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SCO's Next Target: SGI?

FatRatBastard writes "ZDNet News is speculating that SCO's next target in its legal actions against Linux may be SGI. According to the article its legal strategy will be to claim that XFS is a Unix derivative and therefore under SCO control, much like they claim JFS is in their suit with IBM. One fact not mentioned in the article that would support SGI being the next target is the malloc code they claimed was infringing at this years SCOForum was copyrighted SGI."

23 of 338 comments (clear)

  1. If I were SCO by Anonymous Coward · · Score: 5, Funny

    I'd sue Slashdot for all the stories about SCO. They're clearly trying to profit by SCO's active legal work.

  2. Enough Speculation by Mr.+Darl+McBride · · Score: 5, Funny
    While ZDNet is speculating, I thought you might like to hear of the situation from the horse's mouth. Hi, I'm Darl McBride. You might know me from lawsuits such as "IBM is spying on our children" and "you bastards used the whole alphabet for ls options too!"

    Now, we can all agree that XFS is based on our own filesystem, famous for the stability and reliability that give you excellent uptimes when fsck time is included in that uptime measure. You don't get that kind of techonolgy for free, and it doesn't simply <fingerquote> evoooollllve </fingerquote> on its own. That SGI stole and released this is not up for debate. But that piece of invaluable IP isn't the issue here, really.

    Where SGI has really chuffed our muffins is in having the gall to steal our valuable "long-run" technology. By only executing on outdated hardware, we've been able to keep system procurement prices down while effortlessly sustaining the user's reading and coffee time. In an attempt to muscle in on our territory however, SGI have chosen to stay the course with MIPS CPUs and confusingly outdated IRIX. Now, I know that the R5000 was once state of the art and all that, but the damned things are shipping in Playstation 2s. This, while SGI have the gall to tell customers that these are usable for graphics workstations.

    Be the judge and jury on this one, my friends. Why would SGI opt to use this kind of dated processor and leaden IRX OS unless they too were trying to implement our patented "long-run" technology? How long before SGI manages to extend itself into the Linux culture; to prevent system upgrades and encourage ass backward architectures there as well? Soon, our "long-run" technology will be in use by customers the world over, and they will not be paying SCO's investors one penny, your honour.

    Your honour -- Not One Penny.

    Join the good fight. The good fight is the right fight. God has given me a mission, and my investors call me to it. God talks to me nightly. We are talking about my second home here, and I'll be damned if SGI is going to take that away. We are talking about stockholder value, precariously balanced atop press releases, IP confusion, lottery players, and the belief each buyer shares that there will be one more fool beyond him. We are talking about SCO's God-given right to go where no man has gone before, your honour.

    One to beam up, Scotty.

  3. WIll sco sue itself too? by crea5e · · Score: 5, Funny

    Don't they sell Linux too ?

    SCO VS SCO
    ultimate deathmatch!

  4. Re:What a useful article by MikeCapone · · Score: 5, Funny

    We should complain to SCO, they haven't been giving us our daily laugh as consistently lately...

  5. Re:What a useful article by EdgeShadow · · Score: 5, Funny

    I suppose you don't call your self "Overly Critical Guy" for nothin'...

  6. SCO has SGI on the run too it seems by Anonymous Coward · · Score: 5, Informative

    SCO said sometime ago that "their" NUMA code found in Linux, has come from SGI engineers working in the Linux kernel.
    http://www.byte.com/documents/s=8276/byt1 055784622 054/0616_marshall.html
    So, it is more than "speculation".

  7. They're going right to the source after that... by adrianbaugh · · Score: 5, Funny

    When they're done with SGI they'll probably track down Ken Thompson and try to claim that he somehow infringed their IP by writing UNIX in the first place. After all, anything and everything to do with UNIX is clearly SCO's by god-given right.

    Morons.

    --
    "'I pass the test,' she said. 'I will diminish, and go into the West, and remain Galadriel.'"
    - JRR Tolkien.
  8. I suppose it would be too much to hope by RLiegh · · Score: 5, Interesting

    that we'd see RICO (racketeer influenced corrupt organisation) charges brought against SCO (some corrupt organisation).

    *sigh* A man can dream...

  9. SGI's official response by zBoD · · Score: 5, Funny

    is here.

    --
    BoD
  10. Shameless blatant self promotion by Anonymous Coward · · Score: 5, Funny

    We Love the SCO Information Minister is proud to now offer T-shirts and mugs through Cafe Press. Any proceeds will be split between our bandwidth costs and free software legal defense funds. Someone order something quick so we can find out if we need to provide alternate artwork :)

  11. SCO vs RIAA by Neppy · · Score: 5, Funny

    How long until SCO sues the RIAA for infringing on its patented process of public relations?

  12. In other news... by rock_climbing_guy · · Score: 5, Funny

    Jeff Bezos will be suing SCO for violating Amazon.com's patent on frivolous litigation. However, it looks like the patent might be rescended because their is too much prior art.

    --
    Wh47 d1d j00 541, 31337 15n't t3h r0xor5 ne m0r3???
  13. SCO's Property Laws by Nighttime · · Score: 5, Funny

    These are the toddler's property laws, but could equally apply to SCO.

    If I like it - it's mine.

    If it's in my hand - it's mine.

    If I can take it from you - it's mine.

    It I had it a little while ago - it's mine.

    If it's mine, it must never appear to be yours in any way.

    If I'm doing or building something - all the pieces are mine.

    If it looks just like mine - it is mine.

    If I saw it first - it's mine.

    If you are playing with something and you put it down -

    it automatically becomes mine.

    If it's broken - it's yours!

    --
    I've got a fever and the only prescription is more COBOL.
  14. Re:SCO, the mother of all operating systems by Mr.+Darl+McBride · · Score: 5, Funny
    Sir, if you do not believe we intend to use the temporal rift theory, one of many such weapons in our powerful legal arsenal, you are not a well man.

    That we've lost the leader of our legal team is conjecture and fallacy -- David Boies has been sent back to battle the first offender. The very first thief of SCO's mighty library of intellectual property. The next suit, and first in the new time line, will be filed against none other than Charles Babbage, your honour. Charles Babbage and his fabulous counting machines will fall like so many loose gears in the cuckoo clock that is the world of SCO IP.

  15. SGI had their eyes open... by LinuxParanoid · · Score: 5, Interesting

    I wrote a paper on the subject of SGI donating XFS after interviewing someone there at the time they made their announcement (~May 20, 1999). I just looked up the paper and found the following quote:

    "Currently, SGI is clearing the source code of any legal restrictions; it expects to be able to make the code openly available by the end of the summer. "

    Ensuring they were free-and-clear to donate XFS under an open source license was *not* an afterthought for SGI. There was concern among all the major UNIX vendors of IP entanglement with Linux, and SGI was the first to openly pledge to donate a chunk of their core UNIX technology. (IBM donated some non-core stuff earlier, and core stuff like JFS later.)

    SCO's claim that XFS or JFS are derivative works of SVR4/5 remains, to me, highly dubious.

    Too bad for SGI, the last thing they need these days is lawsuits. SCO can't hope for a lot of money, but maybe they're hoping for weaker resistance?

    --LP

  16. Not to be excessively paranoid.. by cmowire · · Score: 5, Interesting

    Not to be excessively paranoid, but SGI makes a great strategic choice for SCO to sue.

    They, unlike IBM, don't have buckets of cash in the bank to throw at a legal defense. If SCO can force SGI to do their bidding and potentially spit out some documentation that makes IBM's case look bad, they will be at a better position to take on IBM.

  17. Re:What a useful article by Chris+Sontag · · Score: 5, Funny

    Actually ZDNet have it all wrong. Our actual next target is God himself. As you know, God is responsible for all life on earth, including "trees". The way trees recursively divide their branches is a blatant copy of the hierarchical file system present in Unix. We plan to file suit in the next week or so.

    --

    Chris Sontag - Senior Vice President and General Manager, SCOsource
  18. Re:What a useful article by Mr.+Darl+McBride · · Score: 5, Funny
    Chris, I hate to interrupt you during one of your magical tirades... but the drugs are kicking in, Chris. Chris, the drugs are kicking in, and I've just noticed something new: These Linux boys seem to be using a lot of semicolons. A lot of semicolons, Chris.

    Why don't you head back on down to the community college and see what our "MIT" boys think of that. Have we got another pattern here, Chris? Is this another pattern, Chris?

    I think of you when I'm naked, Christopher.

  19. So many lawsuits... by IbmSockPuppet · · Score: 5, Funny

    so little time. How will they fit in time to dump their stock? Priorities and all that.

    --


    Cmon. Admit it. You thought about doing this but decided to be mature. I can't believe I got this name.
  20. Apparently they keep an eye on /. by PigeonGB · · Score: 5, Interesting

    http://www.sco.com/products/authentication/
    Used to have the awesome IT guy with the Red Hat, which was since photoshopped out, which has since been replaced with a photo of a woman. B-)

    --
    I have 3656.9 Bogomips. How many Bogomips do you have?
  21. It's not MS targetting SGI, it really *is* SCO by LinuxParanoid · · Score: 5, Interesting

    You are right, but MS has already crushed SGI.

    MS has obtained a cross-license to all SGI's graphics patents, and OpenGL is no longer a threat. A mild concern perhaps. MS buried their joint "Farenheit" high-level graphics API effort with SGI, killing it. MS has announced dropping support of OpenGL on future OSes. Development of OpenGL 2.0 is really the baby of 3Dlabs (or whoever bought them out; I forget), not SGI, which shows you how behind the curve SGI is on pushing OpenGL these days. OpenGL's survival depends more on John Carmack pushing IHVs to keep using it than SGI, and other than OpenGL, SGI has not presented MS with a platform threat.

    MS may want to crush Linux and/or IBM, but SGI? Not even in the same ballpark.

    The reason SCO is picking on SGI is because of NUMA.

    SGI has been dumping their NUMA scalability crown jewels into Linux (unlike all other conventional Unix vendors who are keeping that stuff in their high-end proprietary OS+hardware combos) and this is a significant impediment to selling UnixWare as "the premier scalable x86 Unix". Off the shelf UnixWare supports up to 8 processors today and SCO made a stab at doing NUMA stuff once upon a time, but SGI's NUMA-Linux has tons more R&D behind it and is going 64-way.

    Three or four years ago, UnixWare was actually functionally superior to Linux (I know, I know, hard to believe but it's true.) But any margin of superiority then has greatly diminished or been overtaken. This is a real problem if SCO can't keep up with the R&D dumped into Linux by the open source community plus IBM plus SGI, etc. So SCO has gone legal. It's a rational move for them. Their vacillating arguments and tenuously-novel notion of derivative works don't bode well for their long term success however.

    --LP

  22. Yuk Yuk - Bring 'em on! (Former SGI guy speaks) by Anonymous Coward · · Score: 5, Insightful

    Hehe, bring 'em on. If you're going to pick a F/S to attack, XFS is a perfect choice for SCO. It was developed independently, and I'd love to see SCO find one shread of old unix F/S tech besides the word 'vnode' in there. You go SCO! [Disclaimer, I only worked with the project back when it was an SGI-only system, who knows what happened during the Linux port].

    I think someone at SCO noticed that SGI had a SysV license (the later versions of SGI's IRIX had a good hunk of licensed SysV in there - same goes for the Solaris folks, I think everyone moved to SysV in the early 90's when it looked like 'the thing' to do).

    It'll be a good stretch for SCO to claim that XFS is a derived work in any real form. The only overlapping code would be the vnode entry points and some things related to the buffer cache, and those you really have no choice but to implement the SysV interfaces and that's easy to prove (maybe .1% or less of the FS code involved). The rest of XFS is a huge original undertaking. There's nothing quite like it (B-trees everywhere).

  23. From Wired Sept 2003 by Felinoid · · Score: 5, Interesting

    First I admit keeping this copy in my backpack becouse of the really ummm cool artwork on the front with the lady clad in diamonds.
    (Drool)

    Ok... anyway
    Wired: Sept 2003 page 80 bottom half artical title "Will This Man Kill Linux"

    Darl McBride says (while anwering a question)
    "It's really interesting to see what happends when people see the code, when they see how blatant the copying is."

    What is intresting is that so far only McBrides experts appear to be able to find this code. Well that and people who can't actually read source code seam able to find them.
    I find it intresting that the experts can't be located. I find it intresting that much of the code in question can be found elsewhere. I find it intresting that the features in question are property of other companys.

    To date:
    The features in question make Linux an enterprise class system, Came from IBM, are primaraly for SGI hardware & Have something to do with 20 to 30 year old public domain code.

    To me it appears blairingly obveous SCO is just suing anyone they have balls enough to sue.

    Hay good thing they aren't suing the little guys becouse I really like Lunix.

    --
    I don't actually exist.