There's
    # only so many ways to do certain things... I mean, hey, I have to make
    # a living too! Where are my lawyers? Well? I don't have any! I have to
    # scrap by on a measly salary trying my best to make a difference in the
    # world, all the while, companies like IBM and Microsoft release shitty
    # software all the time, and nobody seems to care! They're all getting
    # butt-raped, and they don't even know it! Well, not anymore! I'm going to
    # make the best operating system in the world, and name it after myself!
    # M$ and IBM sux0rs!

    --
    "It's better to have a gun and not need it than need a gun and not have it." ~ Christian Slater, True Romance
    1. Re:Translation of Kernel Code by ded_guy · · Score: 1

      I think the preprocessor would choke pretty hard on those directives.

      --
      In the future, all spacecraft will be made of cheese.
    2. Re:Translation of Kernel Code by gid · · Score: 1

      Unless, of course, this is from a "special" part of that kernel that uses perl.

    3. Re:Translation of Kernel Code by sharkey · · Score: 1
      Here's a cleaner translation. Seems SCO may be on to something:

      This code no other, is made by the elves,
      Who'd pawn their own mothers to grab it themselves
      Ruler of creeper, mortal, and scallop,
      This is a sleeper that packs quite a wallop.
      The power almighty rests in this lone code.
      The power, alrighty, for blowing your own choad.
      If broken or busted, it cannot be remade.
      If found , send to Sontag ( the postage is prepaid)

      --

      --
      "Outlook not so good." That magic 8-ball knows everything! I'll ask about Exchange Server next.
  29. Very interesting news article by Anonymous Coward · · Score: 2, Interesting

    http://news.com.com/2100-1016_3-5065422.html

    Neil Abraham, with SCO reseller Kerridge Computer, said SCO made the right decision to pursue IBM. "I think they've got a very firm case," he said, after looking at the code. "It's not just one line. It's huge chunks."

    1. Re:Very interesting news article by Squideye · · Score: 2, Funny

      So he's actually stated that SCO's case is based on huge chunks. That's great, that's really great. "Hey, everyone, look at our huge chunks."

      Huge chunks of code or perhaps of a browner substance, more like bovine digestive waste in nature?

    2. Re:Very interesting news article by PurpleFloyd · · Score: 1
      So we've got someone who has a vested interest in seeing SCO succeed (they sell SCO software), who probably isn't an experienced coder, who says that SCO has a case? Sorry, but I'd rather see a lawyer with copyright experience and a group of decent coders go over the evidence - all the evidence - before coming to any conclusion.

      All the "very interesting" article says is that some people who probably don't have much experience in these matters saw SCO's presentation and walked away with a pro-SCO viewpoint. That's what the presentation was supposed to do: make people believe SCO has a strong case. From what I've seen (the screenshots), the elements of SCO's case that were shown don't look very strong: they never proved that it was SCO who wrote the offending code in the first place, and those comments feel to me like they were cut and pasted from some specs document. SCO's refusal to show the actual implementations makes me very suspicious - if the comments were in fact cut and pasted from a publicly available specs document, then there could be two different implementations of the same specification, with no infringment at all. They're gonna have to do a lot better than that presentation if they want to have a hope of succeeding in court.

      --

      That's it. I'm no longer part of Team Sanity.
    3. Re:Very interesting news article by CoolVibe · · Score: 2, Insightful
      Sure they look the same. Both nicked heavily from BSD code. SCO is trying to pass off BSD code as their own.

      The bastards.

  30. Exactly! by Thud457 · · Score: 4, Insightful
    Am I incorrect in understanding that this is for 64-bit implementations of linux?

    If so, how can SCO demand that we give them money for code that's distributed but that 99% of linux users ARE NOT USING?

    This is exactly why they want you to sign your life away by signing a NDA before they will show you the code. They want to use this to bludgeon people into settling BEFORE IT GETS TO COURT . They are not interested in legitmately rectifying the situation.

    --

    the preceding comment is my own and in no way reflects the opinion of the Joint Chiefs of Staff

  31. Translation by Vaulter · · Score: 2, Funny

    /*
    * The following code is verbatim from Linux 2.4, and
    * should guarantee binary compatibility for applications.
    */

    --
    I don't have a sig...Do you??
  32. To sum up: by Vexalith · · Score: 5, Interesting

    To sum up, this code is in 2.4.x but not 2.5.x, was also present in BSD which means its open source based on the case the BSD creators went through in the early 1990s. Have SCO really so poorly researched these examples that this is the best they can show us?

    1. Re:To sum up: by Vexalith · · Score: 5, Informative

      It's also in a 1986 Berkley file: http://unix-archive.pdp11.org.ru/PDP-11/Trees/2.11 BSD/sys/sys/subr_rmap.c

    2. Re:To sum up: by terraformer · · Score: 1, Insightful
      was also present in BSD which means its open source based on the case the BSD creators went through in the early 1990s

      Mind backing that up w/ a little evidence? It could very well be the key to putting this whole fsck'n mess behind us...

      --
      Who are you? The new #2 Who is #1? You are #617565. I am not a number, I am a free man! Muhahaha.
    3. Re:To sum up: by Lussarn · · Score: 1


      Have SCO really so poorly researched these examples that this is the best they can show us?

      Hey, it's sourcecode. It must belong to SCO...

    4. Re:To sum up: by Vexalith · · Score: 3, Interesting

      Until 1988, BSD Unix required an AT&T license, since each release included AT&T UNIX code. Basically AT&T kept upping the price so BSD released their system under the BSD open source license in 1989. AT&T and BSD went to court in 1992 and it went BSD's way. So anything that appeared in BSD before 1992 is open source under a BSD license even if it came directly from UNIX. Also it can be re-licensed under the GPL because the BSD license allows this.

    5. Re:To sum up: by Vexalith · · Score: 4, Informative

      Replying to myself with a link:
      http://oasis.dit.upm.es/~jantonio/documento s/opens ource/kirkmck.html

    6. Re:To sum up: by Anonymous Coward · · Score: 2, Informative

      and 1979 Interdata V6 from the University of Wollongong in Australia - http://minnie.tuhs.org/UnixTree/Interdata_v6/usr/s ys/malloc.c.html

    7. Re:To sum up: by lspd · · Score: 1

      Any version of BSD prior to BSD-Lite (4.4?) requires a Unix license.

    8. Re:To sum up: by Anonymous Coward · · Score: 0

      And, this snippet is NOT in BSD-Lite, which means it's some of the tainted code identified in the USL/Berkeley lawsuit.

    9. Re:To sum up: by tkill · · Score: 1

      "..Have SCO really so poorly researched these examples that this is the best they can show us? "

      they didnt show this....this was leaked.
      No one knows if this piece of code would even figure in their delibrations...its just a part of their entire research...

      if you claim that this was an intentional leak by SCO to stir up stuff or the likes, then similar claims can be made that this leak might be the work of a linux symphatiser/disgrunteled SCO worker to discredit SCO's case...

      the most approach would be to wait and watch until they spell out their case.

    10. Re:To sum up: by lspd · · Score: 2, Informative

      Actually I looked at this before and malloc() and free() are in BSD-Lite. They've been rewritten though. This version is tainted. It goes back all the way to Bell Labs with a copyright of 1973. There is a version in BSD-Lite that is guaranteed free software, but it looks different.

    11. Re:To sum up: by tlk+nnr · · Score: 1

      To sum up, this code is in 2.4.x but not 2.5.x, was also present in BSD which means its open source based


      Assuming red means Linux identical to Unix, then the mutex_spinlock() proves that this is not open source:
      - The ancient BSD codebase didn't contain any spinlocks.
      - The Linux spinlock function is called "spin_lock()".
      - FreeBSD 5.0 contains spinlocks, but they are called mtx_lock or something like that.

      I.e. _if_ it's from SCO Unix and not from AIX or IRIX, then the code in Linux really violates SCO's copyright. If they sue Linux distributors, then they have a good chance of receiving a few dollars compensation.

      Copyright is about expression, not about ideas. The idea of a map allocator is old and predates SCO, but this expression could be owned by SCO.
    12. Re:To sum up: by bergeron76 · · Score: 1

      They might have a trump card in their back pocket that we won't find out about until it goes to court. I highly doubt that SCO's attorneys are stupid (errr , that's a conclusion I'll leave to the reader). They're probably intentionally leaking certain things and visibly disclosing others to leverage their little lawsuit.

      However, based on the information that we have thus far, I tend to think that SCO's claims are baseless.

      --
      Don't think that a small group of dedicated individuals can't change the world. It's the only thing that ever has.
    13. Re:To sum up: by Ivan+the+Terrible · · Score: 1
      Have SCO really so poorly researched these examples that this is the best they can show us?

      Maybe not. Perhaps SCO has deliberately chosen a poor example to lull us all into complacency.

      I have strong opinions about the ethics of Darl McBride & Co, but I don't think he's stupid.

    14. Re:To sum up: by XO · · Score: 1

      I'd be willing to lay money that the spinlock implementation at the point where this was, was built by SGI (since they claim copyright on that file) and IBM jointly .. this is IA64 code, and it all seems suspiciously similar to AIX and OS/2 stuff rather than anything that SCO is capable of.

      --
      "Champagne for my real friends - and real pain for my sham friends!" http://ericblade.postalboard.com/
    15. Re:To sum up: by lspd · · Score: 1

      So anything that appeared in BSD before 1992 is open source under a BSD license even if it came directly from UNIX.

      You mean AFTER 1992 right?

  33. Lunis by hipbase · · Score: 0, Offtopic

    Is Lunis guilty of CO infringements?

    1. Re:Lunis by Anonymous Coward · · Score: 0

      > Is Lunis guilty of CO infringements?

      I don't know. Who's Lunis and what's he doing with Carbon Monoxide?

  34. but linux 2.6 OK by joostje · · Score: 2, Interesting

    But I cannot find code resembling the mentioned offending code in linux-2.6.0-test3.

    OK, I'm not a rocket scientist, so maybe I'm not very good at grepping. Any rocket scientists around here?

    1. Re:but linux 2.6 OK by Anonymous Coward · · Score: 0

      IANAL, but that argument probably wouldn't hold up in court in the case of "derivative works". Consider that kernel 2.4 is the ancestor of 2.5. They could argue that since kernel 2.4 is a derivative of SCO's intellecual property, by default kernel 2.5 is as well. kernel 2.5 isn't a "clean room" rewrite, after all.

    2. Re:but linux 2.6 OK by joostje · · Score: 1
      kernel 2.5 isn't a "clean room" rewrite, after all.
      I don't think you need "clean room" rewrites to avoid copyrights, only to avoid patents and the likes. But as far as I know, all the patents are owned by IBM anyway. (IANAL eighter)
    3. Re:but linux 2.6 OK by Methuseus · · Score: 1

      I'd rather have someone who is very good at grepping....

      --
      Two things are infinite: the universe and human stupidity, though I'm not yet sure about the universe. - A Einstein
  35. (realization) The code... by Ayanami+Rei · · Score: 3, Informative

    they list as duplicated is freely available in the SysV-7 releases, which anyone has access to.

    It's from an implementation of malloc, and the codes is pretty simple (no reason to deviate).

    If this is a shining example, it is a very poor one. It only looks the same because everyone had access to it and no one thought to change it, renaming variables or otherwise.

    --
    THIS THING CAN TURN ON A DIME, MACROSSZERO STYLE ALSO FUCK BETA, ~NYORON
  36. SCO sues my uncle's tire shop! by rice_burners_suck · · Score: 2, Funny
    For immediate release:

    SCO (NASDAQ: SCUM) today filed a lawsuit against Joe's Tire Shop for violating SCO's trademarks. SCO alleges that Linux, a proprietary CRM middleware product developed by IBM, contains technologies owned by SCO.

    "Joe's Tire Shop uses Microsoft Windows," commented SCO CEO Darl McBride. "We have already established that Microsoft has violated our trademarks by using Linux. The liability for these actions, therefore, falls on Joe's Tire Shop. It is the responsibility of Joe's Tire Shop and all businesses worldwide to side with SCO and allocate all of their resources to the exclusive end of helping us. Either you're with us or you're against us."

    If SCO wins the lawsuit, Joe, the owner of Joe's Tire Shop, will pay 10 billion in damages. SCO alleges over four billion lines of source code--essentially the middleware business rules developed by SCO--have been illegally copied in the Linux Colonel, the main component of IBM's CRM product.

    "By leveraging innovative technologies, content providers streamline compelling enterprise solutions," said a spokesperson for SCO. SCO stocks climbed 11% after the initial announcement.

  37. Ah hah! by airrage · · Score: 3, Funny

    It was Professor Plum in the library with the candlestick!!!!

    --
    "This isn't a study in computer science, its a study in human behavior"
    1. Re:Ah hah! by Anonymous Coward · · Score: 0

      dont you mean the xerox machine? he is in the library, after all.....

    2. Re:Ah hah! by Black+Parrot · · Score: 1


      > It was Professor Plum in the library with the candlestick!!!!

      Actually it was McBride in the closet with an inflatable doll, but his imagination made it real to him.

      --
      Sheesh, evil *and* a jerk. -- Jade
    3. Re:Ah hah! by CoolVibe · · Score: 1
      Actually it was McBride in the closet with an inflatable doll, but his imagination made it real to him.

      Ah hah! The sign of a true sociopath. :)

    4. Re:Ah hah! by Anonvmous+Coward · · Score: 1

      I'm getting rather tired of jokes getting modded as 'off-topic'.

  38. SCO sues YOU. by Anonymous Coward · · Score: 0

    SCO found equal code in all sorts of Open Source software and starts an invasion of lawsuits against poor programmers. Here is a 1:1 copied codesnipplet that SCO claims ownage for.


    int main (*argc, **argv)
    {
    printf ("Hello Workd!");

    return 0;
    }

    1. Re:SCO sues YOU. by Anonymous Coward · · Score: 0

      I don't know really, your logic is a bit flawed, considering:
      -no one would ever type "Workd" instead of "World" if they were as careful as you, and
      - your arguments for main are not typed, so it wouldn't compile anyways.

      sorry, you lose!

    2. Re:SCO sues YOU. by Anonymous Coward · · Score: 0

      That was definately a typo :)

  39. Hmmm by Anonymous Coward · · Score: 0

    This code appears to have been contributed by Silicon Graphics.

    1. Re:Hmmm by AndyFewt · · Score: 1

      Just read that copyright on the top of the kernel.org link (along with the GPL)

    2. Re:Hmmm by Nexus+Seven · · Score: 1

      SiliCOn Graphics, eh? Must be a SCOncpiracy...

  40. Is this slander or is it libel? by oni · · Score: 2, Insightful

    Just to summarize some of the other comments, this code was published in a programming book way back in 1974. The fact that SCO claims it was copied from them has got to be either slander or libel - please tell me this is enough to get a STFU injunction immediately!

    1. Re:Is this slander or is it libel? by drxenos · · Score: 1

      Slander is verbal; libel is written.

      --


      Anonymous Cowards suck.
    2. Re:Is this slander or is it libel? by dnoyeb · · Score: 1

      Said book was specifically authorized by SCO.

  41. Yes, that's right, they're claiming malloc() by raindog2 · · Score: 5, Informative

    Here's the earliest implementation people have found so far, from 1979 (before SCO was "born"):

    http://minnie.tuhs.org/UnixTree/V7/usr/sys/sys/mal loc.c.html

    And here's where it was part of BSD 2.11 circa 1992:

    http://unix-archive.pdp11.org.ru/PDP-11/Trees/2.11 BSD/sys/sys/subr_rmap.c

    Oh, how I hope the mainstream tech press "gets" this.

    1. Re:Yes, that's right, they're claiming malloc() by drakaan · · Score: 1

      Mod parent up! +5 informative

      --
      "Murphy was an optimist" - O'Toole's commentary on Murphy's Law
    2. Re:Yes, that's right, they're claiming malloc() by duplicate-nickname · · Score: 3, Interesting

      1992? In an early post, they found the code in a BSD newsgroup from 1984.

      News Posting

      --

      ÕÕ

    3. Re:Yes, that's right, they're claiming malloc() by BrynM · · Score: 3, Interesting
      "Oh, how I hope the mainstream tech press 'gets' this."

      Even if they don't, I did. Many others here did. Thank you. Thank you very much.

      I don't think SCO really knows the history of all of this code. Especially since they are fairly recent to it's ownership. Instead of being silly, they should be hiring guys like you who know this code's history and true origins (sometimes line by line - you guys amaze me) to do a bit of reality checking for them. Then again, I can't think of anyone who would want to work for Darl.

      --
      US Democracy:The best person for the job (among These pre-selected choices...)
    4. Re:Yes, that's right, they're claiming malloc() by ahfoo · · Score: 1

      Wow, no kidding. Even a jury that has no idea about programming can see the similarity here. This seems to put the whole issue to bed.

    5. Re:Yes, that's right, they're claiming malloc() by Anonymous Coward · · Score: 0

      You'll know they did as soon as this chart drops like a stone. Doesn't look like they've got it yet, though.

    6. Re:Yes, that's right, they're claiming malloc() by cornice · · Score: 1

      (before SCO was "born")

      Looking at when SCO was "born" is irrelavent. They claim that they purchased their IP from Novell. If it happens to predate SCO then that's fine. SCO is very wrong about their claims but not bacause SCO didn't exist before this code was written.

    7. Re:Yes, that's right, they're claiming malloc() by lspd · · Score: 2, Informative

      BSD 2.11 is not free. You need a Unix license to use it....for the very reason that you've pointed out. Much of BSD prior to 4.4 was taken directly from Unix. For 4.4 they rewrote all this garbage.

    8. Re:Yes, that's right, they're claiming malloc() by jeffy124 · · Score: 1

      honestly - if SCO had someone like the parent poster, he'd be gone and in would be someone else, repeating itself until a Yes man is found.

      --
      The One Rule Of Chess You'll Ever Need: Don't play someone who carries a kit in their bookbag.
    9. Re:Yes, that's right, they're claiming malloc() by RobTerrell · · Score: 1

      Mod the parent up, please. I don't know if it's true but if so it's important to consider.

    10. Re:Yes, that's right, they're claiming malloc() by aminorex · · Score: 1

      > BSD 2.11 is not free. BSD 2.11 is not free.

      That's not relevant. Any Unix taint in BSD 2.11
      would have to overlap with this snippet in order
      to make it relevant. There is no evidence of
      this.

      --
      -I like my women like I like my tea: green-
    11. Re:Yes, that's right, they're claiming malloc() by xphase · · Score: 1


      BSD Family Tree

      2.11BSD is from '92 and runs on the pdp11,
      The last modification on the 2.11 branch was in '99

      --
      The following sentence is TRUE. The previous sentence is FALSE.
    12. Re:Yes, that's right, they're claiming malloc() by lspd · · Score: 1

      It DOES overlap.. Compare malloc() is BSD3 and System-3. They're identical. You can follow malloc() and free() all the way back up the chain to the earliest Unix releases. At the point the file carried a comment stating that it was copyright 1973 by Bell labs.

      The BSD 2.x & 3.x version are not free. They're taken from Unix. The BSD 4.4 version is a different story.

    13. Re:Yes, that's right, they're claiming malloc() by Overly+Critical+Guy · · Score: 1

      I really hope IBM uses this information in court. I wonder if they check Slashdot. Just think, legions of readers doing a little bit of code research for them.

      --
      "Sufferin' succotash."
    14. Re:Yes, that's right, they're claiming malloc() by the_pooh_experience · · Score: 1

      Well according to the extra LWN link, we can follow some of the malloc code to 1974 (soon will be 30 years old). See this link, where this code was contribued .

    15. Re:Yes, that's right, they're claiming malloc() by Anonymous Coward · · Score: 0

      Dunno about IBM, but I'm pretty sure that SCO is checking slashdot, because this code snippet was identified by a poster here a couple months ago. That discovery lead to the kernel list discussion that people are linking to.

      Now, it would be nice if SCO showed something that wasn't already out in the open.

    16. Re:Yes, that's right, they're claiming malloc() by Anonymous Coward · · Score: 0

      I guess we have just figured out why SCO's technical director left the company.

    17. Re:Yes, that's right, they're claiming malloc() by aminorex · · Score: 1

      Oh, but then it is free. System-3 was released by
      Caldera some time ago. It may not have been free
      at some point in the past, according to your version
      of events, but it certainly is now, which is all that
      really matters, isn't it?

      --
      -I like my women like I like my tea: green-
    18. Re:Yes, that's right, they're claiming malloc() by lspd · · Score: 1

      It may not have been free at some point in the past, according to your version of events, but it certainly is now, which is all that really matters, isn't it?

      Not if you look at SCO's argument against the idea that they accidentally GPL'd the code by distributing it. SCO may have signed off on this code, but it's clear that they did so after it had already been released by SGI. I pointed out in a previous post where you can locate a patch containing ate_utils.c that dates back prior to Jan 2002.

      Even so, the license Caldera used is equivalent to the four clause BSD license. It is not compatible with the GPL because it adds additional restrictions (mention of Caldera in any advertising.) The Caldera release may indeed show that the code was considered worthless just a short time back, but it doesn't at all provide a valid license to use he code in the Linux kernel. Considering the fact that Caldera now hates you, me, and everyone else that uses Linux, I doubt we'll have any luck convincing them to switch to the GPL compatible three clause BSD license.

  42. Code from BSD? by Anonymous Coward · · Score: 5, Informative

    I think that it looks like SCO's snippet, doesn't even belong to them, compare following which is: Copyright 1986 Regents of the University of California

    That's BSD

    1. Re:Code from BSD? by Anonymous Coward · · Score: 1, Insightful

      Doesn't this put the SCO group in violation of the AT&T/BSD settlement? Seems the U of C at B needs to Sue SCO.

    2. Re:Code from BSD? by macdaddy · · Score: 1

      OMG, this is so absolutely hilarious! I just can't stand it it's so funny. HA HA HA! LMAO

    3. Re:Code from BSD? by CompWerks · · Score: 1

      That is funny...

      --
      If you can read this sig - the bitch fell off.
    4. Re:Code from BSD? by Anonymous Coward · · Score: 0

      Doesn't it also put Linux in violation of the BSD license?

    5. Re:Code from BSD? by Anonymous Coward · · Score: 1, Informative
    6. Re:Code from BSD? by orbitalia · · Score: 1

      Not only that the bloody thing doesnt compile!!

      The code which they are displaying as from linux kernel, is NOT actually from linux kernel.
      See in the second picture:

      if (size == 0)
      return) ((ulong_t NULL);

      Now, this code doesn't even compile!! The actual code that exists in linux is this :

      if (size == 0)
      return((ulong_t) NULL);

      Moreover, this file is part of only the ia64 port which not even 2% of linux users use. Just why I am supposed to pay SCO ??

  43. More stolen code from SCO by genkael · · Score: 1, Redundant

    Here's some more example code SCO claims to be copied:

    {

    later in the file...

    }

    --
    GeneralKael -- Slacker Extraordinaire
  44. SCO shows by Lolaine · · Score: 1

    that comments are of them. Great then! my *compiled* kernel has not any SCO comments!

    --
    ------- The last Sig. got fired.
  45. Here's that comment in a 1984 Usenet posting! by yeremein · · Score: 5, Interesting

    Here or Here

    1. Re:Here's that comment in a 1984 Usenet posting! by ZZane · · Score: 4, Interesting

      And notice that it's BSD code, which lends credence to the belief that some (if not all) of the "infringing" code is actually BSD code used in both Linux and SCO. I'm not sure of BSD's licensing but wouldn't that mean that SCO is the one breaking the law here?

      Who'd actually be surprised to find that SCO is using open source code improperly/illegaly? :)

      --
      This sig is worse than my last.
    2. Re:Here's that comment in a 1984 Usenet posting! by FuzzyDaddy · · Score: 1
      Cool - the exact same comment in the BSD code from 1984.

      Awesome find.

      --
      It's not wasting time, I'm educating myself.
    3. Re:Here's that comment in a 1984 Usenet posting! by broeman · · Score: 1

      This really proves that a lot of this gets copied around in the UNIX-family (no trademark). Probably SCO copied at a time, and later some guy from the Linux kernel took it from BSD too. Maybe BSD even took it from AT&T back then, who knows. This claim can only be seen as totally irrelevant, since it has been public code/comment at least since 1984. In the Linux kernel you can see they copied the comment without any change, while SCO added an extra comment to it. Proves nothing, but doesn't disapprove anything (calculates all the double wording in my head. You get what I think, because I don't *grin*)

      --

      (yes this can be compared with sex)
    4. Re:Here's that comment in a 1984 Usenet posting! by 91degrees · · Score: 1

      You are permitted to use BSD code in closed source applications. Actually, strictly speaking, it's GPLed apps that can't be used with it (As far as I understand it, BSD insists on a few things that the GPL doesn't, and the GPL doesn't allow you to insist on any conditions not already in the GPL). This doesn't make a lot of difference though since BSD copyright is none of SCO's concern.

    5. Re:Here's that comment in a 1984 Usenet posting! by anthony_dipierro · · Score: 1

      Yeah, awesome find. Or maybe he just read the article :).

  46. The Code Isn't The Same? by suwain_2 · · Score: 1

    If you look at the first shot, it seems they've used red for the 'common' lines of code, black for ones that are different. Note that the actual code is black.

    Even if it's just comments that were stolen, it is wrong. But for those of us who just run binary apps and don't build from source... I don't have those comments. :)

    --
    ________________________________________________
    suwain_2 :: quality slashdot p
    1. Re:The Code Isn't The Same? by lowe0 · · Score: 1

      The stuff in black isn't code. It's more comments. Look very carefully; the */ doesn't come until the very end of the SCO section.

  47. Who added the code to the kernel? by comnenos · · Score: 2, Interesting

    Has anyone checked the linux CVS repository to see who added the code? If so, could you post your findings?

    1. Re:Who added the code to the kernel? by Anonymous Coward · · Score: 1, Informative

      CVS-repository? Nope. Linus himself was the CVS-repository until last year when he started using BitKeeper.

  48. ah people time to wave bye bye to SCO Group by linuxislandsucks · · Score: 4, Insightful

    this is code that was contributed by Caldera employees and thus released under full SCO Group knowledge to Linux..

    So where is the magical proof that McBride keeps claiming that he has?

    I smell a fraud lawsuit against McBride on the basis of both Federal and State BlueSky Laws on the basis on making false factual public statements that investors relied upon to buy SCO Group stock..

    and Boise should know better than to perpuate false information about the laws and regs on software copyrights!

    --
    Don't Tread on OpenSource
    1. Re:ah people time to wave bye bye to SCO Group by Anonymous Coward · · Score: 0
      and Boise should know better than to perpuate false information about the laws and regs on software copyrights!

      He DOES, which is why he wasn't at SCOForum.

    2. Re:ah people time to wave bye bye to SCO Group by Anonymous Coward · · Score: 0

      We're not going to some white collar resort prison. No, no, no! We're going to federal POUND ME IN THE ASS prison!

      -Michael Bolten

    3. Re:ah people time to wave bye bye to SCO Group by pimpinmonk · · Score: 1

      I don't care about getting SCO with a fraud lawsuit. It doesn't seem to me like they're a company with any sort of killer app anyway. Mostly harmless, except for this stuff.

      But as people have pointed out, upper management at SCO is making off like kings with this. Their stock soared and they all dumped. Isn't this antitrust, hardcore? Using false information to inflate their stock, and then all the insiders dumping it at its peak because they know it's going to crash down at the same time as the lawsuit? This kind of criminal behavior is one thing that *caused* the great depression, people!

      Remarkable. Darl says "there's some code in linux that is stolen, we're gonna sue, but not tell anyone what the code is." Stock goes up, Darl & henchmen sell. Fast-forward a few years, lawsuit actually gets trial time, and Darl says "oopsies! I guess that code really WAS from some Berkley Code from 1986, and also some Unix code from 1979 and 1991. Not to mention we've released it in seperate places for free. Sorry about the mixup guys, see ya!"

      If he makes off without getting all that money taken away, I think we need to "slashdot effect" his house with porn, spam, packages with illegal substances, junk mail, phone calls, etc. etc.

      Grrrrrrrrrrrrrr

    4. Re:ah people time to wave bye bye to SCO Group by chaboud · · Score: 1
      If he makes off without getting all that money taken away, I think we need to "slashdot effect" his house with porn, spam, packages with illegal substances, junk mail, phone calls, etc. etc.
      After all of this, do you think that he deserves to get people's hard earned porn and drugs for free? I might start a urine-in-a-jar campaign, though...
    5. Re:ah people time to wave bye bye to SCO Group by Malcontent · · Score: 1

      That's capitalims as it's practiced in the US.

      I don't think there is anything illegal in what they are doing. It's legal to hype your stock, it's legal to hype it with lies, it's legal to sell it after you have suckered fools into buying your stock.

      In America it's legal to rip off the shareholders to make yourself rich. It's even more legal when the white house and the DOJ and the SEC are controlled by people who think the govt is evil and the corporations can do no wrong.

      Sorry.

      --

      War is necrophilia.

    6. Re:ah people time to wave bye bye to SCO Group by pimpinmonk · · Score: 1

      The SEC can think what they like about the gov't etc, but their job *is* to stop insider trading and scams such as specifically hyping the stock with lies and making a bundle off the suckers who ride the rumors.

  49. IA64? Did Intel provide this? by gimlet77 · · Score: 1

    Um...isn't it entirely possible that this was sample code provided by Intel so that developers would have Itanium code ready?

  50. still proves nothing... by The+Lynxpro · · Score: 5, Insightful

    My reaction is "so what." I wouldn't be surprised if you saw those same lines in NT. They probably originated in BSD as so many others have stated and will continue to state. If it is true Caldera sent an employee or two to IBM to help *beef up* Linux, then that would be a valid explanation as to why the code is the same. SCO is Caldera and they cannot deny that no matter how many times they change their corporate name. They put the lines in there and they distributed the offending versions of Linux under the GPL. Just because they are no where as successful as RedHat or SuSE gives them no rights to try to weasel out of it now... When will SuSE, Xandros, and Lindows join the RedHat lawsuit against *Caldera*???

    --
    "Right now, somewhere in this world, Scott Baio is plowing a woman he doesn't love," - Peter Griffin, *Family Guy*
  51. Code in question is BSD-licensed by Anonymous Coward · · Score: 1, Interesting

    A quick search will show that the code presented as SCO code appears in the BSD kernel as mfree(). In fact, the Linux copy is much closer to the BSD code than the SCO code (especially in the comments), which would seem to imply the submitter to Linux copied the code from old BSD source and SCO copied and then obfuscated the same code.

    At least in this example, it's pretty clear that the code presented is non-infringing.

    1. Re:Code in question is BSD-licensed by yanestra · · Score: 1
      which would seem to imply the submitter to Linux copied the code from old BSD source

      If that's the case, I dare to ask what happened to the "old" BSD copyright which once was sticking to that part of code.

      I mean, the BSD license is no permission of theft, neither by a Linux submitter, Silicon Graphics, nor SCO.

  52. Looks like SGIs IP not SCOs by pstreck · · Score: 3, Informative

    /* $Id: ate_utils.c,v 1.1 2002/02/28 17:31:25 marcelo Exp $ * * This file is subject to the terms and conditions of the GNU General Public * License. See the file "COPYING" in the main directory of this archive * for more details. * * Copyright (C) 1992 - 1997, 2000-2002 Silicon Graphics, Inc. All rights reserved. */ Copyright SGI.... hrrmm, I wonder what their contract says about derrivitive(i cant spell) works.

    --

    Later,
    Phil
  53. Is this the infamous "80 lines"? by raindog2 · · Score: 2, Interesting

    It would be interesting to find out if this were the 80 lines of code all those analysts saw under NDA. It would say a lot not only about SCO's case but about the research abilities of technical analysts these days....

  54. arch/ia64? SCO doesn't run on 64 arch? by joostje · · Score: 2, Insightful
    /arch/ia64/sn/io/ate_utils.c?
    And I thought SCO doesn't run on any 64 but arch? Can anyone explain how we copied code for 64 bit arch processors from SCO sources, of all places?

    OK, they are saying they own the copyright of it because it's in SYSV code which they didn't write, but by some contract own anyway. Is that it?

    1. Re:arch/ia64? SCO doesn't run on 64 arch? by hackstraw · · Score: 1

      Take a peek here:

      http://linuxia64.org/

    2. Re:arch/ia64? SCO doesn't run on 64 arch? by Frodo420024 · · Score: 1
      And I thought SCO doesn't run on any 64 but arch? Can anyone explain how we copied code for 64 bit arch processors from SCO sources, of all places?

      Two words:

      Project Monterey

      A joint IBM-SCO project that was later scrapped. IBM developed a lot of the disputed code under this project, donated it later to Linux, and now SCO claims they're not allowed to do that.

      BTW, amusing to see that some of the 'infringing' code might be the stuff that AT&T stole from BSD? If they can't do better than that, the case will be too boring :)

      --
      I'm in a Unix state of mind.
    3. Re:arch/ia64? SCO doesn't run on 64 arch? by lfd · · Score: 1
      It would have if management had left the Gemini64 project run to completion. Alas, Doug Michels thought it was more politically astute to drop it and to work with IBM on project Monterey.

      I know some of the guys involved in Gemini64 and I can't even begin to describe how shocked they were when the bad news came from Santa Cruz.

      --
      Going on means going far, going far means returning. Tao te Ching
  55. Insanity by Helmholtz · · Score: 4, Interesting

    Of course isn't descrabling the greek phrase a direct violation of the DMCA?

    CRAP! Now SCO can sue all the people that have printed, spoken, or otherwise communicated the obscured text!

    This whole thing is really getting ridiculous. I wonder how long it will be before the laws that support this kind of nonsense are seriously reworked and/or simply gotten rid of.

    --
    RFC2119
    1. Re:Insanity by Grayswandir · · Score: 1
      This whole thing is really getting ridiculous. I wonder how long it will be before the laws that support this kind of nonsense are seriously reworked and/or simply gotten rid of.

      Unfortunately, not anytime soon. Not as long as the American Bar Association and the trial lawyers have a major political party in their pocket.

    2. Re:Insanity by og_sh0x · · Score: 1

      Well gee, SCO could have just as easily hung a thick sheet in front of the screen and said, "Behind this sheet lies the lines of code we claim are infringing. Don't lift the sheet!" And then anyone who lifts the sheet and takes a picture gets slapped with a DMCA violation! :P

    3. Re:Insanity by Anonymous Coward · · Score: 0

      No. You misunderstand the DMCA. It requires encryption. Locks, closed doors, sealed boxes, etc. (including a thick sheet, I'm sure) are not considered devices of encryption under this Act. At least the ridiculous DMCA spells a few things out clearly. Sadly, SCO did use encryption, albeit weak. Even ROT13 would probably qualify as encryption under the DMCA because it's an algorithm executed by a device.

    4. Re:Insanity by Anonymous Coward · · Score: 0

      ROT13 does qualify. That's what Adobe got the Russian guy for.

    5. Re:Insanity by toddhunter · · Score: 1

      Don't worry we are all safe, I am sure noone actually read the article anyway ;)

  56. IANAL by Anonymous Coward · · Score: 0

    IANAL, but I watch Law and Order.

  57. The code heard around the world by Ozor · · Score: 0

    I better stop using my Linux kernel know that I know the truth. We should all write a declaration of Independence from SCO now that they are taxes us without representation.

  58. Linux Code ? by KoolDude · · Score: 2, Funny

    From http://ftp.kernel.org/pub/linux/kernel/people/marc elo/linux-2.4/arch/ia64/sn/io/ate_utils.c

    /*
    * Free the previously allocated space a of size units into the specified map.
    * Sort ``a'' into map and combine on one or both ends if possible.
    * Returns 0 on success, 1 on failure.
    */
    void
    atefree(struct map *mp, size_t size, ulong_t a)
    {


    Do we really need *this* code ?

    --
    getSexySig(); /* returns sexy signature */
    1. Re:Linux Code ? by dacarr · · Score: 1

      It would appear to clear up memory holes. IIRC, C does not have its own garbage collector, so yes, this code is probably necessary.

      --
      This sig no verb.
  59. Hidden Code by Anonymous Coward · · Score: 0

    The Symbol fontset code reads:

    As part of the kernel evolution toward modular naming, the
    functions malloc and mfree are being renamed to rmalloc and rmfree
    Compatibility will be maintained by the following assembled code:
    (also see mfree/rmfree below)

  60. I knew it would be leaked very soon by narfbot · · Score: 2, Interesting

    I knew it would be leaked very soon, after the SCOforum or whatever it was called. I remember reading last night that when they were showing the code during the conference, a bunch of reporters took pictures. So that means pictures were not like restricted or anything.

  61. Copyright? by bytesmythe · · Score: 1

    The interesting thing to me is that the code isn't that complicated. It is a pretty straightforward procedure. There is no mystery here. It isn't an innovative idea like some kind of new encryption algorithm. This is simply the way to do this memory manipulation related to mapping.

    I have a hard time understanding how anyone could even lay claim to PATENTING this code. The only thing you could really do is change the variable names and add some more parentheses. Copyright law related to source code really needs to be examined so we can better deal with these circumstances.

    --
    bytesmythe
    Hypocrisy is the resin that holds the plywood of society together.
    -- Scott Meyer
  62. 00-nought by Chagatai · · Score: 5, Funny
    I love this quote:

    With pictures and title music from James bond films the manager sought itself to join in the faithful ones of the former cult company from Santa Cruz for fight for property.

    Sorry, but Darl is no 007. If I had to cast him in a James Bond movie he would be something like "henchman #7 who gets shot by his own soldiers and falls off a banister to hang by his neck in front of James Bond." If he were even able to be given a name such as "Odd Job" or "Goldfinger", Darl's name would be "Ass Hat" or something like that.

    --
    --Chag
    1. Re:00-nought by sharkey · · Score: 1
      Sorry, but Darl is no 007.

      Is that what the kid from the Goonies grew up to become?

      --

      --
      "Outlook not so good." That magic 8-ball knows everything! I'll ask about Exchange Server next.
    2. Re:00-nought by Picass0 · · Score: 2, Funny

      Dr. Evil - Gentlemen welcome to my underground lair. Its been 30 years but I'm back. Everything's gone perfectly to plan except one small flaw. Due to a technical error by my henchman Darl complications arose in the unfreezing process.

      Darl - My design was perfect.

      Dr. Evil - Look what you did to Mr. Bigglesworth.

      Darl - But Dr. Evil we were unable to anticipate feline complications due to the reanimation process.

      Dr. Evil - Silence. Let this be a reminder to you all that this organization will not tolerate failure.

      (trap door opens)

      Darl - Ahhhhhh.

      Dr. Evil - Gentlemen, lets get down to business.

      Darl - Ahhhhhh.

      Dr. Evil - We've got a lot of work to do.
      Darl - Someone help me. I'm still alive only I'm very badly burned.

      Dr. Evil - Some of you I know some of you I'm meeting for the first time.

      Darl - Hello out there. Anyone. Can someone call an ambulance, I'm in quite a lot of pain.

      Dr. Evil - Ok, you've all been gathered here to form my evil cabinet...excuse me. Yes he's down there.

      Darl - If somebody could open the retrieval hatch down here I could get out. See I designed this devise myself...Oh, Hi, Good. I'm glad you found me listen, I'm very badly burned so if you could just...You shot me.

      Dr. Evil - Ok, moving on.

      Darl - You shot me right in the arm, why did...

      Dr. Evil - Right, Let me go around the table and introduce everyone.

    3. Re:00-nought by NaugaHunter · · Score: 1

      So, where do we inform the FBI that he publicly showed MGM's property without permission? Does he think those warnings when you put in the disc are just a GPL and can be ignored?

      --
      R: That voice. Where have I heard that voice before? B: In about 365 other episodes. But I don't know who it is either.
    4. Re:00-nought by Kjella · · Score: 1

      Sorry, but Darl is no 007. If I had to cast him in a James Bond movie he would be something like "henchman #7 who gets shot by his own soldiers and falls off a banister to hang by his neck in front of James Bond." If he were even able to be given a name such as "Odd Job" or "Goldfinger", Darl's name would be "Ass Hat" or something like that.

      Yes, but he'd make an excellent Austin Powers III bad guy. Or maybe SCO is trying to make a parody of them...

      Kjella

      --
      Live today, because you never know what tomorrow brings
    5. Re:00-nought by canajin56 · · Score: 1

      He had MGM's permission. When you assume you make an ass out of Ume. And Ume hates that.

      --
      ASCII stupid question, get a stupid ANSI
    6. Re:00-nought by NaugaHunter · · Score: 1

      a) Since he has exhibited a clearly warped since of copyright law, it was more of a deduction than an assumption. The article gave no information either way.

      b) It also was an oblique reference to the MPAA/RIAA stance of attacking individuals over large pirating groups which SCO emulated with their licensing Linux emails, with a slight nod to annoyance the warnings on every movie have become.

      --
      R: That voice. Where have I heard that voice before? B: In about 365 other episodes. But I don't know who it is either.
  63. Google Those Comments! by duplicate-nickname · · Score: 1

    Here what one of the searches comes up with.

    --

    ÕÕ

  64. Naturally,.. I've only read the comments but! by stewwy · · Score: 1

    If thats the basis of their arguments 1. How many ways can you say 'to maintain Compatability' 2. How many ways can you say I'm changing some names 3. and so on all without sounding like an idiot, and remember geeks unlike lawyers prefer their words to be comprehensible, relativly unambiguous and above all to make sense! or to sum up ; calling a 'fish' a 'fish' does NOT mean I'm calling 'your fish' 'my fish'

  65. It's all been done... by Cap'n+Canuck · · Score: 1

    ...to quote the Barenaked Ladies...

    The "just change the variable names" comments remind me of a little story...

    There was a case a way back when, where a disgruntled employee from Cadence stole some code and ran off to a competitor (Gerry Hsu's Avant!). Naturally, Cadence was mad, and spent a lot of time and effort making sure that Gerry didn't get any money from the code.

    However, Gerry is/was a weaselly guy, and did manage to make a bundle. He even managed to run the code through a "clean room", and try and convince a judge that any versions of the code AFTER they had gone through the room were legit, all the while maintaining his innocence in the matter. But the judge didn't buy it. Stolen code is stolen code.

  66. Hang on a minute - that's not from IBM by Coppertone · · Score: 1, Interesting

    Take a look at the comment of the "alledge" dodgy code: /* $Id: ate_utils.c,v 1.1 2002/02/28 17:31:25 marcelo Exp $
    *
    * This file is subject to the terms and conditions of the GNU General Public
    * License. See the file "COPYING" in the main directory of this archive
    * for more details.
    *
    * Copyright (C) 1992 - 1997, 2000-2002 Silicon Graphics, Inc. All rights reserved.
    */

    Hmm... So maybe they ain't going after the right company after all?

  67. Not really. by eddy · · Score: 1

    They haven't hidden any snippet of code. They obfuscated a comment in their own code using a greek font because they probably want to keep all of their codebase secret. I don't understand why they didn't just snip it out, it couldn't possibly be that they feel a moral obligation to "quote in full".

    Again, the obfuscated part is their own "code". it certainly isn't in the linux kernel.

    --
    Belief is the currency of delusion.
    1. Re:Not really. by brotherscrim · · Score: 1

      they didn't snip it out because by obfuscating their comment, and using the same red font for the actual linux code that they used for the comment comparison above it, they give the casual observer the impression that the greek text is the same thing as the red linux code opposite it - inother words, they make it look like both comments AND code have been copied in this place, and SCO doesn't want to reveal "their IP."

    2. Re:Not really. by C_nemo · · Score: 1

      lets say i write something on carbon paper (SCO "IP"), and then give you the copy, and then claim that your copy is the copy of my original writing. Then I show it to a bunch of people, how can i claim to keep my original writing a secret?

      nitpicking, but anyway... if they show the allededly copied Linux code, what good is it to hide theire own code?

  68. I am a 30-second troll! 29, 28,27... by Anonymous Coward · · Score: 0

    That's not true. Taco's not much of a coder, either!

  69. SGI by PiGuy · · Score: 0, Redundant
    It seems SGI claims a copyright on this code (in ate_utils.c):
    *
    * Copyright (C) 1992 - 1997, 2000-2002 Silicon Graphics, Inc. All rights reserved.
    */
    I'm surprised SCO hasn't started after them yet....
  70. Deciphered "code" by Anonymous Coward · · Score: 0

    Is actually just a bunch of comments.

    *
    * As part of the kernel evolution
    * toward modular naming, the
    * functions malloc, and mfree are being
    * renamed to rmalloc and rmfree.
    * Compatibility will be maintained by
    * the following assembler code:
    * (also see mfree/emfree below)
    */

    It was just the Greek alphabet.

  71. Darl by Anonymous Coward · · Score: 0

    Bite my shiny metal ass!

  72. This code was apparently donated by Caldara (SCO) by m.dillon · · Score: 4, Informative
    From the linux-kernel list, the code was apparently donated by Caldara under the BSD license in 2002. Here are the references.

    Start of Thread

    Conclusion

  73. It's HP's fault this stupid code is in there. by echo · · Score: 5, Informative

    Check this out

    patch@hp.com according to bitkeeper.

    Also, this has been removed in 2.6, mainly because it was a stupid implementation.

    1. Re:It's HP's fault this stupid code is in there. by Anonymous Coward · · Score: 0

      Uhm... so HP contributed code that SGI claimed copyright on?

      Now that's bizarre....

    2. Re:It's HP's fault this stupid code is in there. by gotan · · Score: 2, Interesting

      Interesting that HP is one of the companies SCO is so cozy with (the other one is sun), maybe HP even had the rights to distribute that code. Nevertheles the copyright is SGI. But what probably really happened was that HP submitted a whole bunch of code developed in the Trillian project in cooperation with others (Caldera for example) and the snippet was just part of a huge patch.

      --
      "By the way if anyone here is in advertising or marketing... kill yourself." -- Bill Hicks
    3. Re:It's HP's fault this stupid code is in there. by 6079_Smith · · Score: 5, Funny

      So to sum it up: SCO sued IBM, because HP comitted a patch copied by SGI from an old Bell Labs Unix, which was released under a BSD license by SCO. Seems like Sun are the only ones not involved. That's probably the reason they bought one of those Unix licenses from SCO, just to be part of the picture.

    4. Re:It's HP's fault this stupid code is in there. by p1nko · · Score: 1

      You forgot to mention the Freemasons who are obviously behind the whole thing.

      t

      Who controls the british crown?
      Who keeps the metric system down?
      We do! We do!
      Who leaves Atlantis off the maps?
      Who keeps the Martians under wraps?
      We do! We do!
      Who holds back the electric car?
      Who makes Steve Gutenberg a star?
      We do! We do!
      Who robs cavefish of their sight?
      Who rigs every Oscar night?
      We do! We do!

  74. copyright info - grep'ed imho.jpg by ByteEnable · · Score: 1

    /* $Id: ate_utils.c,v 1.1 2002/02/28 17:31:25 marcelo Exp $
    *
    * This file is subject to the terms and conditions of the GNU General Public
    * License. See the file "COPYING" in the main directory of this archive
    * for more details.
    *
    * Copyright (C) 1992 - 1997, 2000-2002 Silicon Graphics, Inc. All rights reserved.
    */

  75. Heise _is_ an open-source friendly news outlet by bazongis · · Score: 2, Informative

    Heise is not a very open-source friendly news outlet. So take this with a grain of salt.

    I don't have the slightest idea what you base that on.

    Heise (who publishes c't magazine and iX magazine) is a very open-source friendly news outlet. Just have a look at a couple of months' worth of magazine covers and you will see that immediately. And if you still don't feel quite convinced, you might want to read the 'heise online' news ticker - even the worst babelfish translations will still make it blatantly obvious that they are very open source friendly.

  76. Re:Official notice by ajs318 · · Score: 1
    In fact it is neither of the three.
    How can it be neither of three? It can be neither of two, or none of three, but it can no more be neither of three than it can be the latter of three.
    --
    Je fume. Tu fumes. Nous fûmes!
  77. Don't forget spelling... by DaHat · · Score: 3, Funny

    Most know that... one must also remember to make sure the spelling is correct, teachers often get wise when two students make the same spelling mistake

    1. Re:Don't forget spelling... by Anonymous Coward · · Score: 0

      Most know that... one must also remember to make sure the spelling is correct, teachers often get wise when two students make the same spelling mistake

      They also tend to get wise when two assignments have the same name on top. Yes, I did actually see that in back in one of my engineering undergrad classes.

    2. Re:Don't forget spelling... by Moofie · · Score: 4, Funny

      What about those of us who don't make spelling mistkaes?

      --
      Why yes, I AM a rocket scientist!
    3. Re:Don't forget spelling... by Sique · · Score: 3, Funny

      Interestingly though "mistkaes" means something like dung cheese in German ;)

      --
      .sig: Sique *sigh*
    4. Re:Don't forget spelling... by Moofie · · Score: 5, Funny

      I guess I shouldn't be surprised that there exists a "dung cheese" in German cuisine, but I am repulsed.

      Thanks for sharing. : )

      --
      Why yes, I AM a rocket scientist!
    5. Re:Don't forget spelling... by Elm+Tree · · Score: 1

      I knew two girls who had the same first and last names, and their middle names started with the same letter. And somehow they were assigned "random" student numbers 1 appart. The trouble that caused for Profs... :)

    6. Re:Don't forget spelling... by Anonymous Coward · · Score: 0

      We once had a student who turned in an assignment with "You need to put your name here, Bob (not his real name)" in the comments for every function.

      See, we required them to put their name (and the date, purpose, etc.) in the comments for each function and the person who wrote his code for him helpfully made a note of that.

      The moron didn't even read the code before handing it in.

    7. Re:Don't forget spelling... by JourneymanMereel · · Score: 1

      And it also might be wise to insert your own non-crucial spelling error. Just make sure it's nothing too obvious and don't do it too often (you probably won't get marked down from one well placed spelling mistake, but if everything is misspelled it looks really bad).

      The truth is, often times it's more work to copy somebody else's work and try to make it look like your own than to just do it yourself in the first place. Try it sometime; not only do you get the satisfaction of actually doing something on your own, but you might actually learn something, too (though I admit, there are some classes where you won't).

      --
      Life has many choices. Eternity has two. What's yours?
    8. Re:Don't forget spelling... by Anonymous Coward · · Score: 0

      And it also might be wise to insert your own non-crucial spelling error. Just make sure it's nothing too obvious and don't do it too often (you probably won't get marked down from one well placed spelling mistake, but if everything is misspelled it looks really bad).

      I'm proud to say that I helped my girlfriend get through intro compsci (last computer course she ever took!) by writing two completely different programs for each homework assignment we had - one for me and another for her. Different variables, different approaches, different capitalization, algorithms, everything :-) Never got caught, knock on wood.

      Yes, I'm posting as an AC. I need this post to be the most A AC post that's ever been posted:-)

    9. Re:Don't forget spelling... by Apiakun · · Score: 0, Flamebait

      Pumpkin eater!

    10. Re:Don't forget spelling... by Anonymous Coward · · Score: 1, Insightful

      As long as the mistakes are consistent the computer doesn't care.

      My favorite time was when a professor noticed I mispelled a variable name but did it through out the program. Umm, I mispelled it so you'd know if any student copied my code and didn't do their own work. Good idea was his reply.

    11. Re:Don't forget spelling... by Anonymous Coward · · Score: 0

      Only one of them could. That caused problems for the frat boys.

    12. Re:Don't forget spelling... by hesiod · · Score: 1

      > Interestingly though "mistkaes" means something like dung cheese in German

      It would be mist Kase, "kaes" doesn't mean anything :)

    13. Re:Don't forget spelling... by Anthem.uxp · · Score: 1

      Is it flavour or flavor ?

    14. Re:Don't forget spelling... by Sique · · Score: 1

      No, according to the Duden (German's Webster or Oxford dictionary) it's "Kaese" (because umlaut-a gets translated to 'ae' if no umlauts are available. Historically the umlaut-a was an 'a' with a small 'e' on top. This got later reduced to two dots due to the sloth of the writers.). 'Kaes' is a regionally used pronounciation for 'Kaese', mostly used in the southern parts of Germany. 'Dr Kaes is gesse' = 'Der Kaese ist gegessen' = 'The cheese has been eaten' is a hessian proverb for 'It's too late now'.

      --
      .sig: Sique *sigh*
    15. Re:Don't forget spelling... by hesiod · · Score: 1

      I understand the history of the umlaut, although I didn't know it was an e, I thought the umlaut-a to ae was just to make it easier on english-speakers.

      By calling kaes a regional word, isn't that like saying "ain't" and "yuns" are real words in Southern-American dialect? I'm not arguing that it's a word, just that it's not technically a word in modern Deutsch.

      Just arguing FTFOI, since no one will be reading this old thread any more :)

  78. Symbol section irrelevent. by Daniel_Staal · · Score: 1

    From a quick look I'd guess the symbol section is irrelevent, and was put in symbol to keep people from accidentally reading it. (Or just to help them ignore it.) The important parts are in regular english.

    --
    'Sensible' is a curse word.
  79. From my previous post by Markos · · Score: 1

    From this thread
    This goes at least as far back as 1982 and is under a BSD license. Nothing to worry about here.
    subr_rmap.c [pdp11.org.ru] 1.2 (2.11BSD GTE) 12/24/92

    1. Re:From my previous post by ttyRazor · · Score: 1
      From the site you found that file on

      What is the copyright/ownership status of these old versions of Unix?

      The Santa Cruz Operation (SCO) own (at least): Unix research editions 1 to 7, PWB/UNIX, Mini-UNIX, 32V, System III and System V. Those parts of 2.xBSD which are derived from SCO's stuff is also copyright by SCO. Non-derived parts of anything are owned by someone else (e.g the Regents of the University of California for the BSD stuff).

      None of the stuff owned by SCO is freely available, nor is it in the public domain. You must still be covered by a Unix source license in order to have legal access to this material. However, you can obtain a UNIX source for free from SCO's web site.


      Dunno what that means exactly, but doesn't look favorable :/
  80. DMCA? by wonkamaster · · Score: 1

    If SCO believes that the GPL isn't a valid license, then the Linux sources remain implicitly copyrighted by the authors. Wouldn't the posting the Linux source by SCO here be a violation of the DMCA and/or copyright infringement?

    I'd love to see SCO get nailed for that!

  81. So what now? by Lord_Dweomer · · Score: 1
    Assuming we can now debunk SCO's claim that these bits of code are theirs, what legal recourse do Linux users and everybody else who SCO was trying to get money out of have against SCO?

    --
    Buy Steampunk Clothing Online!
  82. SGI to be dragged in? by PipianJ · · Score: 1

    From a cursory look at the actual kernel code... Did anyone note the tag:

    Copyright (C) 1992 - 1997, 2000-2002 Silicon Graphics, Inc. All rights reserved.

    So why is IBM to blame for generic code that was put in the kernel by another company?

    1. Re:SGI to be dragged in? by Ian+Lance+Taylor · · Score: 2, Informative

      IBM is clearly not to blame. But remember that IBM's disputed contributions to Linux were not written by SCO and are not part of SCO's Unix. The fact that they got into Linux may give SCO a claim against IBM for violating contract, but they don't give SCO any clear IP rights to Linux. SCO wants IP rights to Linux for their Linux licensing program. SCO is showing this similar code to argue that code was copied directly from Unix to Linux, thus giving SCO IP rights to Linux, and thus justifying the Linux licensing program.

  83. dosen't they suposed to be equal??? by bogado · · Score: 1

    If SCO is claiming that the sources are stollen, why the need to scramble, the scrambled source should be the same on in the source code in the linux side. Or maybe they are claiming that the "code" stollen is actually the comentary.

    --
    []'s Victor Bogado da Silva Lins

    ^[:wq

  84. Why remove a line of comment by cjcormack · · Score: 2, Insightful

    Surely if Linux copied it from SCO why would they remove the line of comment "The swap map unit is 512 bytes", surely someone copying would add a line of comment when understanding what the stollen code had done?

  85. This makes it public, AFAIK by arth1 · · Score: 1

    (Mod the parent up, please)

    Since Sys 7 *was* released to the public by Caldera, while System V wasn't, if this code was inherited to System V from Sys 7, it does indeed mean that the code was free, and used by BOTH SCO and Linux.

    Even if copied from System V code (by SGI, it seems) into Linux, there's no copyright infringement if the System V code was the same as the earlier and public Sys 7 code.

    You can't take something that's public, slap a copyright on it, and then claim ownership. Unless the cat belongs to Schroedinger, it's already out of the box.

    If this is the quality of the "proof" that SCO has, they sure are going down.

    Regards,
    --
    *Art

    1. Re:This makes it public, AFAIK by mark_lybarger · · Score: 1

      have you taken a look lately at a King James Bible? Every company that prints it claims to own copyright to it. I think how it boils down is that the printing companies own the copyright to their particular instance of it, but not the content in general.

    2. Re:This makes it public, AFAIK by shepd · · Score: 1

      >You can't take something that's public, slap a copyright on it, and then claim ownership.

      Hmmm, then I can post ftp and ping from windows here without any fear of M$ wrath? Nice!

      --
      If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
    3. Re:This makes it public, AFAIK by Dr+Caleb · · Score: 1
      Unless the cat belongs to Schroedinger, it's already out of the box.

      Is that part of the Chewbacca defense?

      --
      "History doesn't repeat itself, but it does rhyme." Mark Twain
  86. WHERE IS THE PRESS?!!! by Chordonblue · · Score: 2, Insightful

    Ok, the press has had a field day with headlines like, "SCO Shows Code To Millions Of Awed Onlookers". Well, now it's time to step up and have some truth in reporting.

    Let's try and get some of the mainstream press to look into this and put SCO's feet to the fire. I'm so tired of this bullshit.

    --
    "...Well, there's egg and bacon; egg sausage and bacon; egg and spam; egg bacon and spam; egg bacon sausage and spam..."
    1. Re:WHERE IS THE PRESS?!!! by bryanthompson · · Score: 1

      the dominant story in the us right now is the bombing of a UN building in Iraq.

      I'm sorry to say, that unless tech news has the words Microsoft, virus, or Hack in it (sometimes all three), it won't even get back page coverage. TechTV may have something about it, but it'll be most likely a combination of comments Leo read on Slashdot.

    2. Re:WHERE IS THE PRESS?!!! by Chordonblue · · Score: 1

      I suppose by 'press' I was referring more to the news.com.com / infoworld.com variety of tech news. But you have a point. Some things do need to be put into perspective. :/

      --
      "...Well, there's egg and bacon; egg sausage and bacon; egg and spam; egg bacon and spam; egg bacon sausage and spam..."
  87. It's not translation by Anonymous Coward · · Score: 0

    It's transliteration, you insensitive clod!

  88. Sorry, it was probably hearsay. by Ayanami+Rei · · Score: 1

    I was basing that on past accusations of Heise being very pro-microsoft and linux critical (not OS in general). Since I don't speak German I can only go by what others say.

    The Register, it ain't. And that's probably a good thing.

    --
    THIS THING CAN TURN ON A DIME, MACROSSZERO STYLE ALSO FUCK BETA, ~NYORON
  89. SGI Code by lexsco · · Score: 0, Redundant

    From the comments at the top of the file

    /* $Id: ate_utils.c,v 1.1 2002/02/28 17:31:25 marcelo Exp $
    *
    * This file is subject to the terms and conditions of the GNU General Public
    * License. See the file "COPYING" in the main directory of this archive
    * for more details.
    *
    * Copyright (C) 1992 - 1997, 2000-2002 Silicon Graphics, Inc. All rights reserved.
    */


    So, this is code that originally came to Linux from Silocon Graphics via IBM. This is the derivative code that SCO claims infringes the UNIX license.

    This is just SCO staking claim to other peoples work - The Bastards

  90. Umm..... by Anonymous Coward · · Score: 0

    Maybe it's just me, but perhaps SCO copied this code from linux and claimed it was in their OS all along. Since it's closed source, nobody can look at any kind of code history.

    so far nothing they have claimed is in any way substantial. who is to say that this code is even _in_ SCO Unix? they are only showing prepared docs, not compilable source code that matches crc checks of existing SCO kernels. that's what it would take to begin to convince me.

  91. Interesting by Anonymous Coward · · Score: 0

    That code is everywhere

    alk.

  92. No. by Anonymous Coward · · Score: 0

    No, and it is said to be gone in 2.5

  93. Comments ... by valkraider · · Score: 1

    There is nothing wrong with having the same comments.

    --- I was going to try and be witty (gasp!) and post the same comment.. .hehe - but Slashdot picks up that with it's lameness filter:

    This exact comment has already been posted. Try to be more original...

    So oh well. Oh, and I don't think the parent is exactly flamebait - I mean, do we really consider the code comments to be an integral part of the *code*?

    I guess it does hold some merit though - as they are a part of the work as a whole... We may never know...

  94. Careful there by jhylkema · · Score: 1

    You're dangerously close to starting an editor flamewar.

    1. Re:Careful there by Anonymous Coward · · Score: 1, Funny

      What's there to argue? He suggested using the correct editor after all...

    2. Re:Careful there by Spam+Bandito · · Score: 1

      Well, he did forget the 'm' on the end...

      --
      Krama: Exlnelect (msltoy affteced by rreesceahrs at Elgisnh uetnirisvys)
  95. return 0 by Peredur · · Score: 1

    gonna have to sue them on this one. I have been using return 0 in my programs for years.

  96. Beautiful quote! by Hoser+McMoose · · Score: 1

    Ohh this is just too perfect. To quote Manfred from the above linked messages:

    "P.S.: I'd propose that the GPL rule that a change must be tagged with the name of the \
    person who changes (or adds) a file is enforced - atealloc.c is only tagged with \
    "SGI", thus I don't know who should be shot for writing that."

    Looks like SCO is the one he should be shooting! :>

  97. Lets DoS SCO! by Anonymous Coward · · Score: 0

    By clicking this link, you give huge support for all the Linux users.

    http://www.nwps.ws/pub/sco.jpg

    (OK, seriously, if you're using IE, dont clink it. ;))

  98. Rocket Scientists? by Anonymous Coward · · Score: 0

    I'd say SCO "rocket scientists" are probably the same guys who mixed up miles and kilometers and smashed a Mars probe.

    Apparently SCO "rocket scientists" are also too stupid to do basic fact checking and find out this goes back to BSD.

    Sir, I know rocket scientists. Rocket scientists are friends of mine. You are no rocket scientist.

  99. ia64?? by Alan+Partridge · · Score: 0, Troll

    Who cares? No-one USES ia64!

    Just remove it completely and see how many end users notice...

    --
    That was classic intercourse!
  100. LWN Overview by saspengiun · · Score: 4, Informative

    Check out the history good overview History

    1. Re:LWN Overview by h4x0r-3l337 · · Score: 1

      If I had moderation points right now, the parent would get 'em...

  101. Why is everyone fixated on the kernel source code? by czei · · Score: 5, Interesting

    The actual source code in question isn't of primary importance at this point since the main SCO complaint is against IBM, and IBM's source code is in the Linux source tree because they donated it. Its public knowledge that IBM donated code to Linux, and SCO is just showing the code to selected neophytes for shock value. "SCO showed me source code from Linux and System V, and THEY WERE THE SAME! I'm shocked! IBM must be guilty".

    SCO may eventually make other claims that all of Linux is their stolen property, but for the time being the focus should be on IBM, and in that case looking at the code does nothing but provide FUD fodder for clueless news outlets. The headlines will read "Industry analyst says lines of code are the same, SCO up 3 points".

    The real issue here is this is a licensing dispute between two software companies, and it says nothing of value about the open source development process or Linux. Its in SCO's interest to bring these broader issues into the picture in order to put pressure on IBM to settle, but DON'T TAKE THE BAIT!

  102. SGI/IBM by h4x0r-3l337 · · Score: 1

    The supposed original sourcefile that was referred to in the summary is "Copyright SGI". So why is SCO suing IBM?

  103. Now you did it... by twoslice · · Score: 0

    The spooks are after your now for violating the DMCA!

    --

    From excellent karma to terible karma with a single +5 funny post...
  104. to the contrary.. by renard · · Score: 1
    Have SCO really so poorly researched these examples that this is the best they can show us?

    To the contrary! It is clear that SCO has very excellently researched these examples, and these are the best they can come up with.

    Already gone from the kernel, too. Oh, boohoo.

    -renard

    1. Re:to the contrary.. by Trepalium · · Score: 1

      Except if this is their proof that IBM did bad things, then they're going after the wrong company. SGI copyright notices were stamped all over this file. It's quite possible this originated from old BSD, but unfortunately, it was removed in 4.4BSD-Lite, so it's likely it was one of the tainted files... The fact something like this made it into the kernel at all is a little surprising.

      --
      I used up all my sick days, so I'm calling in dead.
  105. It's been removed from 2.5 and 2.4 by gotan · · Score: 1

    The relevant histories of ate_utils.c for 2.4 and 2.5.
    Apparently the code was removed because it was "ugly as hell" (or worse).

    --
    "By the way if anyone here is in advertising or marketing... kill yourself." -- Bill Hicks
  106. So they copied a 'comment' then? by snatcheroo · · Score: 0

    So they copied a 'comment' then? Which is naturally intellectual property since the 'idea' of expressing English has been patented by SCO. :P I want to see ALL of the code they say is stolen

  107. It is a wonderful day, but don't celebrate yet by EmagGeek · · Score: 5, Insightful

    It is so great that everyone here in the /. community is so on top of this. It's great that so many of you know where to look to find the true origins of the "stolen" code, that by today's evidence, is obviously not stolen.

    However, this is not yet the time to celebrate. SCO is claiming 829,000 lines of code was "stolen" from SMP code alone. Of course this is probably ridiculous, but a screen shot of some comments from the late 70's only shows that those particular comments were not stolen.

    There is still a lot of work to do. Mr. McBride is creating so much work because for each claim of copyright, the onus is going to be on the linux community to find the origins and prove the allegations wrong. SCO is only going to present SCO code that was supposedly 'written' before the linux code. Their entire offense is going to rest solely upon the fact that they have a plaintext file with an earlier date than the linux kernel's corresponding code file.

    The work is going to be on our backs to locate even older code that SCO's predecessors used to write SYS V. I would raise the bar as well and go so far as to attempt to show that SCO's code was itself misappropriated.

    We are just now starting to see how much work we have in front of us, and believe me, that mountain of work is only going to get larger. But, as with the development of linux itself, there are millions of developers across the globe that will be able to find evidence to refute each and every one of their fraudulent and baseless claims.

    1. Re:It is a wonderful day, but don't celebrate yet by nightsweat · · Score: 1
      One would hope the inevitable dismissal of their claims will be accompanied by an award to the Linux community for the harrassment.

      Ah, who am I kidding? One way or the other, Bill Gates gets a sailboat out of this.

      --

      the major advances in civilization are processes which all but wreck the societies in which they occur - A.N. White
    2. Re:It is a wonderful day, but don't celebrate yet by poot_rootbeer · · Score: 1

      a screen shot of some comments from the late 70's only shows that those particular comments were not stolen.

      It also demonstrates that SCO's methodology for ascertaining which parts of the code are infringing is imperfect to say the least. That weakens their claims against infringement in other parts of the code.

    3. Re:It is a wonderful day, but don't celebrate yet by DancingSword · · Score: 1

      Ah, but once their claims are filed in court, perhaps someone could publish a web-site with all the filed documents ( indexed ) online, like wikipedia.org, except with us contributing to it by linking to the original source.

      being Divisor & Konqueror, if you see what I mean: attacking it fractally.

      This way, the IBM lawyers would have only to check ( much of the time ) what the attacked open-source community had given them, rather than having to do all the leg-work, and since the information-fishing would be done by the people in the stuff, it'd be more likely to be without weak-points, not-to-mention quick enough to keep-up with the profusely manufactured attack..

      A network ( neural-net ) is harder to take-out than a digital-sequential logic, eh?

      --
      Messages to/for me ( in me journal )
    4. Re:It is a wonderful day, but don't celebrate yet by WCMI92 · · Score: 1

      "There is still a lot of work to do. Mr. McBride is creating so much work because for each claim of copyright, the onus is going to be on the linux community to find the origins and prove the allegations wrong. SCO is only going to present SCO code that was supposedly 'written' before the linux code. Their entire offense is going to rest solely upon the fact that they have a plaintext file with an earlier date than the linux kernel's corresponding code file."

      Wrong.

      Even in a civil proceeding, it's the legal obligation of the ACCUSER, not the accused to prove their claim.

      SCO will have to prove that there is identical code, that it was stolen, that it is theirs, and that their use of the GPL doesn't invalidate their claims.

      SCO has to prove the code was stolen. It's nearly inpossible to prove a negative, and without them telling anyone WHAT they claim was stolen, it's quite completely impossible.

      Which is why SCO will probably lose ANY hope of damages from copyright infringement. In infringement cases, they have to specify WHAT is stolen. They have to allow the infringement to be ceased. Damages would come from Linux developers NOT removing the infringing code.

      Instead, SCO wants to keep the code secret so the infringement MUST continue, so they can use FUD to sell licenses that most likely no one needs.

      This is why SCO hasn't even FILED a copyright infringement suit. Their current suit is purely about breach of contract with IBM. However, the Red Hat countersuit relates DIRECTLY to their copyright claims, and it will force SCO to put up or shut up on their infringement claims.

      My guess it's the latter.

      --
      Corporatism != Free Market
    5. Re:It is a wonderful day, but don't celebrate yet by Anonymous Coward · · Score: 0
      Mr. McBride is creating so much work because for each claim of copyright, the onus is going to be on the linux community to find the origins and prove the allegations wrong.
      No, because of common-sense credibility concerns. Initially, I could give SCO the benefit of the doubt -- not that their allegation was correct, but at least that they were acting in good faith. So it made sense to take them seriously and eagerly await presentation of the facts.

      But now they have credibility approximately equal to the Weekly World News. If they have anything else to say, the onus is on them. It is not worth the effort to check to see if the latest story about BatBoy is true. Give me BatBoy.

      It's over. The SCO-vs-Linux conflict is over, except for the mop-up (i.e. the fraud sentencing).

    6. Re:It is a wonderful day, but don't celebrate yet by EmagGeek · · Score: 1

      You know, I've seen some good ideas before, but I think this one takes the cake. This would be a fantastic way for the IBM lawyers to rack up the billable hours and give a little $$ back to the community.

      Paralegals get billed out at around $50/hr I think, and get paid about $20/hr... I'd be happy to do research for $20/hr and let IBM make some money off of me - if it meant pummeling SCO into a green ooze...

    7. Re:It is a wonderful day, but don't celebrate yet by EmagGeek · · Score: 1

      You missed my point.

      Of course the burden of proof is on the accuser - but what SCO is going to do is present THEIR FILES that have a date preceding the linux kernel. That would probably be sufficient proof in a civil case because the jury will buy it.

      That is what they are going to offer as proof, and it will be the responsibility of the linux community to refute that proof.

      You do make a valid point about the suit against IBM. They have not (yet) filed a copyright suit because that would require them to furnish the code during the discovery phase of the trial - and also immediately notify everyone of the infringing code in exercise of their due diligence to stop the infringement.

      However, what they are doing to USERS now is directly related to the copyright claims. They are using the claim of copyright (an unproven assertion) to intimidate people into giving them money (extortion). They are also artificially inflating their stock price so they can profit from the propagation of wilfully false information. So, there is indeed an immediate copyright issue to deal with - and it will have to be dealt with at some point or another.

    8. Re:It is a wonderful day, but don't celebrate yet by AtariDatacenter · · Score: 1

      I too have to disagree. (Or was this a straw man argument?) Allegedly, they were carefully guarding this critical evidence that Linux source was copied from them. When exposed to the light, that claim was shown to be a fraud.

      This raises the bar, at least in the court of public opinion, of what they need to do in order to make a credible claim. Their latest claim, that millions of lines of code are copied, seems to be like a legal tactic of piling on every possible accusation you can make, credible or not.

      For example, I think it is likely that they went through all the lines of the SCO source and grepped for them in a Linux tree. "Oh, look! We have millions of lines of stolen intellectual property!!!"

    9. Re:It is a wonderful day, but don't celebrate yet by praedor · · Score: 1

      You could consider this a very small (yet significant) sampling of their entire code collection that they claim infringes. As these published snippets are totally illegitimate one could reasonably infer that the bulk of the rest of the code SCO claims is equally illegitimate. Sure, it would be better to see a few other random snippets to get a better sampling.


      If this is an indication of their "case" then they are well and truly hosed and they have to be hoping for time in which to artificially jack up their stock price. They are seeking to bury the opposition in "paper" (buttloads of code) that will they hope will take a good deal of time to vett, during which time they will milk it for all the extortion money they can manage.

      --
      In Bushworld, they struggle to keep church and state separate in Iraq as they increasingly merge the two in America.
    10. Re:It is a wonderful day, but don't celebrate yet by cballowe · · Score: 1
      The work is going to be on our backs to locate even older code that SCO's predecessors used to write SYS V. I would raise the bar as well and go so far as to attempt to show that SCO's code was itself misappropriated.
      Hey man... if we (figurative - the community - I personally have no code in the kernel tree) can split up the work to write the kernel, we can certainly divide an conquer any little bit of code they might throw at us.
    11. Re:It is a wonderful day, but don't celebrate yet by pjrc · · Score: 5, Insightful
      It is so great that everyone here in the /. community is so on top of this.

      Some time ago, moderator points were scarce and usually fewer than 10 coments would end up at +5. Today, this popular article has already more than 50 comments moderated to +5, and quite frankly most of them are hardly "on top of this". Yes, a few are, but most are not.

      One mentions checking the linux CVS repository history, yet the Linus has never used CVS and only revently started using bitkeeper.

      Many posts stupidly suggest that this questionable code could have originated within linux and been copied by SCO. How stupid is that, when the code is from 1979 or possibly earlier?

      Many others point out that because it appeared in Berkeley BSD, it must be legit... yet the version of BSD it appears in was long before the settlement with AT&T/USL, and before the effort to rewrite all of AT&T's code.

      Now a few +5 posts (a small minority) insightfully point out that this code is within the two ancient unix sources that Caldera released with a BSD-style license within the last two years.

      But denying that the ancient unix is not the source, or incredibly that it could have originated in linux between 1991 to present and been copied by SCO into the code from teh 70's and 80's is just downright stupid.

      A moderation system where several such comments end up at "+5 insightful", thereby dilluting attention from the minority of +5 comments with good informtation is a vbery broken moderation system indeed.

      Hardly what I'd call "everyone here in the /. community is so on top of this". Replace "everyone" with "a few needles in the haystack of bogus +5 comments" and I'd agree.

    12. Re:It is a wonderful day, but don't celebrate yet by PitaBred · · Score: 1

      I'm just wondering when our country became one in which the onus of proof resides with the accused, not the accuser.

    13. Re:It is a wonderful day, but don't celebrate yet by fishbowl · · Score: 4, Interesting

      "A moderation system where several such comments end up at "+5 insightful", thereby dilluting attention from the minority of +5 comments with good informtation is a vbery broken moderation system indeed. "

      I'd change it to not cap the limit of moderation totals, certainly way higher than just "+5"...
      And then for the filter, I'd provide a logrithmic scale to filter the messages.

      --
      -fb Everything not expressly forbidden is now mandatory.
    14. Re:It is a wonderful day, but don't celebrate yet by Tsu+Dho+Nimh · · Score: 1
      "Mr. McBride is creating so much work because for each claim of copyright, the onus is going to be on the linux community to find the origins and prove the allegations wrong."

      You are soooooooo wrong. The onus is on the holder of the copyright to DEFEND it, and one of the first things they MUST do is show in a legal filing against the alleged infringer in a court with jurisdiction what they have that is copyrighted, and also show how the other work infringes on their copyright. SCO has less than two years to start filing ... they have wasted months with this drama queen performance toi drive up the stock prices instead of doing what copyright holders must do to defend their copyrights.

      I have been through the entire US copyright code, and several recent law school texts used in copyright courses, and they all start from the premise that the holder of the copyright has filed a complaint against the infringer, and is asking for legal relief and damages. None of them cover making threats, loudly and publically, against the end users to get them to pay for protection against some unspecified legal liability foir unspoecified violations of something SCO keeps referring to as their "intellectual property".

    15. Re:It is a wonderful day, but don't celebrate yet by Anonymous Coward · · Score: 0

      Now a few +5 posts (a small minority) insightfully point out that this code is within the two ancient unix sources that Caldera released with a BSD-style license within the last two years.

      You have to qualify that with the fact that ate_utils.c is older than Caldera's BSD license and doesn't include the required copyright tag. The only semi-reasonable explanation I've heard yet is that it comes from "The C Programming Language" Of course, that may only seem reasonable because I don't have a copy of the book to check out the similarities.

      All of the arguments FOR the code are fairly thin. If anything, the only positives are:
      (1) The code is trivial....so trivial that it was probably and honest mistake that it made its way into the kernel. There are plenty of free versions of malloc(), we don't need to borrow one from Unix. (2) This code was removed before SCO even claimed it was there. (3) Looking at the long history of this code you can see that the claims of trade secret status are just hot air. This super secret code was thrown out as leftovers by SCO/Caldera just a short while back. It's comical they would claim the code comes from SysV when it's OBVIOUS it comes from a version of Unix prior to SysV.

      So... While it does show that someone somewhere dropped the ball and let a trivial piece of Unix code get through, it also shows that there really isn't anything in Unix worth taking. SysV code in Linux is a complete sideshow. The real issue is whether or not IBM owns the technologies it has created. That's where the "millions of lines of code" claims come from...not SysV.

    16. Re:It is a wonderful day, but don't celebrate yet by mark-t · · Score: 1
      Mr. McBride is creating so much work because for each claim of copyright, the onus is going to be on the linux community to find the origins and prove the allegations wrong.
      After only a few more of these claims that have been leaked and publically and fully refuted, further claims would not be likely to be taken seriously.

      I would like to hope that all of them will be so easy to clear up, but I can't say I'm entirely confident of it yet.

    17. Re:It is a wonderful day, but don't celebrate yet by Lonath · · Score: 1

      Mr. McBride is creating so much work because for each claim of copyright, the onus is going to be on the linux community to find the origins and prove the allegations wrong. SCO is only going to present SCO code that was supposedly 'written' before the linux code.

      Yes, but. Don't you think that after they do this 10 times or so, that eventually a judge will tell them to STFU? I mean it's like you file a paternity suit, and you start dragging random guys into the DNA testing facility to find the daddy. I think that after a few misfires, the judge would throw it out.

    18. Re:It is a wonderful day, but don't celebrate yet by dvdeug · · Score: 1

      Of course this is probably ridiculous, but a screen shot of some comments from the late 70's only shows that those particular comments were not stolen.

      It shows that SCO is claiming a lot of code that isn't theirs. The one piece of code they chose to show, and it's not real.

      Mr. McBride is creating so much work because for each claim of copyright, the onus is going to be on the linux community

      In a court of law, the onus is going to be on Redhat or IBM (though I doubt that any judge is going to be amused about a long series of clearly fraudulent claims.) In the court of public opinion, they've cried wolf. It won't take many more cases like this before even the most deluded people realize SCO is full of it. Unless SCO can come up with serious evidence soon, no one is going to have to debunk them, because no one is going to believe them.

    19. Re:It is a wonderful day, but don't celebrate yet by horos2c · · Score: 1

      > The work is going to be on our backs to locate
      > even older code that SCO's predecessors used to
      > write SYS V. I would raise the bar as well and
      > go so far as to attempt to show that SCO's code
      > was itself misappropriated.

      yeah right. Sys I-VII are covered under a BSD-style license, as reported by lkml, bruce perens and others. Finding older code is irrelevant - if we can get there, we're fine.

      Now... what exactly do we need to prove?

    20. Re:It is a wonderful day, but don't celebrate yet by EmagGeek · · Score: 1

      I responded to another guy who didn't understand what I was trying to say before.

      SCO *will* "prove" their case - by presenting their code which has a prior date. My point was that, for a jury, _that will be enough_. Once the plaintiff makes their case, the defendant has the opportunity to refute their evidence, and that is what I was talking about.

      Sorry if I was unclear..

    21. Re:It is a wonderful day, but don't celebrate yet by bruthasj · · Score: 1

      Well at least you kept the slashdot tradition of misspellings and grammatical errors!

  108. SGI by BillKaos · · Score: 0, Redundant
    This fragment intrigues me:
    /* $Id: ate_utils.c,v 1.1 2002/02/28 17:31:25 marcelo Exp $
    *
    * This file is subject to the terms and conditions of the GNU General Public
    * License. See the file "COPYING" in the main directory of this archive
    * for more details.
    *
    * Copyright (C) 1992 - 1997, 2000-2002 Silicon Graphics, Inc. All rights reserved.
    */

    So far, the copyright holder seems to be SGI
  109. Hmm by Eudial · · Score: 1

    As the only thing in common (this far) is the comments, and the comments are simply ignored by the compiler (doesent affect the produced executable), then SCO can't claim to own of the linux kernel (when it is compiled), since their "intellecual property" (or whatever) isnt actually compiled.

    --
    GAAH! MY PRINTER IS ON FIRE!!! PUT IT OUT! PUT IT OUT!
  110. It's from the BSD and PDP11 sources by Jerry · · Score: 5, Interesting
    http://unix-archive.pdp11.org.ru/PDP-11/Trees/2.11 BSD/sys/sys/subr_rmap.c

    /*
    * Copyright (c) 1986 Regents of the University of California.
    * All rights reserved. The Berkeley software License Agreement
    * specifies the terms and conditions for redistribution.
    *
    * @(#)subr_rmap.c 1.2 (2.11BSD GTE) 12/24/92
    */

    #include "param.h"
    #include "systm.h"
    #include "map.h"
    #include "vm.h" /*
    * Resource map handling routines.
    *
    * A resource map is an array of structures each of which describes a
    * segment of the address space of an available resource. The segments
    * are described by their base address and length, and sorted in address
    * order. Each resource map has a fixed maximum number of segments
    * allowed. Resources are allocated by taking part or all of one of the
    * segments of the map.
    *
    * Returning of resources will require another segment if the returned
    * resources are not adjacent in the address space to an existing segment.
    * If the return of a segment would require a slot which is not available,
    * then one of the resource map segments is discarded after a warning is
    * printed.
    *
    * Returning of resources may also cause the map to collapse by coalescing
    * two existing segments and the returned space into a single segment. In
    * this case the resource map is made smaller by copying together to fill
    * the resultant gap.
    *
    * N.B.: the current implementation uses a dense array and does not admit
    * the value ``0'' as a legal address or size, since that is used as a
    * delimiter.
    */
    /*
    * Allocate 'size' units from the given map. Return the base of the
    * allocated space. In a map, the addresses are increasing and the
    * list is terminated by a 0 size.
    *
    * Algorithm is first-fit.
    */

    memaddr
    malloc(mp, size)
    struct map *mp;
    register size_t size;
    {
    register struct mapent *bp, *ep;
    memaddr addr;
    int retry;

    if (!size)
    panic("malloc: size = 0"); /*
    * Search for a piece of the resource map which has enough
    * free space to accomodate the request.
    */
    retry = 0;

    .....


    Which means that SCO is using BSD/PDP11 code. This is also part of the code they called "Ancient Unix", because it was old and obsolete, and posted it on the web. Initially they wanted a $100 "license" fee to download the code, but the number of takers were so few that SCO opened it up to free access. We're they hoping someone might copy some of the code into the Linux kernel? Some might suggest that this was their plan all along, but a lot of the Sys V code would require a "glue", as former SCO employee Christoph Hellwig put it, in order for the SCO code to work in Linux. That kludge would not pass lkrnl checking.

    --

    Running with Linux for over 20 years!

    1. Re:It's from the BSD and PDP11 sources by m.dillon · · Score: 1
      Caldara (aka SCO) gave the linux people this code under the BSD license. See my reference (reprinted below). Note that there is a link to a PDF in this reference which clearly states that the PDP code was given to the linux folks.

      Reference to Linux-Kernel posting

      SCO is screwed.

    2. Re:It's from the BSD and PDP11 sources by BiggerIsBetter · · Score: 1

      If that quote is accurate, they're talking about something that happened LAST YEAR. There's no way such a move would've made it under the radar.

      SCOX tanking in... 5... 4... 3... 2...

      --
      Forget thrust, drag, lift and weight. Airplanes fly because of money.
    3. Re:It's from the BSD and PDP11 sources by sukottoX · · Score: 1

      i bet that one guy who, years and years ago, wrote that comment for the very first time is sitting at some dumb terminal somewhere dark right now, reading this on lynx and saying "booyah"

    4. Re:It's from the BSD and PDP11 sources by Anonymous Coward · · Score: 0

      And still probably uses the vi 'hjkl' style of cursor navigation.

    5. Re:It's from the BSD and PDP11 sources by Anonymous Coward · · Score: 0

      And what's wrong with that?
      I always have.
      At least those keys are in the same place on most any laptops and my fingers don't need to leave their 'natural places' on the keyboard to navigate. Isn't that what vi is all about. Getting the most done with the least amount of finger key strokes?

  111. Not slander or libel by Veldcath · · Score: 2, Informative

    Um...

    Slander, noun
    1: the utterance of false charges or misrepresntations which defame and damage another's resputation
    2: a false and defamatory oral statement about a person

    Libel, noun
    1 a: a written statement in which a plaintiff in certain courts sets forth the cause of action or the relief sought
    1 b archaic: a handbill especially attacking or defaming someone
    2 a : a written or oral defamatory statement or representation that conveys an unjustly unfavorable impression
    2 b (1) : a statement or representation published without just cause and tending to expose another to public contempt (2) : defamation of a person by written or representational means (3) : the publication of blasphemous, treasonable, seditious, or obscene writings or pictures (4) : the act, tort, or crime of publishing such a libel

    Source: Merriam-Webster Dictionary ( http://www.m-w.com )

    It would seem to me that SCO is not speaking about an individual. If they swear to these examples under oath, as testimony, and if these examples turn out to be false then it may turn out to be purjury. But not Lible or Slander as those are against individuals (at least, according to the dictionary definition.)

    --


    ... "I read part of it all the way through." -- Movie Mogul Sam Goldwyn (and some slashdot readers)
  112. Shorting the stock? by Guiness17 · · Score: 1

    Is anyone else doing this? I figure it'll be back down under $1 inside of a year. The shitty part about shorting something is that even if it tanks, you can only make back what you invested!

    --
    Imagine for a moment a world without hypothetical situations...
    1. Re:Shorting the stock? by Anonymous Coward · · Score: 0

      You can't short sell SCO. No firms have any SCO stock you can borrow because it's been penny rated until recently (believe me I already tried).

  113. Fraudsters... by Manic+Ken · · Score: 1

    Ok. Since everybody can see that SCO are fraudsters, can *please* someone take them to court? PLEASE!! As raindog2 pointed out its old stuff(-79) and not SCO property. They must have known that. Just take the code and use google. Again, there is no way they didn't know that! Take em to court!

  114. Were any programmers present during the showing? by defile · · Score: 1

    Were they too dumbfounded to realize that the snippets of code were describing a very basic way of implementing malloc(), repeated in text books, by instructors, and appears in possibly millions of different software packages with similar comments and a similar algorithm used? If I were there I would have heckled them and walked out.

    The code could have easily come from a text book, and by the other comments here, it appears to have come directly from ancient UNIX. Which is no suprise, because this is one of the few algorithms that's generalized enough that it could be transplanted from ancient UNIX and still be relevant today.

    As I hear though:

    • The code is printed in Lion's Commentary on UNIX, 6th Edition. For much of its life this book used to be illegal, until in the mid-90s it was officially blessed by SCO, the current copyright holders of ancient UNIX, to be freely distributable. If this is the class of the line-by-line copied code, their case is ZERO.

    • The "offending code" appears in Linux v2.4, but is gone from Linux v2.6. It's not necessarily the best algorithm in all cases (as you might learn in a compsci class), probably it was just temporary and got the job done until something better came along.

    • The code itself appears in an earlier incarnation of BSD, but is no longer existant today. Probably removed for similar reasons.

    I'd say SCO has at best demonstrated massive incompetence, and at worse committed outright fraud.

  115. Boies skips SCOForum by bstadil · · Score: 1
    I think out "Friends" at Boies et al has started to see the light, if not the pathetic code selection shown at SCOForum

    Boies himself skipped the SCOForum despite being on the Agenda.

    --
    Help fight continental drift.
  116. ...assuming code was too. by burgburgburg · · Score: 2, Insightful
    That was SCO's plan. To get you to assume that because it seems that the two comments are practically the same that

    a) The Linux comment was copied from the System V code
    b) That the actual code involved was also copied
    c) That the actual code was copied from System V to Linux

    This in fact proves nothing.

    First, the comments are NOT exactly the same. Parts are, but a good section isn't. There is a whole additional component there in the System V part that SCO decided to mask.

    Second, we have no way of knowing from this where these comments originated. We don't know who wrote it, under what license, how it got into either code base and whether it went from one to the other or from some place else into both.

    Third, We've no proof that the code was copied from anywhere to anywhere. It wasn't shown and I'm not willing to assume anything when it comes to SCO.

    Fourth, even if the code itself was copied, we again have no proof as to the path of it's dissemination.

    This is a lot of smoke and mirrors. Pay attention to the man behind the curtain.

    1. Re:...assuming code was too. by Pharmboy · · Score: 1

      Second, we have no way of knowing from this where these comments originated. We don't know who wrote it, under what license, how it got into either code base and whether it went from one to the other or from some place else into both.

      go google it and you will see we DO know where it came from. It is actually public domain now, its code from 1979 (just google the first sentence in quotes) Here is one example. My understanding that the code is also in BSD.

      So SCO has demonstrated that Linux has Public Domain code in it, just like SCO. Unless SCO owns the public domain, this code is totally meaningless. The funnier part is how they tried to ROT 255 it with a different font, even tho the code has no IP value whatsoever.

      This IS a bogus example of SCO's claim. They can't claim PD from 32V as SCO IP, especially since Caldera already BSD'd 32V, and this code is pre-32V, thus likely PD. (got that?) :)

      --
      Tequila: It's not just for breakfast anymore!
  117. All your comments are belong to me by Anonymous Coward · · Score: 0

    Everything you said here was stolen by my closed source novel "The comments on /. to the story '"Stolen" SCO Linux Code Snippets Leaked'".

    If you posted to this story or read any of the comments please pay $699 ASAP.

  118. Transliteration by GweeDo · · Score: 1

    Did SCO really need to use some simple transliteration to make use not be able to read their other comment? What was the point? The transliteration comes out to:

    As part of the kernel "evolution" toward modular naming, the functions malloc and mfree are being renamed to rmalloc and rmfree. Compatibility will be maintained by the following assembly code:
    (also see mfree/rmfree below)

    Again...why?

    1. Re:Transliteration by Wumpus · · Score: 1

      Maybe because the comment identifies the function names it documents, and gives one a clue about the history of the code in question (the comments were inserted before said modularization took place, and that gives you a way to track when the code was supposedly copied into Linux).

    2. Re:Transliteration by schon · · Score: 1

      Did SCO really need to use some simple transliteration to make use not be able to read their other comment? What was the point?

      Probably because the comments would be easy to search for - (alleged) humans (lawyers?) would remember english text easier than (bastardized and uncompilable) source code.. and they think that if someone can remember it, they would be able to google for it, and discover that SCO is lying..

      So they mask the english text, thinking "nobody will be able to remember this" - not counting on the fact that reporters frequently carry cameras, which would be capable of remembering the text for them.

  119. Assuming the worst by mnmn · · Score: 1

    Say the code had been copied indeed, assuming the worst; it seems it is really the comments that are copied and they have shown no proof of code being copied. Binary kernels do not contain the comments and so are free, still assuming the worst.

    Now can anyone go back in the history of the bitkeeper and check who exactly entered that code or comment into the kernel. His interview on slashdot would be precious.

    --
    "Give orange me give eat orange me eat orange give me eat orange give me you." -Nim Chimpsky
  120. if true ... by pz · · Score: 1

    As I've been maintaining for a while, SCO's assertions of stolen code are baseless, primarily by the observation that SCO is unwilling to point out which parts of the already released and publically available code are theirs. Now we find a couple of snippets that have been leaked and oh-the-humanity they're not possibly infringing.

    But, friends, we are the ones missing the point, not them.

    Think. Couple their insane assertions, ludicrous threatened lawsuits, and absurd licensing fees with the observation that SCO's stock price has risen quite substantially through this escapade and that many of the primary shareholders are now selling and maybe the real motivation starts to come clear: greed. One sees Enron in miniature form, except that the people who are really screwed here are not shareholders, but adherents to the Open Source movement. I have no idea what we can do to fight back, but we're taking a beating here. Our reputation as a movement has a bad black mark on it now.

    --

    Put my fist through my alarm clock with its ding-dong death inside my ear. - The Blackjacks.
    1. Re:if true ... by Anonymous Coward · · Score: 0

      Who gives a rat's ass about reputation? Open Source will survive as long as coding for pleasure is legal.

  121. "Leaked"? Careful! This might be a set-up by SCO!! by rump_carrot · · Score: 5, Insightful

    Call me paranoid....but this might be a trick by SCO to probe the defences of the Open Source community, by having us do their historical code research for them, gratis.

    What do I mean? An example.

    I used to be a magician - a classic trick in the magicians arsenal is called the "sucker trick"

    In the sucker trick one does a seemingly stupid trick. As people start to think they have figured it out, the bright (and loud) ones start yelling how they think it works. Then, PRESTO, the real trick is revealed!

    IF you do it right, people are amazed and impressed, and more importantly, you have identified the hecklers in the audience, who often remain quiet the rest of the show out of embarrassment.

    I know this sounds paranoid, and you might think ol' Darl is no magician, but he has conjured ~ 20X increase in SCO "worth", from an essentially worthless company.

    Just a thought.

    --
    I think, therefore I thought.
  122. comment size!?! by WPIDalamar · · Score: 1

    The comments are longer on the sco side than they are on the linux side. Think about that.

    If I was copying a comment, I wouldn't strip pieces out.

    BUT

    I may very well add some more info in.

    To me, this just suggests that sco copied from linux.

    1. Re:comment size!?! by Tokerat · · Score: 1


      What I would like to know is, how is it that in SCO's comments, there is suddenly Greek describing the modularizational re-naming of malloc and mfree to rmalloc and rmfree? Why is there Greek in English source code? Why are they trying to alege that the Linux code is stolen when the newer code would feature more comments/changes?

      You know, fhqwhgads, you're only making yourself look worse, man. Everyone's just gonna feel sorry for you. I mean, I do...

      --
      CAn'T CompreHend SARcaSm?
  123. This is kind of like the translation scenes by Chordonblue · · Score: 1

    in 'Contact', except the end result wasn't as breathtaking.

    Maybe if SCO had invented some sort of transport device...

    --
    "...Well, there's egg and bacon; egg sausage and bacon; egg and spam; egg bacon and spam; egg bacon sausage and spam..."
    1. Re:This is kind of like the translation scenes by richie2000 · · Score: 1
      Maybe if SCO had invented some sort of transport device...

      Oh, they have. It will transport Darl McBribe to a Federal pound-him-in-the-ass prison.

      *Pound* *Pound* *Pound* You listening, Darl? That is your future.

      --
      Money for nothing, pix for free
  124. who put it there? by peloy · · Score: 1

    Now that a code snippet has been shown is it possible to tell by comparing different Linux versions who put it there? If SCO is right, and somebody stole code from their System V Unix, then that person deserves a good kick.

    1. Re:who put it there? by EzInKy · · Score: 1

      Now that a code snippet has been shown is it possible to tell by comparing different Linux versions who put it there? If SCO is right, and somebody stole code from their System V Unix, then that person deserves a good kick.

      That person would be the SCO employee who "borrowed" the code from BSD.

      --
      Time is what keeps everything from happening all at once.
  125. The code predates UNIX? by Anonymous Coward · · Score: 1, Interesting

    The second one is code is VERY old...

    See here, and here.

    How many textbook references do you think you can come up with?

  126. Translations are... by dentar · · Score: 1

    right here.

    this code is NOT stolen, but rather, donated.

    http://lwn.net/Articles/44981/

    --
    -- I am. Therefore, I think!
  127. Locking may not be the identical by Omni-Cognate · · Score: 1

    Although the screenshot of the comment showed both the UNIX and Linux versions, the code sample only shows the linux version. The title says "Linux Kernel Code".

    AFAIK they didn't specifically indicate that every line of code showing on that monitor was copied identically, they just say it is an example of "line by line copying". Perhaps they just meant the for loop.

    Note that on the screenshot showing the comment, a few lines of linux code were also showing, which did not appear in the UNIX version (even in the amusingly "greeked" part.

    --

    "The Milliard Gargantubrain? A mere abacus - mention it not."

    1. Re:Locking may not be the identical by albalbo · · Score: 1

      You missed the colouring. Look at the colours of the characters (red and black) - that indicates what was a copy (although this has been done manually, not via a tool - hence they missed a copied ' */' on the first image ;)

      Red code is the stuff that is copied, and black (if I'm right) is Linux code not in SCO. So, the second image just shows a cast has been added. I guess the 'greeked' bit is SCO code not in Linux :o)

      So, they're actually saying specifically what was being copied. They're just claiming a whole lot.

      --
      "Elmo knows where you live!" - The Simpsons
  128. IBM's Lawyers by bucketoftruth · · Score: 1

    I hope IBM's lawyers read /. There are a lot of people in here that are making very valid arguments against SCO. Specifically that the code from the article predates the existence of SCO. On that mark alone a Judge would throw out SCO's suit.

  129. Linux property in SCO bodies of 'code'. by snatcheroo · · Score: 0

    This is just sad, SCO is going to take it up the ass so fucking hard with this one. Specifically, with my transparent black tux dildo. Then, I'm going to sue them for having Linux property up their ass and proposing a licensing fee until I take it out. Whose with me?

  130. If this Is BSD'd by SCO's predecessor? by Lucas+Membrane · · Score: 1
    Doesn't that mean that whoever redistributes source has to include SCO's predecessor's BSD license notice whenever they redistribute it? The BSD license says "Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer."

    If they didn't do that, doesn't that mean that they violated the license? That's why we have lawyers, so that people who are not inclined to do anything productive anyway can try to cypher out such expressions of greed as good people have suffered under since the first genius discovered the rock and tried to make it illegal for anyone else to hit back.

  131. Reminds me of a story... by Cap'n+Canuck · · Score: 1

    The "just change the variable names" comments remind me of a little story...

    There was a case a way back when, where a disgruntled employee from Cadence stole some code and ran off to a competitor (Gerry Hsu's Avant!). Naturally, Cadence was mad, and spent a lot of time and effort making sure that Gerry didn't get any money from the code.

    However, Gerry is/was a weaselly guy, and did manage to make a bundle. He even managed to run the code through a "clean room", and try and convince a judge that any versions of the code AFTER they had gone through the room were legit, all the while maintaining his innocence in the matter. But the judge didn't buy it. Stolen code is stolen code.

    1. Re:Reminds me of a story... by Anonymous Coward · · Score: 0

      Worst. Story. Ever.

    2. Re:Reminds me of a story... by Anonymous Coward · · Score: 0

      You should add to the story that the "stolen code" was actually not really related to the product. It was just some lame db-backend code that they had forgotten to rewrite. All the algo's and inner workings was/is original. There is a reason Synopsys (who bought Avanti) kick Cadence's ass all over the place.

      Granted, that doesnt change the fact that they did ship code that wasnt theirs, but Synopsys settled the suit when they aquired avanti..

  132. anyone who would work for Darl? ;-) by PaulBu · · Score: 1

    As in this guy:

    Former VP of International Business at SuSE Joins SCO As VP of SCOsource in Europe

    http://biz.yahoo.com/prnews/030819/latu060_1.htm l

    Paul B.

    1. Re:anyone who would work for Darl? ;-) by BrynM · · Score: 1

      The fool. He must be quite the whipping^^^^^marketing boy. Waddya bet they offered him stock options.

      --
      US Democracy:The best person for the job (among These pre-selected choices...)
    2. Re:anyone who would work for Darl? ;-) by dnoyeb · · Score: 2, Funny

      NO!? You mean like the stock options worth today about $5,000,000 they gave to the company that paid ~$3,000,000 for the first license?

    3. Re:anyone who would work for Darl? ;-) by BrynM · · Score: 1

      Wow! Was that really part of the deal? Jeez. That is shifty. "Help us inflate our stock price with this small investment..." This stuff may not make the best legal or business sense, but there are con artists and inside traders that must dream of being Darl. The backroom deals with these stocks are peeling like an onion - many thin transparent layers that make you cry when you pull them away.

      --
      US Democracy:The best person for the job (among These pre-selected choices...)
    4. Re:anyone who would work for Darl? ;-) by dnoyeb · · Score: 1

      Well I think technically it was not part of the deal. Seperate, but it just happened at the same time. Hard to explain. its part of it, but its not, what can I say. Read their quarterly report and you will understand what I mean.

      Its not like they are hiding this stuff, and someone actually brought this up in the last conference call about a week ago(quarterly performance report).

      They are giving stock options with LOTS of their deals these days. or so it would seem to me.

  133. Code tampering by MongooseCN · · Score: 1, Interesting

    So, can this be used to say SCO is tampering with the code they are using to make comparisons with? Technically the code they put up isn't in the kernel.

    1. Re:Code tampering by Anonymous Coward · · Score: 0

      No, it couldn't be.

  134. reverse? by Anonymous Coward · · Score: 0

    what if SCO have always used the Linux code and are trying to get away with claiming the reverse?

    source code theft in this instance is unprovable. you cannot prove that something you have that that is secret is identical to something you also have that is public.

  135. Symbol text by Anonymous Coward · · Score: 0

    I can't read that stuff, it's all Greek to me.

  136. NOT GPL compatible (Re:Kernel mailing list comment by Anonymous Coward · · Score: 0

    Please note, this is covered by the old BSD licnese (with advertisement clause), so it's not GPL compatible. The code is aruguably IP theft, since it was not supposed to be available before Caldera made it free.

  137. OT, but SCO related by OMG · · Score: 5, Interesting

    http://biz.yahoo.com/prnews/030819/latu060_1.html
    reads:

    The SCO Group, Inc. (Nasdaq: SCOX - News), the owner of the UNIX(R) operating system, today announced the appointment of Gregory Blepp as vice president of SCOsource. Blepp will report to Chris Sontag, the senior vice president and general manager of SCOsource, the division of SCO tasked with protecting and licensing the company's UNIX intellectual property.

    Blepp, a former VP of International Business at SuSE, brings to SCO a wealth of experience in marketing and business management from time at Network Associates and Computer Associates. Blepp's appointment is taking place at SCOForum in Las Vegas this week where he is being introduced to SCO partners and resellers.

    "We're pleased to have Gregory Blepp join SCO to assist in our efforts around SCOsource in Europe," said Chris Sontag, senior vice president and GM, SCOsource. "We look forward to using Blepp's talents and expertise in assisting the company to properly license SCO's valuable UNIX intellectual property."


    Is this world full of insane people ?

    1. Re:OT, but SCO related by Yerase · · Score: 1

      I was just about to post this same thing :)

      Has anyone thought that possibly Greg Blepp leaked the code? Being from Suse and all, maybe he still has a little Open-Source allegiance.

    2. Re:OT, but SCO related by revscat · · Score: 1

      Is this world full of insane people ?

      If by "insane" you mean "whores who will justify any behavior, however repugnant, if it makes them money" then yes, absolutely. And the more money it makes, the easier it is to justify.

    3. Re:OT, but SCO related by Anonymous Coward · · Score: 0

      Isn't Sontag a former Microsoftie?

    4. Re:OT, but SCO related by Alsee · · Score: 1

      Is this world full of insane people ?

      I take it you're a recent arrival here? Interstellar tourist perhaps?

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    5. Re:OT, but SCO related by Mostly+a+lurker · · Score: 1
      Interesting.

      Gregory Blepp, born 1960, has been active in the IT sector for more than 20 years. He began his professional career in the Sales division of Mitsubishi Electric. Later, he served in executive positions in the Sales, Marketing, and Operations divisions at Seagate, Cheyenne Software, and Computer Associates. This was followed by a two-year period as Managing Director of Network Associates Germany. Before he joined SuSE, Gregory Blepp operated as an external consultant for IT companies.

      What does he know that we do not? This is strange.

  138. Code has been around since at least 1973 by rkww · · Score: 5, Informative
    The nsys kernel version of malloc has exactly the same implementation, albeit without any comments.

    Dennis Ritchie has written So far as I can determine, this is the earliest version of Unix that currently exists in machine-readable form. ... The dates on the transcription are hard to interpret correctly; if my program that interprets the image are correct, the files were last touched on 22 Jan, 1973. ...

    1. Re:Code has been around since at least 1973 by chefmonkey · · Score: 4, Interesting
      Giving up my mod points to post on this thread...

      As much as I'd love to see SCO go down in flames over this issue, I think you're missing some important facts.

      So, the code is old. That doesn't mean it's public domain. And who wrote it? According to what you cite, Dennis Ritchie. In 1973, Ritchie was working for Bell Labs, developing their Unix system. Yes, Bell Labs, part of AT&T. You know, SysV and all that? The copyrights to that code have subsequently been sold, and are currently held by... The SCO Group.

      Whoops.

      Prior to January 1, 1978, the copyright term was 28 years. At the end of the 28th year, the copyright period could be renewed for an optional period of 28 years, later extended to 47 years.

      1973 is 30 years ago. If the copyright on the code has been properly maintained, that would mean that SCO owns it potentially until January of 2048. If not, the code passed into the public domain back in 2001.

      Yes, perhaps it's been infringed on in other places (n.b., however, that Irix and BSD through 4.4 were licencees of the original code, and the the PDP-11 was Dennis Ritchie's development platform at Bell Labs), but this is copyright, not trademark law. Other infringements don't trigger a free-for-all.

      This one will take some sorting out. It's certainly not as cut-and-dried as SCO is pretending it to be, but it's hardly clear that we (the Linux crowd) are as correct as we believe, either.

    2. Re:Code has been around since at least 1973 by Anonymous Coward · · Score: 0

      Mod parent up. He/she brings up important points that must be discussed.

    3. Re:Code has been around since at least 1973 by Darth · · Score: 4, Interesting

      well, if the code has remained unchanged since January of '73, then the same code is in versions 2, 3 and 4 of Unix.

      AT&T gave the sources to Unix away free to academic institutions sometime around 1974.
      Additionally, Caldera made some of the sources available under a BSD style license in Jan. 2002.

      There is also the possibility that some of the "infringing" code comes from the from scratch UNIX rewrite by Tanenbaum (minix released in 1986) that was the basis of Linux. (legally, minix can be used as if it were public domain)

      They might hold a copyright on that code. However, prior owners of that copyright gave that code away for free.

      They are going to have a lot of fun trying to show that really ancient pieces of code like that didnt come from sources that were freely released by prior owners of the code.

      --
      Darth --
      Nil Mortifi, Sine Lucre
    4. Re:Code has been around since at least 1973 by chefmonkey · · Score: 2, Interesting
      AT&T gave the sources to Unix away free to academic institutions sometime around 1974.
      Yes, they did. And they were selling the same code to institutions for $50,000 at the same time, so it certainly wasn't a release into public domain. Stop and think about it; this is copyright, not a trade secret. Just giving someone the source doesn't provide them license to do what they want. The analog would be Bloomsbury Publishing giving free copies of the newest Harry Potter book to schools. Would doing so cause them to surrender their copyright to that work?
      Additionally, Caldera made some of the sources available under a BSD style license in Jan. 2002.
      That's an interesting twist to the situation, yes. Not only because of the release of certain parts of the code to a rather permissive licence by the rightful owner at the time, but also because it gives some insight about what Caldera's corporate attitude towards the Unix source code copyright might have been in 2001, when the 1973 code would have come up for copyright renewal.
      They are going to have a lot of fun trying to show that really ancient pieces of code like that didnt come from sources that were freely released by prior owners of the code.
      Which is basically the point I was trying to make: untangling this whole mess is going to be very difficult. And, as much as I want SCO to be absolutely, 100% wrong across the board, I'm not so cocksure as to go off claiming that it's the case before some of this untangling has actually been pursued.

      What I'm particularly wary of is the scads of ignorant comments along the lines of, "Look! The code is from before 1978 (or 1973)! SCO didn't even exist! It must not be theirs!" Intellectual property can be bought and sold. The logic of that statement is a sound as claming that there's no way I could possibly own my house because it was built before I was born.

    5. Re:Code has been around since at least 1973 by Darth · · Score: 3, Interesting

      Yes, they did. And they were selling the same code to institutions for $50,000 at the same time, so it certainly wasn't a release into public domain. Stop and think about it; this is copyright, not a trade secret. Just giving someone the source doesn't provide them license to do what they want. The analog would be Bloomsbury Publishing giving free copies of the newest Harry Potter book to schools. Would doing so cause them to surrender their copyright to that work?

      well, that exact piece of code was also published in a book with no restrictions on its use. (publication of the book was approved by SCO, who held the copyright on it at the time)

      It was also published in Kernighan and Ritchie's C programming book without restriction when AT&T owned the code.

      Which is basically the point I was trying to make: untangling this whole mess is going to be very difficult. And, as much as I want SCO to be absolutely, 100% wrong across the board, I'm not so cocksure as to go off claiming that it's the case before some of this untangling has actually been pursued.

      I dont think untangling the mess will be difficult. I think SCO proving a case will be insanely difficult. The reason we know so much about arbitrary lines of code is because there's tons of documentation and history for it all. It is very easy for this history to destroy SCO's claims and they are the ones who have to do the exhaustive research to prove those claims.

      What I'm particularly wary of is the scads of ignorant comments along the lines of, "Look! The code is from before 1978 (or 1973)! SCO didn't even exist! It must not be theirs!" Intellectual property can be bought and sold. The logic of that statement is a sound as claming that there's no way I could possibly own my house because it was built before I was born.

      i agree that the age of the code relative to SCO as a company has no bearing on the ownership of the code. I also agree that anyone making that statement is foolish.

      It's hard to not be very optimistic about the SCO case, though. The only code sample they are claiming copyright infringement on that has made it to public scrutiny, they dont even have a copyright on. Their assertions relative to the case border on the absurd. The claims made by their legal representation are clearly contradicted by the text of the laws they are citing to make their claims. And they chose to target a company that spends more on break room coffee than SCO has in total assets.

      It's hard not to be optimistic.

      --
      Darth --
      Nil Mortifi, Sine Lucre
    6. Re:Code has been around since at least 1973 by chefmonkey · · Score: 2, Interesting
      well, that exact piece of code was also published in a book with no restrictions on its use. (publication of the book was approved by SCO, who held the copyright on it at the time) It was also published in Kernighan and Ritchie's C programming book without restriction when AT&T owned the code.
      I think you're still missing the point. Publication, re-publication, and re-re-publication do not release works into the public domain, nor do they grant the readers of those publications any rights beyond fair use. Just because the code was printed on paper and sold does not mean that it can be arbitrarily incorporated elsewhere. That's not how copyright works.
    7. Re:Code has been around since at least 1973 by Anonymous Coward · · Score: 0

      You both seem to be missing the point. First, the code is not and apparently never was "public domain." Any point about PD is irrelevant to begin with. Next, the code dates back to the earliest versions of non-intel based unix and is included in Berkeley source as well as the ATT lineage. SCO can ONLY license those portions of source that are not common to both free and proprietary versions of the unix source - i.e. the material added from ATT SYSV - IIRC - onward.

      Also, the SCO SMP performance sucks massively. Linux outperforms it both in the number of CPUs it can address and in raw speed. The SCO implementation can't be what Linux uses. The quality is simply too poor. SCO is trying to take over the better implementation, apparently because they haven't the talent to produce one.

    8. Re:Code has been around since at least 1973 by Anonymous Coward · · Score: 0

      who wrote it? According to what you cite, Dennis Ritchie. In 1973, Ritchie was working for Bell Labs, developing their Unix system. Yes, Bell Labs, part of AT&T. You know, SysV and all that? The copyrights to that code have subsequently been sold, and are currently held by... The SCO Group.

      Not necessarily - You do remember the BSD-AT&T lawsuit? There were only a handful of AT&T lines of code in BSD, but TONS of BSD-code in AT&T Unix.. It's quite possible that this code can be credited to BSD.

      If the copyright on the code has been properly maintained, that would mean that SCO owns it potentially until January of 2048

      No, it means that if SCO can prove that it owns it, and that the copyright was properly maintained, then maybe SCO is correct.

      It's certainly not as cut-and-dried as you imply.

    9. Re:Code has been around since at least 1973 by Mostly+a+lurker · · Score: 1
      well, that exact piece of code was also published in a book with no restrictions on its use. (publication of the book was approved by SCO, who held the copyright on it at the time) It was also published in Kernighan and Ritchie's C programming book without restriction when AT&T owned the code.

      Let me see: I do not want to be accused of assigning meaning to your post that you do not intend. Are you saying that using K&R C Programming as a reference when writing code lays me open to potential litigation on the basis that the authors used the same techniques in code they wrote for use in Unix? If so, I respectfully disagree. Any objections to publication of the code should have been made at the time, not decades later.

    10. Re:Code has been around since at least 1973 by rkww · · Score: 1
      It's quite possible that this code can be credited to BSD

      I don't think so. Look at a Unix timeline and you will see that this code, which appears to have been written around the beginning of 1973, predates not only BSD but all other C/Unix versions. It's effectively been there since day one.

    11. Re:Code has been around since at least 1973 by Darth · · Score: 1

      actually, i'm saying the opposite of that. the algorithm they published is certainly fair game.

      the person responding to me is bringing up the issue that publishing it doesnt invalidate the copyright on it.

      I'm gonna respond to that in a minute (on his response to the same parent as your comment)

      --
      Darth --
      Nil Mortifi, Sine Lucre
    12. Re:Code has been around since at least 1973 by Darth · · Score: 1

      i agree that publication doesnt invalidate the copyright, but it does make it useless for claiming any damages later.

      I'd go into more detail on why i think that, but my wife wants to go to dinner.

      --
      Darth --
      Nil Mortifi, Sine Lucre
    13. Re:Code has been around since at least 1973 by chefmonkey · · Score: 1

      No need to explain further. I see where you're going with this.

  139. maybe the other way round by Anonymous Coward · · Score: 0

    Has any one considered the possibility that tha codemay have been in free *nix first before system v, hell they could have copied it there this morning for all we know.

  140. Has there been an offical response yet? by gnuforpresident2004 · · Score: 1

    I would love to see what McBride has to say about this?

    1. Re:Has there been an offical response yet? by Wumpus · · Score: 1

      Why? Every response they made so far has been a non-sequitur - why change a winning strategy? Most likely, he'll just dismiss it, as he has done so far with every bit of evidence and common sense presented to him.

  141. And pretty poor coding, if you ask me by freeweed · · Score: 1

    As a current undergrad experiencing C, I wouldn't have used a first fit algo anyway. We handed in an assignment for our OS class literally last week, and wow, is best fit ever the shits.

    --
    Endless arguments over trivial contradictions in books written by ignorant savages to explain thunder in the dark.
    1. Re:And pretty poor coding, if you ask me by Anonymous Coward · · Score: 2, Interesting

      First-fit was analyzed by Knuth before you were born, and proved superior to best-fit. As for the coding style, the fragments in question were likely written by Ken himself. By calling it ``poor coding'' you are only displaying your ignorace.

    2. Re:And pretty poor coding, if you ask me by freeweed · · Score: 1

      Ah, the humour impaired.

      Although there's something to be said about displaying ignorance by assuming that all undergrads are 20 years old...

      --
      Endless arguments over trivial contradictions in books written by ignorant savages to explain thunder in the dark.
  142. Give me a break!!! by nghtstr · · Score: 0

    After reading the article, and seeing what the lines of code are, all I can say is "Where's John Stossel?? He needs to say Give me a break!!" For those who do not know what they are doing (other than commenting what they are doing) is declaring one pointer, an integer, a long integer, all within a function that passes a memory map and a variable of type size_t (something specific to the kernel, I suppose). That is the first chunk of code. Then, what the for loop is doing is allocating enough memory space for whatever the memory map needs. Also, they did a mutex_spinlock, sending that a function call of maplock of the memory map. This concludes the above function. If this is what SCO is basing part, if not the entirity (sp?), of their claims; it just proves that SCO doesn't just not know what they are doing, but they have their head stuck in a very dark and smelly place.

    --
    "Stupidity is like neclear energy; it can be used for good or evil, and you don't want any on you."
  143. BSD copyright notices all over Linux by yerricde · · Score: 1

    is the BSD copyright notice intact, as the BSD license requires?

    Yes.

    --
    Will I retire or break 10K?
  144. An idea by gowen · · Score: 1

    This code was shown (briefly) at Forum2003 to convince their resellers they had a good case. It would appear that due to the BSD provenance, that case is not entirely sound.

    Someone needs to tell the resellers. Is there anyone from the Las Vegas LUG who can (very politely) stand outside the MGM Grand and distribute information showing:
    a) The photos from the talk
    b) The late 1970s provenance of the source
    c) Proof of the Santa Cruz Operation's release of this source under the BSD licence.

    SCO can ignore kernel hackers, but if the resellers -- handily gathered in one place -- realise they've been lied to, they can give management a seriously hard time.

    Go on, you know it makes sense...

    --
    Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
  145. SCO Has Already Won by tds67 · · Score: 2, Insightful

    The SCO executives pumped & dumped their stock. Now all they have to do is go through with their legal case and lose so they won't be accused of insider trading.

    1. Re:SCO Has Already Won by Anonymous Coward · · Score: 0

      But hey, if this is the case, at least they will have made Linux stronger in the process of making their dirty money. I would still consider this 'insider trading' despite the legal definitions. They could also get in trouble for fraud.

    2. Re:SCO Has Already Won by tds67 · · Score: 1
      But hey, if this is the case, at least they will have made Linux stronger in the process of making their dirty money. I would still consider this 'insider trading' despite the legal definitions. They could also get in trouble for fraud.

      I hope you are right. Rob a cash register, go to prison; rob your investors, go to the Bahamas.

    3. Re:SCO Has Already Won by Tokerat · · Score: 1


      Not only that, they "pumped & dumped" within legal limits, so their clean no matter what.

      --
      CAn'T CompreHend SARcaSm?
  146. Does this mean that I can do it, too? by djeaux · · Score: 2, Interesting
    I was kinda thinking of maybe taking a book out of public domain -- hmmm... how about Dickens' "A Christmas Carol" -- sticking it between a preface & epilogue that I write & then filing suit against anyone who says, "God bless us every one."

    The copyright clearly says 1986 & University of California Berkeley. If SCO bought that code legitimately, then they would have to have changed that attribution, no? What it looks like to me is that SCO is claiming ownership of code snippets that they took out of the public domain in the first place!

    I need to take my coon dawgs out to Utah. Something tells me when they get on the trail, it's going to head in a northwesterly direction toward Redmond...

    --
    "Obviously, I'm not an IBM computer any more than I'm an ashtray" (Bob Dylan)
    1. Re:Does this mean that I can do it, too? by Tokerat · · Score: 1

      The copyright clearly says 1986 & University of California Berkeley. If SCO bought that code legitimately, then they would have to have changed that attribution, no?
      Actually, no, that would have been pretty illegal. 1986 Berkeley probably means that code was taken from a BSD licensed bunch of code, perhaps even BSD itself. Even if SCO purchased code with BSD code in it, that BSD code was still released by it's original authors with the provision of being free forever. Anyone can use it for anything as long as credit is given to the original authors; SCO has done just that, but now wants to claim that the code is theirs and only theirs because they bought it?

      Only try to realize the truth: There is no case.
      --
      CAn'T CompreHend SARcaSm?
  147. IA64 by Anonymous Coward · · Score: 0

    I don't know if this is all the code SCO has, but if it is, and the people who have found it in /arch/ia64 are correct, then it would appear to me that none of us running Linux on i386 would be affected at all. SCO claims 'One Example of Many', but I just don't believe anything they say anymore, especially when they appear to be trying to make money off of scare tactics, and refuse to show the proof they claim to be so condeming. It's not poker, if they had a royal flush they would have showed it so they could settle and get their money faster and without going to court. I hope IBM and Redhat fuck them up...

  148. Re:Symbol Code by Anonymous Coward · · Score: 0

    Will the asshats that continue to mod this stuff down as redundant just shut the fuck up!!!? Some folks need karma and others need to see this info because they may have missed it due to Slashdot's poor layout (thank you Michael). Now get on with the fucking work and fix this shit! No more redundant mods! OK?! Just mod up as insightful. Oh yeah... and mod me up too!

  149. BFD by x00101010x · · Score: 1

    Big deal, the code is simple. If this is it, then there's no problem just follow SOP. Kernel developer A: write a spec for what ulong_t atealloc(struct map, size_t); is supposed to do. Kernel developer B (who has never seen ate_utils.c before): follow the spec and write a new replacement from scratch. There, no more SCO code. What I don't get, is how do they really justify this little bit of code (which as far as i can tell isn't even included in the kernels i build for my home machine) entitles them to more money than a full copy of windows?

    --
    DONT PANIC
  150. Give me a break!! v.2 by nghtstr · · Score: 0

    Yep, I should have used the preview button...

    After reading the article, and seeing what the lines of code are, all I can say is "Where's John Stossel?? He needs to say Give me a break!!"

    For those who do not know what this code is doing (other than commenting what they are doing); it is declaring one pointer, an integer, a long integer, all within a function that passes a memory map and a variable of type size_t (something specific to the kernel, I suppose). That is the first chunk of code.

    Then, what the for loop is doing is allocating enough memory space for whatever the memory map needs. Also, they did a mutex_spinlock, sending that a function call of maplock of the memory map. This concludes the above function.

    If this is what SCO is basing part, if not the entirity (sp?), of their claims; it just proves that SCO doesn't just not know what they are doing, but they have their head stuck in a very dark and smelly place.

    --
    "Stupidity is like neclear energy; it can be used for good or evil, and you don't want any on you."
  151. Why mask the code? by Anonymous Coward · · Score: 0

    The question I have is if this code is cut and paste from System V, why mask it out?

    1. Re:Why mask the code? by Anonymous Coward · · Score: 0

      if this is, indeed, part of stolen code, then the two panels would be equal, right? `Cause if not, this would not be stolen code, would be something else, right? Why the hell hide it??? It's the same, isn't it? I don't get it...

  152. Slashdot is working by mnmn · · Score: 5, Interesting

    Slashdot is an online machinery that is geared towards the benefit of the free software community. Throw some challenges to the free software community at slashdot and watch thousands of brilliant minds load-balanced working like a huge beowulf processing information online (a bit like SETI) to achieve the commonly understood goal; in this case to defend Linux.

    If you want millions of man-hours with full motivation and some of the best skill to work for you for free, go to slashdot provided the task is enormously beneficial to the free software community. No corporation can spend any amount of capital or hire any number of people to match the productivity of geeks running on fuel that is pizza and beer to change the world.

    Bravo.

    --
    "Give orange me give eat orange me eat orange give me eat orange give me you." -Nim Chimpsky
    1. Re:Slashdot is working by mce · · Score: 2, Interesting

      I couldn't agree more, but we need more than just us Linux users finding out where the code came from and talking about it on Slashdot. We need to make sure (or rather: VERY SURE) that "the world" gets to know this. Investors on Nasdaq need to hear this (ideally through a source like an IBM press release, but any mechanism they take notice of will do), the pointy-haired ones that will soon be getting a letter from SCO about buy a Linux license need to hear this (ideally by means of one of the glossy magazines they "read"), and so on... And unfortunately, I fear that an FSF press release is not good enough in this context.

    2. Re:Slashdot is working by Anonymous Coward · · Score: 0

      "thousands of brilliant minds"

      Thousands of lazy, arogant wankers, more like.

    3. Re:Slashdot is working by stwrtpj · · Score: 1
      Slashdot is an online machinery that is geared towards the benefit of the free software community. Throw some challenges to the free software community at slashdot and watch thousands of brilliant minds load-balanced working like a huge beowulf processing information online

      Yeah! Imagine a beowulf cluster of slashdot ...

      --
      Karma: Frotzed (mostly due to the Frobozz Magic Karma Company)
    4. Re:Slashdot is working by Anonymous Coward · · Score: 0
      Throw some challenges to the free software community at slashdot and watch thousands of brilliant minds load-balanced working like a huge beowulf processing information online

      You must be new here.

    5. Re:Slashdot is working by mnmn · · Score: 1

      The investors work hard to get information on everything 'happening' out there. We can leave the gospel spreading to them entirely.

      What intrigues me is how the geek culture becomes a highly organised selfcontained community able to entertain itself, enforce laws on itself and adjust to the small revolutions inside. Theres a whole new language to deal with the community as well as political and legal lobbying. This is more sophisticated than certain ethnic groups, mafias, religions or other thinking groups in these countries.

      We dont need a press at all. We churn out enough high quality software to turn heads and we're present in the best of universities and companies. Heck the business leaders of tommorow are learning from us now and will have great respect for this community years from now. It wasnt press that put the geeks in Sun and took $1 billion from IBM. Our social affects echoing throughout the technology market speaks for itself.

      --
      "Give orange me give eat orange me eat orange give me eat orange give me you." -Nim Chimpsky
    6. Re:Slashdot is working by mce · · Score: 1

      The one thing that I do not agree with is that we don't need any press. We can do a lot without press, but not everything. Just like the GNU copyleft is using the established copyright system to achieve something that the original inventors of the copyright concept could never even imagine, we need to use the established communication channels to convince those in charge that maybe other ways of working also are feasible. We cannot simply wait "till we are in charge", as that'll take too long.

      Looking at my own situation: I've been a Linux promotor for a very, very, long time at the place where I work. And because I have a reputation of being a difficult (impossible? :-) guy to work with when these things are concerned, I have slowly maneuvered myself into a position where, as both an official UNIX user representative in the relevant workgroup and a part-time assitant group leader, I have quite an informal say in what we do in terms of hardware, OS-es, etc. Our IT manager (a very Windows-minded person) has found out the hard way that he has to take my input into account or face strong opposition. But if he were to get a letter from SCO stating that we need to buy a UnixWare license or face a lawsuit, I would be facing a major problem. No matter how well documented I appear to be when claiming that there is no reason to give in, that will not be enough for him (let alone for our CEO, should he ever get involved). If, however, I can rely on a press release from IBM and/or an article in one of the trade rags, things will become a lot easier.

    7. Re:Slashdot is working by Anonymous Coward · · Score: 1, Funny

      1-2-3 Who's that? Who's that?

      4-5-6 Slashdot! SlashDOT!

      YaaaAAAAAYYYYY US! YaaaAAAYYYYY US!

    8. Re:Slashdot is working by Anonymous Coward · · Score: 0

      There is no contradiction between having a brilliant mind and being a lazy arogant wanker.

      HTH

    9. Re:Slashdot is working by Karadryel · · Score: 1
      Throw some challenges to the free software community at slashdot and watch thousands of brilliant minds load-balanced working like a huge beowulf processing information online.

      Yeah ... although I think the "infinite monkeys at infinite typewriters" metaphor may be a bit more apt.

    10. Re:Slashdot is working by Anonymous Coward · · Score: 0

      "thousands of brilliant minds load-balanced working like a huge beowulf processing information online"

      Dude, I don't know which slashdot you read, but it sure as cheese ain't the one that I do? Brilliant minds? My arse!

  153. I think I speak for everyone.. by hussain · · Score: 0

    ... when I say:

    BAHAHAHAHAHA. *COUGH* AHAAHHAAHAHHHAHAA*wheeze* BAHAHAHAHAHAAHAHAHAHAHAHAHAHAHAH *sputter*

    *falls over laughing while convulsing*

  154. Maybe the execs think this is true? by Anonymous Coward · · Score: 0

    It has just occurred to me that it is entirely possible that the SCO execs are making these crazy allegations because they believe them.

    The execs don't know anything about code. They are depending on their technical staff to tell them the about these issues. It is entirely possible that SCO's technical staff have told the execs that this is the truth. We may simply have a few techies who aren't very good at their job and wanted to ingratiate themselves to their bosses.

    Anyone know who the idiot techs might be who are providing technical advice to the SCO team?

  155. An Idea by missing000 · · Score: 1

    Maybe the code came form here.

  156. BSD 2.11 Re:IANAC by Anonymous Coward · · Score: 0

    it's in v2.11 BSD as seen here:

    http://unix-archive.pdp11.org.ru/PDP-11/Trees/2. 11 BSD/sys/sys/subr_rmap.

    Im wondering how far earlier it goes.

  157. Both by macdaddy · · Score: 1

    Both. They have stated it verbally (slander) and they have written it as fact (libel).

  158. Time to patch. by Anonymous Coward · · Score: 2, Funny

    The old comments need to be stripped out and rewritten in a more informative, non infringing way. So if any of the kernel devs are here, get writing those new comments.

  159. Next time, write it in Perl by Raster+Burn · · Score: 5, Funny

    If these functions were implemented in Perl, they would be guaranteed to look different than the System V!

    1. Re:Next time, write it in Perl by zanderredux · · Score: 1

      Not only different, but potentially every single rewrite would be entirely different.

  160. So, they're not afraid we'll remove the code... by Anonymous Coward · · Score: 0

    ...they're afraid that we'll find previous works and examples of the code that are common knowledge and NOT IP. So, these 800,000 lines of code more than likely is the same thing and just so happens to be included in SysV borrowed from the same public sources that Linux and BSD developers borrow from. When illuminates that SCO is claiming as IP completely open and public code. No wonder they don't want to display it to the world - it's not that we'll remove the code as they publicly claim - but that they'll be exposed as code borrowers too and that the code in question is open and not IP. What a scam... Keep taking those pictures guys. I'd love to have some "insider" leak those 800,000 lines of code for us to pick over and demonstrate publicly the falacy of SCO's position. That's surely drive their stocks back below $1 where they belong. Also, doesn't that one example file have a copyright from Silicon Graphics, INC? Wouldn't that implicate SGI and why isn't SCO crying fowl to them?

  161. I'm pissed by lspd · · Score: 4, Funny

    Come on now. I took the idea of comparing sources using MD5 hashes that Michael Chaney and Rick Bradley came up with, tweaked it a bit, compared Sys3 with 2.4.21 and posted this match on /. a while back.

    When it was posted on the Linux Kernel Mailing List they gave me a little shout-out. If when SCO says "a team of code comparison experts" they actually mean some guy on slashdot...well...they could at least give me a mention. Not like I really care about getting a proper "* Thanks LSPD" in the SCO Legal Case Changelog, but give me a break.

    Bastards...

    1. Re:I'm pissed by NetFusion · · Score: 1

      SCO Legal Case Changelog

      Jun 19: researching case on slashdot found smoking gun posted by lspd that helps our case

      Aug 18: show smoking gun to forum to convince pundits

      Aug 19: pundits shoot us with same gun, argh! lspd... you bastard!

    2. Re:I'm pissed by kasperd · · Score: 2, Informative

      At least they did mention you on the kernel mailing list.

      --

      Do you care about the security of your wireless mouse?
  162. I call bullshit by devphaeton · · Score: 1

    This doesn't say or prove a damn thing.

    --


    do() || do_not(); // try();
  163. This can easially be coidence. by jellomizer · · Score: 1

    Looking at the code. It would seem like something I may have done the variable names seem to make some since. and it is basically a for loop with a nested if with a nested do. Non of the logic seems anything out of the ordinary. It is like someone trying to sue me because if I need a variable to end a function I usually call it retval (RETurn VALue) well after I have been using that variable for years I was browsing threw the linux source and I saw that they used retval for some functions too. Does that mean that they took my code. No it means that we were in the same frame of mind when we made the variable names.

    --
    If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    1. Re:This can easially be coidence. by shaldannon · · Score: 1

      Negatory. Same variable names are one thing, but this code is identical down to parens and curly braces. What happened (RTFA) is that both code sets have a common ancestor (for this example...would need to see analyses of the other "infringing" code segments) which happens to have been released to the public under a BSD license.

      --


      What is your Slash Rating?
  164. Hey, God coded it first! by paiute · · Score: 2, Funny

    It is amusing that SCO is employing pattern-recognition to "find" code that allegedly originates with SCO. I will bet you that if you run pattern recognition on the Bible, you will find as many hits in Scripture as they will find in the kernel.

    You may have to translate the Bible into machine language first, though.

    --
    If Slashdot were chemistry it would look like this:Cadaverine
  165. *scratches head* by Platinum+Dragon · · Score: 5, Funny

    So let me get this straight.

    A patch was submitted by someone from HP, containing a Silicon Graphics, Inc. copyright line, along with at least one chunk of code that is nearly identical to several early BSDs, as part of an SMP implementation, that SCO is claiming IBM donated to the Linux kernel in violation of a contract?

    What. The. Fuck. I don't even want to try and figure out the web of licences, contracts, and original sources for this code. Based on other comments, it looks like a basic (crappy) implementation of memory allocation. On top of it all, whoever at SCO prepared the PowerPoint presentation managed to mistype the supposed SysV code.

    Several scattered thoughts come to mind, among them "chutzpah", "pump and dump", and "someone's going to jail when this is all over."

    --

    Someday, you're going to die. Get over it.
    1. Re:*scratches head* by Anonymous Coward · · Score: 2, Informative
    2. Re:*scratches head* by Merk · · Score: 1

      A better question is how it found its way into the kernel. From what I understand, Linus and others are notorious for rejecting bad code. Why would something submitted by "patch@hp.com", containing badly written code and an SGI copyright be accepted?

    3. Re:*scratches head* by Angst+Badger · · Score: 5, Insightful

      I don't even want to try and figure out the web of licences, contracts, and original sources for this code.

      Is it just me, or is anyone else getting the impression that it's corporate coders working for proprietary software companies whose coding practices are sloppy and reckless about intellectual property, and not us long-haired hippie commie free software freaks?

      --
      Proud member of the Weirdo-American community.
    4. Re:*scratches head* by Anonymous Coward · · Score: 0

      "patch@hp.com"

      does not get any hits on Google. I cannot see why not. Any ideas?

    5. Re:*scratches head* by G3ckoG33k · · Score: 1

      Whatever, it does not ring any bells searching the kernel list either.

      In a paranoid world... Did patch@hp.com ever exist?

      Is there a connection with the compromisation of the FSF databases?! Wheeew...

    6. Re:*scratches head* by BlueLightning · · Score: 1

      No, the long-haired hippie commie free software freaks just cut their hair and got jobs.

  166. is it legal to copy bsd code and then gpl it? by tmroyster · · Score: 1

    Is it legal to copy code from bsd and
    apply the GPL to it?

    1. Re:is it legal to copy bsd code and then gpl it? by Anonymous Coward · · Score: 1, Informative

      yes, you can literally do anything with bsd code, including re-release it under a different license (Even proprietory licenses) so long as you keep copyright statements in tact.

    2. Re:is it legal to copy bsd code and then gpl it? by Tokerat · · Score: 2, Informative


      I believe it is, but the original code is not affected by your use of it, therefore you cannot claim ownership of BSD'd code and claim the fact it is used elsewhere is an infringement of the GPL or whatever other license you use. This might come back and bite SCO in the ass.

      --
      CAn'T CompreHend SARcaSm?
  167. You see! by nedwidek · · Score: 5, Funny

    You see! This is why they didn't show their evidence! You all have gone and poked holes in it. Shame on you, you're going to be responsible for the death of a corporation!

    Important note for the sarcasm impared: yes, the above is sarcasm.

    --
    Post anonymously - For when your opinion embarrasses even you!
    1. Re:You see! by JosefK · · Score: 1

      Shame on you, you're going to be responsible for the death of a corporation!

      Not only that, but you'll be responsible for Darl and his wife and children being thrown out into the streets ... er, I mean, out of their second home.

  168. SCO are lazy, stupid bastards by heironymouscoward · · Score: 4, Insightful

    And so they think that everyone else is too. It's the classic syndrome called "projection".

    The SystemV code shown is mroe recent than the Linux code, with added comments. No-one, ever, removes comments when copying code.

    All their presentation shows is that the two functions have a shared pedigree, and this code is so old that the pedigree can be found in at least two books, and multiple versions of Unix.

    SCO are lying, thieving, scurilous rumour mongers and sadly getting much too much attention.

    Which makes me think: could the whole thing be simply intended to distract our attention from something else happening...? It is a classic ploy.

    --
    Ceci n'est pas une signature
    1. Re:SCO are lazy, stupid bastards by merennulli · · Score: 1

      Well, some remove comments when the comments are idiotic, take up too much space, or they want to hide the fact that it was copied. Those take the comments out lock, stock, and barrel though.

    2. Re:SCO are lazy, stupid bastards by Ride-My-Rocket · · Score: 2, Funny

      SCO are lying, thieving, scurilous rumour mongers and sadly getting much too much attention.
      Which makes me think: could the whole thing be simply intended to distract our attention from something else happening...? It is a classic ploy.


      Frodo and Samwise are about to throw the Ring of Power into the fiery depths of Mount Doom?!

    3. Re:SCO are lazy, stupid bastards by spun · · Score: 1

      Dude, they don't expect that we won't get it. They expect the media won't get it, that they wil publish something favorable to SCO, the stock price will rise, and Darl and his execs will make money. They aren't trying to win a lawsuit, they are trying to make it look like they are trying to win a lawsuit. It's an importent distinction: in the first case, you need facts that will hold water, while in the second case, you need lies that will fool a reporter.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    4. Re:SCO are lazy, stupid bastards by Anonymous Coward · · Score: 0

      If copying, I will remove comments, and change variable names.

    5. Re:SCO are lazy, stupid bastards by cpeterso · · Score: 1


      when exactly was Bill Clinton impeached? I'm drawing a blank here..

    6. Re:SCO are lazy, stupid bastards by Black+Hitler · · Score: 1

      Are you joking?

  169. Go germans, go!!! by Anonymous Coward · · Score: 0

    First they sue SCO to shut up... Now this.. I like it :)

  170. Translation of the article by reignbow · · Score: 5, Informative

    The battle for the legality of Linux is becoming increasingly melodramatic: Two weeks ago, RedHat CEO Mathew Szulik declared himself Saviour of the Free World, and called for all Linux-Supporters to join the battle for freedom from the software industry. His opponent darl McBride from SCO strikes an even more martialic pose: a James Bond fighting against the forces of Darkness -- incarnated in the Open Source Movement.

    McBride spent no less than two hours at the beginnign of the SCO symposium to clarify his company's legal position. Backed by pictures and music from various Bond flicks, he attempted to rally the supporters of the formerly cult company from Santa Cruz to his fight for the Good Cause. The SCO Group has started a legal battle against IBM for alleged copyright violations and misuse of SCO-owned UNIX code in Linux. Star attorney David Boies, famous for fielding the US anti-trust effort against Microsoft, represents SCO against IBM. More than 1500 major Linux-using companies have received admonitions to pay licensing fees from SCO.

    With Vice CEO Chris Sontag as sidekick, McBride offered several examples from Kernel 2.5 and 2.6 that are meant to prove that several program parts were transplanted unmodified from UNIX -- such an example is here. Duplicated typos in the commentary as well as unusual coding style have left traces, says Sontag. To porve this, McBride employed teams for pattern recognition to parse tens of thousands of lines of code. The few sequences of actual code shown besides the commentaries were largely scrambled, supposedly to protect SCO copyright. They were, however, representative for a thousand other just like them, emphasizes Sontag. Multiple developers had illegally transplanted code into Linux and then distributed the source to users and developers. The software in question is nothing trivial, but contains integral operating system functions used for demanding applications and extremely secure environments in companies. Among them are the multiprocessor technologies NUMA and SMP, which under UNIX licensing cost 10,000$ or more.

    Rouhgly 700 lines of code for the SMP technology are supposed to have gone into Kernel versions 2.4 and 2.5. All in all, SCO claims to have found no less than 800.000 lines of duplicated code -- one example is shown here. Attorney Mark Heise from Boies' law firm joined the SCO chiefs on the podium in Las Vegas. He emphasized that the GPL did not offer protection against copyright claims from SCO. The Unix license that SCO bought from AT&T in 1994 guarantees SCO ownership of System V copyright and all AT&T software and sublicense rights. The license agreement, originally drawn up by AT&T lawyers, which has since gone over to SCO, is unequivocal concerning scope, Heise affirmed. Accordingly, the license gives the licensee (e.g. IBM) the right to use the software internally for commercial purposes. Modifications and derivatives are subject to the license just like the original. They cannot be used for or by third parties.

    "Now we finally know how Linux has matured from hobby OS to IT-company platform," Sontag jibes. "If something sounds too good to be true, it usually isn't," topped McBride. Evolved technology simply cannot be had for free. "Free Software -- not our thing." UNXIX comprises 20 years of development work: Based on it, SCO wants to make money for another 20 years. McBride appealed for support from partners and developers from the UNIX community, otherwise, "the times for good business might soon be over." GPL and Open Source destroy legal business models -- compensations and a legal business model for the future are therefore necessary. Heise seconded: That SCO once distributed its code as Linux distributor, did not mean that Linux users where protected from all demands because of the GPL. Copyright for code can only be obtained by a written contract wit

    --
    Divide et impera!
    1. Re:Translation of the article by funaho · · Score: 1

      I'd be surprised if they could code all that themselves by next year. I wonder where the code will come from...

      On another note if I were the Samba folks I'd come up with a special license just for SCO. I know I wouldn't want *my* product being bundled with theirs.

    2. Re:Translation of the article by Anonymous Coward · · Score: 0

      "If something sounds too good to be true, it usually isn't," topped McBride.

      I don't think that means what he thinks it means...

    3. Re:Translation of the article by pfafrich · · Score: 1
      "Now we finally know how Linux has matured from hobby OS to IT-company platform," Sontag jibes. "If something sounds too good to be true, it usually isn't," topped McBride. Evolved technology simply cannot be had for free. "Free Software -- not our thing." UNXIX comprises 20 years of development work: Based on it, SCO wants to make money for another 20 years. McBride appealed for support from partners and developers from the UNIX community, otherwise, "the times for good business might soon be over." GPL and Open Source destroy legal business models -- compensations and a legal business model for the future are therefore necessary. Heise seconded: That SCO once distributed its code as Linux distributor, did not mean that Linux users where protected from all demands because of the GPL. Copyright for code can only be obtained by a written contract with the license owner, is his position.

      Besides the legal pandemonium, SCO plans to actually continue product development. CEO McBride left it to his Chief of Development to introduce the roadmap. The most important innovation is a new version of SCO Openserver, codenamed "Legend" [Translator: As in something that's never going to happen, eh?]. Legend is supposed to offer superior Java support and Samba 3 for improved Windows support.

      Strange how a company which says Freesoftware - not our thing. Then claims support for Samba (opensouce if I'm not mistaken) as one of the top points on their roadmap.

      --
      There are four sorts of people in the world: fools, lunatics, idiots and morons. - Umberto Eco, Foucaut's pendulum.
  171. code not in 2.4.22-rc2 by tmroyster · · Score: 2, Interesting

    This code, indeed the whole module, is
    not even in 2.4.22-rc2.

    1. Re:code not in 2.4.22-rc2 by shaldannon · · Score: 1

      Someone on LWN in the comments section of the article referenced said that the entire module has been removed from the source tree for a couple months now. They further added that rewriting malloc() for the tree (rather than using the "infringing" version) increased speed by something like 20%.

      --


      What is your Slash Rating?
  172. Who stole the SCO by Anonymous Coward · · Score: 0

    In today's news, Slashdotters vowed they would not "Take SCO's shit anymore" and decided to pull of some 'Fight Club' like anarchy acts on the offices of SCO. "Hey fuck that dude it's about open source. Maybe I could use this source to get a chick to open her source. I haven't been laid since I was on the wrestling team and my good buddy Chuck and I did the mutual masturbation thing." stated user Jeremy

    We at here SBTS (Slashdot Behind The Scenes) have captured the frustrations of some and have sadly attempted to email this luser who sounded a bit suicidal with his " I'm so tired of this bullshit." comment. We wanted to let him know everything will be alllllllllll right there buddy. No need to get your pencil pouch all out of shape.

    Afterwards, Slashdot pulled off a first by posting an article about Slashdot, posting an article about SCO. After weeks of daily bombardments of SCO related articles Slashdot simply decided to post an article about them speaking about SCO.

    "The problem is, we started running out of stories about SCO to post, I mean we did the SCO said foobar thing the other day, and we've bashed the company spokesperson before. Hell we've even ridiculed the parrot in the SCO offices. These stories are so yesterday, so what better way than to post something entirely new, hip, exciting, and very straight forward. Slashdot posting an article, about posting an article, about SCO. It's so retro and chick." stated Slashdot staff member Hemos

  173. Show me the code's heritage by miniver · · Score: 2, Informative
    Face it. There is stolen code in Linux. How much and how severe the value of the theft is to be determined but that there was theft is almost certain.

    No, no, no. Yes, things look bad (but we already know SCO loves to quote out of context). Yes, there is obviously code that is common between a version of Unix, and Linux, but the real questions become:

    • What is the origin/history/heritage of the code in question?
    • Who had the rights to the code in question?
    • How much of the code can actually be copyrighted?

    Looking at the code snippet that SCO appears to be showing: /arch/ia64/sn/io/ate_utils.c and its associated CVS history it would appear that this code first appeared in the Linux kernel courtesy of SGI (or possibly HP), as part of the Itanium kernel port. SCO/Caldera participated in the Monterey project -- what were the contractual obligations on all of the parties, before and after the breakup? IE: Did the code get there legitimately?

    Keep in mind that depending upon what court you're in, there are limits to how much of software can actually be protected by copyright. Most of the UNIX header files (and therefore parts of the functions that implement the APIs) can not be protected by copyright, since you have to publish them to use them, and a competing implementation has to implement the same APIs. This is where AT&T lost to BSDI, resulting in the freeing of *BSD. For that matter, comments aren't considered to be part of the code in certain jurisdictions.

    Personally, I'm more interested in seeing what non-hardware-dependent code SCO is claiming copyright over. We already know that SCO is claiming some nebulous 'rights' to SMP and RCU code, but how much and where and why?

    --
    We call it art because we have names for the things we understand.
  174. Re:Why is everyone fixated on the kernel source co by Ian+Lance+Taylor · · Score: 4, Insightful

    Don't forget SCO's Linux licensing program.

    The code which SCO showed here does not appear to have been donated by IBM. In the Linux kernel it was marked with an SGI copyright.

    The fact that IBM donated code to Linux may (or may not) give SCO a case against IBM. However, since that code was not written by SCO, for SCO to claim that that code gives SCO any IP rights to Linux is very tenuous.

    SCO is showing this example of direct copying from Unix to Linux to show that SCO has IP rights to Linux, thus justifying their Linux licensing program.

    Mind you, since this code has already been removed from the Linux kernel, it looks like it's not going to help the Linux licensing program much. Of course, SCO claims to have other examples. They're probably worth about as much as this one.

  175. It's got to be infringement..... by telstar · · Score: 4, Funny

    After all ... there can't be more than one person that actually comments their code, can there?

  176. HOW DARE THEY ... by ProfMoriarty · · Score: 3, Funny
    SCO blatently copying peoples' hard work.

    Even the COMMENTS are the same ... have they no shame?

    --
    Karma? Karma? I don't need no stinkin' karma.
  177. How do we know? by Archeopteryx · · Score: 1

    How do we know that the "stolen" code isn't the version in SCOs unix? Have they the chain of custody and verifable archive copies of this code from before Linux existed?

    Also, how do we know that an SCO employee didn't insert the code into Linux under the provisions of the GPL?

    For the bit we were shown, who put it into Linux? With the amount of scrutiny the kernel gets, we ought to know this.

    Something is very fishy here.

    However, even if Linux is destroyed by the SCO suit, I think we can be certain that FreeBSD, GnuHERD, Darwin, etc will be "drop-in" replacements for most applications!

    --
    Dog is my co-pilot.
  178. Re:Why is everyone fixated on the kernel source co by Wylfing · · Score: 1
    SCO may eventually make other claims that all of Linux is their stolen property

    Um, hello? SCO already does this. That's the basis of their licensing scam^H^H^H^Hprogram for Linux. They claim that since, er, 14 trillion lines of code have been copied verbatim into Linux, that Linux is an unauthorized derivative of Unix. Here is an example article detailing their claims.

    --
    Our intelligent designer has never created an animal that we couldn't improve by strapping a bomb to it.
  179. Re:This code was apparently donated by Caldara (SC by Anonymous Coward · · Score: 0

    OK -- now we know that this code is under the BSD license? Another question we need to sort out is if it can therefore be released under the GPL? The author of the code surely can, but can someone else?

  180. Re:NOT GPL compatible (Re:Kernel mailing list comm by EzInKy · · Score: 1

    Please note, this is covered by the old BSD licnese (with advertisement clause), so it's not GPL compatible. The code is aruguably IP theft, since it was not supposed to be available before Caldera made it free.

    Are you saying SCO stole it from BSD then?

    --
    Time is what keeps everything from happening all at once.
  181. Options... by BiggerIsBetter · · Score: 1

    Anyone noticed that SCO execs have been selling their Options this last week or so - and it's costing them to do it. All seems a bit sus to me...

    --
    Forget thrust, drag, lift and weight. Airplanes fly because of money.
  182. Re:Why is everyone fixated on the kernel source co by iabervon · · Score: 1

    The main SCO complaint is against IBM, but this has little to do with that claim. This goes to the lawsuits against SCO for claiming in the press to own things they do not and that things which are properly licensed are not. The licensing dispute between two software companies started this mess, but it is no longer the real issue; SCO may not survive to come to the trial on the original claims if the claims on which their stock manipulation is based are found to be fraudulent.

  183. Has anyone considered... by Anonymous Coward · · Score: 0

    that this may not even be the real code in question?

  184. Re:Were any programmers present during the showing by Ian+Lance+Taylor · · Score: 1

    The Lions' book may be used as a book, but not as code. It says right up front "SCO [this is old SCO, now Tarantella] has granted a license to publish solely for the purpose of creating an educational work. SCO grants no license for any other use of this material."

    Incidentally, very similar code appears in Kernighan and Ritchie. However, the variables names are not precisely the same.

  185. Wait a second... by Qwaniton · · Score: 1

    Hmm. Studying the first image, it appears that the supposedly "stolen" code from SysV put into Linux is commented out. The code is uncommented in the Linux source.

    I think we're being duped. This is just a card trick. They took the code from Linux, commented it out so it would have no effect, and slapped it in SysV.

  186. Huh? by pantherace · · Score: 1
    You mean the HP that doesn't show up to SCO's forum as planned (no keynote, etc), that HP?

    You must think they are crazy if they are one of 2 companies providing 54% or so of SCO/Caldera's revenue (#2 is Sun, I think I can guess who #1 is)

    Sure...

    Though they are definatly more cozy than I would like to be for my public image.

  187. Collected information and collected links by Anonymous Coward · · Score: 1, Informative

    http://www.heise.de/newsticker/data/jk-19.08.03-00 0/imh1.jpg:
    1979: http://minnie.tuhs.org/UnixTree/V7/usr/sys/sys/mal loc.c.html [tuhs.org]
    1986: http://unix-archive.pdp11.org.ru/PDP-11/Trees/2.11 BSD/sys/sys/subr_rmap.c

    http://www.heise.de/newsticker/data/jk-19.08.03- 00 0/imh0.jpg:
    1984: http://groups.google.com/groups?selm=2551%40allegr a.UUCP&oe=UTF-8&output=gplain
    ????: minnie.tuhs.org/UnixTree/32VKern/usr/src/sys/sys/m alloc.c.html

    The original comments on the imh0.jpg slide seem to be directly from the Bell labs 32V unix source (that project started before the 80's)

  188. Good source for UNIX sourcecode by Jeremy+Erwin · · Score: 3, Informative

    I googled for the comments, and found that several early UNIXes contain this comment. The source code for a number of variants, clones, and whatnot, are available here Unfortunately, some trees are limited to man pages, which are merely of historical interest.

  189. Glad I just read Lord of the Rings again . . . by Jdodge99 · · Score: 1

    Because it refreshed my appropriate vocabulary for discussing "new SCO"/Caldera. They're dirty little liars aren't they, yes! We hates them and their nasty little sayings my precious . . . yes we hates them.

  190. SUPER DUPER UBER REDUNDANT!!! by Anonymous Coward · · Score: 0

    stupid moderators + karma whores... what has /. come to? *sigh*

  191. Is this the code? by eberry · · Score: 1

    A quick google of that code found this. Under a heading of 32VKern. Which states "32V was a port of Seventh Edition UNIX to the new VAX platform, which had been released by DEC in 1979."

    What is it we are looking at here? Anyone know the history of this?

    --
    Whoa, whoa, whoa, whoa, whoa, whoa, whoa, whoa, whoa, whoa, whoa, whoa. Lois, this isn't my Batman glass. - Peter
  192. Here's a Conspiracy Theory(tm) for you... by Dr.Dubious+DDQ · · Score: 2, Interesting

    Perhaps the SCO discovered the situation is the OPPOSITE of what they are claiming - one day one of their programmers noticed that a bunch of GPL'd code had been imported at some point into their products. Too much to economically remove (how much does a commercial software developer have to pay programmers to remove and replace 'millions' of lines of code?).

    If so, SCO would know that it was only a matter of time before someone noticed and THEY got in trouble for violation of their license to use GPL'd copyright-protected code.

    Perhaps they figured they'd launch a pre-emptive strike by claiming that the code went the OTHER way, to give them time to e.g. cash in their stock and do what damage-control they could, before, in the end, they finally said "Well, okay, we did not know our own fiendish programmers would 'taint' our code like that, and let this be a warning to you all about the Evil, Evil GPL" (which of course would explain Microsoft's interest in assisting this charade).

    The executives come out looking like poor victims of unscrupulous programmers and walk away with lots of stock money. SCO gets away with all of their lies (after all, the executives were just going with what THEY know, they 'didn't know' that the code came FROM Linux rather than TO. Ignorance IS bliss, even if it's pretended ignorance.) and SCO and MS get to jump up and down excitedly and say "See? See? I TOLD you the GPL was an evil Cancer that can sneak in and rape your Proprietary Code whenever it wants!" (Never mind that if this conspiracy theory is true, it's the fault of the proprietary developer for not paying attention to their own development process...)

    Just a conspiracy theory. I don't have any idea if there's even a shred of truth to it, but it sounded interesting to me.

  193. The real answer. by Anonymous Coward · · Score: 0

    No matter what you nerds say, as soon as a lawyer puts these screen shots up in front of a jury it's pretty much an open and closed case. Unless of course the jury is going to be 12 Slashdotters? But what are the odds of that actually happening? Mod me down but you know what I'm saying is true.

    1. Re:The real answer. by EzInKy · · Score: 1

      No matter what you nerds say, as soon as a lawyer puts these screen shots up in front of a jury it's pretty much an open and closed case.

      Yep, anyone can plainly see from those screenshots that SCO borrowed BSD code.

      --
      Time is what keeps everything from happening all at once.
  194. Irrelevant by frieked · · Score: 1

    Whether or not the code is the same is irrelevant.
    The register has a very good article on why.

    --

    I have often regretted my speech, never my silence.
    -Xenocrates
  195. mirror and a joke by feidaykin · · Score: 2, Informative
    So I thought I'd do my part and mirror the images. The site is holding up good so far, but it's good to have a mirror in case they remove the images.

    image one | image two

    And now a humorous anecdote. Back in my senior year of high school, a student decided to turn in a lengthy research paper... in symbol font.

    Needless to say, this little plot of his didn't exactly work.

    By the way... does anyone else think that font resembled Elvish?

    --

    "To confine our attention to terrestrial matters would be to limit the human spirit." -Stephen Hawking

    1. Re:mirror and a joke by shaldannon · · Score: 1

      That font was Greek, and predates Elvish by a couple thousand years (at least). In any case, Greek and Elvish don't look that much alike. Check your Elvish again :)

      --


      What is your Slash Rating?
  196. Courtroom Shenanigans by cooldev · · Score: 2, Insightful

    Others have shown that for these specific sections of code the history can be easily traced. However, imagine yourself in a trial, with sophist lawyers explaining to a technically ignorant judge and/or jury that the code is copied, IP rights were violated, and here's the proof.

    Without the proper technical knowledge and resources, the outcome becomes completely dependent on which side can dumb the technical discussion down and argue the best. The facts are often secondary.

    Now imagine this whole scenario with IBM being the "bad guy" and SCO being the "good guy", as seen from the /. perspective. Most of you would be cheering on SCO in this exact same situation, simply because your preconceived bias was reversed.

    Take this as a lesson: try to objectively look at the facts (or be aware that you don't have the facts) before jumping to the conclusion that someone's guilty.

    1. Re:Courtroom Shenanigans by CashCarSTAR · · Score: 1

      Err...no

      One side is right, the other side is wrong. Now, there can be areas of gray, but this CAN happen.

      Frankly, SCO has no credibilty at this point. If they want to be taken serious...show the source.

    2. Re:Courtroom Shenanigans by Anonymous Coward · · Score: 0
      Take this as a lesson: try to objectively look at the facts (or be aware that you don't have the facts) before jumping to the conclusion that someone's guilty.

      Seems you've already made up your mind about me and Slashdot. You know exactly how I think and work. Why bother writing to us?

  197. Well by autopr0n · · Score: 4, Informative

    If you read the article, you'd see that that SCO BSD'd all that code just last year. This is something they can't revoke.

    --
    autopr0n is like, down and stuff.
    1. Re:Well by arkanes · · Score: 1

      The update with the LWM link was posted after my post - or rather, while I was researching it.

    2. Re:Well by Magic+Thread · · Score: 3, Informative

      It was the original BSD license, though. The one with the GPL-incompatible obnoxious advertising clause. The copyright notice has been changed as well. So there is copyright violation here, though it's doubtful SCO can claim monetary damages from it.

    3. Re:Well by dfries · · Score: 1

      And the GPL license they were distributing Linux under earlier this year is?

    4. Re:Well by mpe · · Score: 1

      It was the original BSD license, though. The one with the GPL-incompatible obnoxious advertising clause. The copyright notice has been changed as well. So there is copyright violation here, though it's doubtful SCO can claim monetary damages from it.

      Very doubtful, given that if it is BSD (or SGI) code then SCO are unlikely to be the copyright holder in the first place. Maybe SCO will find themselves sued by the University of California :)

    5. Re:Well by Magic+Thread · · Score: 1

      Wrong! It was released as part of Caldera's Ancient Unix distribution.

  198. REQ: Someone post the LWN trace by KlomDark · · Score: 1

    Looks like they're getting slashdotted, if anybody can get to it, post it here, sounds interesting!

    1. Re:REQ: Someone post the LWN trace by Stephen+Samuel · · Score: 1
      Why SCO won't show the code

      At SCO's annual reseller show, the company's executives put up a couple of slides as a way of demonstrating how Unix code had been "stolen" and put into Linux. The two slides were photographed and have since appeared on Heise Online; see them here and here. The escape of these slides has allowed the Linux community to do something it has been craving since the beginning of the SCO case: track down the real origins of the code that SCO claims as its own. The results, in this case, came quick and clear. They do not bode well for SCO.

      The code in question is found in arch/ia64/sn/io/ate_utils.c in the 2.4 tree. It carries an SGI copyright. It seems that SGI was not entirely forthcoming in documenting the source of its source; some of the code in question was, indisputably, not written at SGI. So where does it really come from?

      This code is from sys/sys/malloc.c in V7 Unix. It has been widely published; among other things, it can be found in Lion's Commentary on Unix (if you can get a copy). It featured in this 1984 Usenet posting. And, crucially, it has been circulated with the V7 Unix source, which was released by Caldera (now the SCO Group) under the BSD license. SCO would like the world to forget about that release now, but the Wayback Machine remembers.

      So...SCO's code demonstration, the one that it put up to convince its resellers of its case, comes from a version of Unix which first came out in 1979. The code was publicly circulated in the 1980's, and explicitly released under the BSD license by [the company now known as] SCO at the beginning of 2002. SCO might well have a complaint that SGI did not properly give credit for the code it used. But there is no possible way the company can argue that this code's presence in Linux is an infringement of its copyrights.

      And this, of course, is why SCO refuses to show the code that, it claims, is copied. These claims do not stand up to even a few hours' scrutiny on the net. SCO may yet have an interesting contract dispute with IBM, but, from what we have seen so far, its claims of direct copying of code are hollow.

      (Many thanks to those who commented on an earlier LWN posting on this subject - those comments are the source for just about everything that appears in this article. Many thanks are due to LWN's readers; you have shown the best of what the community can do. Update: see also: this analysis of SCO's code by Bruce Perens.)

      ______

      While I'm here, I have my own comments, that I really don't think that that chunk is copyrightable... It's far too direct an implementation of a simple algorithm to make it past copyright rules.

      --
      Free Software: Like love, it grows best when given away.
  199. That one line by randomErr · · Score: 1

    There is always 1 thing, 1 detail that jumps out at me. Its that fact that they hide a comment. Why? Its not a series propritary comments(Admin Password: B8a8h543) or embarassing comments like 'I love cold pizza'.

    If these slides are proven real then my opinion on SCO is finalized. Besides the 2.4 kernal has been out for years. Why has it taken them so long to find this naughty bit of code?

    --
    You say things that offend me and I can deal with it. Can you?
  200. Slander and libel it most certainly is by FreeUser · · Score: 1

    Slander, noun
    1: the utterance of false charges or misrepresntations which defame and damage another's resputation
    2: a false and defamatory oral statement about a person


    SCO is making false utterances and charges not only against linux, but against Linus Torvalds personally and every developer, supporter, and user of the Linux kernel. In so doing, they have damaged the public, professional reputations of Linux distributors (Red Hat, IBM, and others), developers, advocates, and users. If libel law doesn't cover this behavior, then it is really a relatively useless piece of legislation.

    What SCO is doing is not only slanderous, it is illegal in so many fashions (SEC violations, protection racket, copyright violation of the linux kernel, etc. etc.) that Darl McBride et. al. really should be doing hard time in a butt-slamming prison if there is anything even remotely resembling justice in this country. Which, I am sad to say, there almost certainly is not.

    BTW - Libel fits what SCO is doing as well. To wit:

    2 a : a written or oral defamatory statement or representation that conveys an unjustly unfavorable impression

    SCO's press releases and public statements vis-a-vis Linux, the linux development community, Red Hat, and Linus Torvalds most certainly fall into this category.

    Of course, the legal definitions of both slander and libel are more narrow, but certainly the dictionary definitions, for the purpose of discussion, have more than been met.

    --
    The Future of Human Evolution: Autonomy
    1. Re:Slander and libel it most certainly is by Anonymous Coward · · Score: 0

      And you know that Linus Torvalds and other Linux developers did not conspire with IBM to copy UNIX code and destroy the market for UnixWare how exactly? ...

      Too much television creates dull thinkers that believe good guys prevail and get the girl, and the government puts bad guys in jail, or better yet just shoots them. No wonder the American business economy is moving offshore.

  201. Surely, IBM has *some* MBA's on staff! by jabber01 · · Score: 2, Funny

    All they have to do is show the code to a former business major. The cheating and underhandedness of which the geeks never think is part and parcel of the business curriculum. In fact, I'm quite sure there's a whole section dedicated to the practice on the LSATs - so if not management, IBM's legal department could easily see to it.

    --

    The REAL jabber has the user id: 13196
    What you do today will cost you a day of your life

  202. binary to source by nsahoo · · Score: 1

    is there a way to prove, the kernel bzImage that I have came from a source containing the comments or the variable names that the SCO code contains? especially if it does not have debugging info?

    --


    When a post becomes too insightful, it often becomes funny.
    1. Re:binary to source by Anonymous Coward · · Score: 0

      Yes. Just look at the source used to compile it. How else would you prove it. You also can't disprove it, because you don't have any other source the would compile to make the same bzImage.

    2. Re:binary to source by nsahoo · · Score: 1

      I thought I was innocent until proven guilty. The bzImage that I have can come from the present source or from a source wihtout all SCO's copyrighted comments and with a different set of variable names. So, it might as well have come from such a source. Is there something establishing a relation between this binary and the source that SCO is claiming to be containing its proprietary comments?

      --


      When a post becomes too insightful, it often becomes funny.
  203. Oops missed the best one: by Arker · · Score: 4, Informative

    http://unix-archive.pdp11.org.ru/PDP-11/Trees/2. 11BSD/sys/sys/subr_rmap.c

    Deliberately not making links so as to hopefully not slashdot more servers than necessary. If you want to see it, cut and paste.

    BSD 2.11, for the PDP-11, had it. This is very very ancient Unix.

    --
    =-=-=-=-=-=-=-=-=-=-=-=-=-=-
    Friends don't let friends enable ecmascript.
    1. Re:Oops missed the best one: by rifter · · Score: 2, Interesting

      This is very very ancient Unix.

      Very ancient Unix which Caldera (SCO) licensed to everyone under the BSD license as soon as they bought it, you mean. Besides, I would be surprised if this code was not in the public domain anyway given how old it is (predating Senator Disney) and its presence in numerous textbooks, etc. It's easy to see how it would have "made its way into Linux" as when Linux was being written people were using textbook examples and their knowlege thereof to make linux as UNIX-alike/POSIX-compliant as possible.

    2. Re:Oops missed the best one: by quigonn · · Score: 3, Insightful

      The funniest part (for me) is that it's a trivial first-fit algorithm for (in the Unix V6 source code) memory allocation, that has be written and rewritten by really a lot of people and documented in various textbooks (Lions' Commentary, Tanenbaum's book about Minix). Definitely not something SCO could claim "Intellectual Property" for.

      --
      A monkey is doing the real work for me.
    3. Re:Oops missed the best one: by Arker · · Score: 2, Informative

      Are you sure Caldera was the first to release it under BSD? I'm pretty sure it was actually released that way several years earlier, and Caldera essentially just republished it, but I could be wrong.

      But either way you're of course quite right, there are plenty of legitimate ways for that comment and many more like them to have wound up in linux code.

      Also note that it's already been removed, along with the code below it, as has been planned for some time. It was one of those ugly hacks they had been planning to rewrite for some time anyway.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    4. Re:Oops missed the best one: by Anonymous Coward · · Score: 0

      They don't claim "Intellectual Property" they claim copyright, which applies regardless of how novel the algorithm isn't.

  204. Re: The Real History by Lucas+Membrane · · Score: 1
    772,000 BCE -- The rock is discovered. Rock-wielding people profit.

    191,000 BCE -- The stick is discovered. Stick-wielding people profit.

    87,622 BCE -- The rock on a stick is invented. Rock-on-a-stick-wielding people profit.

    1780 BCE -- The lawyer is invented (Hamurabi). Lawyer-wielding people profit.

    2003 CE -- This isn't working. How about we go back to rocks?

  205. I hope not by Royster · · Score: 1

    That would be a copyright violation.

    --
    I have discovered a truly marvelous sig, unfortunately the sig limit is too small to contain i
  206. Not at all irrelevant by bstadil · · Score: 3, Interesting
    This is not irrelevant at all.

    Think about the RedHat suit, They are suing for damages to their business.

    Lying at a public forum knowing this will boost your share price at the expense of the credibility of a competitor is Bad News.

    Any jury (remember this is in Federal court not in the Mormon hinterland) will award damages.

    --
    Help fight continental drift.
    1. Re:Not at all irrelevant by frieked · · Score: 1

      Good point about the redhat suit, I wasn't even thinking about that.
      I should have pointed out that I was speaking in terms of the SCO vs IBM suit though. It's already been established that part of the code is the same in both unix/linux. Further proof of that is irrelevent. SCO's only hope now is if the GPL fails in court (which is very unlikely as was explained in the article from my previous post.)

      --

      I have often regretted my speech, never my silence.
      -Xenocrates
  207. ASSEMBLER code? by k98sven · · Score: 2

    In the screenshot, the linux code shown is clearly in C.

    Could it be that same (BSD) routine was reimplemented in Linux and in SCO Unix, and in assembly language in the latter?

    And could it be that SCO:s clumsy obfuscation attempt was done to conceal the fact that this code was probably not copied "line-for-line" as it was written in a different language??

    1. Re:ASSEMBLER code? by Arker · · Score: 2, Insightful

      I don't know what the heck they were thinking when they did that, it was a pretty dumb way to try and hide something that doesn't seem to be very important anyway. As another poster suggested, it may have just been a setup to the kind of dumb-joke jocks-turned-managers always love... 'heheh all this geeky computer code is greek to me' or something.

      But the cool thing is this example turns out to be exactly what we've been saying from the beginning it likely was - stuff that does indeed appear in the source tree Caldera bought along with the name of SCO, but NOT stuff that they have an unencumbered copyright on. This comment dates at least to 76, it appears in print in a K&R book, in the Lions book, and in a number of different BSD licensed Unices. Not to mention that it's a comment not code, so it wouldn't matter even if that weren't true.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
  208. From Linux Magazine's interview with Andrew Morton by archnerd · · Score: 1

    "My expectation is that if SCO's claim proves to be valid, the offending code will vanish from the tree within four hours, and then someone will reimplement the code from scratch in one or two days. The total value of the code? Perhaps $500."

  209. You forget the Redhat suit by bstadil · · Score: 2, Interesting
    Nice theory but you forget the Redhat suit.

    This adds to the damages that RedHat can claim. Trick or not they are harming Redhat by stating something that is a lie.

    --
    Help fight continental drift.
  210. mission accomplished by Anonymous Coward · · Score: 0

    I'm sure both Gates and the SCO guy (I refuse to give him the honour of remembering his name) are breaking out the champagne just about now.

    Cost of operation: $20 mio. tops (worth of SCO)
    Income through licenses: ca. $5k (there's a few dumb people everywhere)
    FUD value: a million or two
    Free advertisement value: a couple millions.

    wasted manpower of the free software community: hours and hours and hours that could've been spent coding. Total net worth: Millions.

    I guess they've reached the break even point about now. Congratulations.

  211. What is even more interesting ... by gotan · · Score: 1
    Caldera might have contributed just that code intentionally (as opposed to unknowingly distributing it under GPL) when they took part in the Trillian project. This is also extensively discussed in an older LWN comment:
    Caldera, yes, the same Caldera that acquired the server part of Old SCO in August 2000 and renamed itself The SCO Group in 2003, created an IA-64 distribution.
    --
    "By the way if anyone here is in advertising or marketing... kill yourself." -- Bill Hicks
  212. No wonder SCO's products suck... by kwiqsilver · · Score: 3, Funny

    They're all written in Greek! Greek is a fine language for religious texts and plays about incest, but it's not a programming language. Silly SCO...
    Here's what they cleverly hid using a different font:
    "As part of the kernel evolution
    toward modular naming, the
    functions malloc and mfree are being
    renamed to rmalloc and rmfree.
    Compatibility will be maintained by
    the following assembler code:
    (also see mfree/rmfree below)
    "
    Does breaking their encryption count as my DMCA violation for today?

    1. Re:No wonder SCO's products suck... by glsunder · · Score: 1

      Someone was overheard saying, "Code shmode. It's all greek to me."

  213. Doorknob party at SCO!! by Sebastopol · · Score: 1

    I'll bring the pillow cases, you guys bring the doorknobs!!!

    --
    https://www.accountkiller.com/removal-requested
  214. Test of Slashdot Smackdown system! by mabhatter654 · · Score: 1
    This is a test of the Slashdot Smackdown system. The SCO talking heads have released this just as more proof for FUD. While the press should report:
    "SCO CLAIM REFUTED IN 780.345 SECONDS BY LINUX COMMUNITY"
    they are right now working on a spin PR piece:
    "SLASHER HACKER SITE HAS SCO SOURCE!"

    Frankly, they'll use this in court as proof that the community is out to get them and do them harm. Their claim that SCO IP is "trade secret" is rubish if they claim we all have it! They really only have to say what lines in Linux need removed, not show their actual source. Although once they tell what lines in Linux "infringe", we can contract third parties with valid access to SCO source to do proper comparison with lawyers and notaries etc. Hopefully judges will see thru the spin that the community knows it's stuff--and is willing and able to correct itself if given the chance.

  215. Re:NOT GPL compatible (Re:Kernel mailing list comm by lspd · · Score: 2, Interesting

    No.. He's pointing out (as was done on the LKML that any use of code under the Caldera license requires that you include a (c) Caldera in the source. This file doens't do that. More importantly it was release PRIOR to Caldera relicensing the Ancient Unix code.

    A lot of people want to think since it's in BSD it must be free. This just shows how dangerous a little knowledge can be. Not all BSD's are free. Originally you needed a Unix license to use the BSD code, and all of the BSD examples people keep quoting are from versions that required a Unix license. The only BSD code you can use and feel confident about comes from version 4.4 BSD-lite and beyond. Anything prior to that in not free. Whether or not Caldera's release of the Ancient Unix code makes these older versions of BSD "free" is questionable (and given Caldera/SCO's sue happy management...it's just stupid to use it anyway.) It's unfortunate that the old BSD's are so readily available. Too many people are geting confused. It all just drills home the fact that if you're accepting patches from someone else you need them to let you know exactly where they took material from if they're reusing code. They might believe the code they're using is free when in fact it isn't.

    Not that I think this is a case of someone getting confused. If I had to guess I'd say that someone at SGI was just being lazy and grabbed the first version of malloc() and free() that they could find. There are better versions available (in the Linux kernel even) and they don't flow from the questionably licensed Unix sources.

    This entire thing is old news though. The Kernel team were told about this code quite a while back and it was prompty removed. If I remember correctly ate_utils is in Kernel versions 2.4.19 to 2.4.21. It will not be in 2.4.22. It's also available in a seperate ia64 port package for kernel versions prior to 2.4.19 on kernel.org.

  216. Not if... by gosand · · Score: 1
    Of course isn't descrabling the greek phrase a direct violation of the DMCA?

    Not if you know Greek.

    --

    My beliefs do not require that you agree with them.

  217. Analysis by Bruce Perens by kaip · · Score: 5, Informative

    Bruce Perens has written an analysis of the code that SCO claims was wrongfully copied into Linux: http://perens.com/Articles/SCOCopiedCode.html

    1. Re:Analysis by Bruce Perens by character+sequence · · Score: 2, Interesting
      Hmmm.... Bruce Perens writes:

      It strikes me that SCO would show their best example. This is it?!?!? Hoary old code from 1973 that's been all over the net for three decades and is released under a license that allows the Linux developers to use it with impunity? If this is their best example, they are bound to lose.

      However, the Heise article says (my translation):

      Supposedly, around 700 critical lines of code for SMP-technology drifted from Unix into Linux releases 2.4 and 2.5. In total, SCO's testers are supposed to have found over 800000 lines of duplicated program code - an example from SCO is shown in the picture right (enlarged view).

      i.e. that was just one example, chosen by Heise. If even 1% of what SCO says is true, this could get very nasty for IBM and/or Linux in general. <flame suit on>

      Maybe we'll one day see the FSF sue the arses of the any programmers who stole code and signed false copyright assignment forms. You can see the text of one of those here. It includes this:

      The Assigner hereby represents and warrants that it is the sole copyright holder for the Work and that it has the right and power to enter into this contract. The Assigner hereby indemnify and hold harmless the Foundation, its officers, employees, and agents against any and all claims, actions or damages (including attorney's reasonable fees) asserted by or paid to any party on account of a breach or alleged breach of the foregoing warranty.

      Be afraid, be very afraid...

      --
      Karma: Nonnegative
  218. Appropriate Simpsons quote by Platinum+Dragon · · Score: 2, Funny

    Judge: The foreman will pass the verdict to the bailiff.

    [Lionel Hutz hands him something]

    Judge: This verdict is written on a cocktail napkin. And it still says guilty. And guilty is spelled wrong!

    --

    Someday, you're going to die. Get over it.
  219. screen 1 means NOTHING by Anonymous Coward · · Score: 0

    Ok, some common sense here. In the first screenshot the COMMENTS are the same. Ok, that's obvious. But the code in the "original system V code" has been greeked. This is a common practice in the print world when you are doing a layout and don't yet have the text for it. Since they are saying it's a line by line copy the code that they greeked wasn't the same as the code on the right side pane. Otherwise they could've just shown it as well since it's shown on the otherside. That implies that the code itself was, in fact, NOT copied verbatim like they claimed. So why show that slide at all? Are they REALLY complaining because some comments were copied near verbatim? That's crazy talk.

  220. You just comitted a felony. by raehl · · Score: 1

    You realize that the DMCA prohibits you from circumventing a copy protection scheme, right? It's obvious that SCO intentionally encoded the text to prevent unauthorized persons from reading it, and you just broke that encoding. I hope they don't send you to pound-you-in-the-ass prison.

  221. Location of the Linux code by Nucleon500 · · Score: 1
    Some quick grepping of the kernel code turns up:

    /usr/src/linux-2.4.20-gentoo-r5/arch/ia64/sn/io/at e_utils.c:87
    And the copyright disclaimer on that file:

    /* $Id: ate_utils.c,v 1.1 2002/02/28 17:31:25 marcelo Exp $
    *
    * This file is subject to the terms and conditions of the GNU General Public
    * License. See the file "COPYING" in the main directory of this archive
    * for more details.
    *
    * Copyright (C) 1992 - 1997, 2000-2002 Silicon Graphics, Inc. All rights reserved.
    */

    I don't understand why nobody has grepped the code earlier. I just grepped for a short, memorable line, and found it in about 10 seconds. Nothing would stop me from remembering it at a presentation and grepping for it a few hours later in a hotel room. (Except the NDA, of course.) The genesis and ownership of this code is left as an excercise to the reader, but I still think SCO is full of it.

  222. Anyone else? by Pentagram · · Score: 1

    So SCO, allegedly a Microsoft puppet and quietly backed by Sun, is suing IBM because it supposedly contributed Linux kernel code which was actually committed by Hewlett-Packard but does in fact have an SGI copyright tag. Not that it matters, because it all comes from old BSD code anyway. Meanwhile RedHat, the FSF, OSI and EFF all attack SCO.

    Have I missed anyone out? It seems as if everyone in the software world is getting involved. It's like software's WW2. Presumably Apple is Switzerland.

  223. New lawsuit? by Anonymous Coward · · Score: 0

    How long before SCO sues Greece? Clearly the greeks stole the aplhabet from SCO :)

  224. Perhaps you'd best leave those variables alone.... by geek4ever · · Score: 0

    If you read further down, it talks about the possibility SCO stole the code from Linux. I could be wrong here, but wouldn't the GPL bug infect SCO Unix, making it open source?

    --


    Karma: Bad. Mostly because the only moderators that notice me are conservatives.
  225. 1973 -- any older? by arth1 · · Score: 1
    Actually, it appears that the code is even older.

    From tuhs.org we can see it's even in the V5 code, with a 1973 copyright notice:
    #
    /*
    * Copyright 1973 Bell Telephone Laboratories Inc
    */

    struct map {
    char *m_size;
    char *m_addr;
    [chop]

    This code has been released to the public by Caldera, as well as being proliferated all across dozens of different operating systems.
    Anyone found anything older?

    Regards,
    --
    *Art
  226. Apparently HP changed tracks ... by gotan · · Score: 1

    But they were listed as premier sponsor until that list was pulled (probably due to the fact that HP (and some others) flipped them the bird).

    --
    "By the way if anyone here is in advertising or marketing... kill yourself." -- Bill Hicks
  227. mod parent DOWN - untrue statement by frovingslosh · · Score: 1

    Beuond the statement not making sense, neither snippet uses printf. The poster wants to be moded down as a troll, and should be accomidated.

    --
    I'm an American. I love this country and the freedoms that we used to have.
  228. Hmm by Anonymous Coward · · Score: 0

    Microsoft = Germany
    SCO = Japan
    Sun = Italy

    IBM = US
    er...
    FSF = UK
    OSI = France
    HP = Russia?
    EFF = the Red Cross
    RedHat = Australia
    etc.

    so presumably

    Bill Gates = Adolf Hitler
    Darl McBride = Emperor Thingy

    RMS = Winston Churchill
    Eben Moglen = Gen. Montgomery
    ESR = De Gaulle (heh)
    Bruce Perens = Gen. Eisenhower
    etc.

  229. Doesn't the NDA violation bother anyone? by digrieze · · Score: 0, Insightful

    This is amazing! The crowd that loves to flame on microsoft and preach and proclaim you can't trust "the evil corporation" just because of who they are now dives headlong into proving the enemies assertions, that the LINUX system can't be trusted because you can't trust unknown coders.

    The code being discussed was photograped and posted in violation of a non-disclosure agreement (one reason I'm NOT discussing its' content). NDAs are one of the foundations of software development and the *.nix community is happily proving it can't be trusted just because it smells blood on the enemy. Any major project is too big to insure 100% review. If we can't be trusted then neither can the code we offer.

    I expect and HOPE Heisse is sued for the violation. I HOPE but do not expect the *.nix community will stop shooting itself in the foot and putting flesh on the naysayers FUD.

    Get a grip people, you can only lose a trusted reputation once, you never get another chance.

    --
    It doesn't matter what you wrap your emotions around, Reality is a brick wall specifically designed to scramble eggs
    1. Re:Doesn't the NDA violation bother anyone? by Anonymous Coward · · Score: 0

      The NDA only applied to the portions shown in a special session. These pictures are from a NDA-less conference. See CNET News: Getting a Glimpse at SCO's Evidence

    2. Re:Doesn't the NDA violation bother anyone? by Tsu+Dho+Nimh · · Score: 1
      "The code being discussed was photograped and posted in violation of a non-disclosure agreement"

      What NDA did the press and attendees at that conference sign to get to see that pep talk?

    3. Re:Doesn't the NDA violation bother anyone? by digrieze · · Score: 1

      Read the CNET article link in the other reply. It could be this was from a previous release, but as far as I know this is the only time this code was made public.

      I just find it amusing that in the same discussion integrety in code is assumed and integrety in people seems lacking. It's a scary contradiction.

      --
      It doesn't matter what you wrap your emotions around, Reality is a brick wall specifically designed to scramble eggs
    4. Re:Doesn't the NDA violation bother anyone? by Anonymous Coward · · Score: 0

      I just find it amusing that in the same discussion integrety in code is assumed and integrety in people seems lacking.

      If you promised someone that you would keep a secret, and they then told you that they rape and muder children, and enjoyed it, and would never stop, would you have any compunction about going to the police?

      Would you find it "amusing" that you would call this murderer a pervert, but that you would have no integrity?

      NDAs are a matter of law. They are not always a matter of morality.

      Even though the publisher was doing it for the wrong reasons (they were attempting to show to Linux people that SCO was right,) the moral effect is the same. Breaking the NDA was the right thing to do.

      Of course, this won't matter to you, because you're just a /. troll.

    5. Re:Doesn't the NDA violation bother anyone? by digrieze · · Score: 1

      Nope, trolls post anonymously, I'll take the credit and the heat for what I post.

      And I still stick to my contention that NDAs are one of the foundations of our existence in dealers in intellectual property. Integrety includes sticking to things even when we DON'T agree with it (and this isn't murder or rape, if SCO is wrong they'll lose, either in court or in the inevitable appeal, and if they DO lose the court costs will sink them like a rock, unlike IBM).

      If we want open source to be trusted we have to remember we're coming to the public (who wouldn't understand HOW to read source) with a great big smile saying "just trust me". Fortunatly the ones that would get scared off are reading the "anime" threads and probably not (hopefully) this stuff (except for CIOs that do purchases of things like *.nix).

      --
      It doesn't matter what you wrap your emotions around, Reality is a brick wall specifically designed to scramble eggs
  230. from the source code by cswiii · · Score: 1

    #include

    Short for "invent_a_load_of_horseshit_lawsuit"

  231. Re:"Leaked"? Careful! This might be a set-up by SC by AtariDatacenter · · Score: 1

    I like the theory.... it is very inviting. However, you're assuming that they've got a brilliant master plan, which they don't. I know it is hard to believe, but their claims REALLY ARE as poor as it seems. It is like some sort of street theater performance where they're committing suicide in the most entertaining and dramatic way possible.

  232. The ironing is delicious by spectasaurus · · Score: 2, Interesting

    What should we make of the fact that the Unix Tree is located on the same site as a plagiarism detector?

  233. Translation of System V Code in Pic #1 by ryan1234 · · Score: 1

    As part of the kernel evolution towards modular naming, the functions malloc and mfree are being renamed to rmalloc and rmalloc. Compatibility will be maintained by the following assembler code: (also see mfree/rmfree below)

  234. Silly question. by AtariDatacenter · · Score: 1

    Shouldn't SCO go after HP next? (I don't mean from a logical perspective, more from a SCO Corporate perspective.)

  235. Linux Will Die if something is not done. by eadint · · Score: 1

    The people on slashdot are compleat idiots and linux will be the casualty for their folly. if the developer comunity does not act imedieatly with overwhelming force, linux will cease to exist. if you read the article SCO is not really intereted in licensing Linux they want to eradicate it.

    Stop complaining and put you money where your mouth is.
    I am tired of this SCO crap. When are you people going to stop whining and do something about it. If you have contributed to the Linux kernel, sue SCO for damaging your product and under the terms of their claims they owe you for licensing. If you have been given an invoice from SCO, sue them and report them for extortion. If you have bought a license, sue them for false advertising. Whining about it on slash dot will accomplish absolutely 0, bubkiss, dittly. This is the only way to strike back at a company that uses litigation as a business model. Use litigation to counter them. There is not other way to stop SCO. There were allot of people that said fascism, Stalin and Hitler were bad people, but nobody actually did anything about it (until it was too late) so my fellow slashdotters, before you post one more reply to an SCO article, why don't you put you money where your mouth is file suit against SCO, and then comment about that.

  236. I disagree by dcavanaugh · · Score: 1

    Every day that SCO goes without doing a full "no kidding" revelation of the "infringing" code raises the probability that the whole thing is a "pump & dump" smoke screen.

    If the "infringements" were anywhere near as widespread as SCO claims, they would be showing something a little more convincing than what we have seen so far.

  237. Highly suspect as usual by SpacePunk · · Score: 2, Interesting

    In the first example only the comments match. The code in the left half is scrambled, but in the right half is not scrambled. This leads me to believe that the code itself is different since it makes no sense to leave one readable and one not readable if they intend to hide their 'IP' code if it is indeed the same.

    In the second example, it is not comparative. Again, assuming they don't want to show the world their 'IP' then I doubt that code is theirs also.

    They are full of shit, just keep shoveling more of it, and those that accept that shit aren't worth dealing with.

    It's no wonder that HP pulled out of that shitfest. They'd just inherit the stink if they participated.

  238. ::embarrased:: by Ayanami+Rei · · Score: 1

    ::blushing::

    I can't read German (without babelfish), and I've heard people badmouth Heise. See my previous retraction.

    Gomen!!!

    --
    THIS THING CAN TURN ON A DIME, MACROSSZERO STYLE ALSO FUCK BETA, ~NYORON
  239. Can you also tell us: by Anonymous Coward · · Score: 0

    -if its possible to find out-, who submitted this patch to BK? Linus?

    Was it sent public on the lkml list and then linus accepted it and sent it to BK, or was it sent in private to Alan Cox who pushed in under the table to Larry McVoy?

    It is important to know.
    (the professor with the candlestick)

  240. Stealing? by Steeltoe · · Score: 5, Insightful

    I find it sad to see how many here call sharing code for stealing. Without sharing code, there can be no further progress on computer science. Instead of having ad-hoc solutions, it can evolve into a fully fledged engineering science. But only if people can collaborate on standards and further its progress instead of being busy putting up tool-booths for inventing the inevitable.

    You never drive over a bridge proprietary to BigCorporation(R)(TM)(C). You drive over an assembled construction errected by standardized plans, tools and mass. Instead, we have a mad goldrush that sinks the economy through the floor.

    Sad.

    1. Re:Stealing? by Anonymous Coward · · Score: 0

      Good point, superbly made..

    2. Re:Stealing? by zangdesign · · Score: 2, Interesting

      Taking something without permission is theft. If I write a piece of code that is original, peculiar to my situation, and you decide to just up and take it without permission, implied or otherwise, then you are guilty of theft.

      Code is not necessarily always speech. It is an expression of ideas, but it can be copyrighted, which gives me ownership. It may not be right, it may not be ethical, but it is legal under the law, and that's all we've got to work with for now.

      So, the answer is, change the law.

      --
      To celebrate the occasion of my 1000th post, I will post no more forever on Slashdot. Goodbye.
  241. Parody... by MosesJones · · Score: 1


    What a great idea... because Parody is protected by the first ammendment (People vs Larry Flint anyone?)

    --
    An Eye for an Eye will make the whole world blind - Gandhi
  242. Yes, they're lying by Rogerborg · · Score: 2, Insightful

    Now, can we please stop helping their astroturfing? There's no story here. All they want is publicity, any publicity. Shush now. Shush.

    --
    If you were blocking sigs, you wouldn't have to read this.
  243. I like Open Source by corgicorgi · · Score: 1

    Open Source community is great! Any problem, whether it is technical or legal, there are so many people jumping in to help. This is a sign OS will thrive.

  244. Free from fee? by ospirata · · Score: 2, Insightful

    Well, if it proves that the "stolen code" is ia64 architeture specific, I gues I won't have to pay at all a thing to SCO to run Linux at my Duron. Sco, any comments?

  245. This is not a valid Chewbacca defence. by roman_mir · · Score: 1

    Your comments actually make sence in a way, why would anyone do that? However by making sence your comments fail to invoke the Chewbacca defence. The only strange part of your statement is that Chewbacca actually uses an x86 - but this statement is not illogical, thus it makes sence. On these grounds (that your statement makes sence) I declare that the jury must not acquit and must find you guilty.

    1. Re:This is not a valid Chewbacca defence. by BoneFlower · · Score: 1

      However, the core of his statement is that Chewbacca buys an ia64 software license for his x86 32 computer. That does not make sense.

  246. Greek comments as a tracer by BuilderBob · · Score: 2, Interesting

    What if the greek comments are a tracer to find out who leaked it?

    The comment in the picture used the letter 'o' which isn't in greek, what if every person who looked at this got a slightly different obfuscation from English to Greek (e.g. using a 'w' instead of omega). This would allow SCO to trace the pictures back to the leak.

    Obviously, this is not SCO code, a google check reveals that, what if it's a method for SCO to weed out those 'expert' witnesses whho side with IBM instead of them? If you don't leak this code, you get to see the good stuff...I'ts like porn :)

    BB

    1. Re:Greek comments as a tracer by wavecoder · · Score: 1

      Actually, the letter 'o' is in Greek; it's called "omicron," as opposed to "omega."

      Think before you post.

    2. Re:Greek comments as a tracer by BuilderBob · · Score: 1

      Thank you Ed (or is it Bob?), but I stand by my reasoning, the last word in the image is 'below', but they have used a lower case omega as the w, and typically (in Microsft Word and in latex), omicron is in a different font to 'o'. Plus there are other ways to write that sentence.

      .

  247. yep. It's AT&T code, but... by Stephen+Samuel · · Score: 4, Interesting
    OK: so, good news, bad news here.

    The bad news is that we have code in Linux that's tracable back to AT&T, and it doesn't seem to be properly attributed.

    The good news is that the easy solution to this is to simply properly attribute this code. (it was apparently released by SCO, under a BSD license, which requires attribution). A better solution might be to simply rewrite it from scratch.

    Another good news/bad news is that this is very tight and highly functional code. As such it might be rather hard to rewrite without reproducing.. on the other hand, if that is the case, this might be an indication that this code is not properly copyrightable (IANAL, but my understanding is that functional, as opposed to expressive code is not considered copyrightable).

    Better yet, can anybody get hold of Thompson and see if he remembers where he got this algorithm from?

    That having been said, this is a very small chunck of code, and may have been further purloined from elsewhere. (anybody have a copy of "Knuth" floating around?)

    (IANAL, but I sometimes get mistaken for one)

    --
    Free Software: Like love, it grows best when given away.
  248. No "Code" in Example; Only Comments by Prizm · · Score: 2, Interesting

    According to the first picture, there is actually no copied "Code". The left side of the picture, the System V Code, contains a comment header followed by further comments obfuscated in the Symbol font. The right side, the linux code, has the same comments for the most part, followed by the malloc() code.

    The problem is that there's no actual functional code copied in this example - only comments. If this is one of their strongest example of IP infringement by IBM, it's a sorry example. Is there any protection for copying comments?

    1. Re:No "Code" in Example; Only Comments by Error27 · · Score: 1

      Yes, but those are Enterprize Class comments...

  249. Short the stock! by cuijian · · Score: 1

    Sounds like its time to short SCOX. I figure CNET and other major publications will probably have stories about this tomorrow, this is sure to have a negative impact on the companies stock price.

    1. Re:Short the stock! by ptbarnett · · Score: 1
      I've been wondering the same thing. The market hasn't reacted to this at all: SCO stock is down only about 1%. This is all over various tech websites and even some non-tech websites. You would think that word would have already leaked out.

      SCO's response is going to be interesting. They now have to show something that enhances their credibility, and I'll bet they are scrambling to make sure it holds up under scrutiny.

  250. Translated by Stavr0 · · Score: 1
    * As part of the kernel evolution

    towards modular naming, the

    * functions malloc and mfree are being

    renamed to pmalloc and pmfree.

    * Compatibility will be maintained by

    the following assembler code:

    * (also see mfree/pmfree elow)

    */
  251. Doesn't affect SCOX stock price at all by walterbyrd · · Score: 1

    This is one of many bomb-shells to hit scox lately. Stock price is holding very steady, even as insiders bail.

    Maybe it has something to do with Canopy owning about 50% of SCOX. And Canopy controlled companies owning another 35% of SCOX.

    1. Re:Doesn't affect SCOX stock price at all by m.dillon · · Score: 4, Insightful
      The price of a stock traded on the NYSE or NASDAQ (not counting over-the-counter (OTC) trading) is determined by the open market. Holding a high percentage of stock in a company does not really have any effect on its price, only on transaction volume. Transaction volume can have an indirect effect on price but the volatility you get from low transaction volume works in both directions. The same low trading volume makes it easier for speculative actions to move the price up or down also makes it fairly difficult for insiders to unload massive amounts of stock all at once, because doing so will kill the price. They are basically playing a game with the speculators in order to try to maintain the price of the stock and yet still be able to slowly sell their own, IMHO.

      Also don't forget the shorts. At some point shorts have to buy the stock back, which can boost the price of the stock. I don't think short covering is a big part of the current holding value of SCOX but it does tend to mitigate the downramp a bit when downramps happen.

      In short, SCOX is a highly speculative and volatile stock and any simplistic view of cause and effect in the matter is no more accurate then rolling the dice.

  252. Re:Perhaps you'd best leave those variables alone. by Dave2+Wickham · · Score: 1

    Much like SCO code being in Linux would allow SCO to charge $$$ for binary-only Linux?

  253. SCO "weak" evidence by Anonymous Coward · · Score: 0

    So it seems that SCO does not want to show the evidence to the public, because *THEY KNOW* that in a few hours all ther case will destroyed, like in this two slides. I think SCO is going to close their doors real soon.

  254. God no! by Anonymous Coward · · Score: 0

    God no!

    Not only would rewriting Linux in Perl make that version SLLLLOOOOWWWW, it would also have a pretty bad name.

    Honestly, who would use Penix? (PEarl liNUX).

    Linux hackers have a hard time getting dates as it is, Just imagine what would happen if you told your dates,

    "For fun, I hack my Penix until 2 in the morning. It's more than fun. It's an obsession."

    or

    "I'm a Penix enthusiast and I want to share it with everyone I meet....Would you like to see my Penix in action? I have it installed in my lap top."

  255. That's not valid C! by m_frankie_h · · Score: 1

    return)((ulong_t NULL);

    The Linux hackers can't even copy the code properly!

  256. Re:Why is everyone fixated on the kernel source co by praedor · · Score: 2, Funny

    It matters NOW because they have gone on record with the claim that GPL is invalid. They have fired a full broadside, showing their intent is to try to kill GPL (wild hail mary long bomb pass that is hopeless). They are cornered because IBM didn't do what they were SURE IBM would do: buy them out to shut them up. Their bluff was called so now they are panicked, stuck in their corner, lashing out in every direction hoping for something to get them out of their corner.


    They are all looking at jail terms when all is said and done. They will lose their silly court cases, linux will bounce back from its little speed bump, linux and the GPL will be more legitimized and more inassailable, M$ will chew their nails because their gambit with SCO didn't pan out and they will actually have to face the competition in a fair and open fight, the SEC will roll the whole SCO crew over hot coals...this will be a hoot to look back on. It is getting to the point of being able to look back on it that sucks. Too frickin' slow to get resolution.


    I would like to see a more high-speed court filing to force SCO to put up or shut up rather than have to wait YEARS for the Redhat and IBM suits to play out. Let's speed this up people!

    --
    In Bushworld, they struggle to keep church and state separate in Iraq as they increasingly merge the two in America.
  257. Website by Overly+Critical+Guy · · Score: 1

    Someone should start a website and an entire organization where people can help contribute information. Organize all of this for the public to see and make it searchable. Let people look this stuff up in a central location instead of letting it all die in Slashdot comments that go off the front page.

    It'll also grab nice headlines--"Open Source Community Rallies Together; Creates Information Website." The standard eye-grabbers. What will SCO do when there's some website online detailing where this stuff really came froM?

    --
    "Sufferin' succotash."
    1. Re:Website by Methuseus · · Score: 1

      Find a PHP developer who can host this him or herself. I could possibly code this up, but it would be a lot of data entry from how I'd do it, as I don't know all the ins and outs. Suffice it to say, this would not be too simple of a proposition, and would definitely bog my website (on a cable connection) to oblivion, even beyond a slashdotting.

      --
      Two things are infinite: the universe and human stupidity, though I'm not yet sure about the universe. - A Einstein
    2. Re:Website by Overly+Critical+Guy · · Score: 1

      It's really too bad. All this information needs to be catalogued somewhere. Provide information for people curious about the alleged code of SCO. And as more code gets leaked, more information could be posted about its true origins, because you know McBride will never fess up in his damaging press releases.

      --
      "Sufferin' succotash."
  258. "Anal-retentive" should be hyphenated by Anonymous Coward · · Score: 0

    Yes?

  259. Linux can not die by bstadil · · Score: 2, Interesting
    Read the GPL. Linux can not die. PERIOD.

    Does not matter what any judge states anywhere. Any code deemed to be infringing will be rewritten and life will go on.

    RH, SuSE, IBM can die but not Linux as such.

    If you have contributed code to Linux kernel file a suit in small claims court. Little ant bites like this multiplied all over the world will bring SCO down faster than any major legal attack.

    --
    Help fight continental drift.
  260. Why does IBM take it? Here's why... by AntiGenX · · Score: 1
    It boggles my mind that IBM seems to be sitting some what passive/defensively by and taking this crap from SCO. Then it occurs to me that perhaps they are letting SCO dig their own hole.

    When all is said and done if SCO does not prevail they will owe IBM millions for improper revocation of licenses. The loss of the suit and the new liability could depress SCO's stock price to squat. SCO owes big bucks to lots of people. So now IBM can either buy the rights to UNIX from SCO, or swallow SCO. Although, I doubt they'd want the company since it's put itself in so much hot water.

    I just hope that if IBM gets the UNIX code, we see more code make it into linux.

    Now wouldn't that be a fun scenario!?!?!?

    1. Re:Why does IBM take it? Here's why... by m.dillon · · Score: 3, Interesting

      Part of IBM's countersuit is an indictment of SCO's use of press releases, stated exaggerations and falsehoods in interviews, and so forth. By not engaging in these tactics itself IBM is adding weight to its countersuit. Besides, IBM has all of us to beat the drums for it.

  261. Re:Distraction by MBMarduk · · Score: 1

    My thoughts exactly! This is just TOO FREAKING easy. They must be angling the community for bits of info they can use against IBM/GPL/Linux/world+dog I smell a rat^H^H^H dead whale.

  262. Ah-HA!!! You've just fallen into my trap! by iceT · · Score: 1

    Dear Open Source Community.

    Thank you for tipping your hand. I was wondering what method you would use to refute our bogus^Hs^Hu^Hg^Hu^Hb copyright case, and so I released a false bit of code to a group of people that wouldn't know any better (after all, they resell our code) so you could demonstrate to me how you will research the origin of the code.

    Now, I know EXACTLY how to cover my trail.. First, I have to get an injunction against this 'Way back machine' for copyright infringement and you will no longer be able to use it as a source to discover when things were posted to the net. Then, I need to purge all of the places referenced by this 'Way back machine', and therefore I can claim that your proof is invalid long enough to sell my stock^Hk^Hc^Ho^Ht^Hs^H ^Hy^Hm^H ^Hl^Hl^He^Hs win my case.

    You fools! (insert meniacle laugh here)

    --
    -- You can't idiot-proof anything, because they're always coming out with better idiots.
  263. Let's not get ahead of ourselves... by CmdrWiggle · · Score: 1

    This snippet of code, by itself, proves nothing. As many here have pointed out, the code itself came (or could have come) from a third party, and could have been misapropriated by both players here.

    However, if they do have thousands of examples of this, it will be hard to say that the code was not lifted from SCO. To a jury, lifted comments are more valuable than the content of the source itself. A jury of twelve grandmas doesn't care/understand to what extent code is exactly the same, or implemented similarly. They only care that it has the exact same text between here and here, 10,000 times. And if the text is something they can understand, all the better.

    With that said, SCO probably isn't showing its hand because it would be foolish to do so. Why would they give opposing council the opportunity to prepare their arguemnt? Furthermore, for each example leaked, the open source community as a whole will do the research, and trace the origins of as much code as possible. SCO needs time to 1) prepare their best argument, without giving the other side an advantage, and 2) carefully examine every snippet of their code that they release to ensure that it did not come from incriminating sources. Otherwise, they expose themselves to a number of legal issues outside the scope of this case.

    They may claim a million lines of code. In actuality, the number of lines that they assert in this case will probably be much, much smaller. Let's just hope that the examples they can show us aren't too convincing. The snippet above hints that they may not be.

  264. Who wants these "enterprise features" anyway? by penguin7of9 · · Score: 0, Insightful

    I think there is a more fundamental problem with this. A lot of this code, NUMA, XFS, etc., was dumped into the Linux kernel not because most Linux users need it, but because it served the interests of a few corporate contributors. Furthermore, the nearly monolithic structure of the Linux kernel means that the way this sort of stuff gets contributed is via patches and additions to the source tree.

    So, quite apart from the fact that SCO's claims have no merit, I think this does point out a pretty fundamental problem with the Linux kernel: it accretes too much stuff. The kernel should be architected in such a way that IBM and SGI could distribute most of their code separately. Furthermore, the Linux mainstream user base should not have to suffer from the increased maintenance hassles (and, as it turns out, increased legal risk) of having millions of lines of code they don't want or need poured into the kernel.

    Technically, none of that is a problem with modern programming language and software engineering technologies. Even though some kernel features may require a lot of cross-cutting concerns, we now know how to implement those efficiently and in a principled way. Of course, this won't happen with the Linux kernel, which seems to be solidly stuck in 1960's software engineering technologies.

    Don't get me wrong: the Linux kernel is enormously useful and it has lots of drivers. In practice, it is still the most practical kernel around as far as I'm concerned. But these kinds of legal issues, the Bitkeeper mess, as well as the ever more sluggish pace at which new features get incorporated and new kernels get released, are symptoms of a deep problem, and that problem is not going to go away.

  265. Re:NOT GPL compatible (Re:Kernel mailing list comm by EzInKy · · Score: 1

    Thanks for the very informative post. Since the code was released as open source by Caldera and SGI who claims copyright is a Unix licensee anyway it wouldn't really seem to be an issue, but still probably best that they removed it anyway.

    --
    Time is what keeps everything from happening all at once.
  266. The community has a long memory ... by e_AltF4 · · Score: 1
    ... and SCO didn't do it's research very well obviously.

    http://perens.com/Articles/SCOCopiedCode.html

    http://lwn.net/Articles/44981/

    http://minnie.tuhs.org/UnixTree/32VKern/usr/src/ sys/sys/malloc.c.html

    ftp://ftp.tribug.org/pub/tuhs/Caldera-license.pd f

    http://www.lemis.com/grog/UNIX/ etc. etc etc.

  267. Re:"Leaked"? Careful! This might be a set-up by SC by Anonymous Coward · · Score: 0

    The only trick they need to do is to disappear.

  268. how many ways can someone write malloc() ? by cnb · · Score: 1

    when it's documented in a hundred places.

  269. So it's GPL-compatible after all! by Dwonis · · Score: 1

    If that's the case, then the code is GPL-compatible after all!

  270. RTFKC! by Anonymous Coward · · Score: 1, Funny
    "I haven't read the code yet..."

    Great. First people didn't bother to read the articles, now they can't even be bothered to grok the kernel code. Lazy bastards!

  271. That's $10, $12, #14, ... by tilleyrw · · Score: 1, Funny

    Okay people, I own one, that is one share of SCOX that I'm willing to part with before this debacle plays itself out.

    Now, who would like to say they own a piece of the greatest financial scam since Enron???

    No shoving now, cash only...

    --
    This post encoded with ROT26. If you can read it, you've violated the DMCA. Handcuffs please, sergeant.
  272. Anyone? by mschoolbus · · Score: 1

    I wonder if you couldn't 'invest' in buying one of those SCO Linx licenses, wait until trial is over, then sue them afterwords... I wonder if one could turn out from something like that...

  273. Stolen Everything by Anonymous Coward · · Score: 0

    Property is theft.

  274. You are wrong by Anonymous Coward · · Score: 0

    Simply put, if SCO locks it up in a blind legal battle for a year or two, no corporate entity will risk moving to Linux in any form. Further, with the code hidden from prying eyes, the 'community' can't even begin to re-write the stolen code. The damage to linux's reputation in the IT world would be irreperable should the SCO claim prove true... from what I am seeing, SCO is making a strong case, one that even the biggest players are showing a certain fear of... 1000's of legal experts around the world can't be wrong. Heck, even our in-house lawyer who deals exclusively with code infringement in our software products says that SCO has a better than 50/50 chance of proving their case in court, especially since this 'code leak'.

  275. Re:"Leaked"? Careful! This might be a set-up by SC by I+Want+GNU! · · Score: 1
    Call me paranoid....but this might be a trick by SCO to probe the defences of the Open Source community, by having us do their historical code research for them, gratis.
    Wait, so you're saying they discovered that our defense is Google?
  276. Obligatory Simpsons Quote by Anonymous Coward · · Score: 0
    Now, where'd that misteak come from?

    "Mmmmm.... steak. mgrlahglaglgralgl..." - Homer

  277. All your case are belong to us by mnmn · · Score: 2, Interesting

    Darl stands in the court hallways happy to have initiated the best plan of his life, the destruction of Linux for pure profit. As he steps outside the courthouse, a snotty kid with a napster T-shirt stares at him and says ALL YOUR BASE ARE BELONG TO US.

    Darl isnt sure the kid is American at all, speaking with that grammer. However in the months and years unfolding, the whole empire of his Bill Gates godfather sees their base slowly 'belong' to them, the evil them.

    One million lines of code eh? The corporates came with the intent to enslave the UNIX gurus in the 80s. They stole the UNIX trademark and sold the code expensive, became fat with wealth. It simply bewilders them to see another flag rise with Linux and the geek flocks finding a new sense of purpose start shipbuilding the new vessel than will be bigger and better and will not sink like the Titanic AT&T UNIX. Some of the corporates finally become believers the way Romans did having seen Jesus come back to life in a different form. IBM pays tributes in the order of $1 billion dollars. Novell and others offer their full support. The gospel spreads.

    But this only infuriates the great satan who sends SCO down for another showdown. Now the time has arrived. There is jubilation in the crowds. There is something in the air that tells of impending doom to the devils. The opensource developers may be unpaid fans coding all night in their bedrooms but revolutions of such magnitude are manufactured by the hard work of believers by the millions.

    The CEO of the worlds biggest corporation can see the iceberg before him but he can do nothing but blow the horns. He will soon be on his knees admiring the resolve of his enemies.

    --
    "Give orange me give eat orange me eat orange give me eat orange give me you." -Nim Chimpsky
  278. Stolen code! by Anonymous Coward · · Score: 0

    $ cp -r /usr/src/linux /usr/src/sco
    $ ./my_find_coincidences /usr/src/linux /usr/src/sco

  279. printf "Hello World\n"; by Anonymous Coward · · Score: 0

    Now SCO owns it!

  280. I wouldn't worry about the DMCA by rk · · Score: 1

    Unless you think you can argue that writing in cursive is an "encryption scheme", I doubt they can say this is an "ecryption scheme" either. I have a passing familiarity with the pronounciation rules of the Greek alphabet, and I can pretty much read it out loud like a 5 year old greek kid. :-)

  281. New caselaw is always possible with neo-con judges by leftie · · Score: 1, Interesting

    Please remember that the 5 Supreme Court Justices that voted to overturn the FL Supreme Court in Bush v. Gore were forced to write an opinion in that case that completely went against their entire careers of opinions supporting States Rights. Regardless of how you feel about either the issues in Bush v. Gore or States Rights, you have to admit the 5 Supreme Court Justices who supported the Bush position argued from the position of extreme federal interventionists in doing so. If five Supreme Court Justices went to those lengths already, completely new case law isn't that much of a stretch. Remember that the case which created corporate personhood created that concept out of whole cloth. That was completely new case law at the time, too. We have to recognize that it may not matter what the evidence in this case is. Linux and the "Open Source" movement is the greatest treat to the fiefdoms of the world's financial elite since Marx. These elitists have built their power base on owning everything that matters to the functioning of society. Open source cannot be owned by them, so therefore they must eliminate it. Always remember, follow the money and find out who benefits to find out the real answers you seek.

  282. SCO... Like dancing with a gun to your head.. by CoyoteGuy · · Score: 1



    When I try to visualize Mr. McBride in court, all I can think of is a male ballerina with a pink dress on, dancing in circles and humming, while big, bad, IBM is holdin a double barrel shotgun to his head.. Push the right button Mr. McBride, and we'll gladly put you out of your misery.. For good..

    --
    Slashdot.. Land of nerds, trolls, and FlameBait..
  283. To those who "bought" a "licence"... by Anonymous Coward · · Score: 0, Interesting

    Don't expect to get your money back. They might have as well put "Ha HA, suckers!" in there.

    From this article/interview:

    McBride also poured cold water on the notion that Linux customers would receive refunds for licences bought should SCO lose its pending case to prove that its intellectual property (IP) is in Linux.

    "We have not built in any refunds in our licensing model. The product is there and it's being used," he said.

    1. Re:To those who "bought" a "licence"... by 16K+Ram+Pack · · Score: 1

      You think there's going to be any money left, once IBM and Red Hat have finished with them?

  284. The Greek Stuff: by Captain+Tenille · · Score: 1
    It seems to say
    /* As part of the kernel evolution toward modular naming, the functions malloc and mfree are being renamed to rmalloc and rmfree.

    Compatibility with be maintained by the following assembler code:

    (also see mfree/rmfree below) */

    --

    ------------
    /* You are not expected to understand
  285. OT: copyrights by Prior+Restraint · · Score: 1

    I would be surprised if this code was not in the public domain anyway given how old it is...

    Copyright extensions are generally retroactive. As it stands, copyrighted works created in 1923 are still under copyright.

    1. Re:OT: copyrights by __past__ · · Score: 1

      "Generally" in this context seems to only include US law. I often wondered about that - in Germany (where I live, and where copyright works a whole lot differently anyway), a retroactive change of law would clearly be inconstitutional. Is this really different in the US, or was that just some clever trick?

    2. Re:OT: copyrights by Prior+Restraint · · Score: 1

      You're right: I failed to specify that I was referring to the US. The Supreme Court recently decided Eldred v. Ashcroft (PDF), in which it said that if Congress was increasing the term for new copyrights, it could extend the term of existing copyrights to match it. I consider that to be "a clever trick", but of course Congress would disagree.

    3. Re:OT: copyrights by Anonymous Coward · · Score: 0

      in Germany (where I live, and where copyright works a whole lot differently anyway), a retroactive change of law would clearly be inconstitutional. Is this really different in the US, or was that just some clever trick?

      Believe it or not, we in the US specifically wrote into our Constitution a prohibition against such 'ex post facto' laws - and our highest court has recently ruled in favour of this anyway.

      A good example of why I'm now living in Sweden, and working night and day to learn the language.

      The US has completely, as we say, 'gone to hell in a handbasket'.

      Not that there isn't anything to complain about here in the Socialist State of Sweden. Far from it. Taxes, to begin with, are utterly ludicrous. The Swedes seem perfectly happy to vote in a bunch of Menschevic idiots every term, and so does the rest of Europe.

      But, much as I hate to admit it, this is at the moment a far freer State than the Fascist Corporation of the USA. In the US instead of Menschevic idiots we have neo-Trotskyite geniuses, doing far more damage in shorter time periods, retaining more competent PR firms and so forth.

      I honestly think I'm getting close to suicide. The state of the world is just too damn depressing for a man in any state vaguely resembling sanity to cope with.

    4. Re:OT: copyrights by rifter · · Score: 1

      " in Germany (where I live, and where copyright works a whole lot differently anyway), a retroactive change of law would clearly be inconstitutional. Is this really different in the US, or was that just some clever trick?"

      Believe it or not, we in the US specifically wrote into our Constitution a prohibition against such 'ex post facto' laws - and our highest court has recently ruled in favour of this anyway.

      A good example of why I'm now living in Sweden, and working night and day to learn the language.

      The US has completely, as we say, 'gone to hell in a handbasket'.

      Not that there isn't anything to complain about here in the Socialist State of Sweden. Far from it. Taxes, to begin with, are utterly ludicrous. The Swedes seem perfectly happy to vote in a bunch of Menschevic idiots every term, and so does the rest of Europe.

      But, much as I hate to admit it, this is at the moment a far freer State than the Fascist Corporation of the USA. In the US instead of Menschevic idiots we have neo-Trotskyite geniuses, doing far more damage in shorter time periods, retaining more competent PR firms and so forth.

      I honestly think I'm getting close to suicide. The state of the world is just too damn depressing for a man in any state vaguely resembling sanity to cope with.

      I forget who originally said this, but I seem to remember a quote along the lines of "Anyone who feels comfortable and at home in the present world as it is cannot possibly be sane." Essentially either some level of insanity or at least indifference is required to get along in society as it is currently structured.

      I wouldn't kill myself over humanity screwing things up; they have been doing it for millenia now and refuse to learn from history. Hell, they refuse to learn history and instead try steadfastly to erase, revise, or ignore it at every turn. So the person who becomes aware of these things and pays attention to what is going on, and then actually expects things to go right is guaranteed to be disappointed. Every observer seems to come to this conclusion eventually.

      The state of the world is indeed depressing. Part of the problem comes from the amount of the world over which we have no control which intends to immediately control us. This is one of teh nuances of civilization. The primitive man controls his environment to a far greater degree thna the modern man, despite not mastering nature, and generally does not attempt to master nature. But the modern man has a gaggle of idiots controlling ever more of his life, and so as he becomes aware of this, becomes depressed.

      Most people seem to deal with this by simple apathy and furiously ignore the entire world beyond their cubicle and the windows of their SUV. I have found this sort of existence even more depressing, and instead settle for a different approach. When you get a bellyful of news and feel suicidal, switch from CNN to the Cartoon Network and quit reading slashdot for awhile. seriously, take a news break and do something else, preferably mindless entertainment.

      If you absolutely can't deal with that, another alternative I have taken is to work on something which is edifying but has nothing to do with current events. I read a lot of history and classical literature, and whereas the history can be depressing too because you find things all the time that you wish the current system had built/improved on it is at leats not about the current system and you can laugh at the barbaric Romans if you wish while ignoring the fact they had better plumbing, stadiums, and roads than we do. Come to think of it, skip the history and read something else.

      Another option if you have the skill and inclination is to attack and squash bugs in software or play some video games. Make anothe Linux UI or incompatable text editor 5005 or something...

  286. Re: The Real History by Newsome · · Score: 1
    Sounds great!

    Since I live only a couple miles from SCO headquarters, and since I've got plenty of rocks out in my yard, I'm more than willing to donate my rocks to the cause. Stop by, and I'll hook you up!

    Of course, don't forget to pay SCO while you still have a chance.

    --
    http://www.tuxrocks.com/
  287. And the FUD gets deeper... by pair-a-noyd · · Score: 1

    After reading this I can only conclude that CNET is on the SCO payroll..

    http://news.com.com/2100-1016-5065422.html?tag=nl

    Getting a glimpse at SCO's evidence
    By Lisa M. Bowman
    Staff Writer, CNET News.com
    August 19, 2003, 6:22 AM PT
    http://news.com.com/2100-1016-5065422.html

    LAS VEGAS--When SCO Group first filed its lawsuit against IBM in March, critics characterized the move as the last gasp of an ailing company hoping to strike a series of lucrative licensing deals.

    Since then the company has come out swinging even harder, bashing its detractors, standing by its allegations, and most recently, posting a profit that SCO said would allow it to continue its aggressive intellectual property fight.

    At the SCO Forum here Monday, the company pulled out its latest weapon: lines and lines of disputed code that were allegedly copied from SCO's Unix into IBM's version of Linux. The company claims that IBM illegally copied Unix code into its version of Linux, and it's warning Linux customers that they may be violating copyright by using the operating system without paying SCO. It's also recently announced a new licensing plan that would require Linux customers to pay between $199 and $699 per computer.

    In a quiet conference room tucked into the conference center at the MGM Grand, SCO offered customers, partners and the merely curious the chance to view the code for themselves, as long as they signed a nondisclosure agreement.

    Companies involved in litigation traditionally keep such information under wraps in order not to tip their legal hand, but SCO said it decided to display the code because its critics were charging that it didn't have a case.

    "Given the nature of this case and that there may be a significant period of time before it's resolved and that people were clamoring to see it, we decided to show a few pieces of evidence," said Chris Sontag, senior vice president of the SCOsource unit, which is charged with protecting SCO's Unix-related intellectual property.

    As of the end of the day on Monday, more than 150 people had seen the code presentation, which the company said includes a small portion of the infringing code it has found so far. Sontag said the company has uncovered more than a million lines of copied code in Linux, with the help of pattern recognition experts.

    A compelling case?
    According to those who viewed the code at SCO Forum, company representatives showed off several categories of code that allegedly infringed its copyrights, including some lines that appeared to be directly copied, some that were derivative works and some that were obfuscated, such as code from which legal disclaimers had been removed. (This reporter declined to sign the nondisclosure agreement required to attend the special sessions where the companies showed off a special side-by-side comparison of the code, opting instead to gather reactions from people who saw the presentation.)

    After viewing the code, Don Price, general manager of Price Data Systems, said he was surprised at the volume that was allegedly copied. "It's compelling," he said. "Some people were either extremely sloppy, or copied and thought no one would go after them."

    Neil Abraham, with SCO reseller Kerridge Computer, said SCO made the right decision to pursue IBM. "I think they've got a very firm case," he said, after looking at the code. "It's not just one line. It's huge chunks."

    Bob Ungetti, of Raven Technologies, who was milling about waiting to get into a room where the code was being shown off, said he wanted to see the code because his customers have been asking him about the suit. "I want to see the code myself just to substantiate the claims SCO is making, so when I talk to my customers about the credibility of the lawsuit, I can say I saw it for myself," said Ungetti, whose company is a reseller for SCO. "If they're interested in using Linux, they're conc

  288. "theft" by rsilverman · · Score: 3, Insightful
    Face it. There is stolen code in Linux. How much and how severe the
    value of the theft is to be determined but that there was theft is almost
    certain...


    One of the more irritating tactics in the war of misinformation about IP
    being waged by organizations like SCO, the RIAA, etc., is the intentional
    misuse of language. Things like trying to make "filesharing" a dirty word
    in itself, when in fact there is of course nothing more immoral about
    copying files than there is about using a photocopier -- it depends on
    what you're copying and what you're doing with it.

    Another example is the rampant incorrect use of the terms "theft,"
    "stealing," etc., intended to make the alleged perpetrators sound like
    sordid, common criminals. Copying a file, no matter what the IP issues
    surrounding it, is simply not "theft." From Webster's
    dictionary:


    Theft, n... (Law) The act of stealing; specifically, the felonious taking
    and removing of personal property, with an intent to deprive the rightful
    owner of the same; larceny.

    Note: To constitute theft there must be a taking without the owner's
    consent, and it must be unlawful or felonious; every part of the property
    stolen must be removed, however slightly, from its former position; and it
    must be, at least momentarily, in the complete possession of the
    thief. See Larceny, and the Note under Robbery.


    Copying data does not deprive the owner of the original of that data. It
    has not been removed, and he still has access to it and use of it. There
    might be copyright infringement, and there might not be, but it is
    not theft.

    1. Re:"theft" by Anonymous Coward · · Score: 0

      One of the more irritating tactics of posters with nothing to say is to attack a statement based on an interpretation they know to be wrong. It's like the Spelling Police.

    2. Re:"theft" by rsilverman · · Score: 1

      One of the more irritating tactics of posters with nothing to say is to attack a statement based on an interpretation they know to be wrong. It's like the Spelling Police

      You insinuate that I know my interpretation of the situation to be "wrong," but you have no credible personal basis on which to make that claim (since you are posting anonymously), and present no facts to back it up. Your post is hence without merit. As for what this could possibly have to do with correcting spelling, that's anyone's guess, but it doesn't seem very interesting...

    3. Re:"theft" by Error27 · · Score: 1

      Please don't associate SCO with the RIAA... It's not a valid comparison.

      If the RIAA complained when people sung hymns at church then it would be reasonable...

  289. What does SCO have to hide? by fuckfuck101 · · Score: 0

    I'm just thinking, if there's a million lines of copied code, why don't they release 1,000 lines to show it? They stand nothing to lose and a hell of a lot to gain.

    --
    Comment: Yes I realise the username 'fuckfuck101' makes me sound intelligent, no you cannot buy it from me.
  290. I was a little pissed off before..... by Bowie+J.+Poag · · Score: 1



    I was a little ticked off when I woke up this morning, had a cup of coffee, and found that Slashdot had rejected my news submission -- A page where a SCO boycott was being organized.

    Now I realize why. :) There's no point in boycotting SCO. There's better things to do, like show the public how full of shit they were by making these allegations in the first place. Thank you LWN.

    Since their allegations of "stolen code" have turned out to be completely full of shit, as the LWN article points out, looks like theres clear sailing ahead.

    Now that the cat is out of the bag, i'm hoping it'll only be a matter of a few days before the rest of the world wakes up and smells the coffee too.

    As far as i'm concerned, you can stick a fork in this one. It's done.

    --
    Bowie J. Poag

    1. Re:I was a little pissed off before..... by Anonymous Coward · · Score: 0

      I dunno....don't be so fast to write this one off.
      Just because Perens makes some good observations doesn't mean that SCO is dead yet.

      For example...did SCO not think (or intend) those photos from the conference would get leaked ?

      And when they did, maybe they put some of the most benign or inaccurate claims into the presentation.

      I won't breath easy until there is a documented end of the court case, and neither should anyone else.

  291. Not really scrambled by Anonymous Coward · · Score: 0

    The font is greek. The text that has been "scrambled" is: *As part of the kernel evolution towards modular naming, the *functions malloc and mfree are being renamed to rmalloc and rmfree. *Compatibility will be maintained by the following assembler code: *(also see mfree/rmfree below)

  292. Unscrambled by Anonymous Coward · · Score: 0

    It says:

    As part of the kernel evolution toward modular naming, the functions malloc and mfree are being renamed to rmalloc and rmfree.
    Compatibility will be maintained by the following assembler code:
    (Also see mfree/rmfree below)

  293. Oh, is he? by LemonYellow · · Score: 0, Troll

    Please send links to pages quoting these thousands of legal experts who support SCO's case. I've not seen one yet and I like a good laugh.

  294. Even Better! by Arker · · Score: 4, Interesting

    Hate to keep adding posts but it has taken some time to trace this thing. Earliest match yet I found isn't perfect, but in context it's obvious that the exact match in V6 is just the result of some small editing of this earlier version.
    http://minnie.tuhs.org/UnixTree/V5/usr/sys/ken/m alloc.c.html

    This is 30 year old code people. Is it even still covered by copyright at all?

    Anyone found earlier versions to check? I wouldn't be surprised if this bit didn't originate even earlier.

    --
    =-=-=-=-=-=-=-=-=-=-=-=-=-=-
    Friends don't let friends enable ecmascript.
    1. Re:Even Better! by muzzmac · · Score: 1

      Is it still covered by copyright? No doubt. Thanks to Disney and the US government. Also thanks to said parties it probably be so for the next 1000 years.

    2. Re:Even Better! by Anonymous Coward · · Score: 1, Informative
      This is 30 year old code people. Is it even still covered by copyright at all?

      Yes, insofar as it is copyrightable. Under current US copyright law, the earliest something can go out of copyright is 75 years after creation (or, in some cases, putting in "fixed form"). The cap is indeterminate, but a young person living a long life might end up with 150+ years of copyright.

    3. Re:Even Better! by kalidasa · · Score: 1

      Copyright is life + 70 years, with a few exceptions.

    4. Re:Even Better! by Arker · · Score: 1

      But this stuff was written long before the Disney Enrichment Act was ever dreamed of... did they seriously grandfather everything in? Are you absolutely sure?

      Anyway, it was crufty ugly old code that was removed from the current tree before these pics were posted anyway, and as I might have mentioned a few times now, released twice under BSD style licenses. At absolute worst, it's possible the contributor (NOT everyone that's used the code in good faith afterwards) might be guilty of omitting a copyright notice that should have been included, and said contributor (again NOT everyone that's used the code in good faith afterwards) would then be liable for actual (but not punitive) damages, which would probably amount to a symbolic $1 anyway...

      The more I learn, the more sure I am that the officers of SCO are either:
      1. Total idiots.
      2. Engaged in a pump and dump scam.
      or
      3. Both of the above.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    5. Re:Even Better! by cpeterso · · Score: 1


      if the copyright extensions were not grandfathered, then how would they benefit Disney's old copyrights on Mickey Mouse?

    6. Re:Even Better! by kalidasa · · Score: 2, Informative

      Anything under copyright as of 1978 was grandfathered in both times the copyright was extended (under the original Berne Convention extensions and under the later Bono Act ones). And the copyright law before that allowed an original term plus an extension that came out to 75 years. I don't remember what the original term was, but it was around 35 years, so one can be certain that anything published after ~1943 is under copyright, and most things published after 1928 are under copyright.

      But I am not a lawyer. So I can't provide an authoritative answer, and the truth might vary from my perceptions. But that's the way, as a layman, I read the law, and I've done some stuff with copyright clearance with publications, so I'd be surprised to be wrong.

      Your suggestion #2 looks more an more plausible every minute.

    7. Re:Even Better! by kalidasa · · Score: 1

      PS: I'm not talking about corporate authorship here, which is an absolute term (don't remember how long, 100 years), and that would likely be the correct category here, since the System V code was probably work-for-hire. But again, IANAL.

    8. Re:Even Better! by Arker · · Score: 1

      Eh, good point.

      Hopefully now more people realise why it's so important to oppose that sort of nonsense in the future.

      Anyway, still remains, copyright violation isn't proven by the matching comment, even if proven it's simply an omission of a copyright notice and damages are limited to actual, no punitive damages allowed, responsibility rests on the contributor not the good-faith users, and the code is not part of the current linux tree - hasn't been for several weeks.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    9. Re:Even Better! by Anonymous Coward · · Score: 0
      Anyway, it was crufty ugly old code that was removed from the current tree before these pics were posted anyway,
      This is an excellent point that is not being made by many people here. Linux 2.6 does not have this code at all; only 2.4.

      When you think about it, it really doesn't make sense to have that old Unix malloc implementation in the arch subdir of the kernel.
    10. Re:Even Better! by gandy909 · · Score: 1

      For petes sake where have you been for the last few years while all the discussion about how screwed up the copyright system has become has been going on?!?!?!

      --

      (Stolen sig) Remember: it's a "Microsoft virus", not an "email virus", a "Microsoft worm", not a "computer worm
    11. Re:Even Better! by deblau · · Score: 1
      This is 30 year old code people. Is it even still covered by copyright at all?

      According to laws pushed through Congress by the recording and movie industries (17 USC 302-303), the code is protected for 95 years from first date of publication, or somewhere around 2068.

      --
      This post expresses my opinion, not that of my employer. And yes, IAAL.
    12. Re:Even Better! by eric76 · · Score: 1

      I think that to be copyrighted, it had to contain a copyright notice including a little c in a circle or a (c) and the proper verbage.

      There was some discussion about whether or not a (c) would count the same as the little c in a circle. I think that some attorneys had the opinion that anything marked with a (c) copyright notice said that it was not a valid copyright while others believed that it was okay.

      In any event, if it was published without the copyright notice, I don't believe it was considered to be copyrighted.

      You can be sure that the Disney people properly copyrighted their materials. Many computer people didn't.

      What was funny was to see someone turn in a computer homework assignment that included a copyright notice.

      I don't think that the copyright extensions and changes copyrighted old works that had not been copyrighted or that had lost their copyrights.

      So the question is whether they were legally copyrighted so that it could be extended.

  295. MOD PARENT UP!!!! by Kalak · · Score: 1

    And me w/o any mod points to spend...

    This ovservation puts the code shown out of the kernel already. Move along...no code left to see here...

    --
    I am, and always will be, an idiot. Karma: Coma (mostly effected by .hack)
  296. Legal summary of the SCO situation by tstoneman · · Score: 4, Interesting

    Let's not get confused with what is going on in the SCO situation. I had my IP lawyer friend explain to me exactly what is going on. I am not a lawyer, so take everything that I have written down with a grain of salt, and I may even have the issues confused, so don't sue me.

    1) SCO is suing IBM for trade secret misappropriation. They are saying that IBM gave away some secrets and it caused them damages. This doesn't really affect Linux.
    2) Copyright infringement. They say that Linux contains millions of lines of code that infringes SCO's copyright. This is the reason why they are charging Linux users a license. You can only infringe copyrights if you are given a license by the holder of the copyright. Code comments *are* copyright-able and can be considered trade secrets (but you cannot do both). You cannot patent code comments, but having infringing code copied into the Linux code could be considered copyright infringement. Although if it were only code comments, the claims for damages may be very negligible.

    In order for anti-SCO-pro-Linux forces to win, they need to either:
    1) prove that SCO doesn't own the copyright to what it says it owns. Right now, there is a presumption that SCO does own the copyright to what it says it owes, it is up to the anti-SCO forces to prove otherwise. I think all the comparisons to UNIX 7 code, if it really was public domain that preceded SCO's claims, could be a good strategy.

    2) prove that SCO has waived their claims to copyright infringement. Some people are saying that SCO waived their rights by publishing their own version of Linux, but this is dubious, since they claim someone else infringed their copyrights and placed the code there.

    To all Washington DC Slashdotters:

    SCO must have disclosed code to the Library of Congress when it registered their copyright to the UNIX code. Presumably they registered infringed code otherwise it would be a pointless on their part. Something must be available there, and it will give a better clue as to what code they say has been infringed. Maybe someone can actually go down there, do some research and publish or point out what that code actually is.

    1. Re:Legal summary of the SCO situation by frkiii · · Score: 5, Informative

      Copyright infringement is NOT part of their suit against IBM. The only place where SCO has alledged this, is in their statements to the press, in the form of "IP", etc. To the best of my knowledge, they have not filed a copyright infringement case against ANYONE. I have read SCO's original and amended suits against IBM, it is simply a contractual suit, generally breach of contract, and disclosing "trade secrets". Which is really funny, because they specifically name NUMA, JFS and SMP in their lawsuit, refering to what IBM contributed to Linux. And that is funny, because SCO does not own or "control" that software at all. Most if it is copyrighted by IBM or by company that IBM bought (Sequent) or others, but NOT SCO. SCO's entire case, based on their filed amended complaint, hinges on the court ruling that NUMA, JFS and SMP are "derivative workds" of Unix System V. But that is very highly unlikely, in my opinion. Regards, Fredrick

    2. Re:Legal summary of the SCO situation by Tsu+Dho+Nimh · · Score: 1
      "2) Copyright infringement. They say that Linux contains millions of lines of code that infringes SCO's copyright. This is the reason why they are charging Linux users a license."

      Your lawyer buddy forgot to tell you that ONLY THE INFRINGER (whoever submitted the code to the kernel) can be held responsible for damages. There is no providion in patent or copyright law for collecting damages from the end user or reader. And SCO has yet ot prove that there is ANT infringing code. They have claimed a lot, but proven nothing.

    3. Re:Legal summary of the SCO situation by Anonymous Coward · · Score: 0
      1) SCO is suing IBM for trade secret misappropriation.

      Errrrr, given that RCU and some of the other ex-Sequent stuff is covered by Patents that would truely prove to tough argument in court. You can't patent a trade secret. A secret is something you don't tell anyone about in detail. A patent requires this.

      What SCO could sue for is that IBM walked away from Monterey and somehow that aggreement covered the code written by IBM/Sequent. So the code really didn't belong to them (at least that particular expression of the code).

      Your implemented of a software patented algorithm is still covered by copyright. You don't own the algorith, you own the expression. There is a difference.

      It may boil down to whether Sequent signed an aggreement that retained rights to the derivates they created and what takes precedence at the merger.

      It is hard to see the case due to all the FUD and bluster that SCO keeps spewing.

    4. Re:Legal summary of the SCO situation by tstoneman · · Score: 1

      Again, you have to be precise in your terminologies here.

      I never said that end-users were being sued for damages. I said that end-users were being charged for licenses.

      According to SCO, Linux contains code that infringes SCO's copyrights. If end-users want to continue using Linux, they need to purchase a license from SCO so that they can use this infringing product.

      Licensing and damages are two separate things.

    5. Re:Legal summary of the SCO situation by phriedom · · Score: 1

      Well, I'm burning my mod points to reply, but I think it is worth it:

      "Which is really funny, because they specifically name NUMA, JFS and SMP in their lawsuit, refering to what IBM contributed to Linux. And that is funny, because SCO does not own or "control" that software at all. Most if it is copyrighted by IBM or by company that IBM bought (Sequent) or others, but NOT SCO. SCO's entire case, based on their filed amended complaint, hinges on the court ruling that NUMA, JFS and SMP are "derivative workds" of Unix System V. But that is very highly unlikely, in my opinion."

      In my opinion, you have hit on the only SCO allegation that has not been disproved, and that we are not likely to resolve outside of court, unless IBM decides to show their hand. SCO alleges that Sequent's UNIX license bound Sequent in that all additions and revisions that Sequent made to System V Unix, became part of System V Unix and could not be given to any third party. IBM's own Unix license does have this agreement, but also has an ammendment that overrides this and makes anything IBM develops unrestricted property of IBM. Until it is shown otherwise we should not rule out the possibility that that Sequent really did lose some of the rights to NUMA, JFS, and SMP because of their Unix licensing agreement. Maybe Sequent also has an ammended license contract, or maybe the courts will hold that portion of the contract to be invalid, it is impossible for us to know yet.

      SCO may have no rational defense for the patent infringement IBM counter-suit, or the RedHat copyright infringement case, and they have been spewing FUD the entire time, but there just might be one little, tiny, irrelevent in the light of everything else shred of truth to their claims of breach-of-contract.

      --
      Don't moderate flamebait as Troll. Know the difference or you will be Meta-moderated.
    6. Re:Legal summary of the SCO situation by Tsu+Dho+Nimh · · Score: 1
      There is no provision in copyright law that provides for retroactive charging licensing fees to users or readers, nor suing them for them.

      There is notcontract between SCO and most Linux usres. If SCO wants to get into the licensing business, they have to first PROVE the code is theirs to license.

    7. Re:Legal summary of the SCO situation by tstoneman · · Score: 1

      Again, please read carefully before you write anything.

      I said specifically that SCO's position was that if end-users want to continue using Linux that they would need to buy a license. I didn't say anything about SCO wanting to retroactively charge end-users licenses or suing them.

      As well, they do not need to prove their code is theirs to license anymore. They have already registered their copyright on the code. This is why they registered it, it was a strategic move.

      It is now up to the Anti-SCO-pro-Linux forces to prove that SCO does not own the copyright on the code. This seems possible with all the references in the Unix 7 code, but since SCO has not produced the code in questions, ie. the one million lines of code they say was infringed, it's hard to tell at this point.

    8. Re:Legal summary of the SCO situation by rdean400 · · Score: 1

      Small problem...what happens if someone does not install the source code or development tools on their box, and runs only the binaries provided for them in the distribution. Is the user still liable?

    9. Re:Legal summary of the SCO situation by schon · · Score: 1

      You can only infringe copyrights if you are given a license by the holder of the copyright.

      I think you mean "you can only infringe copyright if you are NOT given a license by copyright holder" - and it's partially true. You are only infringing copyright if you make (and distribute) copies.. you do not need a license to use copyrighted material.

      Code comments *are* copyright-able

      IIRC, the judge in the BSD case disagreed.

      prove that SCO doesn't own the copyright to what it says it owns

      No - this is wrong on two counts. First, you can't prove something you don't know, so SCO would have to disclose what code it thinks it owns before anyone else can do anything. Second, the burden of proof is the other way around - SCO must prove that it owns the copyright to what it says it owns. (Linus et al. are innocent of copyright infringment unless proven guilty.)

      there is a presumption that SCO does own the copyright to what it says it owes, it is up to the anti-SCO forces to prove otherwise

      No, that is completely backwards. (Insert lame in-soviet-russia joke here :o)

      prove that SCO has waived their claims to copyright infringement

      Until/unless SCO comes up with something substantial, there is nothing to prove, and no need to prove it.

      Some people are saying that SCO waived their rights by publishing their own version of Linux, but this is dubious

      Actually, it's quite sound - sound enough that IBM included it in their counter-suit against SCO. (So it's not just 'some people' - it's IBM's lawyers.. lawyers which are very good at what they do - as evidenced by their track record.)

      they claim someone else infringed their copyrights and placed the code there.

      That would only matter if SCO stopped distributing the Linux Kernel. Since they continue to distribute it (it's still available on their website) over a year after they claim to have discovered it, and months after they filed a claim, the GPL is the only thing allowing them to do so. They are either in violation of copyright, or their alleged infringing code is covered under the GPL.

    10. Re:Legal summary of the SCO situation by Tsu+Dho+Nimh · · Score: 1
      "SCO's position was that if end-users want to continue using Linux that they would need to buy a license. I didn't say anything about SCO wanting to retroactively charge end-users licenses or suing them."

      Saying, "yes you may have acquired that months ago from RedHat or Mandrake, but you gotta pay licensing fees to us now or we'll sue you" is not retroactive? There is no provision in copyright law for changing the terms of use after something has been distributed. SCO would not only have to prevail in a copyright suit, but also convince the judge to order collection and destruction of all copies of the infringing matter within the limits of the judge's jurisdiciton (USA).

      "As well, they do not need to prove their code is theirs to license anymore. They have already registered their copyright on the code." Anyone can register a copyright anything they want to for $30 and the time it takes to fill out a form, because the copyright office does NOT check for infringement ... what SCO has not done is prove that what they copyrighted is actually copyrightable, and that it is being infringed on by Linux. That takes a court case, and that means they have to specifically declare what is infringing, and show what part of Linux infringes what part of SCO's copyrighted work. They could have done it months ago.

    11. Re:Legal summary of the SCO situation by frkiii · · Score: 1

      From what I have read, SCO can prove the allegation that IBM did contribute NUMA, JFS and SMP to Linux, in one form or another.

      However, it would still be a moot point if SCO doesn't get the ruling that these are "derivative works". If they get it, only then do they really have a case.

      If that one point does not fly, and it will probably come up in the initial hearings on the case, then SCO will probably capitulate quickly, and pray that IBM will be merciful in its settlement in regards to IBM's counter- suit.

      IMHO, SCO's case is hinging on that one tiny little straw, and that straw will surely not stand the weight of court scrutiny.

      Regards,

      Fredrick

  297. I'm insulted by An+Onerous+Coward · · Score: 2, Insightful
    As a professional student, I'm a bit insulted that you would cheapen the title by applying it to the "get in, get the A, get out, forget the crap because there aren't any more tests on it" crowd.

    Real professional students aren't there to get a quick degree that will put them on the fast track to a high paying management position. Real professional students don't look at the graduation requirements; they take classes pretty much on whims. Real professional students study hard, but make the mistake of learning the material rather than the teacher, and can occasionally be found studying chapters that will never be covered in class.

    Real professional students would come out of school with a B average, if there was even a remote possibility of extricating them from the campus. Real professional students love to learn for learning's sake, often to the detriment of their careers and social lives. In short, real professional students relate to books the way real geeks relate to computers.

    I am An Onerous Coward, and I am a professional student!

    /me bows. "Thank you! Thank you!"

    --

    You want the truthiness? You can't handle the truthiness!

    1. Re:I'm insulted by QuackQuack · · Score: 1

      I used the word "professional" only because I didn't know what else to use. Your description of yourself doesn't match the kind of student I was talking about, so I wasn't talking about you or other students like you.

      By "professional", I meant they are really good at getting good grades, but lacking in other areas, and they don't want to learn anything that won't help their GPA, and they certainly wouldn't stay in school longer than necessary unless they were pursuing an advanced degree.

      --
      By reading this sig, you agree to the terms of my sig license.
    2. Re:I'm insulted by Anonymous Coward · · Score: 0

      Ah, see, there's the confusion.

      When most people refer to "professional students", they mean those that have been in college for years, and won't likely have a profession unless being a student counts as one.

    3. Re:I'm insulted by Theranthrope · · Score: 1
      the difference you both are looking for is "tenured" students vs "professional" students. "Tenured" students tend to stay in 8 years plus for a 4 or 6 year degree program. Not because of lack of academic ability but because of a true desire to learn. "Professional" students try to get in, get the grade, and get out as soon as possible. Usualy without really learning anything.

    4. Re:I'm insulted by An+Onerous+Coward · · Score: 2, Interesting

      That's a good way of putting it. Okay, I'm a "tenured student" now.

      Hmm. I remember reading a book by Richard Dawkins, where he mentions the life cycle of a sea squirt. Once the squirt navigates itself to a rocky outcropping and latches on, it stays there forever. Having no further use for its brain, the sea squirt dissolves and consumes it.

      Dawkins described it as "kind of like being awarded tenure." But I digress.

      --

      You want the truthiness? You can't handle the truthiness!

    5. Re:I'm insulted by An+Onerous+Coward · · Score: 1

      I knew what you were trying to say, and I wasn't actually insulted or anything. I've just grown accustomed to thinking of myself as a professional student. I've met the kids you describe, and they're invariably hell to tutor.

      --

      You want the truthiness? You can't handle the truthiness!

    6. Re:I'm insulted by Feztaa · · Score: 1

      I'm a "tenured student"

      The joke here is that if a professor stays at a Uni long enough, they give him tenure to encourage him to stay, but if a student manages to stay for ten years, then he has achieved tenure :)

  298. Deciphered comment by Anonymous Coward · · Score: 0

    The comment in 1 is English with transposed Greek letters -

    As part of the kernel evolution toward modular naming, the functions malloc and mfree are being renamed to rmalloc and rmfree.
    Compatibility will be maintained by the following assembler code:
    (also see mfree/rmfree below)

  299. reminds me of the hitchiker's guide to the galaxy by The_Rook · · Score: 1

    sco's argument reminds me of the story in the hitchhiker's guide to the galaxy where the publishers of the hitchhiker's guide copied some facts off the back of a box of cereal and then sent a copy of the hitchhiker's guide back in time to sue the cereal company for copyright infringement.

    it seems that sco copied some open source code into unixware and then, discovering that linux uses the same code, accuses linux of infringing on sco.

    --
    when religion is no longer the opiate of the masses, governments will resort to real opiates.
  300. parentheses... confusing.... by Theatetus · · Score: 1
    if (size==0)
    return)((ulong_t NULL);

    s = mutex_spinlock(maplock(mp));

    Umm...

    Now, I'm more of a Lisp guy than a C guy, but is that snippet even valid C?

    I've got "if (size==0) return" which would make sense except that return should be followed by a semicolon. But instead return is followed by a closing parenthesis which is (presumably) opened earlier in an unrevealed section. But what is that parenthesis pair doing? Grouping expressions needlessly?

    then there is "((ulong_t NULL);" which looks vaguely like a cast but isn't; instead it's declaring a ulong_t with the name NULL. Why would you do that? The first paren before ulong_t, incidentally, is never closed.

    Can someone who knows more C than I do make sense of this?

    --
    All's true that is mistrusted
    1. Re:parentheses... confusing.... by frkiii · · Score: 3, Informative

      Yeah, the ")" after "return" is invalid C syntax.

      Compiler would hack up a hair ball.

      And the "((" before "ulong_t NULL)" is also invalid syntax.

      I am not familiar with that particular piece of code, but it appears that a cast is being made to case "NULL" as a "ulong_t" datatype, but not sure, it might "more correctly" look like this:

      return (ulong_t) NULL; or

      return ((ulong) NULL);

      Regards,

      Fredrick

  301. Penix actually exists! by Anonymous Coward · · Score: 0

    Have a look at:

    http://very.net/~nikolai/penix/

    In particular, look at the documentation. It's a hoot.

  302. HTMLization Re:Translation of "symbol" section: by Stephen+Samuel · · Score: 1
    anon coward wrote:
    Goes back furthur... The Version 6 Unix Kernal (1976)
    http://medialab.freaknet.org/~martin/tape/stuff/sy s.v6/
    ( Actually, this is the actual 6th edition malloc code

    and:

    > 7th Edition UNIX is NOT Public Domain.

    Actually, it is:
    http://linux.oreillynet.com/lpt/a/1595/

    Btw: this stuff is not quite public domain, but it's definitely far from proprietary

    Looking at that chunk of malloc code, it is extremely functional. It is a very straightforward and minimal implemetation of first-fit memory allocation from a free pool.

    static struct ( size_t m_size, char *m_addr } *chunk;
    While(there are more chunks){

    • if the current chunk is at least as big as we need,{
      • take what we need out of the chunk

      • point the pool pointer to the rest of the chunk
        adjust the size indicator.
        if we're using the entire chunk,{ move this node to the end of the list.
        # (so it doesn't block the search) #
      } #endif
      return the pointer
    }#endif }#endwhile
    # couldn't find a big enough chunk
    return(NULL) # error

    It would be pretty difficult to produce a tight version of this algorithm without a high degree of duplication. I'd say you might as well cut and paste, because about the only changes that I can see making in a tight implementation would be to change the variable names. You'd be lucky to find 4 meaningful permutations of this algorithim, once you tighten up the code for the kernel.

    Try to implement the pseudo code above, and see just how far away you end up.

    BTW, this is not part of a block of duplicate code.. This is pretty much the entire thing. If that's the best that they can find, then they're SOL.

    --
    Free Software: Like love, it grows best when given away.
  303. Hooray for SCO by Anonymous Coward · · Score: 1, Funny

    Go SCO go!

  304. They may be using us (Slashdot) for free research! by rump_carrot · · Score: 1

    Good point, but what I'm trying to say is that theyt may be using us (all thousands and thousands of us) to unwittingly vet all of their really stupid claims before they go to court.

    Furthermore, with all the extremely knowledgable UNIX types posting detailed, hard to get information here (i.e. "I worked on the UNIX source code back when we had to code on leather using an awl sitting by the fire"), they are getting:

    1)FREE expert information,

    2)FREE information on the names/i.d.'s of who has/knows that information.

    IANAL, but I think this part of the game is called "pre-trial" discovery, or something like that.

    They might just be making us save them lots of time and money before the trial kicks in 2 years from now.

    Do you really think they didn't suspect someone in a room full of reporters migh "gasp!" take a picture of the code they are showing and leak it out?

    Just a thought. I suspect the worst of these guys - they have already shown they are extremely devious.

    --
    I think, therefore I thought.
  305. MOD PARENT UP INSIGHTFUL!!! by dacarr · · Score: 1

    tstoneman is right about the LoC, there is a requirement to have the code available to the LoC for the copyright purpose! By that extension, it should be open to review.

    --
    This sig no verb.
    1. Re:MOD PARENT UP INSIGHTFUL!!! by zjbs14 · · Score: 1

      Nope. You don't have to submit something to the LoC to claim a copyright. There's no such thing as a federal "registered" copyright. All you have to do is put Copyight 20xx, Your Name Here on it and you're set.

      --
      No sig, sorry.
    2. Re:MOD PARENT UP INSIGHTFUL!!! by tstoneman · · Score: 1

      You are not completely correct.

      You can register your copyrighted material at the Copyright Office. Go here.

      You do not need to register to claim a copyright however, as you indicated.

      SCO has stated that they did register a copyright for their UNIX software which means that they must have something in the Library of Congress. I tried searching through the database, but either it doesn't seem available, which is why if someone actually went down to the LoC, then it might be faster.

  306. Slashdotters can make a difference! by Anonymous Coward · · Score: 0

    Contact:
    http://attygen.state.ut.us/

    File a complaint

    http://www.le.state.ut.us/~code/TITLE13/13_04.ht m

    Utah Code -- Title 13 -- Chapter 05 -- Unfair Practices Act

    13-5-2.5. Procedure to prevent unfair competition.
    Unless otherwise provided in this chapter:
    (1) Unfair methods of competition in commerce or trade are unlawful and shall be enjoined as provided by this section.
    (2) The division may prevent persons, except banks, common carriers, and other public utilities subject to regulation, from using unfair methods of competition in commerce or trade.
    (3) If the division has reason to believe that any person has been or is using unfair methods of competition in commerce or trade, and it appears to the division that it would be in the interest of the public to stop the unfair methods of competition, the division may begin adjudicative proceedings and may issue an order directing the person to cease and desist from using those methods of competition.
    (4) The division may file suit to enjoin and restrain a person from conducting the unfair competition if:
    (a) after the adjudicative proceedings, the executive director believes that the method of competition in question is prohibited by this section; or
    (b) no hearing is requested; and
    (i) the person accused of unfair competition does not cease the unfair competition; or
    (ii) the person accused of unfair competition begins the unfair competition again after discontinuing it.
    (5) The attorney general, or the county attorneys in their respective counties, shall conduct unfair competition proceedings upon request by the division.
    (6) No order of the division or judgment of the court to enforce the order may waive the liability of any person under the antitrust laws or other laws of this state.
    (7) (a) Complaints, orders, notices, and the processes of the division may be served by anyone authorized by the division by:
    (i) delivering a copy to the person to be served, to a member of the partnership to be served, or to the president, secretary, other executive officer, or a director of the corporation to be served;
    (ii) leaving a copy at the principal office or place of business of the person; or
    (iii) sending by registered mail a copy addressed to the person at his principal place of business or office.
    (b) The verified return by the person serving the complaint, order, notice, or other process setting forth the manner of service or the return post-office receipt for the complaint, order, notice, or other process sent by registered mail is proof of service.

    File a complaint and let the government do the work!

  307. I have to wonder... by sirgoran · · Score: 1

    Is there even the smallest chance that it's really the other way around? That SCO "stole" code from the 2.4 Linux kernel and that due to employee turn-over, that a previous SCO employee pulled the code from Linux because it worked better that the code SCO had and everyone simply thought it was theirs?

    I really have to wonder.

    -Goran

    --
    Carpe Scrotum - The only way to deal with your competition.
  308. How 'bout this... by sleepingsquirrel · · Score: 2

    Here's a not unrelated idea. Increase the limit to +6, but make it so that it takes 4 positive moderations to go from +5 to +6 and then only 2 negative moderation to bring it back down. Or some such combination of things.

  309. Get down there! by Espressoman · · Score: 1

    Can some peeps get down to the forum (assuming it's still running...) and park outside with printouts of the Heise images and the true history of the code in question? It would be a devestating blow to show the unfortunate customers of SCO how hollow the claims are, and how much of a fool SCO is taking them for.

  310. meta-moderation? by sleepingsquirrel · · Score: 1

    Have you meta-moderated today?

  311. Nope. by Population · · Score: 1

    The easy way for IBM to prove this to a judge is to hand the judge a copy of the statement from Caldera releasing the code under the BSD license.

    Anyone can show two bits of near identical code and claim that one was copied from the other.

    All IBM has to do is show that the code was legitimately included.

    SCO has to show that it was not legitimately included.

    Therefore: SCO has to show that only SCO has rights to that code.

    This will be a huge problem for SCO to do. Take the example of the two bits on those photographs. IBM can show that that code was released already. SCO will have a problem showing that they own rights to that code and that all other examples of it in the wild are illegal.

  312. Re:New caselaw is always possible with neo-con jud by moebius_4d · · Score: 1

    7 Justices voted to overturn the FSC. Only 5 voted to halt the recount. That point may well be debatable. But the fact that 7 of 9 Justices found the FSC's decisions about election law to be unconstitional is not.

  313. No, it compiles... by Tom7 · · Score: 1


    That's just because they didn't show the header file, which has:
    #define ulong_t void*)
    #define return return (void *
  314. Re:"Leaked"? Careful! This might be a set-up by SC by theLOUDroom · · Score: 1

    If SCO really does have a rabbit in their hat, why are their exectives selling their stock?

    Anything "could" be a trick. Heck, you could be posting on a fake version of slashdot right now. Common sense says that's silly.

    --
    Life is too short to proofread.
  315. Re:oh no! What about the requirements?! by Anonymous Coward · · Score: 0

    Well look at the type of company that IBM. A massive one that has thousands of developers. They need people that know how to follow instructions otherwise their projects are going to be a mess and way over schedule IF they are ever completed at all. Looks like they made that mistake already with OS/360 and aren't going to repeat it.

    I always think of my classes and the instructors as i think of my customers. They provide the requirements(read this and that, expectation of student), I analyse them, design and implement the solution. If that means studying some stupid section of the text book that the prof is going to exam on, then hell that what I do. If a customer ask me to implement some feature, I implement it because if I don't, I don't get paid.

    I am a geek and I do tinker but that has nothing to do with the class requirements of me as a student. Nothing stops me from picking up an OS book on my own time and doing what I feel is cool to implement, but if its for the class you have be able to do what the prof expects of you.

  316. Re: Very interesting scientific work can help by e.colli · · Score: 0

    ... in this case, the scientist could estabilish the roots of chain letters (like the nigerian) using technics from genetics phylogeny (evolutionary history) http://www.sciam.com/article.cfm?articleID=0003D47 6-1852-1EB7-BDC0809EC588EEDF&pageNumber=1&catI D=2 I think this could be used as well as in computer programs.

  317. Look what I found !! by Anonymous Coward · · Score: 4, Funny

    It's been discovered that the code was submitted in linux by HP on March 9, 2002. The author was patch@hp.com

    http://linux.bkbits.net:8080/linux-2.5/diffs/Bit Ke eper/deleted/.del-ate_utils.c~f3dbb032c5361f93@1.1 ?nav=hist/BitKeeper/deleted/.del-ate_utils.c~f3dbb 032c5361f93

    So to sum it up:

    SCO sued IBM, because HP comitted a patch copied by SGI from an old BELL LABS (otherwise known as AT&T) Unix, which was released under a BSD license by SCO (previously known as CALDERA) after aquiring the copyrights from NOVELL with the help of funding from MICROSOFT and SUN and in turn got counter-sued by IBM,SUSE and REDHAT.

    Anyone else ?
    oh .. what was that one fortune 500 company which paid up to SCO ?

    1. Re:Look what I found !! by dubstar · · Score: 1

      whats the one fortune 500 company that previously licensed some of their 'technology' lately?

    2. Re:Look what I found !! by hesiod · · Score: 1

      > what was that one fortune 500 company which paid up to SCO

      Is HP fortune 500? They bought a "license."

  318. sco's stock price is down ... by Anonymous Coward · · Score: 0

    so expect another layer of astounding FUD to come out any minute.
    Perhaps they have decided to sue other countries as a whole now.
    after all execs can't continue to sell if the price keeps going down.

  319. 1 thing I haven't seen addressed yet... by sootman · · Score: 2, Interesting

    Stock price is going up and SCO execs are selling stock, so someone out there *wants* SCO stock. WHO IN THE FUCK IS BUYING SCO STOCK?!?!? Is this another one of them tulip bulb/bigger idiot things?

    --
    Dear Slashdot: next time you want to mess with the site, add a rich-text editor for comments.
  320. Oh, more companies to add to "hitlist"... by Kjella · · Score: 1

    Now they can sue HP for contributing the code. And SGI for releasing in under the GPL (which they by SCOian logic don't have the right to). Any bets on how many billions they'll sue for?

    I'm sure that if they showed all "their" code, we could find literally thousands of companies who has been "infringing" on SCOs rights. It's all a global conspiracy to drive them out of business, with every major company on earth in on it. Yeah, that's the explaination.

    On the credibility scale, that one scores slightly less than the neonazis' claim that it's all a jewish conspiracy. Then again, some people are stupid enough to believe that too....

    Kjella

    --
    Live today, because you never know what tomorrow brings
  321. Probably redundant by ^avenger · · Score: 1

    ...but this still seems to prove nothing, considering the fact that only comments have been matched, but no actual code (which *might* be matching) has been shown.

    1. Re:Probably redundant by linuxgnuru · · Score: 1

      ah, so only the comments are "stolen" but no actual code is.

      --
      Linux: When reboots are for upgrades.
  322. a little allegory by dh003i · · Score: 4, Funny

    SCO: You tresspassed on my property

    YOU: Huh? What? Where's your property?

    SCO: I can't tell you that, because telling you that would allow you to tresspass on my property again.

    YOU: Huh? How the fuck am I supposed to avoid tresspassing on your property if you won't tell me where it is.

    SCO: That's your problem.

    YOU: Can you show me some evidence that proves I tresspassed on your property?

    SCO: No, that would violate our property rights!

    YOU: Can you show me how not to tresspass on your property?

    SCO: No, that would violate our property rights. Now, we're going to sue you for tresspassing!

  323. Re:New caselaw is always possible with neo-con jud by leftie · · Score: 1

    It is when the reasoning used in the opinion directly contradicted decades of opinions the 5 mentioned Justices wrote in previous judicial opinions and case law. On the basis of the Gore v. Bush opinion, one is forced to conclude either the Gore v. Bush decision was invalid and arrived at due to extra-judicial reasons (i.e. illegal biases they should have recused themselves from the making a decision on the case on account of), or decades of opinions and decisions, almost their entire judicial decision history needs to be overturned. The 5 mentioned Justices clearly betrayed things beyond the scope of law lead to the Gore v. Bush decision. Judges have been impeached for far less evidence of bias in decisions far less important. Therefore, it is reasonable to conclude that that things completely outside laws enacted by our representatives, case law, legal opinion and evidence could lead to a decision on the SCO-IBM case.

  324. Who sponsors SCO? by G3ckoG33k · · Score: 1

    This link, while wildly semi-ontopic, http://www.sco.com/2003forum/sponsors.html, should give a fairly decent overview of the support the SCO Forum 2003 currently has. For now it contains the following info:

    "Document Not Found

    To find the document you're looking for, please see our company sitemap or use the following search: [snip]

    If you're having problems with a broken link, send us your e-mail and we'll find the page for you."

  325. MOD PARENT UP! by Anonymous Coward · · Score: 0

    Moderators, moderate the parent post UP!!

  326. SCO doesn't want to expose its trade secrets by Anonymous Coward · · Score: 0

    This, as well as legal reasons, is why SCO is so
    restrictive with its example code, only showing
    code which has already been published under an
    educational "BSD-style" license.

    It is important to note that this license, while
    "BSD style" is *not* unrestricted. It is limited
    to specific older versions of UNIX running on
    specific hardware, for educational purposes only.

    1. Re:SCO doesn't want to expose its trade secrets by 16K+Ram+Pack · · Score: 1
      That is not correct.

      Suggest you read other postings on this story.

    2. Re:SCO doesn't want to expose its trade secrets by m.dillon · · Score: 1
      It can't be a trade secret if it is published on dozens, if not hundreds of web servers, and when hundreds of thousands of sites have a copy of the linux source. The only 'secret' here is that SCO is refusing to point out which parts of the Linux kernel contain their so-called trade secrets, and that itself cannot be a trade secret.

      SCO has used a wide range of terminology freely, everything from 'IP' to 'Copyright' to 'Trade Secret'. Not one of their public arguments makes any sense and they are fast running out of ammunition to spend on their public persona.

  327. Re:They may be using us (Slashdot) for free resear by Alsee · · Score: 1

    The problem with that theory is that the information looks far more usefull for smashing SCO's case. IBM is getting this information too.

    If McBride and the rest of SCO are really EvilGeniuses trying to pass themselves off as idiots then they are succeeding brilliantly, lol.

    -

    --
    - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  328. They probably wouldn't present their best example by Sterling+Christensen · · Score: 1

    Maybe that's code that isn't essential to their case - just some code they think they can afford to let the Linux community remove.

  329. Yahoo Financials for SCO by Anonymous Coward · · Score: 0

    :) :D

  330. they don't want us to change it but... by leeet · · Score: 1

    They said that it's not possible to easily remove the code since it consists of millions of lines. Well if it's so damn hard to fix it within a few months/years, why don't they show it? Even if you have an army of coders working day and night, you can't replace millions of lines in a few days. In order to prove that you didn't "copy", you'd have to start from scratch and write new functions, etc.. Not just change variables.

    If there are million of lines, they can probably show a few of them to prove their point.

    It smells fishy....

    --
    -- Leeeter than leet
  331. yay by Anonymous Coward · · Score: 0

    ... and jesus compiled it on his pdp-11, and yay it didn't crash... and there was much rejoicing

  332. am i missing something ... by tesmerjg · · Score: 1

    if the code is the same, then why did they only obfuscate one side??? if it is not the same, then i can see why they would obfuscate - what is their claim here - copied comments?

  333. Show them the Razzle Dazzle... by WoTG · · Score: 1

    Recently watched Chicago again, while on a plane... couldn't help but here that little song while reading all of this...

  334. Hahahaha - UGhhhh by Anonymous Coward · · Score: 0

    What next? they're going to show include c file ? string compare? hahahahaha

    Sheesh - if those code were publish on some books, someone could thought they are pretty nifty and incorporate those code into their programs.

  335. Re:Whole case is a sham to inflate stock price by Anonymous Coward · · Score: 0

    The whole SCO case is baseless and is a sham to inflate stock prices.

    They have not released the alleged infringing code because there are none and the moment they did, it would be quickly proven that they have no case and their stock prices would take a dive. The SEC needs to get involved now and slap some handcuffs on SCO executives.

    Just my opinion.

  336. distingush betwwen old and new changes by close_wait · · Score: 1

    We must be careful here to distinguish between the generic malloc code, and the more recent SMP-specific stuff. The basic malloc code has been around, as many people have pointed out, since the early 70's, and it's fair to assume that that particular piece of code has been cut+pasted to death, since every time any UNIX vendor needed a new pool allocator, there was one sitting there ready for reuse. However, what is more interesting is the more recent additions, ie the mutex stuff needed for SMP etc. If the SCO red highlighting is to be believed, then both sets of code share the mutex_spinlock() bits. Since these are much more modern additions, the real question is where did those additions come from, and who copied/stole it from whom?

  337. SCO infringes on Public Domain IP by Anonymous Coward · · Score: 0

    The recent relase of alleged infringing code framgement by SCO and the decisive refutation bu the community shows that SCO has misappropriated public domain intellectual property. Businesses damaged by SCO's misappropriation of the community's intellectual property have a case to seek compensation from SCO for harm done to their businesses due to SCO's reckless and baseless claims.

  338. SCO's contribution by spektr · · Score: 1


    return) ((ulong_t NULL);
    ^
    |
    |
    Original SCO Code (licence required)

  339. SCO released that code under BSD license! by nathanh · · Score: 3, Insightful
    This is amusing. The code in question was released by SCO under the BSD license, last year, before McBride became CEO. It's from V7 source code.

    SCO has removed the V7 source from their website but the wayback machine has the original release. SCO's case is well and truly baseless.

    Yay! Linux wins. World domination is one step closer today.

  340. From a Washington DC Slashdotter by saddino · · Score: 2, Informative

    SCO must have disclosed code to the Library of Congress when it registered their copyright to the UNIX code

    You only need to submit 50 pages of code to file a copyright for source code, so there may not be much information at the LoC to peruse.

  341. I may be wrong but... by PeteQC · · Score: 1

    What if the code was "copied" (if it was) in ANOTHER country (not USA) who has other laws? Would it makes it different under the law? If the code was copied in a country with permissives copyright law?

    Maybe I'm all wrong, maybe the code was written/transfered/copied in USA too... IANAL obviously... But I would like to know!

    By the way, if SCO wins their case (I doubt it, but if...) how would it affects Linux in other countries (such as Canada or European countries)?

    Thank you for helping!

    --
    Montreal - Best city to live in!
  342. Re:Translation DMCA violation! by Anonymous Coward · · Score: 0

    You realize, of course, that you have just violated the DMCA by decrypting that digital code without authorization.
    I hope you're out of reach of the U.S. Justice Dept!

  343. We don't need to sign no stinkin NDA by Anonymous Coward · · Score: 0

    This refutation of SCO claim is an example of why the community should not submit to SCO's NDA to see the alleged ifringing code.

    Under SCO's NDA, the might be able to put a gag order on people who disproved their case.

  344. The source agreement says ... by mec · · Score: 2, Informative

    Read it for yourself:

    SCO Lawsuit Documents

    The license agreements are in the exhibits. The exhibits are in big-ass PDF files. Someone might want to set up a mirror and save SCO some bandwidth ... wait, what am I saying, everyone download their own copy from sco.com now!

    IBM's contract explicitly states that IBM owns the copyright on work that IBM does, and IBM may use methods and ideas from Unix in their own works, as long as they don't actually copy literal code.

    Sequent's contract doesn't have that clause and is silent on that matter.

    1. Re:The source agreement says ... by Anonymous Coward · · Score: 0
      Someone might want to set up a mirror and save SCO some bandwidth ... wait, what am I saying, everyone download their own copy from sco.com now!

      No! No! Don't do that! Tomorrow they'll issue a press release: "3 Million Copies of SCO License Agreements Downloaded, Further Legitimizing Interest. License Sales Expected To Skyrocket."

  345. google? grep! by Lord+Ender · · Score: 1

    He said he used google to search through the kernel source for some text? Somebody should teach this guy aboug grep!

    --
    A slashdotter who didn't build his own computer is like a Jedi who didn't build his own lightsaber.
  346. Re:New caselaw is always possible with neo-con jud by nexex · · Score: 2, Insightful
    illegal biases they should have recused themselves

    Well then should the other 4 justices have not recused themselves as well? Clearly, voting the way they did shows a blatent bias.

    Furthermore, they did not vote against state rights. They reaffirmed the Florida Legislature's right and mandate to make the law. The same law the Governor of Florida is sworn to uphold. The Florida Supreme Court ruled such that it went above and beyond the court's mandate as enumerated in the state constitution.

    --
    Winter 2010: With Glowing Hearts
  347. Re:New caselaw is always possible with neo-con jud by nexex · · Score: 1
    You must be in a real conundrum here. Seeing how Al Gore's primary lawyer in the Florida recount case was David Boise. Since the same David Boise is now representing SCO.

    --
    Winter 2010: With Glowing Hearts
  348. Re:"Leaked"? Careful! This might be a set-up by SC by urbanRealist · · Score: 1

    Actually, I think it's more likely that they're just throwing out as much random stuff that they can in hopes of scaring people.

    --
    I've seen a lot of things, but I've never been a witness.
  349. Let's speed things up a bit .... by mormop · · Score: 1

    This methods quicker, very decisive and would stop all those overpaid, filthy lawyers from getting any richer than they already are:

    http://www.geocities.com/TelevisionCity/Set/9642 /r oshambo.html

    May I suggest David Beckham as the Linux representative as he's got a good and accurate swing best delivered via a set of German military police "Steifel" boots of the type favoured by motorcycle couriers and motocrossers because of the 1/16" thick steel plate riveted around the front edge of the sole.

    Live webcast'd be nice :)

    --
    Hmmmmmm..... Deep fried and look like Squirrel.
  350. Oh, a legal troll by mec · · Score: 3, Insightful

    Well, armchair lawyer, comment on these legal observations:

    (1) In a copyright suit several years ago, Judge Kimball dismissed the case because the plaintiff had declined to inform the defendant of infringing activity. Similarly, SCO has declined to inform Linus Torvalds of any infringing lines of code in any kernel that Torvalds distributes.

    You do know who Judge Kimball is and why his opinions are important in this case, don't you?

    (2) In the Napster case, the Ninth Circuit Court of Appeals held that an action for contributory infringement requires the plaintiff to provide specific notice to the defendant of the infringing work. Point to the specific notice which SCO has provided Linus Torvalds.

    (3) For a preliminary injunction, the movant must claim that the actions of the other party are causing ongoing, irreversible harm to the movant. The court then balances this claim with the irreversible harm to the other party that would be caused by granting the injunction.

    Question: identify the ongoing actions which IBM, the defendant, is currently taking which are causing irreversible harm to SCO. Remember what "irreversible" means in this context. On the other side, identify the irreversible harm to Linus Torvalds, Red Hat, and other people who are not even parties to the suit, if a court enjoins them from publishing their own work on their own terms.

    (4) Bonus question: discuss the doctrine of mitigation of harm. Reconcile this with Darl McBride's public statement that SCO will not identify the specific code in question "because then Red Hat would just take it out".

  351. Re:New caselaw is always possible with neo-con jud by leftie · · Score: 1

    No... I've never had much respect for lawyers, and Boies actions here just confirmed that opinion.

  352. The "greek" text in the first screenshot by theolein · · Score: 1

    It is simply normal English displayed in the Symbol font. In any normal latin font it reads as follows:

    As part of the kernel evolupion toward modular naming, the functions malloc and mfree are being renamed to rmalloc and rmfree. Compatibility will be maintained by the following assembler code:(also see mfree/rmfree below)

    1. Re:The "greek" text in the first screenshot by Anonymous Coward · · Score: 0

      Anyways, since when is a COMMENT considered code? SCO need to come up with a little more than this.

  353. Re:They probably wouldn't present their best examp by Stephen+Samuel · · Score: 1
    Maybe that's code that isn't essential to their case - just some code they think they can afford to let the Linux community remove.

    Id you want to convince the world that you've got the Linux community by the short & curley's, the last thing you want to do is shoot yourself in the foot with something this stupid.

    see also: my own comments on the complexity of this example

    --
    Free Software: Like love, it grows best when given away.
  354. Responsibility? by Platinum+Dragon · · Score: 1

    Since it looks like this may be a piece of code covered by a BSD-type licence that does not adhere to the licence restrictions (namely, proper copyright notice and attribution), it may be a good idea to start tracking down who is responsible for submitting this patch in the first place.

    The file is in 2.4.21, but got dumped about eight weeks ago.

    That particular defunct file in 2.5 was submitted by what looks like a generic HP patch submission address. In 2.4, it came from patch@conectiva, which leads me to believe Marcelo added this as part of a large ia64 patch (he has a conectiva.com address). The code has an SGI copyright notice, so I'd be interested to discover if this piece of code exists in IRIX, and what SGI's Unix contract looks like.

    A jbarnes@sgi.com patched the file in question twice before it was deleted in 2.5 by chadt, while a jh@com[helgaas] patched and deleted it in 2.4.

    At this point, I would need to know what SGI's Unix contract specifies, and where SGI got this code from in order to rate a copyright notice on the file.

    --

    Someday, you're going to die. Get over it.
  355. Injunctive relief by rigorist · · Score: 1

    Who will be enjoined? Linus Torvalds? RMS? You? Me? Guess what, Braniac, the only parties to the litigation are SCO and IBM. The District Court does not have jurisdiction over anyone else.

    The difference in Sun v. Microsoft was that Microsoft was a party and subject to the court's orders.

    Yes, IA_Al. You, very obviously, are not.

    Trip, trap . . . Trip, trap . . . .

  356. One more update (I think the last) by Arker · · Score: 1

    Perens has done a great job of collating what all of us have dug up here.

    Short form is, this comment and the code in the second slide go together (although the actual code on the second slide has obviously been tampered with, and will not compile,) and the original work on which it is all based was written by Dennis Ritchie ca. August 1973. It traces not only in the V6 and V5 code I've posted links to, but to V3, the oldest version of Unix which survives for us to read today, and beyond. Several derivatives have been released under BSD licensing, so it occurence in (old) versions of Linux is completely legal.

    As many of us have suspected since the first rumours of Caldera/SCOs new business model surfaced, they've got a lot of pattern matches but not the brains to realise that just because a string of characters occurs in a file they bought from the Santa Cruz Operation it doesn't necessarily follow that they have unencumbered copyright on it wherever it might appear.

    --
    =-=-=-=-=-=-=-=-=-=-=-=-=-=-
    Friends don't let friends enable ecmascript.
  357. SCO Company Meeting by kennyz · · Score: 1
    I just called the SCO support line at 800-726-8649. I like to call the company every so often (OK, multiple times a day) to remind them of what I think of their actions... usually something along the lines of "Oh, I'm sorry, I was trying to reach a corporation with ethics." *click*

    Today, however, instead of reaching an unwitting support person, I received the following message:

    "Thank you for calling SCO. We are sorry we are unable to take the calls at this moment because we are in a meeting. Please press 1 to leave a message. Thank you."

    The whole company is in a meeting??? Hmmm, I wonder what that's about. *grin*

  358. Are you on drugs? by rigorist · · Score: 1

    Courts do not do these things. You only imagine they do because you are ignorant and stupid. THE COURT MUST HAVE JURISDICTION. The court cannot order anyone except the parties before it to do anything.

    Again, you cite to a case without a clue. The parties to United States v. Microsoft (not DOJ) were, duh, the United States and Microsoft. The court had personal jurisdiction over Microsoft and could enter and enforce orders.

    The United States District Court for the District of Utah DOES NOT have personal jurisdiction over anyone but IBM in this case.

    The District Court does not have the POWER to enter the order you envision.

    Stop and think for just a fucking second and you will see how ridiculous you are being. You don't even have to practice in federal courts to figure this out.

  359. Re:New caselaw is possible with neo-con judges by leftie · · Score: 1

    First of all, you can't claim to be a supporter of states rights and then reach into a state and intervene in it's ability to determine an issue like voting process within that state. A state's right's activist cannot claim they are supporting states rights by supporting one of the branches of a state's government (legislative) while undercutting another branch of said state government (judicial). The Florida Supreme Court is designated by the Florida Constituation as the branch of Florida Government that has the power to arbitrate and review Florida law. The Florida Supreme Court never undermined legislative authority. The Florida Legislature undermined it's own authority by passing conflicting statutes about the same subject and the Florida Supreme Court was then well withing the authority granted it by the Florida State Constitution to determine which of the conflicting statutes the legislature passed appied in that situation and make clear what the legislature had muddied so badly. A proponent of state's rights would clearly see the Florida Supreme Court acted correctly a well within it granted authority by making sense of the multiple statutes the Florida legislature had passed applying to the Florida voting process. Only an advocate of extreme judicial activism and federal intervention into a state's right to determine it's own laws would dare to reach into the Florida govenmental process and create new law for the State of Florida. That is what the 5 Justices in question did when they stopped the recount process. The 4 other justices in question could not be considered bias because their history of opinions always leaned more toward judicial activism and federal intervention in states govenmental processes. By ruling on the question, they continued their past pattern of judicial opinions. They acted completely in character with their previous rulings from the bench. The 5 Justices in question states rights past history demanded they refuse to allow the Supreme Court to hear Bush v. Gore, re-affirming the FLA Supremem Court. With the Justices in question acting so against decades of their own personal precident on the issue of states rights, they confirmed their bias.

  360. Re:NOT GPL compatible (Re:Kernel mailing list comm by Platinum+Dragon · · Score: 2, Informative

    More importantly it was release PRIOR to Caldera relicensing the Ancient Unix code.

    Not quite; the Caldera BSD-style licence arrived on Jan. 23, 2002. The earliest date on the file itself is 2002/02/28 17:31:25, in the initial 2.4 patch that added this file. The patches themselves were added on March 9 and 13, 2002.

    2.4 initial patch.
    2.5 initial patch.

    However, the required copyright notice is not there, so if an SGI employee submitted this file to the Linux IA-64 implementation under the assumption that the UNIX copyright issues had been cleared by the Caldera announcement, that employee blew it by not adding a proper copyright notice. If the file in question, however, comes from SGI's IRIX code, then the issues changes to whether SGI's changes to SysV code become property of the SysV owner under the AT&T licence, or whether SGI managed to get an IBM-like exemption on the derivative works clause.

    Either way, it appears to me that the breach of copyright was initially committed by an outside coder, who submitted the code as part of the IA64 implementation to the kernel maintainers without adding proper attribution.

    I think some more investigation needs to be done into the origins of the code. It would be very helpful if the individual who initially submitted this code for addition to the kernel spoke up.

    --

    Someday, you're going to die. Get over it.
  361. Maybe ... by mec · · Score: 1

    You could say about any SCO action: they are just misdirecting us.

    And, indeed, I believe there is a lot of weight to that explanation. Some of their telephone press conferences were oriented towards baiting Linux users rather than announcing anything resembling news.

    Or in other words, their game plan is: say something outrageous today; then while we all react, say something else outrageous tomorrow. People forget last week's outrageous statements but the PR effects live on.

    This will destroy SCO's credibility in a matter of months, but since they are just a tentacle of Canopy Group, it's okay with them to trash out their credibility. The important part is to deliver the $15 million of FUD that Microsoft and Sun have already paid for.

    That said ...

    It really pushes the envelope for SCO to sacrifice their big chance at SCO Forum just to bait the Linux community some more. SCO has a big stake in continuing to be seen as a company with real products and services, not just Sock Puppets with Lawyers, Inc. IMO they would have been better off pulling some really daming code SCO Forum, not this cheesy 1970's ancient crap.

    I don't think they rope-a-doped this one. Not to say that they won't rope-a-dope plenty of other times.

  362. Point of law: Can SCO have it both ways? by bettiwettiwoo · · Score: 1

    I seem to remember that under the legal doctrine governing American constitutional cases a person cannot challenge the constitutionality of some piece of legislation in case that same person has previously benefited from that same piece of legislation.

    In other words, you can't have it both ways: you cannot acknowledge constitutionality when it suits you but cry unconstitutionality when it doesn't.

    Now, SCO is claiming, among other things, that GPL is illegal as federal copyright law only allows one copy.

    Has SCO ever made use of code which was created by someone else and covered by GPL? (In other words, is SCO trying to have it both ways?) And would that make a legal difference?

    --
    The liver is evil and must be punished.
  363. Sco being sued for racketeering ? by gnuforpresident2004 · · Score: 1

    Unable to afford scalpers' price for a Red Sox ticket, the Tawny Titan heard from an East Coast paralegal while he watched the game from a saloon near Fenway Park. The legal eagle claimed two large Linux customers are eyeing racketeering charges against SCO for asking for money before it proves its case. They would need about four more companies to come forward, claimed the tattler. "Seems like a dream come true for some attorney general," said the Furball. http://www.eweek.com/article2/0,3959,1224399,00.as p

  364. See Monday's 2 SCO articles. by Sans_A_Cause · · Score: 1

    It's the meeting where the 2 slides were presented.

  365. Re:New caselaw is possible with neo-con judges by swillden · · Score: 1

    First of all, you can't claim to be a supporter of states rights and then reach into a state and intervene in it's ability to determine an issue like voting process within that state. A state's right's activist cannot claim they are supporting states rights by supporting one of the branches of a state's government (legislative) while undercutting another branch of said state government (judicial).

    They didn't support one branch while undercutting another. They just reaffirmed the constitutional superiority of the legislative branch over the judicial branch. The FSC exceeded its authority with respect to Florida state law, and the USSC slapped them down, and ordered them to follow their own state laws.

    Holding state courts to their own laws is a perfectly legitimate function of the USSC, something that not even the strictest of constitutional constructionists would dispute. At the end of the day, if we can't at least pretend to have Rule of Law, what have we got?

    On a more practical level, it's a good thing they did, too, because the Florida state legislature was about to step in. The outcome of the election would have been the same, but such a blatantly political (but perfectly legal) act would have had serious and long-lasting repercussions.

    --
    Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
  366. LoC has the code, but you can't read it by mec · · Score: 1

    Basic copyright law:

    Copyright exists as soon as the work is written down ("fixed in a tangible medium").

    You don't have to register your copyright. But if you do, more legal protection is available to you.

    To register the copyright in the USA, you have to send a copy of the work to the Library of Congress.

    The copyright office will not give copies of these works to other people.

    Copyright Office FAQ

    Specifically:

    Q: How can I obtain copies of someone else's work and/or registration certificate?

    A: The Copyright Office will not honor a request for a copyo f someone else's protected work without written authorization of the copyright owner or from his or her designated agent, unless the work is involved in litigation. In the latter case, litigation statement is required. A certificate of registration for any registered work can be obtained for a fee of $30.

    1. Re:LoC has the code, but you can't read it by mikeee · · Score: 1

      Um, but the work is involved in litigation.

    2. Re:LoC has the code, but you can't read it by mec · · Score: 1

      Yes, SCO's code is in litigation.

      That means that IBM's attorneys can request copies of anything they think is relevant to their case. Similar for Red Hat's attorneys.

      See this regulation:

      37CFR201.2

      Scroll down to the bottom and start reading at "(2) Requests for certified or uncertified reproductions ...".

      Interestingly, the regulation has some slack. There are three cases. Case (i) is for the copyright owner or their agent. Case (iii) is for a court -- a court can ask for anything they want, as long as they are hearing a case and have jurisdiction and the material is relevant. Those are straightforward; I expected those.

      But case (ii) allows an attorney for a case, actual or prospective, to make a request. I don't know how real the case has to be before the Copyright Office will give it up. But I'll bet that "ummm, sure, I'm thinking about suing SCO, gimme" is not enough.

      In my armchair opinion, it would be very interesting for someone who's actually received a "buy your license or we might sue" letter from SCO to pay an attorney to send a letter to the Copyright Office saying "SCO is contemplating suing us for copyright infringement, they have gone so far as to dun us, they refuse to identify their copyrighted material, please send us copies of SCO's registered copyrighted material so that we can defend ourselves against a prospective suit".

  367. No difference by msobkow · · Score: 2, Interesting

    Your first example produce raw pseudo-machine code like:

    LOD R1,__MAX
    JZ :END_LOOP
    DEC R1
    :BODY_LOOP
    -- blah blah blah
    DEC R1
    JNZ :BODY_LOOP
    :END_LOOP

    The second will produce something like:

    LOD R1,__MAX
    DEC R1
    JLZ :END_LOOP
    :BODY_LOOP
    -- blah blah blah
    DEC R1
    JGT :BODY_LOOP
    :END_LOOP

    Even the 8-bit 6502 and Z-80 CPUs set flags based on the Z/NZ/Sign status of the incremented/decremented register, and had the requisite conditional branch operations.

    If you think there is a performance difference between the different conditional branches, you need to check your manuals again.

    Slightly newer CPUs such as PDP, VAX, and M68K had instructions which did an increment/decrement and a conditional jump on Z/NZ in a single opcode. The VAX even had a horribly inefficient instruction that would even let you specify a loop increment/decrement other than 1.

    Heavily pipelined RISC code looks worse, but should be effectively performance-neutral as well.

    (Yes the "sample" code is just a dredging up of old keywords from a decade or two ago. It's not "real" assembly for any CPU.)

    --
    I do not fail; I succeed at finding out what does not work.
    1. Re:No difference by ewhac · · Score: 3, Insightful

      Nope, your first translation is incorrect. Recall that i-- is a post-decrement operation; the decrement always happens, but the lvalue of i is the value it has before it gets decremented. This means you'll end up with the following:

      ; pseudo-assembly translation of 'for (i = MAX; i--; ) { ... }
      LOD R1,__MAX
      JMP END_LOOP
      BODY_LOOP:
      ; -- blah blah blah
      END_LOOP:
      MOV R2, R1 ; R2 <-- R1
      DEC R1
      TST R2
      JNZ BODY_LOOP

      There's a MOV and TST in there that don't need to be there. Your second translation was more correct:

      ; pseudo-assembly translation of 'for (i = MAX; --i >= 0; ) { ... }
      LOD R1,__MAX
      JMP END_LOOP
      BODY_LOOP:
      ; -- blah blah blah
      END_LOOP:
      DEC R1
      JGE BODY_LOOP

      Schwab

    2. Re:No difference by msobkow · · Score: 1

      Correcting the "bugs" in part one... *g*

      LOD R1,__MAX
      JZ :END_LOOP
      :BODY_LOOP
      DEC R1
      -- blah blah blah
      TST R1
      JNZ :BODY_LOOP
      DEC R1
      :END_LOOP

      OTOH that is no longer a trivial parse-tree conversion, but now requires a bit of intelligence in the code generator to add the extra "DEC R1" on the way out of the loop.

      No performance change, but the code has grown by an op.

      --
      I do not fail; I succeed at finding out what does not work.
    3. Re:No difference by msobkow · · Score: 1
      Correcting the correction... (typical!)
      LOD R1,__MAX
      JZ :END_LOOP
      :BODY_LOOP
      DEC R1
      -- blah blah blah
      TST R1
      JNZ :BODY_LOOP
      :END_LOOP
      DEC R1

      Previously the decrement didn't occur if the condition failed on the first pass.

      Don't most CISC CPUs have test-Rn-and-branch opcodes that pipeline down to 1-2 cycles nowadays? IIRC even the M68K had such opcodes, though they took a few cycles on the old microcode-driven CPUs (minimal pipelining, if any.)

      --
      I do not fail; I succeed at finding out what does not work.
  368. Translation of SCO Linux Code Screen by HomeSpy · · Score: 1

    The text is written with Greek letters representing English ones. The translation is as follows: As part of the kernel evolution toward modular naming, the functions malloc and mfree are being renamed to rmallok and rmfree. Compatibility will be maintained by the following assembly code: (alsosee mfree/rmfree below)

  369. bk - cvs gateway by Craig+Ringer · · Score: 1

    There is a bitkeeper -> CVS gateway.

    http://www.ussg.iu.edu/hypermail/linux/kernel/03 03 .1/0889.html

    Please at least check before abusing people for being 'obviously' wrong - 20 seconds on google would've corrected your assumption.

  370. Dear Darl, by Anonymous Coward · · Score: 0

    Kiss my Asp, Baby.

    Love,
    Cleopatra

  371. Re:oh no! - The obfuscated code by Anonymous Coward · · Score: 0

    As others have doubtless seen, the "obfuscated" code is basically transliterated into Greek. It reads: /*
    * As part of the kernel evolution toward modular naming, the
    * functions malloc and mfree are being renamed to rmalloc and rmfree.
    * Compatibility will be maintained by the following assembler code:
    * (also see mfree/rmfree below)
    */

  372. Uhhhh... by Anonymous Coward · · Score: 0

    Are you related to THE Michael Bolten?

  373. Did anyone read the links? by AstroDrabb · · Score: 1

    Didn't anyone read the links? Especially this one? Analysis of Linux Code that SCO Alleges Is In Violation Of Their Copyright and Trade Secrets

    Bruce Perens clearly shows how this code was released under the BSD license a while ago and how it was in circulation for almost 30 years! I hope the stock price of SCO goes way down now that we have analyzed thier best example and shown how it is FUD.

    --
    If Tyranny and Oppression come to this land,
    it will be in the guise of fighting a foreign enemy. -James Madison
  374. Not being intellectuals ... by Anonymous Coward · · Score: 0

    The upper crust at SCO don't know the meaning of "intellectual."

  375. Please. by Anonymous Coward · · Score: 0

    1) The code in question is trivial to re-implement.
    2) The algorightm? Hell, he probably though that one up. It's trivial at this point in history. It looks the code anybody's who's written their own malloc for an embedded system that didn't have a "C" run time library.

  376. Stargate by darnok · · Score: 1

    If you look closely, you can see this code in the 7th episode of the 2nd series of "Stargate SG-1", approximately 25 minutes 18 seconds into the episode.

    SCO is obviously claiming ownership of code that's not only present in 5000 year old Egyptian pyramid carvings, but that originated in another galaxy and was written by non-humans.

    Let's hope *their* IP property laws aren't as stupid as ours, or they might be able to claim ownership of Earth as an appropriate copyright infringement penalty.

  377. Re:New caselaw is possible with neo-con judges by leftie · · Score: 1

    The 5 Justices in question (and your argument, swillden) relies on a premise that the Florida Legislature had written a single clear piece of legislation that the FLA Supreme Court somehow overturned. That premise is completely false, swillden. In reality, the Florida Legislature had passed multiple pieces of legislation in the subject in question with conflicting regulation and procedures on the exact same voting process. Therefore, the real situation was that the FLA Supreme Court was forced to act because the FLA legislature had created a mess that required interpertation by the courts in order to figure out what was supposed to be done. The role of interpretation of existing law is clearly delegated to the judicial system in Florida, the Federal Government, as well as every other state in the country. Go look it up swillden. There is not a single court system in America that does not have the role of interprtation of existing law delegated to the court system. The FLA Legislature made a mess of multiple laws which contradicted each other and the FLA Supreme Court acted completely properly in it's role as the interpreter of existing statutes. swillden, you should stop repeating Rush Limbaugh's talking points. Limbaugh accurary record is very poor. The neo-cons would like to revise history and make people believe the FLA Supreme Court intervened and tried to overturn an exist clear piece of legislation, but it is simply false no matter how many times it gets repeated. The FLA Supreme Court acted exactly as specified by the FLA Constitution in attempting to properly interpret the conflicting messes the FLA legislature created.

  378. Hey Time to Sue them AGAIN by Anonymous Coward · · Score: 0

    They don't own the comment and have clamed it the file sould be under BSD all parts taken from it to other files should be under BSD about time SCO gets sued for claiming code they don't own.

  379. Why do we care? by CAIMLAS · · Score: 1

    I don't see why we still care about this. It's plainly obvious that it's all just an attempt to get the CEO's stocks to fly before they sell them out and bankrupt the company, all just to retire rich to a remote desert island with their own herd of sexy females, and to lay off hundreds of hard working Americans.

    --
    ~/ssh slashdot.org ssh: connect to host slashdot.org port 22: too many beers
  380. Cripes! by Anonymous Coward · · Score: 0

    This is why losers program in java and perl these days.

  381. From the linux kernel archive by loconet · · Score: 1

    So those damn hippies don't like /.? How dare :p

    Interesting post to the linux mailing list here

    Another thing to note, how come the file is no longer in bit keeper? Am i looking in the wrong place? Got removed?

    --
    [alk]
  382. heehee by Anonymous Coward · · Score: 0

    that above thread seems to have meandered to the pedantic. All that discussion and brain cell activity, and not a single performance experiment.

    1. Re:heehee by msobkow · · Score: 2, Insightful

      The point of the whole discussion was abstract code theory, not to write tests for specific CPUs and compilers and see what happens.

      It's people who can't have an abstract discussion that are killing this business and turning it into an inefficient assembly line. If you don't enjoy thinking and discussing the abstract, programming is the wrong industry for you.

      --
      I do not fail; I succeed at finding out what does not work.
  383. Re:NOT GPL compatible (Re:Kernel mailing list comm by lspd · · Score: 1

    Look before you post..

    The code was around before it was put into the main tree. Look at the date on the 2.4.16-ia64 patch, then open the file and you'll see ate_utils.c. I haven't followed it all the way up the patch list, but it's certain that ate_utils.c was around PRIOR to the Caldera relicensing.

  384. It's kinda funny-- by DrDebug · · Score: 1

    SCO won't show the code, but they claim it was copies.

    Perhaps they don't want to show it because THEY are the ones that copied it!!

  385. Modify the GPL to exclude SCO? by mrawl · · Score: 1

    At what point does the FSF decide to protect itself from those hypocritical vultures and add a SCO exclusion clause to the GPL? I mean if it ever came to something like that in order for free software to survive this vicious attack it would be justified wouldn't it? Same goes for M$ if their involvement in this outrage is ever revealed. This would teach like-minded predators a very good lesson - not unlike the one those dicks are trying to teach the FSF. The only difference being this might actually be justified.

  386. Who is Ken? by Anonymous Coward · · Score: 0

    I know Ken is a guy who worked on UNIX back in the day (can't remember his last name), but little else.

    Please explain for those who don't know even this much who exactly Ken is.

  387. Re:New caselaw is possible with neo-con judges by swillden · · Score: 1

    Go read the supreme court's decision. They explain their rationale quite clearly, and cover in great detail exactly how and why the Florida court overstepped its bounds.

    You, of course, are free to disagree with the supremes, and you are correct that I oversimplified the situation, but I was merely responding to your own oversimplification. I've read and understood the details, and it is my (informed, but not lawyerly) opinion, that the supremes decided correctly. Have you done the same? Can you rebut their arguments? If so, please do. I'm always interested in hearing a *reasoned* opposing viewpoint. If you don't understand the details, then, may I ask, just who here is spewing partisan talking points?

    --
    Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
  388. Hah! they're lying! by squidinkcalligraphy · · Score: 1

    Everybody knows that Real Programmers(TM) write code and leave the comments for later. Linux is written by Real Programmers, hence has no comments, ergo SCO is lying.

    --
    "I think it would be a good idea" Gandhi, on Western Civilisation
  389. Diversion by Peyote+Pekka · · Score: 1
    SCO are lazy, stupid bastards ... And so they think that everyone else is too. It's the classic syndrome called "projection".
    There are many things they or would like forgotton. In particular, their collaborators would like forgotton, like seccurity, or fines.

    Or 6 (million) other reasons:

    1. 14 aug
    2. 13 aug
    3. 12 Aug
    4. 11 Aug
    5. 8 Aug
    6. 7 Aug
    ... and don't forget that the EU patent vote has been shifted to the week of sept 11 to ensure that it gets no coverage.
  390. Linus comments on Perens' analysis by Kurt+Gray · · Score: 1

    (links gleaned from Google News) I'd submit these into the story submission but my submissions have 99% rejection rate.

    SCO's proof bogus, Linux advocate says The creator of Linux, Linus Torvalds, said he was not surprised by Perens analysis. "It sure as hell looks like its BSD-licensed and has been around forever," Linus said. "This was what we claimed was the likely source of any common code in the first place: BSD code and various vendor stuff." ...

    ...and, hold onto your seat because...

    SCO Preparing Legal Action Against Customer Talking to ComputerWire, McBride added SCO is identifying Linux users for possible litigation. He said SCO had for the last month gathered information on Linux users, and identified about 10% of the total Linux servers sold last year. McBride added that he expected that figure to rise to 40% over the coming weeks before SCO would take action. ...

  391. what you're not seeing by EEGeek · · Score: 1

    What they're not showing is the comments a few lines above that says, "/* Code herein copyright IBM Corp. Originally designed by Michael Anderson, programmer IBM Corp.*/" in the Linux Kernel, and in the System V kernel, "/* Note to self, changed this ripped off code so it looks like SCO's and not IBM's.*/"

  392. Re:New caselaw is possible with neo-con judges by leftie · · Score: 1

    I most certainly can rebut the argument the 5 US Supreme Court Justices in question, and have stated it multiple times. Because there was was more than one Florida law passed by the Florida legislature that was in effect in Dec 2000 regarding Florida voting process, because these multiple laws did not include clauses which invalidated previous legislation, and because these laws contradicted each other in many places, an interpratation of the laws by the FLA judicial branch was required. The FLA Supreme Court was forced to act because of the mess the FLA legislature had created by crafting very poor legislation. The 5 justices in question CANNOT claim to support states rights and still intervene in the FLA Supreme Court's right to interpret FLA law. Interpreting existing law is the most basic function of the judicial system.

  393. *sigh* by Steeltoe · · Score: 1

    Taking something without permission is theft.

    Agreed.

    If I write a piece of code that is original, peculiar to my situation, and you decide to just up and take it without permission, implied or otherwise, then you are guilty of theft.

    Not necessarily so. I am guilty of copyright infringement, not theft. Copyright laws are artificial monopolies created by the government to create a market for copyrighted texts. I don't object to copyright per se, it might be useful. It may be a good way to protect authors, but it is being extended unfairly under laws like the DMCA, Sony-Bono act, etc. We should never forget its origins, and that it is not theft to copy without authorization. Nobody is deprived of anything. That's the beautful thing about information and education: Everybody becomes richer by sharing it.

    If you don't want me to copy something (into my brain for instance, or on my screen/web-cache), then don't make it accessible to me. Copying is a natural thing, and can't be helped.

    Code is not necessarily always speech. It is an expression of ideas, but it can be copyrighted, which gives me ownership. It may not be right, it may not be ethical, but it is legal under the law, and that's all we've got to work with for now.

    If it is not ethical, then I will break the law, if that is an ethical thing to do and appropriate to the circumstances. Ghandi didn't free his countrymen by becoming a lawyer. Laws that oppress do not deserve to be obeyed. It's like saying "we were under orders", which stops people to think for themselves. That always result in misery at one point or another. Sometimes following laws is the best way, other times they need to be broken (civil disobedience), in order to have them overthrown.

    1. Re:*sigh* by Anonymous Coward · · Score: 0

      And sometimes people have to be thrown in jail to send the message that democracy doesn't work this way. Ghandi was fighting real oppression under a tyrannical system. Copyright opponents are not.

    2. Re:*sigh* by zangdesign · · Score: 1

      I am guilty of copyright infringement, not theft.

      OK, granted it may not be theft (I won't completely concede that point, but I'm willing to let it slide for now). So perhaps you can copy the code, however, use of that copied code for your own enrichment by providing a good or service based on that code would deprive me the ability to provide that good or service to others under my own terms.

      Now, part of your argument is against oppression. But there are two problems here - one, I am under no obligation to help others; that is dependent on a moral code which can be uniformly applied to both you and myself, and unless I am mistaken, there is no uniform moral code. There are instances in the law where one is forced to provide support for others and so we do at least the minimal amount under threat of legal sanction (more may be done willingly if the individual chooses).

      However, software is a different case. No law has arisen which says that I must share my code. We have agreements (GPL, among others) which make those claims, and those are entirely right since they can be entered into freely, or not at all. I may provide software freely to friends or other with whom I have established a relation, and they may in turn do the same. But to say that I should help others (barring legal sanction) with whom I have no existing relationship is ridiculous in my eyes.

      (NOTE: My actual feelings on the subject may or may not be represented above - that is not your concern. I frequently take the Devil's Advocate position as an attempt to codify my own feelings on particular subjects).

      One thing that I do see happening is creep in the meaning of the word "theft". It originally applied to physical good and services, but this does not seem an appropriate term for something that has no physical manifestation in and of itself. Perhaps we need to establish a new term that will have the appropriate meaning and arouse the same sense of indignation that theft does.

      --
      To celebrate the occasion of my 1000th post, I will post no more forever on Slashdot. Goodbye.
    3. Re:*sigh* by Steeltoe · · Score: 1

      I don't force you to do anything, however those regulating and maintaining the law are, and they're changing the rules all the time..

      One thing that I do see happening is creep in the meaning of the word "theft". It originally applied to physical good and services, but this does not seem an appropriate term for something that has no physical manifestation in and of itself. Perhaps we need to establish a new term that will have the appropriate meaning and arouse the same sense of indignation that theft does.

      They call it piracy. I never liked that word either. I like copyright infringement, because it accurately describes what it is according to the law. If you go to court, they won't call it piracy anymore.. I don't think shame and guilt is necessary to be lawful, although it may help some. To cause that in others forcibly, is not moral in my book. That is a way to force your egoistical view and will on others through tricky means.

      Btw, copyright expires after so-and-so many years after the death of the author. So, if we wait long enough, we will get to copy everything that is proprietary now. It is only a temporary governmental-sanctioned monopoly, not a natural right.

      The forefathers of America understood that, in the longer term soceity benefits of sharing information freely. That is why they implemented the timeframe. But it has been pushed back by Disney, Sony and other big corporations many times. If we let them, they will take over as much as they can. That is how corporations work..

  394. Post I found by Succendo · · Score: 2, Interesting

    I was looking at this website. it makes the point that the code in question if from the "SCO Ancient Unix" which has sense been released under the BSD liscence. I found an interesting, post that makes sense:

    (Posted Aug 19, 2003 23:58 UTC (Tue) by Arker) (Post reply)

    Call me a paranoid, but it has saved my life at least once.

    I won't say there's no worry here. Please someone archive this stuff on your personal machine. And don't tell anyone it's there. Just keep it until it's needed, or this mess is over.

    I'd just say I've done that myself, as I've done in past cases (I have an untouched copy of 2.4 source from Caldera for instance,) but it's almost 2am in my timezone and I've done enough for the day. I know there are thousands of geeks who haven't, and I know a lot of us have a little hard drive space to spare. Grab this stuff. If only one of us has it, it means nothing, but if a couple hundred have byte-identical copies with the same time and date and the same story on how it was obtained, we have a legal chain of evidence that can be proven beyond a reasonable doubt. So please, just in case, do it now. Burn it to a CD or something, along with a description of exactly when and how you obtained it. You'll almost certainly be wasting a CD, but they're cheap, and if it does become an issue, you'll be glad you did.

    I'm going to bed now, I leave it up to you.

    the wayback machine he refurs to is at http://web.archive.org/web/20010124100000/www.sco. com/offers/ancient001/

  395. In Other News by KjetilK · · Score: 1

    Greece was added to the "Axis of Evil" today. "We have irrefutable evidence that Greece hosts a large number of circumvention experts", a White House spokeswoman said, "and that they are funding terrorists". :-)

    --
    Employee of Inrupt, Project Release Manager and Community Manager for Solid
  396. Something that is real... by CooCooCaChoo · · Score: 1

    I was talking to a mate at SUN, and put it this way, IBM has more lawyers than programmers or consultants. IBM make Microsofts legal team look like a chariety case.

    If anything is going to happen, IBM is going to crush SCO with their (IBM's) wallet and legal power. SCO will wish that they had NEVER thought of the idea,

    It is unfortunate that SCO has gone down this path. IMHO, atleast the previous CEO (before Ranson Love) was a good old fashioned, home grown Microsoft basher. All there is now is a sycophants willing to bend over and take it from MS.

    As for the license deal, is this the future of SCO, keep their two products alive and live off the royalties from licensing intellectual property? if they had an active, high-tech R&D programme in place, it would be a different situation, however, they have done very little to increase the value of the current intellectual property war chess.

    --

    "The difference between pornography and erotica is the lighting" - Woody Allen

  397. Location of code in Lions' Commentary by SteelX · · Score: 1

    The code appears in the excellent classic UNIX book "Lions' Commentary on UNIX 6th edition" on lines 2528-2547 (sheet 25).

    For those who may not be aware of the significance of the book, check out this entry on the Lions Book in The Hacker's Dictionary. The book has been around since 1976.

  398. Dont know if this is redundant by UltraWide · · Score: 1

    But here goes:

    http://perens.com/Articles/SCOCopiedCode.html

    Link which explains the code.

    --
    I really HAD another userid .. I promise!
  399. Anyone thought about... by Karem+Lore · · Score: 1
    All I see that SCO has been comparing is comments. Are comments considered code and under the same copyright rules that code is?

    I mean, if I was doing some downright dirty personal coding and copied a file, code comments and all, just to get it working and move on, then go back and change the code to my own code but don't change the comments, then submit it to the linux kernel, what then?

    Am I infringing code? Or just dumb to have forgotten to take out/change the comments. I mean, comments can not, IMHO, be tried in a court of law for copyright infringement, can it? I mean, comments don't, inherently, cause a particular change in the functioning of a system.

    Ok, so now minus comments we are left with how many lines of identical code?

    Karem Lore

    --
    When all is said and done, nothing changes...
  400. Easy to say by cooldev · · Score: 1

    This is all easy to say, and maybe it will go down that way; maybe it won't.

    The point is, you guys are completely convinced that you're right (and you probably are). However, what happens when this goes to trial and IBM is "proved" guilty, or ends up settling for some large amount? What if you see the evidence is code that you wrote specifically for Linux that SCO claims to own, but you're effectively powerless to step up and "correct" the blatently wrong verdict?

    This isn't just a what-if scenario, because it happens all the time and the majority of /. notice because it's happening to companies like Microsoft and never being questioned. Well, now they're noticing. This SCO charade is giving those folks a small taste of what it's like to be on the receiving end, and I hope it will broaden their perspective and make them more critical of similar baseless lawsuits.

    This is an extreme example because all public evidence points to SCO having gone off the deep end, but here's hoping it will wake some people up.

  401. sysexits.h by oo_waratah · · Score: 1

    I noticed when I was fixing a sendmail problem that the sysexits.h in AIX is an exact duplicate of the linux one minus the BSD license. I would be curious to see if this was a claimed as SCO source as well.

  402. Re:NOT GPL compatible (Re:Kernel mailing list comm by Platinum+Dragon · · Score: 1

    You're right--my bad for relying on BitKeeper submission dates alone.

    So the question becomes one of whether someone at SGI felt they could legally submit that code, whether they didn't realize that code was not public or under a Free licence, or whether some lazy coder decided to toss it in.

    --

    Someday, you're going to die. Get over it.
  403. Short, time to short SCO! by Anonymous Coward · · Score: 0

    What a great day to short the SCO stock!

    Mark my word!

  404. Re:New caselaw is possible with neo-con judges by swillden · · Score: 1

    Umm, there were several interlocking arguments in the opinion, and you didn't rebut -- or even address -- any of them. OF COURSE interpretation was required, and OF COURSE that is the role of the Florida courts. The issue at hand is whether the Florida Supreme Court crossed the line and created new public policy rather than just interpreting existing law. The fact that the law was internally inconsistent does not give the court the right to create new public policy. Not even if they really really want to.

    Again, if you'd care to refer to the opinion, and actually address the arguments contained therein, I'm interested to see how you arrive at your conclusions.

    --
    Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
  405. Make an experiment by svSHiFT · · Score: 1

    Take, for example, one geometry problem (any) and 20 students from the same school, put them into separate classrooms, and ask them to solve that problem. Than take their solutions, and compare them, using DIFF. :-) as aomeone having a great experience in cheking exam work at university, i tell you, that half of the works will be mostly identical, and there will be probably a couple of works with original solution approaches -- not more. so my question is: how many alternative MALLOC implementations can there be?

  406. Wait a minute... by smartfart · · Score: 1

    Isn't SCO claiming that the 2.4 kernel and anything later than 2.4 infringes their stuff? But Caldera released this ancient code under a BSD license right after they bought it. Could it be that they're claiming the 2.4 and later kernels on the basis of the released code? Is the time frame right?

  407. Don't be jealous of people who put effort in by Anonymous Coward · · Score: 0

    Uh, what a load of crap. GPA is as fair of an asessment as anything else. If you want "Resume-building activities" then fine, you have to realize your GPA might suffer and accept it. Its all about trade offs. If you decide to spend your time playing Counterstrike or reading Slashdot instead of studying or "resume-building" activities, then thats your problem. If someone puts the effort into getting a 3.75+ they obviously know something you don't, called learning the material. Just because you have a "passion" for computers doesn't mean you're competent enough to code. Just because you guys didn't get an A doesn't mean the professor is incompetent. And the definition of a full-time student is a professional student, so maybe the rest of you guys should become "professional" students that you're supposed to be, that you're paying tuition for, instead of slacking off.

    1. Re:Don't be jealous of people who put effort in by QuackQuack · · Score: 1

      You totally missed my point.

      My complaint was about a type of student who doesn't learn to code real well, certainly much worse than myself. But they know what it takes to get good grades, including whining until the prof ups their grade, if necessary.

      Like I said, in one of the posts, this particular person was a useless team member on a coding project. He was in over his head. But he knew how to get good grades, so he had the highest GPA in CompSci in the class, and got an award for, while I'm sitting there thinking, "But he doesn't know **$* about CompSci!"

      I'm just saying all a high GPA proves is that you're good as a student. There are people who legitimately worked hard and deserved their high GPA. There are people who know how to play the system and get higher GPAs than they deserve. There are people who are smart and competant, but just aren't good at school (i.e. Einstein).

      If you are an employer who hires based on GPA, you might be hiring the best, but you could also end up with a bullsh*tter and miss out on an Einstein.

      --
      By reading this sig, you agree to the terms of my sig license.
  408. I reckon I have this sussed now .. by steveoc · · Score: 1

    Drive the share price down down down to 50c for SCOX.

    Then MSFT can but them out for under $10m, and suddenly, MSFT owns Unix !!

  409. Conceited? by MikeFM · · Score: 1

    I am conceited (in the way most geeks are) but I try not to under-value my coworkers who are what you call the achievers. I don't like doing the repetitive tasks so I do think it helps me a lot to have others around to do those tasks. On my own I'm highly creative and a perfectionist (to things geeky at least) so I can solve problems in elegant ways on a frequent basis but left to a long dull project by myself I might tend to just spin my wheels because I keep getting ideas as I go along and each time I do I have to mentally file it away and that is distracting.

    I guess my point is that I'm not really conceited so much as confident of what I can and can't do well. Being confident does in general make me somewhat brash but I don't think it's the same thing as looking down my nose at people. I'm generally a pretty good teacher of newbies and I hope that those I teach find me enthusiastic rather than snooty. The only people that I really look down on are those that refuse to even try to learn. I don't believe that there is anybody that can't do it (it being anything imaginable).. there are just people who doubt their own abilities or lacking the desire to try.

    I tend to be called gungho.. there is nothing I think I can't do. Give me a task and come heaven or hell I'll do it even if it isn't technically possible. On the flip side of that I rarely admit if something is out of my reach (say if my manager doesn't want to give me 6 months to do it) and tend to make way overly hopeful projections on how long things will take. Of course some of those overly optimistic time projections are because my managers won't let me work around the clock until the job is done. At times I've been ordered to take breaks, go home, etc. Oh well.. lossing track of my point.. just ranting a lil on the difference between confidence and enthusiasm and being conceited. :)

    --
    At what price learning? At what cost wisdom? The price is a man's peace of mind, and the cost is his life.
  410. It's just greek by Anonymous Coward · · Score: 0

    they replaced the characters with their greek equivalents. If you want the rest of the comments reads...

    As part of the kernel evolution
    toward modular naming, the functions malloc and mfree are being
    renamed to rmalloc and rmfree.
    Compatibility will be maintained by
    the following assembler code:
    (also see mfree/rmfree below)

  411. Originally developed in 1972 for the Model204 DBMS by douglasgodfrey · · Score: 1

    This algorithm was originally developed
    on or about 1969-1972 by Patrick O'Neil
    Email: poneil@cs.umb.edu
    for Computer Coproration of America as
    part of the Model204 DBMS kernel.

    The SMP implementation was done in 1975
    for the 370 model 168.

    Any "IP" for the algorithm belongs to
    Computer Corporation of America.
    .
    .
    . /*
    * Copyright (c) 1986 Regents of the University of California.
    * All rights reserved. The Berkeley software License Agreement
    * specifies the terms and conditions for redistribution.
    *
    * @(#)subr_rmap.c 1.2 (2.11BSD GTE) 12/24/92
    */

    #include "param.h"
    #include "systm.h"
    #include "map.h"
    #include "vm.h" /*
    * Resource map handling routines.
    *
    * A resource map is an array of structures each of which describes a
    * segment of the address space of an available resource. The segments
    * are described by their base address and length, and sorted in address
    * order. Each resource map has a fixed maximum number of segments
    * allowed. Resources are allocated by taking part or all of one of the
    * segments of the map.
    *
    * Returning of resources will require another segment if the returned
    * resources are not adjacent in the address space to an existing segment.
    * If the return of a segment would require a slot which is not available,
    * then one of the resource map segments is discarded after a warning is
    * printed.
    *
    * Returning of resources may also cause the map to collapse by coalescing
    * two existing segments and the returned space into a single segment. In
    * this case the resource map is made smaller by copying together to fill
    * the resultant gap.
    *
    * N.B.: the current implementation uses a dense array and does not admit
    * the value ``0'' as a legal address or size, since that is used as a
    * delimiter.
    */ /*
    * Allocate 'size' units from the given map. Return the base of the
    * allocated space. In a map, the addresses are increasing and the
    * list is terminated by a 0 size.
    *
    * Algorithm is first-fit.
    */

  412. Brooklyn Bridge by Anonymous Coward · · Score: 0

    "Would you base your IT funding on unproven claims from SCO? If so, I have some code your work is infringing upon. No really, trust me. Would I make outrageous claims? You owe me big time."

    I have some IP the Brooklyn Bridge was built on. Are you an end user? If so, I'm charging a toll. You owe me big time. As a company with stock, we are committed to protecting our IP and licensing tolls. Please email this to five other people.

  413. Passed in Public Domain in 2001? by Anonymous Coward · · Score: 0

    Interesting, since SCO just filed for copyright,
    after the 28 years was up, and too late to renew,
    it makes for the argument that original 1973 Unix is in the public domain. Hmmm.

  414. greek in picture 1 by Anonymous Coward · · Score: 0

    there are some greek letters in the first picture which are saying as i can understand , cause the words are not in greek are in english. (someone tried to write english with greek letters) :
    *as part of the kernel evolution toward modular naming , the
    *functions ? and more are ? renamed to >? and more.
    *combatability will be maintained by the following assembler ?

    *(also see more/? below)

    ----------------

    if you need any further help email me chrispen@infection.gr

  415. Uhhhh... by nenolod · · Score: 1

    Example 1 is a fucking COMMENT. Who the hell cares? And what's with Example 2? Where's the SYSV code that got ripped? SIDE BY SIDE YOU IDIOT SCO PEOPLE!!!