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"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.

253 of 1,180 comments (clear)

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

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

    1. 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.

    2. 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!?

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
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    3. 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

    4. 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."

    5. 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.

    6. 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.

    7. 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.

      --
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    8. 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
    9. 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.

      --
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      Friends don't let friends enable ecmascript.
    10. 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.

    11. 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/
    12. 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
    13. 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

    14. 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.

      --
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    15. 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.

    16. 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

    17. 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
    18. 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.
    19. 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
    20. 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
    21. 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.
    22. 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.
    23. 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
    24. 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.
    25. 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.

  2. 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 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
    4. 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
    5. 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.
    6. 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.
    7. 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.
    8. 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.

    9. 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.

    10. 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

    11. 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.
    12. 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!
    13. 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."
    14. 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.

    15. 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
    16. 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
    17. 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.

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

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

    19. 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.

    20. 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.

    21. 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.
    22. 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.

    23. 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.
    24. 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.
    25. 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."
    26. 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
    27. 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/

    28. 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
    29. 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...)
    30. 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?

    31. 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.
    32. 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.

    33. 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....

    34. 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
    35. 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.

    36. 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.

    37. 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.

    38. 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

    39. 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.

    40. 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

    41. 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?
    42. 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.
  3. 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
  4. 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 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
    2. 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

    3. 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)
  5. 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.

  6. 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 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!

  7. 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.

  8. 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.
  9. 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.
  10. 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.

  11. 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
  12. 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: 3, Funny
      You have to use the sco switch:
      gcc -o -scoRuLEz ate_utils.c ate_utils.o
    2. 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?
    3. 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.

    4. 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.

    5. 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
  13. 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?
  14. 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?"
  15. 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 |
  16. I dunno... by slashhax0r · · Score: 3, Funny

    It's all Greek To me!!!

  17. 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.
  18. 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 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!!!!
  19. Re:Comments ... by FrankoBoy · · Score: 3, Funny

    It's often what Slashdot is all about, anyway ;)

  20. 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
  21. 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 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.

  22. 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

  23. 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.

  24. 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??
  25. 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 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.

    3. 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

    4. 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

    5. 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.

  26. 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?

  27. (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
  28. 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.

  29. 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"
  30. 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.

  31. 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!

  32. 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 duplicate-nickname · · Score: 3, Interesting

      1992? In an early post, they found the code in a BSD newsgroup from 1984.

      News Posting

      --

      ÕÕ

    2. 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...)
    3. 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.

  33. 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;
  34. 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

  35. 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.
  36. 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?

  37. 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
  38. 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.
  39. 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*
  40. 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
  41. 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....

  42. 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?

  43. 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
  44. 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 */
  45. 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.
  46. 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.

  47. 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 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.

  48. 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.
  49. 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

  50. 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 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
    2. 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.

  51. 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.

  52. 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 Moofie · · Score: 4, Funny

      What about those of us who don't make spelling mistkaes?

      --
      Why yes, I AM a rocket scientist!
    2. Re:Don't forget spelling... by Sique · · Score: 3, Funny

      Interestingly though "mistkaes" means something like dung cheese in German ;)

      --
      .sig: Sique *sigh*
    3. 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!
  53. 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.

  54. 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?

  55. 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..."
  56. LWN Overview by saspengiun · · Score: 4, Informative

    Check out the history good overview History

  57. 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!

  58. 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 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.

    2. 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.
  59. 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!

  60. 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)
  61. ...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.

  62. "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.
  63. 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 ?

  64. 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 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
    3. 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.

    4. 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
    5. 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.
  65. 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.

  66. 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)
  67. 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.

  68. 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.

  69. 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!

  70. 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 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?
  71. 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
  72. *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 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.
  73. 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!
  74. 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 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?!

  75. 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.

  76. 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!
  77. 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.

  78. 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.
  79. 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.

  80. 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?

  81. 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.
  82. 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. 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
  84. 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.

  85. 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.

  86. 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

  87. 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.

  88. 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 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.

  89. 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?

  90. 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

  91. 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.
  92. 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.
  93. 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.
  94. 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.
  95. 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?

  96. 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.

  97. 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
  98. 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.
  99. 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.

  100. 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?

  101. 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.

  102. 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?
  103. 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 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.
  104. 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.
  105. 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?

  106. 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

  107. 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.
  108. 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?

  109. 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.
  110. 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.
  111. 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.

  112. 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.

  113. 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
  114. "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.

  115. 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 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.

  116. 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

  117. 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 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!

  118. 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.

  119. 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

  120. 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 ?

  121. 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.
  122. 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!

  123. 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.

  124. 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.

  125. 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.

  126. 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
  127. 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".

  128. 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.
  129. 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

  130. 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.
  131. 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/