Further Selections From the Mixed-Up SCO Files

grahamlee writes "It may be a case of 'do as we say, not as we do' over at the Santa Cruz Operation. The Netcraft statistics meter says that for the last year, SCO's web site has been served by Apache on Linux. Indeed, it's been more than a year since the site was ever served from a SCO Unix machine. So what is the possible reason for this? Your humble author suggests that SCO found themselves requiring a multithreaded web server, and as SCO UNIX is based on an ancient version of The UNIX spec it just couldn't cope ;-)." Read on for one of the strangest-yet turns to the SCO story, and several merely insipid ones.

An anonymous reader writes "SCO have made much of how their claims about UNIX code being improperly copied into Linux were verified by 3 teams including 'MIT Mathematicians.' However, MIT can't seem to find the mathematicians concerned!"

(SCO's explanation is that the company is talking about a team made up of people who formerly worked at MIT, rather than a group still associated with the school, but "due to contractual obligations, we cannot specifically name the individuals.")

kuwan writes "SCO has responded to the massive debunking of their 'evidence' last week. Chris Sontag claims that the BPF code was 'not intended to be an example of stolen code, but rather a demonstration of how SCO was able to detect "obfuscated" code.' That, however is a flat-out lie. If you look at their Obfuscated Copying slide (#15), it clearly states 'Obfuscated System V Code Has Been Copied Into Linux Kernel Releases 2.4x and 2.5x,' and then the slide labels the BPF code on the left as 'System V Code.'

At this point I think they realized that their case has been severly weakened and they need to spin it any way they can. And in their case this means more lying."

Captain Beefheart writes "According to this story over at The Inquirer (crediting a special edition of Terry Shannon's Shannon Knows HPC newsletter), SCO has officially announced that HP is safe from their infringement lawsuit brigade ... This leads one to suspect that HP is the Fortune 500 company that SCO claimed recently had paid for a license."

Maybe HP just wants to avoid Microsoft/BSA-style hassles: FatRatBastard writes "According to an article on Commentwire.com SCO has started sending invoices to Linux users. If a company signs up for SCO's 'Intellectual Property License for Linux,' they allow the possibility of being audited at SCO's expense to ensure that the user has been truthful about the number of Linux installations it has. Should the audit reveal that the user has underpaid SCO by 5% or $5,000, whichever is highest, the user also agrees to pay the price for the audit."

Blacklantern writes "The SCO lawsuit has made it into "Halloween Documents" gallery. Eric Raymond takes on the contents of the lawsuit point-by-point. "

Comments

Re:Can /. do me a favour?

[Gherald]

> You've got a Mac /., and a games /., so why not a SCO /. and just save the rest of us (who aren't interested) the trouble?

Go here. Click "Homepage".

Under topics, search for "Caldera". Check the box next to it.

While you are at it, search for "michael" on the left, under "authors". Check the box next to him

Scroll down. Click Save.

Novell tells SCO to Shut Up

[Aiua]

According to Australian LinuxWorld is reporting that Novell's CTO has issued an ultimatum to SCO: put up or shut up.

Boycott Canopy Group Companies

[Anonymous Coward]

Ralph Yarro is the real enemy. SCO is just the means to his evil. Ralph sits on the board and controls many of the the Canopy Groups companies. Look here for the various companies he controls/subsidizes/owns/sits on the board of . If you do business with them, let them know that this lawsuit is a bad idea. The way to get to Ralph is to hurt him in the pocket book. He just doesn't seem to understand logic. The way to make him understand is by showing him that we mean business.

Some of these subsidiary companies, by the way, are Linux/Open source whatever companies. He'll get the message real fast and call of the dogs if we just turn up the fire on his flank side.

Re:Boycott Canopy Group Companies

[Seraphim_72]

HONK!

Thanks for playing - SCO/Canopy own a little over 5% of TrollTech See here

Seraphim

Get your facts straight

[Anonymous Coward]

Come on, guys.

The Santa Cruz Operation, Inc. dissolved several years ago, and no longer exists. The company that has been in the headlines recently is SCO Group, formerly Caldera, based out of Utah.

There's no such operating system as "SCO UNIX". There's OpenServer (which is based on an old non-threading version of the UNIX kernel...SVR3) and OpenUNIX, formerly UnixWare, which is about as modern as UNIXes get.

Of course, Caldera/SCO Group was originally a pure Linux company, so it's not surprising they use Linux to host their web server. However, thanks to the LKP (Linux Kernel Personality) feature in OpenUNIX, that "Linux" web server may actually have a UNIX SVR5 kernel inside it with a GNU+Apache filesystem on top, making it indistinguishable from Linux from the outside.

Re:Hey!

[WebMasterJoe]

Don't use the full name, you insensative clod!

Actually, the full name is The SCO Group, not Santa Cruz Operations. Caldera, after buying most of Santa Cruz Operation's intellectual property, changed its name to The SCO Group. The original SCO has changed its name to Tarantella.

And now you know, the rest of the story.

"no provisions for refunding IP license fees"

[pomakis]

The referenced sending invoices to Linux users article states:

The company has also indicated, however, that should it lose such a case, there are no provisions for refunding IP license fees.

Is this legal? I mean, can they get away with this once the courts decide that they're full of shit? If a person buys an IP license fee and then the courts decide that no such IP license exists, wouldn't he or she be legally entitled to a refund?

Re:Their own excuse doesn't work...

[be-fan]

No. The BSD license is not viral. You can take BSD licensed code and incorporate the changes into your own code without having to put those changes under the BSDL.

Re:Why pay license fees now?

[pjrc]

On every SCO story, invariably someone posts a paranoid concern that perhaps a clueless judge will be assigned to the case, and rule in favor of SCO. These are often moderated to +5, which is quite silly since Judge Dale A. Kimball has already be assigned to the case, and we can see that he's got a reputation for being fair and capable of understanding cases involving technology.

Groklaw has very extensive research on Kimball's history, which is nicely summarized and easy to read. Every case has links to much more detail. The overall appearance is that Kimball will probably do the right thing.

Probably most important is the Jacobsen vs Hughes copyright case. Apart from considering much of the material uncopyrightable historical facts, Judge Kimball was quite unimpressed by the plaintif's failure to act in a timely manner to mitigate damages. Quoting from that article:

"Had Jacobsen voiced his disapproval in 1996, Hughes would have had the opportunity to take the offending material out of the books," Kimball wrote. "For Jacobsen to wait until three volumes of the series had been published before voicing his disapproval, when it is clear he had ample opportunity to let Hughes know of his disapproval as early as 1996, results in extreme prejudice to Hughes."

Obviously this bodes quite well for IBM and all Linux users. SCO of course will claim they stopped distribution of linux, but this ruling at least shows that Judge Kimball isn't likely to be be charmed with the deplorable way SCO has conducted itself. Kimball's willingness to consider the writing a separate work, even though a part of it was loosely based on Jacobsen's also casts quite a shadow over SCO's chances (assuming the unlikely worst case scenario that SCO has an ace up its sleeve, rather than the bogus examples we've seen so far). It's certainly a good sign that Kimball is unlikely to buy SCO expansive theories about what constitutes a derivitive work.

The groklaw page has examples where Kimball has ruled against big business, where he's shown competence at handling software intellectual property disputes (eg, Altiris vs Symantec), and where he's handled very complex cases.

While nothing is 100% certain going into the courtroom, it is a fact that the Judge Kimball has been selected to hear this case. His history shows he's competent, fair, and at least in Jacobsen vs Hughes, he doesn't tollerate the sort of shenanigans SCO has been pulling!

(yes, -1 redundant... I posted this on the last SCO story.... but the "idiot judge" comments never seem to stop either!)

Another SCO exec cashes in for 75K

[Tsu Dho Nimh]

Just released SEC document for HUNSAKER JEFF F VP Int'l Marketing

2 sales, 2500 each, sale price 14.3 and 14.26 for a total of $71375. He only has 15,494 more shares to go.