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Back To SCO

wampl3r writes " Eric Raymond and Bruce Perens deliver a great response to SCO's recent Letter to the Open Source Community. Their response does a good job of presenting many of the finer points we have been arguing about around here, but it's nice to see them in such a formal, well-thought-out letter." Munchola adds "Meanwhile, ComputerWire, from where McBride misquoted Perens in the first place, sets the record straight: 'In his statement McBride appears to have attributed a ComputerWire paraphrase as a quote from Perens.'" stefan points to this response to McBride's letter from Kevin Bedell, LinuxWorld Magazine's Editor. Below, find one reader's idea about the "stolen lines" SCO claims are in the Linux kernel, and one expert's claim that SCO might not know some of its own source code very well.

VikingBrad writes "The Sydney Morning Herald has an article on Dr Warwick Toomey of The Unix Heritage Society claiming that SCO may not know the origin of code in System V, including claims that there is a lot of BSD software in Sys V."

Alex writes "I wondered where the 100k+ lines of copied code in the linux kernel would come from in comparison to the SCO Unixware stuff. Then a thought popped up in my head: what if they just compared linewise? All those empty lines in the code would have the same content. But how many empty lines are in the Linux Kernel Code? This small shell script counts them for you:

emptylines=0; function parse_dir () { for file in $1/*; do if [ -d "$file" ]; then parse_dir $file; else while read line; do if [ "$line" = "" ]; then emptylines=$[$emptylines+1]; echo $emptylines; fi; done

Kernel 2.4.22, yet cleaned of the code which SCO claimed was stolen, has still 733140 empty lines, probably copied and pasted by the bad, bad kernel developers from the good, good SCO guys..."

17 of 560 comments (clear)

  1. Let's make this a press release! by mflaster · · Score: 5, Interesting

    Is anyone or their linux-related company a member of any wire associations? Some anti-FUD articles really need to be filed as a press release, specifically mentioning SCOX.

    Right now, if you go to Yahoo, and search for news on SCOX, you only find their press releases. We need to get some of our opinions out there so they'll show as news on SCO!

    Can anyone help? Doesn't this seem like an important thing to do??

    Mike

  2. Any ideas? by barcodez · · Score: 4, Interesting

    I wonder if anyone has an opinion of how long this SCO thing will go on for. It seems only to benefit sco that they drag it on for as long as possible. That way the can continue to try and collect fees, get coverage in the news and inflate their share price. How can they be silenced if they don't want to discuss matters sensibly?

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    1. Re:Any ideas? by jd · · Score: 4, Interesting
      It'd be easy to settle this very quickly. Get a court order in the US, which restricts SCO's comments. It should be easy, now they've libelled both Bruce Perens and Eric Raymond. The First Amendment doesn't protect companies that much, and is probably even more restrictive on legal issues.


      That SCO was fined recently for remarks on a German website is "technically" irrelevent, in the sense that it's a decision by courts elsewhere. However, no judge is going to be overly merciful towards those who are openly in contempt of court. (And aren't big, powerful and rich.)


      I think it likely that even the threat of a gagging order would force SCO to either put up or shut up. SCO, right now, are simply trying to use threats to get cash on the cheap. Once that supply is put at risk, they won't have that choice. No threats, no income, and therefore no reason to continue the action, unless it's actually put on trial.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    2. Re:Any ideas? by Malcontent · · Score: 4, Interesting

      Zowie!. They have asked for...

      7. All documents concerning any agreement, understanding or communication with Microsoft, Sun, Computer Associates, Tarantella, AT&T, USL, HP or Novell, relating to UNIX or Linux.

      Man this alone ought to scare the crap out of them or send them running to the shredder.

      --

      War is necrophilia.

  3. Doing their work for them by j_dot_bomb · · Score: 5, Interesting

    I wonder if SCO intends all this publicity and open source community reply to do their work for them. Meaning: They dont know things like the lineage of certain code, so some of what they say is to get people to dig for them. Think of how much it would cost to figure some of these things out if you were paying people to do so.

  4. great news by The+Pim · · Score: 4, Interesting

    This must mean that Bruce Perens isn't afraid ESR is going to shoot him anymore.

    --

    The evaluation of an action as 'practical' . . . depends on what it is that one wishes to practice.
    1. Re:great news by Davorama · · Score: 3, Interesting

      Considering this note just down the index from there. Yeah, I guess so. I'm curious what Bruce (maybe) did to start off the exchange.

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      Davo -- Free speech, free software, AND free beer.

  5. Indemnity by chmilar · · Score: 5, Interesting
    I think the paragraph on "indemnity" is interesting.

    SCO should offer, to those who purchase their license, this guarantee of indemnity:

    SCO guarantees that all IP associated with the SCO license is the sole, undisputed property of SCO. Should said property be shown to be actual property of a third party, SCO will pay all legal fees, rememdies and any other fees associated with any dispute arising from the third party.

    Thus, SCO would show that they are certain they haven't infringed on GPL'd code (or any other party's code).

    If SCO is unwilling to make such a guarantee of indemnity, it shows that they don't believe their own case.

    --
    Reading Slashdot is ruining my spelling and grammar.
  6. GNU System V ? by dostalgic · · Score: 3, Interesting

    Wouldn't it be poetic justice if the courts find that contamination went the other way, i.e., that System V contains Linux code and must be redistributed under GNU as a Linux variant. Just dreaming :)

  7. Re:SCO is not the problem. Mormonism is? by Anonymous Coward · · Score: 5, Interesting
    Every Mormon I know (and I know a few) who is in the Tech business is disgusted by Darl McBride and his dishonest shenanigans. Connecting Mormonism with his actions is erroneous.

    "What comes of litigation? Poverty and degradation to any community that will encourage it. Will it build cities, open farms, build railroads, erect telegraph lines and improve a country? It will not; but it will bring any community to ruin." -Brigham Young, JD 11:259.

  8. Torvalds to McBride: Please grow up. by Anonymous Coward · · Score: 5, Interesting

    The following has been cut and pasted from the InfoWorld article "Torvalds to SCO: Negotiate What?"

    --- cut here ---

    Open letter to Darl McBride -- please grow up.

    Dear Darl,

    Thank you so much for your letter.

    We are happy that you agree that customers need to know that Open Source is legal and stable, and we heartily agree with that sentence of your letter. The others don't seem to make as much sense, but we find the dialogue refreshing.

    However, we have to sadly decline taking business model advice from a company that seems to have squandered all its money (that it made off a Linux IPO, I might add, since there's a nice bit of irony there), and now seems to play the US legal system as a lottery. We in the Open Source group continue to believe in technology as a way of driving customer interest and demand.

    Also, we find your references to a negotiating table somewhat confusing, since there doesn't seem to be anything to negotiate about. SCO has yet to show any infringing IP in the Open Source domain, but we wait with bated breath for when you will actually care to inform us about what you are blathering about.

    All of our source code is out in the open, and we welcome you point to any particular piece you might disagree with.

    Until then, please accept our gratitude for your submission,

    Yours truly,

    Linus Torvalds

  9. I got a good laugh... by Stephen+Samuel · · Score: 4, Interesting
    In feedback to the LinuxWorld article, one reader wrote: Just because SCO has been unable, or more realistically unwilling to develop this component of their business to meet the rapidly growing demand, does not mean that the opportunity does not exist and that it is not being capatalized upon now, as we speak.

    That comment made me laugh -- not because I disagree with it, but because it made me realize domething:

    Mr. McBride wants the OS community to come up with a business model for using open source that he can wrap his greedy little mind around, because he wants to usurp that idea too.

    It's not like we're expecting him to come up with an inventive idea, are we?

    --
    Free Software: Like love, it grows best when given away.
  10. Rights to blank lines? Harken to 4'33 && J by wherley · · Score: 3, Interesting

    blank lines in code are as
    silence in music ...remember John Cage was paid for infringement on
    his 4'33 track of silence. :)

  11. Re:How can one steal lines of code? by Alsee · · Score: 4, Interesting

    First, as for theft allow me to quote 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."

    As for SCO's claims, they are constantly changing and vauge, but as far as I can tell SCO appears to have backed off from actual claims copying. SCO is spreading tons of FUD and confusion, but it seems that their case is based entirely on a contract dispute with IBM and a ludacris interpretation of "derivative work".

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    - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  12. Did SCO inherit AT&T's copyright on blank line by jc42 · · Score: 5, Interesting

    Back in the 1980's, I was just one of many people who noticed that AT&T claimed to have a copyright on blank lines. You can see one of these claims at http://web.42.net/true.html. Google for /bin/true and you'll find more.

    This is the good old "true" program, which on Sys/V was an empty shell script. It works; it does nothing, and then since there were no errors, it exist with a zero status. Some drone at AT&T obviosly wrote a script to run through all their scripts and add an AT&T copyright notice. This also added two blank lines (only one in some later versions), leading to the observation that AT&T really was claiming to own the rights to blank lines.

    One fun thing is that their copyrighted version of /bin/true went through many versions, all of which contained only blank lines and a copyright notice.

    Another fun thing that I did was to post the code for /bin/true on several newsgroups as responses to discussions, pointing out that I had posted a copyrighted AT&T program in its entirety, and challenging AT&T to prosecute me. For some mysterious reason, I never heard from them.

    There was also an AT&T copyright notice in /bin/false, which contained only the command "exit 255", so if you do that in any script, you are also inviolation of AT&T/SCO's claimed copyright.

    Anyway, it does seem that the SCO gang considers /bin/true to be part of the IP that they inherited from AT&T. This is presumably the basis of the majority of their claim that there are a million lines of stolen SCO code in linux. When you add in all the lines that contain only /*, */ and //, you can easily get to a million lines.

    It could be fun if they actually made the mistake of pressing this claim in court.

    --
    Those who do study history are doomed to stand helplessly by while everyone else repeats it.
  13. My stupid opinion by md65536 · · Score: 4, Interesting

    In SCO's letter they make it sound like it's an "Open Source Community" thing to use copyrighted code. If someone at SGI did this, why does SCO think that they wouldn't put copyright-protected code into closed, proprietary code? What makes them think that other closed-source corporations don't do this? (I suppose to answer my own question, those corporations would be more directly liable for such copyright violations, so they care more about preventing it, obfuscating it, or hiding it).

    Open-source development cares a lot about copyright stuff. The GNU license list notes which licenses are compatible with the GPL. It's not like they think that any code can be and becomes GPL licensed, regardless of where it came from, regardless of what previous licenses may have applied.

    So, copyright violation occurs in other software development models. What's weird is that SCO is going after individual users. When someone sues MS over something stolen, they sue the company, they don't tell users of MS products that they have to pay additional licensing fees.

  14. As always, Linus rocks! by debest · · Score: 3, Interesting

    ...but we wait with bated breath for when you will actually care to inform us about what you are blathering about.

    Once again, a quip from Linus that is wickedly funny. The perfect combination of politeness and dry sarcasm that never fails to make me chuckle.

    I really ought to read his autobiography. I bet I'd find it hysterical, especially if he was a bit pissed off while writing it.

    --
    Look at the tomato! Isn't it sad? He can't dance! Poor tomato!