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More on SCO Code Snippets

anoopsinha writes "A story in linuxworld reports that SCO itself has no idea what the history of a particular snippet of code might be - even a high profile snippet like the one SCO highlighted at SCO Forum. Having no idea if its claims have merit has not stopped SCO so far, so we can expect more from SCO along the lines of big claims with no merit."

339 comments

  1. Doesn't matter by Locky · · Score: 5, Funny

    Seems to me like they can get away with showing greek code anyway.

    1. Re:Doesn't matter by Sir+Pallas · · Score: 4, Funny

      It's all Greek to them.

    2. Re:Doesn't matter by yoshi_mon · · Score: 3, Insightful

      Mostly because I'm sure there are no real geeks working for SCO anymore. None that are worth a damn proably.

      I invision that building being a bunch of yes men and raid attack lawers who have the combigned morals of Stalin, Goering, and Ghengis Kahn all rolled up into one.

      Oh, you said greek! Well, what I said still holds true.

      --

      Really, I know what I'm doing...Ohhhh, look at the shiny buttons!
    3. Re:Doesn't matter by Anonymous Coward · · Score: 1, Funny
      Mostly because I'm sure there are no real geeks working for SCO anymore. None that are worth a damn proably.

      I invision that building being a bunch of yes men and raid attack lawers who have the combigned morals of Stalin, Goering, and Ghengis Kahn all rolled up into one.

      Oh, you said greek! Well, what I said still holds true.


      Actually, "greek" hints that it's worse: they're Mormon frat boys! Horny, stupid, and not allowed to liquor up, they're spoiling for a fight.
    4. Re:Doesn't matter by Lonath · · Score: 4, Funny

      I invision that building being a bunch of yes men and raid attack lawers who have the combigned morals of Stalin, Goering, and Ghengis Kahn all rolled up into one.

      Finally. I invoke Godwin's Law. Now we can dispense with the SCO stories since no useful further debate is possible.

    5. Re:Doesn't matter by Agent+R · · Score: 3, Funny

      SCO: "Well, this sort of looks like our code.. Well, *technically* it's from SGI.. but 'SGI' is almost spelled like 'SCO' so we can call it ours by (open) proxy."

      --
      !@#$% whole-grain cereal. When I want fiber, I eat some wicker furniture. - G. Carlin
    6. Re:Doesn't matter by morleron · · Score: 1

      Actually, it's the company that they keep. A lot of folks think that SCO is just acting as a stalking horse for Microsoft in this fight against the GPL. That being so I wouldn't expect that SCO would know where any of its Unix code came from. After all, when MS released a version of Internet Exploiter for Unix some years back their web-site declared "Microsoft makes the Internet available to Unix users!" What we have here is a case of two companies neither of which knows a thing about history. I expect to see claims that SCO invented the "bit" any day now.

      Just my $.02,
      Ron

      --
      Impeach Barack Obama for violating the Constitutional requirement to be a "natural born" citizen to hold the office of P
  2. The Oracle Speaks (fp?) by pr0ntab · · Score: 4, Insightful

    SCO needs an Eric or a Bruce and they can't get one.


    Mr. Nauvek isn't kidding,
    SCO's press releases are just echoing back what Perens, or what that Groklaw guys say in
    twisted words.
    Let's just not talk about SCO anymore. We're just giving them ideas for press releases that pump up their stock price.

    --
    Fuck Beta. Fuck Dice
    1. Re:The Oracle Speaks (fp?) by WCMI92 · · Score: 4, Insightful

      SCO just cares about punping it's stock, which execs continue to sell...

      Considering that SCOX was a penny stock before this lawsuit... Well, do the math.

      SCO has no care about winning their suit. A weakness of the US legal system is they can make their claims based on the virtue that they HAVE sued.

      Unless the trial judge is Lewis Kaplan of DECSS fame, I can't see SCO winning.

      --
      Corporatism != Free Market
    2. Re:The Oracle Speaks (fp?) by Jhon · · Score: 2, Funny
      SCO needs an Eric or a Bruce and they can't get one.
      They may be short of Erics and Bruces, but they sure have a lot of Gumbys.
    3. Re:The Oracle Speaks (fp?) by Anonymous Coward · · Score: 0

      My brain hurts!

    4. Re:The Oracle Speaks (fp?) by yourruinreverse · · Score: 1

      The latest I've read about it says SCO still has a Ransom Love working for them. Where's this charismatic, open source loving creature gone. Has he been ransomed?

      --
      JeR
    5. Re:The Oracle Speaks (fp?) by Flopper · · Score: 1

      SCO just wants to get buyed in my opinion.
      But even the other companies think that SCO is sick and so they don't buy it to stop these kiddies ;o)

      Is following the law IBM allowed to buy SCO while this lawsuit is pending?

    6. Re:The Oracle Speaks (fp?) by vsprintf · · Score: 1

      Unless the trial judge is Lewis Kaplan of DECSS fame, I can't see SCO winning.

      IIRC, SCO has asked for a jury trial. And you can bet they will do all they can to empanel a jury that knows nothing about computers.

    7. Re:The Oracle Speaks (fp?) by mark_lybarger · · Score: 1

      um, it's very very common to ask for a jury trial up front to buy time. later you can waive your right to a jury trial, but asking for one initially will be certain that things don't move along swiftly.

    8. Re:The Oracle Speaks (fp?) by WCMI92 · · Score: 1

      Jury trials are also fairly common in tort cases as well.

      It's juries that award astronomical sums to people who spill coffe on themselves, or who continued to smoke 40 years after the surgeon general's warning started appearing on cigarettes...

      --
      Corporatism != Free Market
    9. Re:The Oracle Speaks (fp?) by WCMI92 · · Score: 1

      The only company I can see who would gain anything from buying SCO would be Microsoft.

      I think SCO is going to go down the tubes BEFORE this thing ever gets to trial, without serious cash injections, considering it no longer really produces any product (except lawsuits).

      SCO has set themselves up to BE SUED, and you don't get defense attorneys on contingency... They will either go bankrupt defending themselves (since they don't have a revenue stream except blackmail), or else lose tons of cases by default.

      If SCO's claims were legit, the SMART thing would have been to shut their yappers, GO FORWARD with the IBM suit, and THEN make their other claims as a result of their win there. If they did this, they'd not have opened themselves up to literally HUNDREDS OF THOUSANDS of potential lawsuits that could force their hand BEFORE the IBM suit goes to trial...

      But SCO's purpose isn't to be quiet, or to win this case...

      Their very actions bespeak of this. They have no claims. Certainly not the type they keep making. They will NOT win. They are simply being paid (Microsoft and Sun) to damage the credibility of Linux, and to make as MUCH noise as possible so they can pump and dump their own stock.

      So, they will yell as loudly as they can, until they run out of money.

      --
      Corporatism != Free Market
    10. Re:The Oracle Speaks (fp?) by Pseudonym · · Score: 1

      I would sue people who stand in water!

      Ooooooh!

      --
      sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
  3. Now... by stevezero · · Score: 5, Insightful

    Now might be a good time to short that SCO stock

    1. Re:Now... by ari_j · · Score: 4, Insightful

      Every day is a good day to short SCO stock.

    2. Re:Now... by Unoriginal+Nick · · Score: 5, Funny

      Now might be a good time to not take investmest advice from a stranger on a website.

    3. Re:Now... by RevSmiley · · Score: 1

      No now would be a wonderful time to short SCO's management at the knees. This is whole SCO induced farce well past an outrage.

      --
      As you can see I don't care about my karma.
    4. Re:Now... by PetWolverine · · Score: 1

      Great. Now, which stranger's advice do I take?

      I think I'll take the grandparent poster's suggestion, and discard that of the parent poster. That way, there's no contradiction.

      --
      I found the meaning of life the other day, but I had write-only access.
    5. Re:Now... by dracocat · · Score: 1

      I shorted SCOX 3 months ago you insensitive clod!

    6. Re:Now... by pergamon · · Score: 1

      Hey, you got that fortune too? I thought that cookie's advice was meant just for me!

    7. Re:Now... by tychay · · Score: 1

      Well there is a danger. If short interest is too high, then that will make SCOX bullish because any uptick will cause a lot of people to move to cover their shorts causing it to go up more.

      In any case: You can see that short interest has been steadily increasing but since trading volume is high it's still easy to cover the short.

      However finding a broker willing to allow you to short SCOX may not be such an easy task.

    8. Re:Now... by Rock+Ridge · · Score: 1

      It's hard to short SCO now, because not too many institutions hold it long. When institutions hold a stock long, they often make shares available to brokers to borrow, so the brokers' customers can short them.

    9. Re:Now... by Pharmboy · · Score: 1

      Now might be a good time to not take investmest advice from a stranger on a website.

      Thanks for the advice....wait a minute...so now am I *supposed* to take your advice or not?!?

      Now I'm in a paradox. In order to NOT take your advice, I must go take someone elses. Unfortunately, the next post says to buy and hold SCO stock.....

      --
      Tequila: It's not just for breakfast anymore!
  4. No Idea by snipingkills · · Score: 5, Insightful

    So now they admit that they had no idea about the validity of their own claims. Why is this not surpising?

    1. Re:No Idea by FrozenDownload · · Score: 5, Insightful

      So now they admit that they had no idea about the validity of their own claims. Why is this not surpising?

      As far as I could tell after reading the whole article, they did not actually admit anything. The writer of the article is just coming to that conclusion via other evidence.

    2. Re:No Idea by FrozenDownload · · Score: 2, Interesting

      damn preview, i meant they did not actually admit anything as far as validity of their ip claims. Just history.

    3. Re:No Idea by ppanon · · Score: 3, Insightful

      If they can't show the source of the code snippets - the history - then they can't prove the direction of code copying. It could as easily have been SCO that copied from Linux, or from another common source such as BSD or (in this case) SGI. SCO should be able to use a code version repository to track checkins and changes and compare them to equivalent dates in the Linux CVS to show the snippets came from SCO. If they can't do that, then the judge should summarily dismiss the case.

      I'm not sure how McBride and co. hope to keep their ill-gotten gains after the shareholder lawsuit that's bound to arise from this. Maybe they're shuffling the money into numbered offshore accounts. I suppose it's expecting too much to imagine reprisals from the SEC or criminal fraud charges, given how Enron, Worldcom, et al turned out. <sarcasm>Yep, the potential for false reporting and stock market manipulation has really decreased and a return of investor confidence will happen real soon now.</sarcasm>

      --
      Laissez lire, et laissez danser; ces deux amusements ne feront jamais de mal au monde. - Voltaire
    4. Re:No Idea by Anonymous Coward · · Score: 2, Insightful

      That they didn't know that SGI submitted the code in question doesn't change the fact that the code was in the kernel. Now if we for the moment assume that SCO does own the rights to that code, does it matter where the code came from? It's there, in the kernel, pay for it. The author of the linked article goes from A to Z without even slowing down at any of the letters inbetween. Also that part about no SCO employee knowing the history of Unix - how does he know that? Has he interviewed all SCO employees?

      Don't get me wrong, I think this whole case is as fucked up as the rest of you, I just expect a bit more objectivity if I'm to take something seriously. But maybe a site called "linuxworld.com" is the wrong place for that (same goes for Slashdot).

    5. Re:No Idea by mm0mm · · Score: 1

      Why is this not surpising?

      This is not so surprising at all since their claims are all baseless from the beginning, but filing $3B lawsuit against someone WITHOUT solid evidence and/or enough research will probably strengthen IBM's counterclaim against SCO of damaging IBM's business with false claims.

      Linux/SysV != Microsoft/Dr DOS

    6. Re:No Idea by ppanon · · Score: 1

      That they didn't know that SGI submitted the code in question doesn't change the fact that the code was in the kernel.

      It does change its relevance to a lawsuit that claims IBM introduced code in violation of its contracts with SCO. If SCO didn't verify the origin of the code in Linux, then it's also unlikely that they verified which O/S had the code first. It looks like they did a pattern match and assumed any positives were copied by IBM from SCO to Linux. The AT&T/BSD lawsuit gives ample precedent that such an assumption is erroneous. Unless SCO can do better on some other code snippets, it seriously damages the credibility of their claims.

      --
      Laissez lire, et laissez danser; ces deux amusements ne feront jamais de mal au monde. - Voltaire
    7. Re:No Idea by Waffle+Iron · · Score: 1
      Now if we for the moment assume that SCO does own the rights to that code, does it matter where the code came from?

      That's begging the question. What was being discussed is the possibility that SCO doesn't own the code because of where it came from.

  5. Summary of SCO IP claims by Empiric · · Score: 5, Funny

    "So, you see... we're associated with a Unix, and, you're associated with a Unix... well, you're financial obligations here should be obvious."

    --
    ~ Whence do you come, slayer of men, or where are you going, conqueror of space?
    1. Re:Summary of SCO IP claims by zsau · · Score: 1

      Sudgestion too mod's: before ewe mod people up as funny, make shore they've learn't two spell punctuate.

      --
      Look out!
    2. Re:Summary of SCO IP claims by damiam · · Score: 1

      Why? If it's funny, it's funny, regardless of whether there's a minor spelling/grammar error.

      --
      It's hard to be religious when certain people are never incinerated by bolts of lightning.
    3. Re:Summary of SCO IP claims by Empiric · · Score: 1

      Thanks. I was thinking of claiming it was a deliberate attempt to make the reader consider the implications of "your" (possessive) versus "you are", in this context of intellectual "property", but, nah...

      --
      ~ Whence do you come, slayer of men, or where are you going, conqueror of space?
  6. What threw me by Anonymous Coward · · Score: 5, Insightful
    1. SCO shows code snippets to stockholders and says "here are infringing code snippets"
    2. People actually look at code snippets, point out they are non-infringing
    3. SCO says "Well, THAT was not an example of an INFRINGING code snippet. It was just an example of a code snippet. We haven't shown you the REAL infringing code snippets yet, but they're doozies."
    4. There are no ill effects to SCO whatsoever from the fact they showed non-infringing code snippets to their investors and to the press and presented them as infringing code snippets whatsoever, SCOs investors remain unaware of this, and little to no-one in the "mainstream" (non-geek) press covers this.
    WTF????
    1. Re:What threw me by rjch · · Score: 4, Interesting
      WTF????
      Short version, this fits in to the context that all too many companies do nowadays. Certainly here in .au, I've heard the criticism of the major investment houses not thinking through the issues before voting (or proxying their votes) at a shareholders meeting. The large trading houses are not thinking in terms of "is this good for the company?", they're taking only the most cursory looks at the issue and trusting what the board tells them.
    2. Re:What threw me by Negative+Response · · Score: 1
      Sorry to be a dick, but it actually fits well:

      5. PROFIT!!!

    3. Re:What threw me by dosius · · Score: 1

      5. Stock prices go up
      6. SCOrdure execs sell off
      7. ???
      8. Profit!!!

      Oh, sorry, but someone had to say it... ;) After all, this does appear to be the case from my own observations.

      -uso.

      --
      What you hear in the ear, preach from the rooftop Matthew 10.27b
    4. Re:What threw me by RoLi · · Score: 1
      Exactly my thoughts. In my opinion, it's just a matter of time when the SCO stock-bubble will burst.

      I guess that most investors just gamble.

    5. Re:What threw me by Anonymous Coward · · Score: 0
    6. Re:What threw me by Daniel+Phillips · · Score: 1

      There are no ill effects to SCO whatsoever from the fact they showed non-infringing code snippets to their investors and to the press and presented them as infringing code snippets whatsoever, SCOs investors remain unaware of this, and little to no-one in the "mainstream" (non-geek) press covers this.

      It's commonly thought that the only reason SCOX stock is rising is because somebody with deep pockets is manipulating it.

      --
      Have you got your LWN subscription yet?
    7. Re:What threw me by netsharc · · Score: 1

      9. Some fed folks carry out investigation, and dump them in prison!!! (wishful thinking)

      Come to think of it, I wonder what sort of press release they'll be having when they declare bankcruptcy? They'll probably say stupid Linux stole their IP and made them go bust. I look forward to Linus saying, "have a nice death" or something politically inccorect. Although, the execs will certainly be having it nice, if they get away with it.

      --
      What time is it/will be over there? Check with my iPhone app!
    8. Re:What threw me by Anonymous Coward · · Score: 0

      5. Stock prices go up
      6. SCOrdure execs sell off
      7. Profit!!!
      8. Go to jail. Go directly to jail. Do not pass go, do not collect $200.

    9. Re: What threw me by Black+Parrot · · Score: 1


      4.b SCOX share prices jump all the way up to 18 after accidentally tipping their hand...

      What is wrong with this picture?

      --
      Sheesh, evil *and* a jerk. -- Jade
    10. Re:What threw me by cybercuzco · · Score: 1

      To Quote homer simpson: " When will people learn? Democracy doesnt work!"

      --

    11. Re:What threw me by HiThere · · Score: 1

      To Quote homer simpson: " When will people learn? Democracy doesnt work!"

      And you propose instead???

      That's the problem. Democracy needs safeguards to prevent a brief popular maddness from throwing everything in the trash (or lynching someone who is just unpopular). And democracy needs safeguards to ensure that it isn't ruled by corruptors. Otherwise, I can't think of a better system. We should try it some time.

      Centralists voting their own benefits don't constitute a democracy. A representative democracy is a reasonable thing, but I'm not sure that voting is the correct way to select a valid sample. Randomized selection would be better. Voting too often turns into a mere popularity contest, with they guy who spends the most winning. (I.e., it tends to encourage ruling the state by brief popular fads that are artificially encouraged.)

      The problem with representative democracy as implemented is that the people being represented aren't the citizenry. They're the people (and organizations) that contribute money to the candidates. (Or just "do them favors", to get around campaign contribution laws.)

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
  7. Aristocracy needs no explanation. by Anonymous Coward · · Score: 0, Troll

    A lord has a complaint against a serf, who's to question the lord?

    We've a stock market symbol, a cadre of lawyers, who are these people to question the motives taken on behalf of the shareholders?

    Off with their fucking heads!

    1. Re:Aristocracy needs no explanation. by Anonymous Coward · · Score: 0
  8. In other news by RinzeWind · · Score: 5, Funny

    SCO claims Gibraltar.

    1. Re:In other news by MavEtJu · · Score: 4, Insightful

      I am more waiting for their Waterloo.

      --
      bash$ :(){ :|:&};:
    2. Re:In other news by u38cg · · Score: 1

      Actually, it's not that bad an analogy. Spain freely hands over Gibralter to the Brits; some years later they change their mind and demand it back. Britain implies that they can go play with themselves, and Spain attempts to take it back, and get sent packing back to Madrid. Meanwhile, the rest of the world didn't give a damn.

      --
      [FUCK BETA]
  9. Why not use linguists? by G3ckoG33k · · Score: 4, Interesting

    Why not use systematic biologist or linguists?

    The world is full of systematic biologists which uncover relationships (natural history) between organisms every day. The may use DNA, anatomy or even ethology. Why not have a group of them analysing the raw data. Their methods have now been adopted by several linguists.

    But, the linguists problems differ from that of most biologists, there is much infiltration of words from various languages into one language, therewith obscuring the true relationship between languages.

    Maybe these guys can use an "objective method" to deduce the origins of various code snippets.

    1. Re:Why not use linguists? by Anonymous Coward · · Score: 0
      I used to date a systematic biologist once.

      She was a good lay but not much fun to be around with.

    2. Re:Why not use linguists? by G3ckoG33k · · Score: 4, Funny

      Had you been a cunning linguist, she may had.

    3. Re:Why not use linguists? by Anonymous Coward · · Score: 0

      I was. It just didn't work outside the bed. Living, that is - not being a cunning linguist.

    4. Re:Why not use linguists? by itsnotatuumah · · Score: 1

      Actually the relevant discipline here is philology, worked out by the scholars of Ancient Alexandria in the third century BC or so to clear out the crap from the manuscripts of Homer (the bigger the ms, the better the price, so people had an incentive to pump them up), much later adapted by linguists to work out the relationship between languages. Perens and Raymond seem to know the relevant methods, wherever they may have picked them up from.

    5. Re:Why not use linguists? by dvdeug · · Score: 2, Insightful

      Why not use systematic biologist or linguists?

      If the problem were text comparison, I'd call for someone from the English department who makes critical editions, as it's the most similar to the human processes working on text, not independent words or natural forces working anything.

      But I don't think that's the problem. What they need is a computer science historian (aka a long-bearded Unix geek), and copies of every Unix source released. Given that, it shouldn't be hard to find all the copies of that malloc function, or the fact that the Berkeley Packet Filter was also showing up in BSD releases and originally came from Berkeley. But they don't seem to be bothering to do that kind of deep research.

    6. Re:Why not use linguists? by Rogerborg · · Score: 1

      Why not just ignore them? Until they disclose the infringing source, there's no case to answer.

      --
      If you were blocking sigs, you wouldn't have to read this.
    7. Re:Why not use linguists? by Tsu+Dho+Nimh · · Score: 1
      Software for this exists, and is used for tracing origin of old manuscripts. A variant is used to detect plagiarism.

      To run it, you load your known dated texts into the system, and start running the unknown ... it comes back with matches of a size set by the user, arranged by date, usually oldest first. YOU can set the similarity requirements, and have it ignore white spaces, etc.

      To run this on Linux and SCO, I would first run current Linux against all older "legal" external sources such as BSD, to identify code based on them. Yes, it might have been lifted straight from SCO, but if it has a possible legal source let's assume it is legal. Any unique sections remaining would be run against SCO's dated code, looking for matches where the Linux code was submitted AFTER the SCO code was written. This assumes they manage their code well enough to do this, and it might be necessary to take a third party's archive copy of the code to get a known date to work with. Some of this code would probably be the code they are suing IBM about - that's between them and IBM, and until that suit is settled, it's Linux code.

      Then I would do the same with the SCO code, running it as the "unknown" against the known public examples, including the Linux source with its dates, looking

      Last step: manually check all the matches for proper attribution of its ancestry ... this could be very embarrassing to many people.

    8. Re:Why not use linguists? by Anonymous Coward · · Score: 0
      there is much infiltration of words from various languages into one language, therewith obscuring the true relationship between languages.



      Uh, the infiltration of words IS the relationship between languages. And this infiltration occurs when an army conquers another country. Of course, that would be the study of history, a subject outside the scope of a linguist.


      Moderators on crack, again.

    9. Re:Why not use linguists? by MuParadigm · · Score: 1


      They don't really need copies of every Unix source ever released. BSD circa '93, current BSD, and the "ancient Unixes" opened sourced by Caldera a couple years ago should be sufficient. Anything that didn't come from one of those sources is probably a special case that can be reseached and argued over later.

      Throw in Linux kernel 2.2 if you're not concerned that SCO will change its mind about 2.2's "purity" later, but it's probably not necessary.

    10. Re:Why not use linguists? by Anonymous Coward · · Score: 0

      Raymond's got a degree in linguistics or philology or something like that (he's proud to have no official education in CS). No idea about Perens.

    11. Re:Why not use linguists? by Doomdark · · Score: 1
      Why not use systematic biologist or linguists?

      Because they would be same kind of amateurs as SCO "experts" probably are. The problem is to figure out where piece of source code came from. Source code is written in programming languages, NOT natural languages (where linguists might help); and source code is not a living organism (where biologists might help). There isn't much common ground there, that's why. And finally, assuming this is just raw data comparison implies not really understanding software development very well (incidentally this also relates SCO and methods it seems to have used, raw string similarity comparisons).

      Essentially, using biologists or linguists wouldn't be much better than using astrologists or ventriloquists to figure out the relevant relationships.

      --
      I like paying taxes. With them I buy civilization -- Oliver Wendell Holmes
  10. There may be some good countersuits soon by kaltkalt · · Score: 5, Interesting

    It's clear that SCO has filed its suit against IBM with absolutely no chance of winning (much like the fox news vs al franken "fair and balanced" suit). Not only has SCO filed a frivilous suit (a civil cause of action to do so) but has made baseless threats causing undue emotional distress to many users of Linux. Once SCO's suit is dismissed, look for some really nice lawsuits right back at 'em from many different parties. Should make for good popcorn munching entertainment. If it were me, I would sue Darly McB individually, in his personal capacity, as well as SCO.

    --

    Stupid people make stupid things profitable.
    1. Re:There may be some good countersuits soon by Anonymous Coward · · Score: 0

      If it were me, I would sue Darly McB individually, in his personal capacity, as well as SCO.

      Well it is you, and you're not gonna... so yeah. Who cares about this crap anyway.

    2. Re:There may be some good countersuits soon by kaltkalt · · Score: 1

      I have not been threatened by SCO. So no, it is not. Were I to bring a suit against them, I would not have standing.

      --

      Stupid people make stupid things profitable.
    3. Re:There may be some good countersuits soon by bobintetley · · Score: 1

      ...suit against IBM

      Speaking of which, when reading IBM's subpoena, was anyone else reminded of that scene from "Airheads", like IBM were going "what other crazy crap can we ask for? A giant baby bottle, nude photos of Bea Arthur..."

    4. Re:There may be some good countersuits soon by platypus · · Score: 3, Interesting

      About that subpoena, I really think people don't get the importance of that. AFAIK, it was never reported here on slashdot, and I didn't see a lot about it elsewhere.
      But the content and adressee (Canopy, not SCO) really are the only sign what IBM seems to be up to. And I interpret it as they are going to make it ugly - as ugly as they can.
      If I were someone at Canopy, I'd be very scared by the thought that this might be only the first manouver from IBM, and wonder what I'm in for next.
      The possibilites are endless, maybe Canopy's most important companies (besides SCO, lol) are in for some patent problem talks at some point in the future.

    5. Re:There may be some good countersuits soon by Rogerborg · · Score: 1

      Um, given that SCOX just keeps on rising, Darl is going to be cashed out and headed for the tree line with a metric assload of pointy hair idiots' money long before any of the suits reach court.

      --
      If you were blocking sigs, you wouldn't have to read this.
    6. Re:There may be some good countersuits soon by MuParadigm · · Score: 2, Informative


      Yes, IBM has made it clear with the Canopy subpoena that they intend to "pierce the corporate veil" between Canopy and SCO. Ralph Yarrow may want to take the precaution of deeding his house over to a trusted family member, just to make sure he'll have a place to live when this is all over.

    7. Re:There may be some good countersuits soon by Anonymous Coward · · Score: 0

      SCO is broke, Canopy is where the money is...

    8. Re:There may be some good countersuits soon by llywrch · · Score: 1

      > If it were me, I would sue Darly McB individually, in his personal capacity, as well as SCO.

      IANAL, but from reading some threads in another forum about suing a CEO, let me point out the following facts:

      * Most corporations carry liability insurance for their executives, which cover their legal fees & awards up to a certain amount, say $5 million.
      * I'm sure some ``hot-shot'' legal firm will sue McBride at the end of this affair anyway, rerpresenting a class-action lawsuit, looking for a chunk of that liability insurance. Expect them to settle for their costs & a coupon for everyone good for $25 towards your next purchase of SCO UNIX.

      It would be fair nicer if a class-action suit went against MacBride & his cronies, & used the proceeds to benefit everyone in the Open Source/FSF community: say a donation to the OSDL, Linux Fund, FSF, or a combination of these. But I doubt the landsharks who will appear would think of something this useful.

      Geoff

      --
      I think I see a trend here. Maybe for them it really would be easier to muzzle the entire internet than to produce p
  11. Everyone is a Hypocrite (Torvalds, SCO, Slashdot) by Pavan_Gupta · · Score: 0, Interesting

    I don't think there is one person out there who believes that SCO is entirely telling the truth. In fact, I'm sure SCO would be hardpressed to admit that they're telling the whole truth, and nothing but the truth -- but on some level that's just how corporate America works. Yet, my point isn't about how SCO is the worst scum to hit the news since Bush was elected -- I'm trying to point out that the open source community is largely responsible for the snowball affect that this overhyped SCO story has receieved.

    I've been quietly reviewing the various components of this story as they arise (especially since Slashdot is following it so closely), and I remember vividly reading Torvalds resposne to SCO's open letter, which seems so very odd. SCO is giving the open source community a look at the problems in the code, and if SCO is telling the truth, they have every right to expect some level of damages. It's hard for the people that leech off the hard work of others to understand that it does cost money to make things (music, linux, etc.) I believe that Torvalds, Lessig, and others are just out there trying to fight to make GNU-moral-efficacy more of a real thing, but frankly, the time has come to actually step up and figure out what's going on.

    We're hypocrites to believe that SCO is the only reason this question continues to be in the news. SCO is garbage now, but why do we have to taint the good will of our open source community by making them look like they want to prolong this idiotic fight.

    I'm just searching for an end to this BORING battle.

  12. Re:kill mcbride by Anonymous Coward · · Score: 0

    Mod this garbage down.

    I can't believe this shit got a +1 Insightful. Revenge? SCO may be the armpit of the asshole, but a +1 insightful for saying "let's go out and kill someone as blah blah blah..."

  13. Bit full of ourselves aren't we? by 91degrees · · Score: 5, Insightful

    So, for all purposes, it's safe to say SCO and its crack legal team just can't do the deeper historical analysis needed here. Would a junior programmer be able to produce the findings that the open source community can? No way. Such an individual simply would not have the depth of historical knowledge to know where to look.

    This is a rather daft assumption. The junior programmer doesn't need to know the history of the code. Simply that the code is the same. Then all he needs to do is compare it with BSD and any other publically available kernels to eliminate any that may have had a common ancestry. The rest of the work could be left to someone who's good at researching in books,

    And there's no reason that SCO couldn't hire someone with "depth of historical knowledge to know where to look". Bruce Perens and Eric Raymond aren't the only people with this knowledge. We don't know what SCO are doing, or what they're planning. Their public statements may be misleading simply because they don't want to show their hand. The code they did show may have been a gamble that didn't pay off. There may still be many lines of code that were stolen from SCO Unix.

    1. Re:Bit full of ourselves aren't we? by BurritoWarrior · · Score: 1

      The code they did show may have been a gamble that didn't pay off. There may still be many lines of code that were stolen from SCO Unix.

      There may also be:

      1. My butt
      2. Pigs
      3. Pigs that fly out of my butt

      SCO's claims fall under #3.

    2. Re:Bit full of ourselves aren't we? by rhysweatherley · · Score: 3, Insightful
      And there's no reason that SCO couldn't hire someone with "depth of historical knowledge to know where to look". Bruce Perens and Eric Raymond aren't the only people with this knowledge.
      You're assuming of course that any of the Unix old hands with the necessary knowlege would want to have anything to do with such a task. As Eric Raymond put it in the OSI's position paper:

      Thus, the community of Unix hackers that had grown up around the pre-commercial releases never lost the conviction that, ethically, the Unix code belonged to them -- the people who had the ideas and wrote the code -- regardless of what the legal paperwork said.
      That's the core issue here - no one who believes in Unix, by the community, for the community, would have anything to do with SCO's shenanigans. Which leaves SCO relying upon non-existent MIT mathematicians, junior programmers, and law clerks to troll the source code looking for things that aren't actually there.
    3. Re:Bit full of ourselves aren't we? by Anonymous Coward · · Score: 0

      I've heard of gerbils, but this sounds like a whole new experience!

    4. Re:Bit full of ourselves aren't we? by Rogerborg · · Score: 4, Informative

      >There may still be many lines of code that were stolen from SCO Unix.

      For the zillionth but I'm sure not the last time, according to the US Supreme Court, copyright infringement is not theft.

      --
      If you were blocking sigs, you wouldn't have to read this.
    5. Re:Bit full of ourselves aren't we? by 91degrees · · Score: 1

      Who said anything about copyright infringement? The charge is unlawful distribution of trade secrets. If they are right then they were stolen since they were removed from SCO without their permission, and SCO is now deprived of some secrets (insofar as they are no longer secret).

    6. Re:Bit full of ourselves aren't we? by MAurelius · · Score: 1
      As the Article implies, the Junior Programmer would have to know:

      1. What are the other public kernels

      2. Where are they

      3. The history of interaction between Caldera, SCO and each of the other public kernels.

      Then all he needs to do is compare it with BSD and any other publically available kernels to eliminate any that may have had a common ancestry.

      That last part is where the detailed knowledge of the history of Linux comes in. So in effect, you are agreeing, even though you state otherwise. I'd check your personal "Daft-o-Meter". Seems to be pegged all the way over.

    7. Re:Bit full of ourselves aren't we? by 91degrees · · Score: 1

      As the Article implies, the Junior Programmer would have to know:

      1. What are the other public kernels

      Yes. It's not exactly rocket science to work out what kernels have publicly available source.

      Where are they

      He doesn't need to know this. SCO has lots of employees. This is a job for the legal team. It's called research.

      The history of interaction between Caldera, SCO and each of the other public kernels.

      Why does he need to know this? His role is simply to determine of the code snippets match. He submits a report to his bosses. This gets forwarded to the legal team, who search through their archives to determine if said code originated at SCO, what court cases and contracts may have given full distribution rights to other organisations, and possible paths that it could have got into the Linux kernel.

    8. Re:Bit full of ourselves aren't we? by MuParadigm · · Score: 1

      Yep. Let's all try to keep in mind that SCO has not filed *one* copyright claim yet. They keep talking about copyright in the press, but not in *court*. Not yet, anyway. We'll see what happens when they respond to Red Hat's claim and IBM's counter-claim at the end of the month.

      The biggest obstacle to SCO charging copyright infringement in court, is that they must be aware of the preliminary ruling in the ATT-BSD case. The judge told ATT that they were unlikely to be able to defend their copyrights in court. And you know what happens to copyrights you can't defend? Do not pass Go, do not collect $200, go directly to public domain.

    9. Re:Bit full of ourselves aren't we? by smallpaul · · Score: 1

      "Ops.. pagina inesistente'

    10. Re:Bit full of ourselves aren't we? by HiThere · · Score: 1

      Yes. Those are, indeed, possibilities. But the percentage of lies in their public statements is so high that I refuse to take anything they say as more likely than chance, unless I am offered proof.

      They may, indeed, find some benefit from that. That I don't see the benefit doesn't mean that it isn't there. (That's why I don't immediately decide that what they claim is less than chance likely. I don't want them manipulating my opinions.)

      To allow SCO to sway your opinions, in either the pro or anti direction, is to be subject to having your beliefs manipulated by them. This is somewhat mitigated because the public statements are made to an unselected audience, and thus can be assumed to be attempts to sway people to believing in conformance with their statements. But such an assumption doesn't imply anything about the truth value of the statements.

      So my general intention is to suspend disbelief. Think of it as a rather lousy sci-fi story. You don't let the contents of the story effect your beliefs about reality.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    11. Re:Bit full of ourselves aren't we? by Rogerborg · · Score: 2, Informative

      Oops, working link. Well, working at the time of posting. ;-)

      --
      If you were blocking sigs, you wouldn't have to read this.
    12. Re:Bit full of ourselves aren't we? by Rogerborg · · Score: 1

      >Who said anything about copyright infringement? The charge is unlawful distribution of trade secrets.

      Sure, one of the six charges filed against IBM is. The contracts themselves are implicit on SCO having sole and exclusive rights to the contested code though. If it wasn't theirs to license, then what are they claiming damages (a billion dollars, three times) for?

      Further, what are they threatening linux users with? "We have identified numerous files of unlicensed UNIX System V code and UNIX System V derivative code in the Linux 2.4 and 2.5 kernels," says Chris Sontag, senior vice president and general manager of SCOsource, the intellectual property licensing division of SCO. "We believe it is necessary for Linux customers to properly license SCO's IP if they are running Linux 2.4 kernel and later versions for commercial purposes."

      Now, he doesn't actually say that the license is for the code, just for "IP" (interesting, that) but he calls the code "unlicensed", so it's pretty hard not to infer that. We'd really need to see the terms of this mysterious license to see what they're actually trying to sell.

      --
      If you were blocking sigs, you wouldn't have to read this.
    13. Re:Bit full of ourselves aren't we? by Anonymous Coward · · Score: 1, Insightful

      Take off your Slashdot-colored glasses and have a look at Sun.

      Sun has plenty of people who know plenty about Unix history. Sun has been actively hostile to Linux lately. And, oh yeah, there's that pesky money trail: Sun bought a SCO Source license in February 2003. And Sun also took an equity position inSCO.

      If SCO needs Unix history advice, they can get plenty of it from the greybeards at Sun.

    14. Re:Bit full of ourselves aren't we? by blang · · Score: 1

      this is a rather daft assumption.

      And you're a daft boy (Sorry "Are you being served?") . SCO had been showing these 2 code snippets under NDA for 6 months, and even managed to hire Boies & co based on them. It is publicly verified and proven by a string of press releases and industry analyst commentators that SCO claimed these snippets as infringing code. An assertion that could only be made if they thought similart code equalled infringement. Only after their snippets were analyzed by outsiders (in less than 24 hours) was the true provenance revealed. SCO had not managed that task in 6+ months.

      Simple math then, shows that the open source community analysis is at least 180 times more efficient, and 100
      % more accurate than SCO. SCO has an impossible game of catch-up on their hands. SCO is the naked emperor who desperately needs to hire a tailor, after having mortally insulted all tailors.

      So, don't go around calling this reporter daft before you check your own assertions for daftness.

      --
      -- Another senseless waste of fine bytes.
    15. Re:Bit full of ourselves aren't we? by 91degrees · · Score: 1

      Just because it leads to a valid conclusion does not make the assumption valid. SCO are quite capable of determining the full history of every line of code in their kernel, and probably every line in the Linux kernel.

      Apparently they are not doing this, and we can only guess at the rasons why, but it's daft to assume that they are unable.

  14. Do we really know? by abertoll · · Score: 4, Insightful

    Do we really know how likely SCO's claims are to be true? Personally, I think that the Linux community is pretty proud of having "done it themselves" and doesn't want to use SCO's code at all. In fact, it's a very bad thing for the GPL if people put code under the GPL illegally.

    The only way people will trust open source is to trust the open source developers. As more and more people are warming up to the idea that "free software isn't junk" the last thing needed is for consumers and companies to think that it was all done using someone else's code.

    --
    "he drew his sword Ringil that glittered like ice... and he wounded Morgoth with seven wounds..."
    1. Re:Do we really know? by Anonymous Coward · · Score: 0

      In fact, it's a very bad thing for the GPL if people put code under the GPL illegally.


      While it's all business practice to put GPL'd code in commercial, closed-source software ?

      I personnally have much more confidence in OpenSource developpers, since they publish their code source for anyone to point at and say "hey, I wrote this!", while there's no such possibility with closed-source software.

      If it is a trust issue, then transparency is welcome.

    2. Re: Do we really know? by upmufa · · Score: 1

      In academia there is a process of peer review that keeps published works from lying about what they've done. It seems to me that open source software has the same feature. Since all the code is in the open it'd be hard to put illegal code in because it can be traced. It is in the closed-source market that you have the possibility to steal code because you simply don't let anybody look at the skeletons in your closet.

  15. Surprise by WhaDaYaKnow · · Score: 1, Funny

    A story in linuxworld reports that SCO itself has no idea what the history of a particular snippet of code might be

    You have GOT to be shitting me.

  16. WTF? Moderators..? by Anonymous Coward · · Score: 5, Informative

    First off, you fail to explain or indicate why you think Linus Tourvalds is being hypocritical.

    SCO is giving the open source community a look at the problems in the code

    This is a flat-out lie.

    the time has come to actually step up and figure out what's going on.

    "The open source community" has TRIED, time and time again, to figure out what is going on. SCO will not *tell* anyone. The Linux developers community WANTS to have the copyright issues resolved. However, they cannot read SCO's mind! There is a clear and documented method of dealing with copyright infringements in the linux kernel; the time and source of all contributions is logged, and if at any point someone identifies infringing code it can be noted as such and removed. HOWEVER: The linux community cannot remove SCO's code unless they know what it is!!! SCO ardently refuses to give any indication what this mystery code is.

    The fact they seem intent on preventing the linux developers from gaining the information of what to remove to fix the infringement has led some to believe this code does not exist.

    the people that leech off the hard work of others

    Who do you refer to here?

    1. Re:WTF? Moderators..? by Anonymous Coward · · Score: 0
      the time and source of all contributions is logged, and if at any point someone identifies infringing code it can be noted as such and removed. HOWEVER: The linux community cannot remove SCO's code unless they know what it is!!!

      But how can you have "the time and source of all contributions logged" and at the same time claim that you do not know if there is infringing code?!

      A-ha!

    2. Re:WTF? Moderators..? by Anonymous Coward · · Score: 0

      Huh?

      But how can you have "the time and source of all contributions logged" and at the same time claim that you do not know if there is infringing code?!

      If there is infringing code in linux, it is because someone donated it to linux and passed it off as their own work. If the linux community has tainted code it is becuase and only becuase they were lied to. I do not see at all how people have problems grasping this concept.

      The use of the time and source of all contributions is that allegedly infringing code can be checked for source. If the source was an SCO employee or SCO code licensee, it becomes likely the code was stolen; even if not, investigation can be made. However, if someone sends in code they claim to have written to the linux kernel, there is NOT any way for the linux contributors to tell whether this person is telling the truth or not. Again: they can't read minds.

    3. Re:WTF? Moderators..? by Anonymous Coward · · Score: 0

      "The open source community" has TRIED, time and time again, to figure out what is going on. SCO will not *tell* anyone. The Linux developers community WANTS to have the copyright issues resolved. However, they cannot read SCO's mind!

      Did you forget the SCO is allowing people to look at the code under a NDA? Don't go crying that the NDA is bad because no one else can know, it's just an appropriate way to keep SCO's claims in secret until the legal matters have been settled. It's far more effective if SCO's claims are revelead in court than if they're revealed on the linux developer's mailing list.

      the people that leech off the hard work ofothers

      I believe he was reffering to how people just expect SCO's claims to be false, without knowing anything about them, because they like the idea of not worrying about paying for things. If this is SCO's fault, than so be it, but still, how can people decide how meritorious SCO's claims are if they claim to have not seen them.

      The fact they seem intent on preventing the linux developers from gaining the information of what to remove to fix the infringement has led some to believe this code does not exist.

      I believe they are intent on preserving the problem for as long as possible, because they want to maximize gains on their lawsuits. Isn't that the purpose of corporate america? It's bad, but it's bussiness. Cry me a river if you don't like it.

    4. Re:WTF? Moderators..? by Anonymous Coward · · Score: 0

      Don't go crying that the NDA is bad because no one else can know, it's just an appropriate way to keep SCO's claims in secret until the legal matters have been settled

      Anyone who would claim this has not read the terms of SCO's NDA. First, The NDA would ban you from discussing, ever again, with anyone, the documents shown to you even if they turned out to be non-infringing. Second, SCO openly said that even under NDA, they would not show a totality of the infringing code, so the NDA would not help. Lastly, any allegations by SCO you had violated the NDA would require you to fly to Utah. Someone under this NDA would be hampered to the point where they would be (a) incapable of significantly investigating whether the code shown by SCO as allegedly infringing was, in fact, infringing (b) serverely hampered from working on the linux kernel in future.

      I believe he was reffering to how people just expect SCO's claims to be false, without knowing anything about them, because they like the idea of not worrying about paying for things

      I expect SCO's claims to be false because I believe in the principle that people accused of a crime, such as copyright infringement, are innocent until proven guilty. I will continue to consider SCO's claims to be utterly false, and refuse to accept the idea they could be true, until they show me one single shred of evidence that their claims are true. If they provide any evidence, any at all, I will *begin* to consider they are correct. However, with no evidence, I will refuse to consider the ideas that SCO's claims about infringing code in linux are true; that Elvis is alive; that John F. Kennedy was assasinated by the Mormons; that a race of superintelligent 40-foot rats live on the moon; or that the Timecube theory is true.

      Cry me a river if you don't like it.

      We are already following this exact plan. Have you not been reading slashdot?

    5. Re:WTF? Moderators..? by Anonymous Coward · · Score: 0
      Your arguments would only help SCO to make their point that businesses should not embrace open source: anyone can contribute to the source code and lay in legal landmines because there's no legal department to check and license 3rd party IP.

      Yes, yes. I know that finding infringing code becomes possible only if the code is public in the first place, but that's not how the suits will see it.

    6. Re:WTF? Moderators..? by abertoll · · Score: 2, Insightful

      EXACTLY. More to the point, in the traditional system, a company has a distinct motive for stealing code--to make more money/gain market share. While I'm not saying Linux doesn't make money, there are some differences behind the philosophies and how this works.

      With proprietary software, you don't see the code. If you steal code, you have a better chance of getting away with it AND you can be more competitive.

      With open source software everyone gets to see what you've done! That's the rule! There is more motive to create your own code or use other open sourced code under this system than taking it illegally. Doing so is more harmful than good.

      --
      "he drew his sword Ringil that glittered like ice... and he wounded Morgoth with seven wounds..."
    7. Re:WTF? Moderators..? by Anonymous Coward · · Score: 0
      If the linux community has tainted code it is becuase and only becuase they were lied to.

      Do you think a "they lied to us, your honor"-argument would fly in court? I think not. The real world does not work on honor and especially in business it's safe to assume that people will always lie if it is to their benefit.

      If you're intent on using 3rd party code, it's your responsibility to check that it's not infringing anybody else's rights. I would not buy such code for my company unless the 3rd party can provide evidence of their ownership over the code.

      To provide such an audit trail, it's better to keep all code locked up and only (cross)license its use with legally binding contracts.

    8. Re:WTF? Moderators..? by Anonymous Coward · · Score: 0

      Your arguments would only help GNU to make their point that businesses should not embrace closed source: any employee of propeitary software companies can contribute stolen code to the source code and lay in legal landmines because there's no public documentation of the code for either the actual owners of the code or the customers of the propeitary product to discover code has been infringed.

      Yes, yes. I know that finding infringing code in propeitary software only becomes possible if someone interested in pointing out the infringement has access to the code, but that's not going to matter to the law if by some chance an infringement is found.

    9. Re:WTF? Moderators..? by Anonymous Coward · · Score: 0

      Your arguments would only help SCO to make their point that businesses should not embrace open source: anyone can contribute to the source code and lay in legal landmines because there's no legal department to check and license 3rd party IP.

      So what you're saying is that someone would plant a illegal piece of code, sign their name to that illegal piece of code.. their ip, email address etc etc.. and then wait to be caught?

    10. Re:WTF? Moderators..? by Anonymous Coward · · Score: 0

      If you're intent on using 3rd party code, it's your responsibility to check that it's not infringing anybody else's rights

      How?

    11. Re:WTF? Moderators..? by Anonymous Coward · · Score: 0
      Legal contracts. They show you a legally binding, signed contract that says that they have bought the rights for the code and under what terms the code is licensed.

      No such system exists for open source because you cannot buy rights for open code. Hence, IP cannot be enforced properly.

    12. Re:WTF? Moderators..? by dipipanone · · Score: 2, Informative

      Don't go crying that the NDA is bad because no one else can know, it's just an appropriate way to keep SCO's claims in secret until the legal matters have been settled.

      In what possible universe is this appropriate? Firstly, given the fact that SCO's suit is one in which they are claiming their IP is breached, it would be impossible for open source developers to look at the code under an NDA without then laying themselves open to other similar suits from SCO. Therefore SCO know that no serious Open Source developer is going to take them up on this.

      I believe they are intent on preserving the problem for as long as possible, because they want to maximize gains on their lawsuits

      It doesn't work that way I'm happy to say. Damages are awarded on the basis of the financial consequences suffered. The plaintiff has an obligation to try and mitigate those losses, and in this case, that would include informing those people it believes are responsible (i.e. linux developers) of exactly which sections of code violate their copyright in order that they can do something about fixing it.

      Of course, the truth is that SCO can't do this because they don't actually have a lawsuit against any linux developers -- aside from IBM and their action against IBM is for breach of contract. They've made a lot of accusations, but from where I sit, those are just a lot of bluster being used as a misdirection to facilitate their shakedown.

      That may be your idea of business, but it's an extremely risky gamble when you're proposing to go up against Big Blue in court. Personally, I think Darl McBride's sphincter has gone into a spastic spasm since he realized that IBM are going to call his bluff. All SCO have left now is the stock price scam so why would he want it resolving any time soon?

    13. Re:WTF? Moderators..? by Anonymous Coward · · Score: 0
      So what you're saying is that someone would plant a illegal piece of code, sign their name to that illegal piece of code.. their ip, email address etc etc.. and then wait to be caught?

      No. There would be no illegal piece of code if all licenses for any 3rd party software are run through the legal department.

      In open source there is no such safeguard.

    14. Re:WTF? Moderators..? by Anonymous Coward · · Score: 1, Interesting

      If you're intent on using 3rd party code, it's your responsibility to check that it's not infringing anybody else's rights. I would not buy such code for my company unless the 3rd party can provide evidence of their ownership over the code.

      Microsoft Corporation sometimes uses code from the BSD operating system in their products. Under the terms of the BSD license, this is legal. However, the BSD operating systems are large-scale open source projects which many people have contributed to. This project does not have itemized, notarized documentation of the exact, definite author of every single line of code. Therefore, Microsoft cannot prove that the code in their operating system is legal to distribute.

      Would your company be willing to license code from Microsoft under their shared source program, knowing this?

    15. Re:WTF? Moderators..? by Anonymous Coward · · Score: 0

      Legal contracts. They show you a legally binding, signed contract that says that they have bought the rights for the code and under what terms the code is licensed.

      What happens if the linux project adopts this, but a person who donates code and signs the contract did not actually create the code they have claimed in the contract to have created? It seems to me this is still just as possible.

      Incidentally, code under the umbrella of the GNU project does in fact follow this exact strategy you suggest. The linux kernel does not, however, and it is the point of contention in this whole ... thing.

    16. Re:WTF? Moderators..? by Anonymous Coward · · Score: 0

      anyone can contribute to the source code and lay in legal landmines because there's no legal department to check and license 3rd party IP.

      How would any legal department do that? They wouldn't have access to the source code of the proprietary programs to check against. Even if they did they would be unlikely to know what they were doing. As a legal department they're more likely to know about law and stuff...

    17. Re:WTF? Moderators..? by pfdietz · · Score: 2, Informative
      Do you think a "they lied to us, your honor"-argument would fly in court? I think not.

      IANAL, but I understand that if someone distributes to you a copyrighted item with a false copyright notice, the law says this is protection against legal action until you are informed the copyright notice is false. In particular, the SGI copyright notice on that memory allocation routine would absolve others of blame for its past distribution, even if SCO did have the rights to that code.
    18. Re:WTF? Moderators..? by BoneFlower · · Score: 1

      Say I write an open source RaverOS. Integrated media player with a kick ass algorithm for trippy visuals that can induce the effects of any psychadelic just by watching it, without the dangerous effects of them.

      SCO, desperate for better drugs, integrates my code. But they don't show the source. Visual effects crews in various rave promotion companies embrace SCOs product. I go to a rave and see it, I say "hey cool, I wrote that!" they reply "Oh you work for SCO" "Umm... no, I don't" "Well I got this from them".

      With Open Source, companies legal departments actually have a chance to look through the source. Proprietary software, tehy don't have any chance at all to verify that all the code in there is properly licensed, they simply have to take the companies word on it. Same legal landmines as OSS, but harder to avoid stepping on them.

    19. Re:WTF? Moderators..? by BoneFlower · · Score: 1

      So, you use Windows. Windows is somehow found to have stolen malloc() from Linux.

      You trusted Microsoft to have legitimate code. Will your "they lied to us" help?

    20. Re:WTF? Moderators..? by WatchMaster · · Score: 1

      No, this isn't true at all. There is absolutely no reason to believe that closed source code does not contain any infringing technology.

      The difference in open source is that anyone can monitor the code to detect that it is happening.

      IP can be enforced just fine; there is a large body of case law around copyright enforcements (growing daily). The authors putatively own the copyright, and are can be individually liable if they have misrepresented the ownership.

      If I see that Joe Blow has posted *my* code to an open source project I can enforce the law against Joe in a well-tested legal pathway. However the first step is generally to tell Joe that he has infringed my code and demand that it be removed.

      As an end user of the "stolen" code I may be be obligated to remove it once I have been informed that it is infringing.

      Notice that never in SCO's blathering did they tell any user of any software which part of the code is infringing their rights; they cannot take action against me until they have notified me of the infringing code and I have refused to take action.

    21. Re:WTF? Moderators..? by Anonymous Coward · · Score: 0

      There would be no illegal piece of code if all licenses for any 3rd party software are run through the legal department.

      You're just too damn stupid for words.

      Here's a hint: THE LICENSE IS THE SAME FOR ALL CODE: _GPL_ .

      In open source there is no such safeguard.

      How is this any differen than the closed source world?

      If someone takes code that's not theirs, and puts it into a closed-source project, how would the legal department know that?

      Don't ever breed.

    22. Re:WTF? Moderators..? by Anonymous Coward · · Score: 0
      Your arguments would only help SCO to make their point that businesses should not embrace open source: anyone can contribute to the source code and lay in legal landmines because there's no legal department to check and license 3rd party IP.

      This is what SCO argues, except that their only "proof" came from copied material at SGI, and they are sueing IBM, not an open source kernel developper.

  17. Shorting stocks... by metatruk · · Score: 5, Informative

    Just in case someone doesn't understand this and wants to know more about what "shorting" a stock means:

    http://www.fool.com/FoolFAQ/FoolFAQ0033.htm

    1. Re: Shorting stocks... by Black+Parrot · · Score: 1


      > Just in case someone doesn't understand this and wants to know more about what "shorting" a stock means:

      It's kinda like shorting a sheet, except you do it with money.

      --
      Sheesh, evil *and* a jerk. -- Jade
  18. Hope and wishful thinking by iamacat · · Score: 1

    When I first read this, I thought they wish their code was good enough to copy. Or maybe its exactly what the author meant?

  19. History Repeated by trolman · · Score: 3, Insightful
    SCO should be afraid of identifying any more code because they would have no earthly idea what the history of the code might turn out to be. Court will be a nightmare of surprises for SCO - just like SCO Forum.

    This is a lawyer' dream retirement project...at least until SCO runs out of cash. Since this is a public company the Feds and State can get involved and end this non-sense er I mean string it out for years with no meaningful outcome.

    Those that do not learn from the past are doomed to repeat it.

  20. Logic... by leomekenkamp · · Score: 0, Troll

    "Well, at SCO Forum, there were some folks that came out and basically sniffed out some of the [disputed System V] code we were showing and [concluded] that it emanated from SGI." That this code "emanated" from SGI was news to SCO.

    I'm not trying to be a troll or anything, and I have this feeling that the SCO execs are full of it, but is this statement not a little bit thin to jump to the conclusion that SCO does not know the history of its own code? Could DMcB not intend to say with 'emanated' that that code emanated from SGI into the linux kernel? Then his statement would only involve linux history and SGI history, and not SCO's own.
    --
    Wenn ist das Nunstueck git und Slotermeyer? Ja! Beiherhund das Oder die Flipperwaldt gersput.
    1. Re:Logic... by MuParadigm · · Score: 3, Interesting

      I didn't want to say anything either, because the thesis of the story is right: SCO doesn't know the provenance of its code. They simply assume everything in System V and ever developed to work with System V is owned by them.

      However, SCO clearly knew that the malloc code snippet "emanated" from SGI, because SGI's copyrights were in it. SCO has been hinting at problems with SGI for months, so this isn't even really news. The story would have been better, and rested on a stronger foundation, had they used the BPF code to underlie their thesis. I think SCO was honestly shocked to find that the B in BPF stood for Berkely.

    2. Re:Logic... by dancing+blue · · Score: 1

      That depends on how good DMcB's english is. Saying it emanated from, I think, implies only discussion of it's point of origin. What he's saying is that this code snippet originated at SGI from whence he previously thought it came (somewhere SCO owns I presume). Thereby quite easily allowing the conclusion that SCO does not know the history of, at least, the snippet they put out as an example.

  21. Why not use BLAST? by TitaniumFox · · Score: 5, Interesting

    Hmm... I wonder if a modification of BLAST would work. It looks for DNA (or protein) sequence homology of a given sample vs. the genome of an organism or many organisms.

    It would be interesting to do something like take all the whitespace out from the source tree and tar all the files together and use it as a "genome" to BLAST snippits of (likewise "compressed") code snippits.

    Normal (DNA) BLAST results return with a similarity ratio and go on to show where they are/aren't homologous. I'm not sure how it would deal with expanding the relatively small nucleotide "alphabet" to that of source code.

    Hmmm..

    --
    -- I'd say your post was about 3 monkeys, 18 minutes.
    1. Re:Why not use BLAST? by TitaniumFox · · Score: 1

      Forgot to mention that it also identifies sequences in gapped situations. That is, it will find sequences like so:

      ABCDEFGHIJKLMNOP
      vs.
      ABCDEFG[200 non-matching]HIJKLMNOP

      and identify that 'ABCDEFG' and 'HIJKLMNOP' are similar.

      --
      -- I'd say your post was about 3 monkeys, 18 minutes.
    2. Re:Why not use BLAST? by dondelelcaro · · Score: 3, Informative

      First of, small nitpick: BLAST doesn't look for homology. It looks for identity. Homology refers to a speciation event separating two genes. On the basis of identity, you might hypothesize homology, but mere identity doesn't necessarily lead to homology. Translation: it's not possible to have homology between two sequences of the same species which an ORGN{HUM} BLAST, FE, will turn up. (Yes, for those of you keeping score, I've made the error before, and you'll ocassionally see this mistake in publications.)

      BLAST is designed to deal with a specific set of optimal string alignment problems, namely the matching of nucleotide to nucleotide or amino acid to amino acid. (Actually it's even narrower than that. It's really good at finding a match of a small sequence against a database of millions because of the way it idexes the database... but you can read the paper describing it if you really want to know.) It acts on the assumption that any change is as valid as any other change (ignoring secondary, tertiary and quatenary structure.) Because of this, it's not well suited to determining distances between two code bases where what the code says actually has testable meaning.

      In this case, we're pretty much stuck to wandering through the code samples by hand with judicious use of grep and diff.

      --
      http://www.donarmstrong.com
    3. Re:Why not use BLAST? by TitaniumFox · · Score: 1

      Actually, not a small nitpick. The homology != identity nitpick is one my advisor has. He's corrected me a few times, and thanks for doing the same.

      Dang. I thought I had an interesting solution to the genetics of the Unicies. (Imagine a blast server with all of the source trees that you could blast anything against.)

      Ah well.

      --
      -- I'd say your post was about 3 monkeys, 18 minutes.
    4. Re:Why not use BLAST? by Jeremy+Erwin · · Score: 3, Informative

      Your link was a bit off. The BLAST manpage is more helpful, and contains a brief description of the algorithm. The algorithm incorporates certain assumptions about biological sequences that are not reflected in computer code. A good bit can be reduced to simple Bayesian logic.

      It may be possible to devise a similarly minded algorithm that describes the evolution of computer code (using, perhaps, the CVS trees of large projects) but such a project would be a massive undertaking.

    5. Re:Why not use BLAST? by dondelelcaro · · Score: 1
      Your link was a bit off.
      Actually, I was just lazy and assumed that people would use pubmed to search for Altschul et al. J Mol Biol. 1990 Oct 5;215(3):403-10.
      The BLAST manpage is more helpful, and contains a brief description of the algorithm. The algorithm incorporates certain assumptions about biological sequences that are not reflected in computer code. A good bit can be reduced to simple Bayesian logic.
      The actual paper is IMO, much more usefull than the manpage for understanding the algorithm acurately. However, if you actually want to use BLAST, you best read the man page.

      The actual scoring table, which determines the cost of mismatch, match, gap starting, and gap elongation, can be reduced to bayesian logic, but the core of the algorithm is simply optimal local alignment based on a score table, nothing more.
      --
      http://www.donarmstrong.com
  22. Its funny by Lord_Dweomer · · Score: 3, Interesting
    Its funny....I look at this whole SCO mess.....and I look forward to the end of it not so much to be done with it.....but just to see what sort of retaliation everybody attached will exact on them/Darl.

    --
    Buy Steampunk Clothing Online!
  23. Code Snippets are a Red Herring by idiotnot · · Score: 3, Insightful

    SCO thought that exact code alignment could be used to sway the general public into accepting thier argument. It's backfiring, like so many of their tactics.

    But the real crux of their argument is that *every* modern OS violates their "Intellectual Property" (bad phrase) rights stemming from SysV Unix.

    That includes the BSD's.
    That includes Windows.

    Every OS that does basically what you could with SysV Unix is in violation, whether there's code sharing or not. It's a very disturbing concept, and the implications are chilling. It is absolutely imperitive that SCO lose this case.

    1. Re:Code Snippets are a Red Herring by Dieppe · · Score: 2, Insightful
      SCO thought that exact code alignment could be used to sway the general public...

      The only problem is the only people who care about the whole SCO crack-smoking-binge... is us bunch of geeks.

      I tried explaining to my mom the other day as well as to my sister and I eventually gave up. Not that I couldn't explain it, but it's just too much to explain about GPL and Open Source and IP and company claims and Linus and "open letters" and everything...

      Had to just throw my figurative hands in the air and say, "Well, they're just being idiots is all!" and left it at that.

      *Includes myself in the bunch of geeks who care about SCO illicit claims... Also only us bunch of geeks who cares about RIAA, or online rights, or copyrights extended to eternity...

      Point is...I'm just not sure the general public groks what's going on enough to even care!

    2. Re:Code Snippets are a Red Herring by Anonymous Coward · · Score: 1, Interesting

      Ask them them what they would do if a company tried to sue people for making chocolate chip cookies.

      Cookies have been around for a long time and some relatively new company trying to claim ownership on them is obviously deceptive.

    3. Re:Code Snippets are a Red Herring by MuParadigm · · Score: 1


      I know. I've been having the same problem. I sent my "Reponse" to Darl's letter to a couple of friends, and all but one friend, a fellow Linux user, said it was too long, then asked why I was wasting all this time on it. *sigh*

    4. Re:Code Snippets are a Red Herring by BoneFlower · · Score: 1

      It is absolutely imperitive that SCO lose this case.

      SCO's case is a simple contract violation lawsuit against IBM. Thats it. Its a case that they might actually have a legitimate claim with.

      Its also a charge that their publicity surrounding it has nothing to do with.

      Their case against IBM isn't an infringment case oddly enough. Yet by convincing the public it is, and winning on a possibly legitimate claim of contract infringment, they can scare the general public off of Linux and Open Source and Free Software without even attempting an IP lawsuit they are destined to lose.

    5. Re:Code Snippets are a Red Herring by michael_cain · · Score: 1
      SCO's case is a simple contract violation lawsuit against IBM. Thats it. Its a case that they might actually have a legitimate claim with.
      Exactly. While it is traditional when suing a company that you claim has damaged you to include as many different legal theories about how they damaged you as possible (because you can't introduce new theories on appeal), this case appears to come down to a fairly simple matter of contract law. Can SCO convince a judge that a contract between IBM and AT&T signed back in the 80s in which IBM agreed that any additions they made to UNIX would be treated as trade secrets is still relevant and binding? Can IBM convince the judge that AT&T handled UNIX secrecy so poorly themselves (the BSD case) that any trade secret status had disappeared before AT&T sold the rights?

      IANAL, but have dealt with an unfortunate number of them over the years, and feel that SCO's contract case is pretty weak. I think the BSD case provides a significant argument that AT&T did not adequately protect the "secret" status of the UNIX code -- you can't just declare something to be secret, you have to act as though it is, and the BSD case seemed to establish pretty well that AT&T had not acted in an appropriate fashion. And if UNIX was no longer secret, agreements to treat it as such were probably no longer binding. In the same vein, SCO will have to address their own actions in distributing Linux source code WRT preserving their own trade secrets. Ignorance, as in "we didn't know our secret code was in the Linux kernel" is generally a poor defense. The courts tend to expect you to know and understand what it is you are selling (or giving away).

    6. Re:Code Snippets are a Red Herring by mark-t · · Score: 1
      A few SCO stories back on slashdot, someone posted a response to an article which contained an original allegorical tale about a community that had built a pipe bringing water from a distant lake until one day, when one of the community decides to claim that segments of the pipe (which he chooses not to disclose) are his, and is determined to charge the rest of the community an exhorbitant fee for usage of it.

      I wish I had saved a copy of that story or the URL for the post, it was very clever.

      If anyone else happens to know what it is, post the link here. That story does a great job of illustrating the way SCO has been f***ing with us, and would be comprehensible to non-geeks as well.

    7. Re:Code Snippets are a Red Herring by rootfinger · · Score: 1

      Actually, it is working, just check their stock price.

      They would be stupid to reveal all the code they are claiming is borrowed from System V, as well as the details of any analysis that was carried out. Bottom line is: it doesn't really matter if they have a case or not, as spreading FUD about Linux, while boosting their own stock are their only aims.

  24. Re:Everyone is a Hypocrite (Torvalds, SCO, Slashdo by mondoterrifico · · Score: 0, Troll

    Wow, nice troll!

  25. Baghdad McBride does it again. by rice_burners_suck · · Score: 5, Funny
    SCO cannot get away with this bull. SCO will not get away with this bull.

    The question of code history is one I asked a *long* time ago; probably the first I heard of this SCO bs. I believe they wrote a little C program that crawls the source tree and looks for similar lines of code. Hell, I could write a program like that, make it compare two source trees that make up 10,000 lines of code, and have it print out that 1,000,000 of those 10,000 lines are identical. Just like the ad for PC-Lint in the programming magazines.

    Darl McBride's silly little company is acting just like the idiot who was sitting in a cafe one day. When the waitress came to take his order, the man asked her to sign and date some official documents certifying that he had been in that cafe at that time and date, with records of what he ordered, how long he stayed, etc. The waitress was confused about this, but the man claimed that he was very paranoid of someday being framed of a crime, and therefore wanted a written alibi for every waking moment of his life. He shows the waitress a calendar book with exact notations of every step he had ever taken. Suddenly, the police storms into the establishment and asks the gentleman if he goes by such and such a name. He answers affirmatively. They asked him if he had been involved in a jewelry store robbery which took place at 1221 East West Street several nights prior, at 12:31 AM. As he had proof of everything he had ever done, he opened his book, flipped to the day and hour in question, and read aloud from his book, "Jewelry store robbery at 1221 East West Street, 12:31 AM." Before he realized what a stupid error he had made, the police snatched him and he was off to jail.

    With that in mind, here is an open letter to SCO CEO Darl McBride:

    Dear Darl,

    I do not believe any of your company's claims. In fact, I believe quite the opposite: I believe that SCO's software is composed 100% of code your company deliberately stole from other companies. Because your company stole code from the Linux kernel, you later found that code and wrongly believe that the theft occured in the other direction. Further, I strongly believe that with your company's shoddy record keeping, you cannot prove the origin of your code, so it is therefore impossible to prove your false claims of its being misappropriated into Linux. I further believe that even if your company could produce such proof, the effects of doing so would be adverse for you, as the records would clearly indicate the thefts that SCO deliberately performed.

    Oh yeah, and one other thing: In your poorly written, grammatically incorrect, misspelled "open letter" to the free software community, you deliberately took some quotes out of context. This was silly because the misquoted documents are readily available for all to see your blatent and stupid attempt. To demonstrate the effect of misquoting, I offer the following text, quoted directly from your letter:

    My company, the SCO Group ... illegally copied ... the free Linux operating system. In doing this we ... adversely affect the ... credibility of ... SCO. SCO ... violates ... Linux ... intellectual property rights. This is improper. SCO ... has forfeited its rights to this code. SCO ... copyright ownership ... is null and void. SCO ... needs a business model that is sustainable, if it is to grow beyond a part-time avocation into an enterprise-trusted development model. Rather than fight for the right for free software ... I invite the Open Source community to ... fire off a "rant" ... across a negotiation table. [R]espect for intellectual property is not [an option]...

    Best regards to all,

    Darl McBride
    CEO
    The SCO Group

    How does that feel, Darl?

    Sincerely,

    rice burners suck
    Chief Karma Whore
    Slashdot

    1. Re:Baghdad McBride does it again. by Anonymous Coward · · Score: 2, Funny
      How does that feel, Darl?

      Thank you for providing the exhibit A352: "An incoherrent, vaguely threatening letter from a mentally disturbed open source advocate".

    2. Re:Baghdad McBride does it again. by h00pla · · Score: 4, Insightful
      I actually feel sorry for McBride in a way. Not *really* sorry, of course. I say this because, as far as I know, he has not sold off any stock. All the people around him are making 6 figures off of it and he basically can't sell anything. He is the pillar holding up the house of cards for the Canopy Group and whoever else is making money off this (Microsoft??). This guy is essentially the bag boy - he's the one who's job it is to make his asinine claims while everybody else just sits back and laughs. (ie - the open source people laughing at the claims and the SCO stockholders laughing all the way to the bank). If you think about it, when this is over, good ole Darl's going to have worthless stock and essentially a very, very bad name. I would imagine that they (the Canopy Group) have planned to provide compensation to him some other way.

      --
      I've been swashdotted -- Elmer Fudd
    3. Re:Baghdad McBride does it again. by dipipanone · · Score: 1

      Thank you for providing the exhibit A352

      Objection, your honour.

      This exhibit is irrelevant and has no bearing on the case.

    4. Re:Baghdad McBride does it again. by Anonymous Coward · · Score: 0

      All i have to say is, LOL, and ROTFL.

      Thank you & btw this is a trol.

      gotta love intentionally mispeled werdz :D

      btw, did I say that i laughed my arse awf? :D

    5. Re:Baghdad McBride does it again. by Anonymous Coward · · Score: 0

      Only a letter? What about all of slashdot.org?

    6. Re:Baghdad McBride does it again. by nathanh · · Score: 3, Funny
      Oh yeah, and one other thing: In your poorly written, grammatically incorrect, misspelled "open letter" to the free software community, you deliberately took some quotes out of context. This was silly because the misquoted documents are readily available for all to see your blatent and stupid attempt.

      Pot, meet... aw fuck it, who cares...

    7. Re:Baghdad McBride does it again. by ThyTurkeyIsDone · · Score: 2, Informative
    8. Re:Baghdad McBride does it again. by mikehunt · · Score: 0, Offtopic

      Remember rule number one:

      If you criticise someone's grammar, spelling and writing you must ensure that yours is perfect.

      'blatent' indeed!

    9. Re:Baghdad McBride does it again. by Anonymous Coward · · Score: 0

      Only a letter? What about all of slashdot.org?

      Speculation and hearsay are inadmissable.

    10. Re:Baghdad McBride does it again. by Rogerborg · · Score: 1

      Well, perhaps Syria, Iran or North Korea will be looking for an Information Minister soon. Darl should be a shoe-in.

      --
      If you were blocking sigs, you wouldn't have to read this.
    11. Re:Baghdad McBride does it again. by Anonymous Coward · · Score: 0

      God I hate these fucking letters on slashdot.

      Can't these idiots think of an original way to project their ideas? It is soooooooooooooooo fucking old!!!!!!!!!!

  26. Where have the SCO programmers gone ? by Anonymous Coward · · Score: 1, Insightful

    If sco have to resort to an outside team (ex-MIT people), does this mean they have no internal programmers free to look at the code ? or does it mean they don't trust those that they do ?

    Or is their single programmer tied up in trying to fix bugs in their existing products ? ;-)

    Finally, MIT/Ex-MIT people, were they staff/lecturers, or just people that attended MIT ? What are their qualifications ?

    I personally think this is an exercise in pumping the stock, and scaring someone enough that the will take over the company (and hope that they dont notice the cupboard is bare)

    1. Re:Where have the SCO programmers gone ? by RevSmiley · · Score: 2, Funny

      Janitorial help of course.

      --
      As you can see I don't care about my karma.
  27. This might matter ... by Chromodromic · · Score: 1

    ... if SCO cared. But they don't. It's a business game, not a technology issue. What they care about is obfuscation, FUD, and legal maneuvering, not technical accuracy. Shouldn't that be fairly obvious by now?

    --
    Chr0m0Dr0m!C
  28. Re:Everyone is a Hypocrite (Torvalds, SCO, Slashdo by Anonymous Coward · · Score: 0

    The irony is too strong here.

  29. Time for the Internet Death Penalty by heironymouscoward · · Score: 1, Flamebait

    This is the only remaining option if we are to retain some kind of sanity.

    The IDP, a total voluntary boycotting of all and any news surrounding SCO, implemented in as many online journals and newssites as possible, extended to newsgroups, emails, and any other source of discussion.

    SCO were kinda amusing when there was no other news this summer, but like a playground bully, they are feeding off all the attention they get, and so I vote for the IDP.

    For a start, I'd be mighty grateful if there was a SCO topic for /. so that I could exclude these stories for a start. If I wanted to watch insane pseudolegalistic gibberish I'd live in the States and watch TV.

    Gimme an I, gimme a D, gimme a P, whatcha got? Internet Death Penalty, peace and quiet. Yeah...

    --
    Ceci n'est pas une signature
    1. Re:Time for the Internet Death Penalty by Anonymous Coward · · Score: 5, Insightful

      A lot of people have been complaining about this SCO echo chamber thing, but they are missing a big point.

      It does not matter how much slashdot, groklaw, memepool, kuro5hin or metafilter or whoever cover the SCO nonsense. Ignoring it, or covering it until it's blue in the face, will not help or hurt SCO's case.

      The one and only thing that matters is: Are investment news sites, and the sites read by executives and people who buy stock, covering it?

      Since these sites will *do* things like take press releases and reprint them without investigating the veracity of their content, yes, they are, and will no matter what we do. If all SCO-unfriendly (i would call this "is aware of the facts of the situation") news sites dropped their SCO coverage, press-release-friendly/sco-friendly news sources-- the ones executives and stockholders read-- would continue to run their stories. This would mean that the people who are causing SCO's stock to be pumped up would still be getting the constant source of PR (lies?) from SCO, but it would mean that there would be no dissenting voices elsewhere in the media.

      Dissenting voices elsewhere in the media, if they *exist*, however, may eventually have the effect, eventually, somehow, of effecting the stock-news sites. Once this begins to happen, and the stock-news sites begin to report on the actual situation rather than SCO's single (imaginary?) side of the story, SCO's stock will be toast.

      In the long run all that matters is getting SCO's stock price to drop, becuase all that matters to those fueling SCO's nonsense is getting it to rise...

      There is such a thing as bad publicity.

    2. Re:Time for the Internet Death Penalty by sllim · · Score: 1

      I will back you up on the SCO topic on Slashdot. That would be nice.

      But the Internet Death Penalty has a critical flaw in it.
      If you are going to impose it, then how can you follow it?

      People on the internet are chat happy anyways. Best that the IDP could possibly achieve is a bunch of people talking about why imposing the IDP against SCO was such a good thing. And why soandso violating the IDP against SCO was a bad thing.
      By the time you are done a lot of people have spent a lot of time talking about SCO and why the IDP against them was good.

      See the IDP doesn't solve anything.

      I understand your frustration, I feel it too. I don't know Linux from Linus. I find the implications of the SCO thing far reaching enough that it is worth my time. But it doesn't really interest me.

      A topic on Slashdot would be welcome.

    3. Re:Time for the Internet Death Penalty by nitehorse · · Score: 1

      Did someone say [SA]HatfulOfHollow?

  30. Re:Everyone is a Hypocrite (Torvalds, SCO, Slashdo by I_redwolf · · Score: 1

    Torvalds resposne to SCO's open letter, which seems so very odd.

    What's odd about asking where the infringing code is and trying to figure out what SCO is talking about? I don't think there is anything odd about saying to your accuser what is it that I have done. If SCO is telling the truth the simple fact is they can still receive damages. So not only will the infringing and stolen code be removed from the kernel but they will also receive damages from the person(s) who put it there.

    We aren't hypocrites, it's a really simple thing. It doesn't have to be in the news or even go to court. SCO just has to say "line/number file.c" has infringing code please remove the code asap. Then they take their proof of infringing code and request damages. It'd also be alot quicker than the current way they are doing things.

    I don't think you actually understand the situation. Obviously no offense but you should re-read the actual case vs IBM and then what SCO itself has said over the couple of months to entirely grasp the confusing "blather" coming from SCO.

  31. I smell rule 11 sanctions by www.sorehands.com · · Score: 4, Interesting
    From the sounds of it, SCO's attorneys have not properly investigated their case before filing a lawsuit. Where SCO's attorneys failed to properly investigate, they would be subject to rule 11 sanctions for filing a frivilous case. There was a case in California where an attorney was sanctioned over $500k for filing and continuing a frivilous case.


    Not just that, IBM can go after SCO for intentional interference, abuse of process, and malicious prosecution.

    1. Re:I smell rule 11 sanctions by boudie · · Score: 0

      No, that's something else you're smelling.
      You can pull your head out of your ass now.

    2. Re:I smell rule 11 sanctions by FuzzyBad-Mofo · · Score: 1

      IBM can go after SCO for intentional interference, abuse of process, and malicious prosecution.

      And so can Red Hat, SuSE, Mandrake, ect, ect, ect..

      Huzzah!

    3. Re:I smell rule 11 sanctions by blibbleblobble · · Score: 1

      "Not just that, IBM can go after SCO for intentional interference, abuse of process, and malicious prosecution."

      Uh, when exactly is a prosecution not malicious?

    4. Re:I smell rule 11 sanctions by benzapp · · Score: 1

      Not only that, the word prosecution applies to criminal cases, not civil disputes. The state prosecutes offenders for breaking laws created by legislatures. That is not what is happening with the SCO case.

      But ridiculous legal claims are nothing new on slashdot.

      --
      I don't read or respond to AC posts
    5. Re:I smell rule 11 sanctions by Anonymous Coward · · Score: 0

      Their SEC filing contained an admission of ingorance of the history of Unix. Would be very strange for a company with any expectation to actually win in court...

    6. Re:I smell rule 11 sanctions by www.sorehands.com · · Score: 1
      the word prosecution applies to criminal cases, not civil disputes.

      That is not correct. It can apply to both criminal and civil cases. See the Lectric Law Library
    7. Re:I smell rule 11 sanctions by archevis · · Score: 2
      We can only hope that Big Blue will run this case to it's inevitable conclusion. And thereafter pursue the SCO attorneys to the point where "Remember what happened to the SCO lawyers!" becomes a term in legal circles.

      The reason why it is important to hit the lawyers hard is that this parody of a legal case will open for further frivilous prosecution of free software providers unless properly terminated with an implicit yet not too subtle threatening discouragement.

      Otherwise we can all imagine the outcome of some huge moster corporation (say from the northern US west coast) moving its weight over on some empowered band of idealists (say the Samba team) with some vividly imaginative legal claim... and the state in which hundreds of similar cases would eventually leave the free software community.

      -- I think not, said Descarte - and promptly dissapeared.

  32. Re:Everyone is a Hypocrite (Torvalds, SCO, Slashdo by NickFortune · · Score: 2, Funny
    I'm just searching for an end to this BORING battle.
    ... and as I'm sure we all agree, keeping you entertained is far and away the most important aspect of the case.
    --
    Don't let THEM immanentize the Eschaton!
  33. Yawn... by turboalberta · · Score: 1

    Nobody actually getting bored by this?

    --
    I sometimes think that God, in creating man, somewhat overestimated his ability. -- Oscar Wilde
    1. Re:Yawn... by Rogerborg · · Score: 1

      Nah, it's Days of our Lives for geeks. I reckon that "Darl" is actually Ricardo, Darl's evil twin, and that the real Darl is in a coma in a remote mountain village somewhere in Peru where a lovely - but curiously Aryan looking - native girl is nursing him back to health.

      --
      If you were blocking sigs, you wouldn't have to read this.
    2. Re:Yawn... by Anonymous Coward · · Score: 0

      I reckon that "Darl" is actually Ricardo, Darl's evil twin, and that the real Darl is in a coma in a remote mountain village somewhere in Peru where a lovely - but curiously Aryan looking - native girl is nursing him back to health.

      Wow, I think that's the closest anyone's come yet to understanding this mess. Could you pad that out a bit into an open letter to SCO? Guaranteed front page Slashdot material.

  34. Let me put it on a level you understand... by Anonymous Coward · · Score: 1, Funny

    "SCO is giving the open source community a look at the problems in the code..."

    My kids watch a show on Nick or TV Land or something, and its called "Dexter's Laboratory". Dexter uses a line over and over which seems to suit you very well...

    "You are Stuuuuu-pid"

    You said you have been "quietly reviewing". Let me suggest you go back to that mode.

    1. Re:Let me put it on a level you understand... by hesiod · · Score: 1

      > My kids watch a show on Nick or TV Land or something, and its called "Dexter's Laboratory"

      Hmm, FYI, It's on Cartoon Network. I like the show (and the network in general), so I had to give credit where due.

  35. Maybe SCO Knows What They're Doing by ryanisflyboy · · Score: 5, Insightful

    I'm not a SCO supporter by any means, but these guys have a history of suing people and winning. I know we all asume that McBride is a moron, but what if he's actually clever. They could be "throwing" everyone off by making themselves look like idiots. Has it dawned on anyone that maybe the code snippets that were leaked were meant to be leaked? Perhaps they knew someone would be there with a camera and stick the pictures out on the Internet.

    So while the community is thinking everything is just fine because SCO doesn't have jack, they are sitting on one or two really excellent examples of IP ownership they haven't released yet. This way when the code is released we will all be caught with our jaws gaping open and our feet stuffed into them. They are just down the street from me, I know some of these guys. They are slippery. The best way to kill a fox is not by chasing it.

    Now maybe what they do have is small and can be replaced simply. That doesn't matter because on the phsycological front the open source / free software camp just took a hit. Unfortunatly it's too late to do anything about it.

    I think a good approch is the "show us the code" approch. Not the "you must be an idiot smoking crack" approch. Hubris is a good thing when hacking code, but not when dealing with a bunch of lawyers. I urge a level headed course of action rather than a kick SCO's butt becuase there is no way we can be wrong action. Use caution - I promise there is an "Ace" up their sleave. Or at least a "Queen of Hearts". ;-)

    1. Re:Maybe SCO Knows What They're Doing by Anonymous Coward · · Score: 0
      And sometimes the stupid crooks are just that - stupid.

      My 90-year old grandma was blackmailed by phone last year. A man called in the middle of the night threatening to kill her unless she paid quite a significant amount of money.

      When I first heard of this I had low expectations of the police ever finding this guy. I mean if you use a phone to extort money, you'd probably call from a public phone or use a cloned cell phone to make the call and you'd know how to organize the money transfer so that you won't get caught. After you make the first call, you'd call again in a minute to check if the line is busy (ie. victim is calling the cops). If the line is busy, call again and threaten the victim for calling the cops, but promise to give him/her yet another chance but you demand more money this time. This will make you appear omniscient in the eyes of the victim ("is he somewhere nearby watching me!?").

      Well, it turned out that this moron wanted the money (rather a significant amount, I might add) to his bank account. Now extorting someone and asking him/her to transfer the money to your bank account is stupid in itself, but what's even more incredible is where this guy was calling from.

      He was using his home phone and he didn't even have the caller ID blocked. Next morning the cops got the last night's records from the phone company and the guy was arrested that same week.

    2. Re:Maybe SCO Knows What They're Doing by PhB95 · · Score: 5, Insightful

      I think a good approch is the "show us the code" approch. Not the "you must be an idiot smoking crack" approch.

      Now this is exactly what we should stay at. They claim "linux" stole their code? Well, when anybody makes a difficult to believe affirmation, the only sensible answer is "I may believe you, but only if I see a proof". And considering they took their position publicly, the proof must also be shown publicly: No NDA stuff or so. The german ruling is perfect here, stating "Show the offending code or shut up until you're in a courtroom". This is the exact sentence they should get served at every attempt to speak about the case.

      --
      One of those Europeans...
    3. Re:Maybe SCO Knows What They're Doing by boudie · · Score: 0

      Yes, throwing everyone off by making themselves look like idiots. It's so ingenious, and I have to admit that I fell for the whole scam. Wait, I just had a thought. If Darl McBride is only "pretending" to be an idiot, maybe George Bush is doing the same thing. Okay, okay - so what is your opinion of the RIAA - idiots or only pretending? Like Don King says: Only In America!

    4. Re:Maybe SCO Knows What They're Doing by pkaral · · Score: 1

      I think you are right that SCO know what they're doing. They might even know that their chances are slim.

      What is the value of a 5% probability of making ten billion dollars? Answer: Half a billion dollars. Hey, that's money, too...

    5. Re:Maybe SCO Knows What They're Doing by Anonymous Coward · · Score: 0

      If they really had a case, Eric Raymond wouldn't be "grinning a grin that should frighten the thieves and liars at SCO out of a week's sleep." See this

    6. Re:Maybe SCO Knows What They're Doing by Poro · · Score: 1
      I know we all asume that McBride is a moron

      Actually, I think he is a mormon. :-P

    7. Re:Maybe SCO Knows What They're Doing by earthforce_1 · · Score: 1


      This Las Vegas chicanery is certainly going to come out in court, and I doubt it will impress the presiding judge very much. A lot of this will hinge on credibility, the appearance of clean hands, and conduct beyond reproach.

      Sure, SCO has won a few lawsuits recently. But this is kid stuff, compared to what they now face. They are like the schoolyard bully thinking because you managed to kick the stuffing out of a few 98 pound weaklings, that he can take on the world heavyweight champion. IBM doesn't like to air dirty laundry in public, but behind the scenes their lawyers are gridingly thorough. Every time McStupid opens his big mouth, or they issue another insane claim, (including the Las Vegas dog and pony show) they are building evidence against themselves. I have no doubt IBM lawyers are quietly collecting the ammunition SCO is providing them, to be used at the appropriate moment. Some fools interpret their relative silence as an indication they have no defence. Far from it! IBM and Red Hat are not ranting and raving. Court can be like a card game in that you don't want to reveal your cards or strategy until it is time to lay them down. IBM is being very slow and careful. If history is any guide, IBM will be grindingly thorough, leaving no stone unturned. SCO's only hope is an idiot jury, but then that only guarantees an appeal.

      Saddam stomped out Kuwait back in 1992, but the results were decidedly different when he was facing a superpower. (I could also use the analogy of another megalomanic dictator back in 1939, but I don't want to bring Goodwin's law into it.) Except in the legal battlefield, there is no lightning war, everything plays out in slow motion. SCO won't be dealt a sudden death blow, instead they will be bulldozed under. Actually, there is a certain scene near the end of "A fish called Wanda" that comes to mind. Those who have seen the movie will know what I am talking about.

      --
      My rights don't need management.
    8. Re:Maybe SCO Knows What They're Doing by warbirdnut · · Score: 1

      I would agree. Microsoft settled with these guys over DR DOS didn't they? To a certian extent we can rant all we want. But what happens in the court room is what will really matter. I just hope this case doesn't wind up in the hands of morons.

    9. Re:Maybe SCO Knows What They're Doing by Anonymous Coward · · Score: 0

      Shut up FUCKFACE. You are teh gay!

      UH OH! Professor said not to let him get a BONER!


      RAHAHGFAHAFGAHAAA!!

    10. Re:Maybe SCO Knows What They're Doing by warbirdnut · · Score: 1

      Did any one happen to look at who some of the Canopy Companies are? I did a quick scan and noticed that one of the companies is Trolltech Great... That is all we need, they'll go after the GPL'ed QT for Linux... :)

  36. They can have Bruce or Eric by veldstra · · Score: 5, Insightful

    There's a lot of issues surrounding this case, but let's start with the request for a Bruce Perens or Eric Raymond: These guys repeatedly offered they're assistance in looking at the code to identify any possibly infringing snippets, but they require that the NDA is dropped for them. SCO refuses to let them do this, seemingly afraid that the infringing snippets will 'disappear' from the kernel source, hence losing a case against all those commercial users of Linux they want to sue.

    And to have all those people claiming it's pump and dump of SCO stock, think of this: Some execs have call options (right to buy at a certain price) that can't be exercised till somewhere in 2004. That means they have to keep the SCO stock price up till they can exercise the options. With a case like this, I wonder if that's possible: sooner or later the 'regular joe' catches on, and the stock will end up in a free-fall, and if printed on paper, making geek toilet paper (But that might make the demand among us geeks so high the price gets back up). Next to that, they sold quite some stock, but so far it's been in 5000 - 10000 chunks, While they own 10 - 20 times that much each. If they really wanted to get rich, they would dump it as fast as they could, and leave the country.

    My guess is they started seriously believing they have a case, but now continue in order not to lose their face. I think McBride and his servants have lost a lot of sleep over this case by now, and will have a lot of sleepless nights in he near future.

    1. Re:They can have Bruce or Eric by platypus · · Score: 4, Interesting

      But this whole mess is _not_ orchestrated by SCO. Look at the people involved, look at the content of IBM's subpoena (the important parts are up on groklaw), a subpoena adressed to Canopy, not SCO.

      Canopy has a history of taking a lot of influence in the companies they have a majority stake in, so that in effect, the company is managed from inside Canopy.

      I think they wanted to use the threat of a SCO kamikaze against IBM, in order to maximise their returns for a dying company by extorting some money from them and getting some money out of the stock market.
      Now that IBM apparently doesn't want to play this game, they are solely taking the stock market route - notice how the number of (absurd) press releases per week went considerably up after it was clear the IBM wouldn't cave in.

      On IBM's POV, I think they know quite well what's going on, they know their real "enemies" are part of canopy, as can be seen by the content of their subpoena.

      Now we can speculate even more:
      Maybe Canopy underestimated something when setting up that plot. This whole IP/Copyright "weakness" of linux they are capitalizing on is of an enormous strategical importance for IBM.
      IBM must make sure that no one else will ever get the idea to do what Canopy/SCO are doing now.
      And, if I interpret IBM's subpoena correcty, this is what they are doing now. They are beginning to show the world that there is no secure way of playing the game that canopy is playing now. And they (IBM) have to make sure that everyone gets this message.

      So I don't expect this mess to resolve quietly, I expect Canopy to come out of this seriously hurt.

    2. Re:They can have Bruce or Eric by 0racle · · Score: 1
      afraid that the infringing snippets will 'disappear' from the kernel source, hence losing a case against all those commercial users of Linux they want to sue

      And this is of course what this whole thing is about. They don't want to have the code delt with, they're very happy that its there, because now they can extort money from everyone using Linux.

      If this was any other IP case the entire point would be to a) halt production of the infringing product, b) have some money paid for losses by the infringing entity c) Licence the producer of the code or have it removed.

      Nothing has been done to halt the production, and yes they could get a court order stoping the distrobution from kernel.org and US based Linux distributers. The other two points are to have money paid by the entity(s) distributing the product in question, however, seeing that they just wont get money out of that, (when was the last time you paid for your distro of choice) they can only go after users. Thats extortion. In this case what would have to be done, if they were indeed worried about loosing sales to Linux, would be to prove infringment and demand the infringing areas be removed immedeatly. We have all seen this isnt the route they have choosen and chances are just about everyone here would be shocked if they did.

      This case isnt about IP infringment, illegel code, the Linux community process, Open Source, the GPL or anything else. Its a company trying to make lots of money without putting work into a product that is actually worth using.
      --
      "I use a Mac because I'm just better than you are."
  37. Who wrote this article?? by viware · · Score: 1

    Did anyone else notice that the text kept sizing up as the article went down. Sorta puts a funky light on the whole thing...

  38. A Slow Song and Dance by abertoll · · Score: 3, Insightful

    Sometimes I wonder why the courts don't just put SCO out of its misery...

    I mean isn't it pretty apparent to everyone that these are some last rites? These are just theatrics as a last dying attempt in vengeance against their bane. I mean this makes SCO look really really awful as they writhe in agony, striking out as spitefully as they can at the IBM/Linux partnership.

    I don't think anyone can take this whole charade seriously. I hope this abuse of the court system doesn't go unpunished. Has anyone ever considered how quickly things move along and get developed in the techological world? Does anyone see how grossly slow and inadequate the traditional court system is at handling things of this nature? With legal battles, appeals, loopholes, etc. by the time anyone wins a case they're looking at technology that older than dirt.

    --
    "he drew his sword Ringil that glittered like ice... and he wounded Morgoth with seven wounds..."
  39. The REAL story by dipipanone · · Score: 2, Funny

    it's safe to say SCO and its crack legal team

    I always knew it wasn't just Darl who was smoking the stone here. I knew the lawyers had to be suffering from paranoia and cocaine psychosis as well.

    My theory is that this whole law suit came about following one particularly heavy night hitting the pipe. When McBride, Sontag, Boies etc. began to get that familiar disturbing feeling of having maggots burrowing beneath their skin, one of them proposed that the running the GNU debugger might be the best way to get rid of them.

    When that didn't work, in their crack-addled minds, they decided that they were going to make developers of free software pay for their drug-induced distress, and so targeted the GNU/Linux system for this lawsuit.

  40. You'd be Broke by blunte · · Score: 4, Insightful

    If you had been shorting SCOX all this time.

    They're around $18 right now. In May they were in the $3s.

    Feast your eyes on this lovely chart.

    SCO is doing what Enron, Worldcom, Tyco, and so many other companies have done. They do absolutely anything, legal or not, ethical or not, to pump that stock. And keep in mind that for the stock to trade higher and higher means that people have been standing in line to buy it. Those asses share some of the blame. It's just a bunch of people trading, overall, lots of the world's time, energy, and money, for a little personal gain.

    Fuck them.

    Fuck McBride. His method of improving SCO's business here brings into serious question the supposed successes he ha d at other companies.

    Speaking of the snake, does anyone have personal information on him? It would be a real shame if he personally were to receive indications of the world's negative feelings about him...

    --
    .sigs are for post^Hers.
    1. Re:You'd be Broke by AllUsernamesAreGone · · Score: 3, Interesting

      "It would be a real shame if he personally were to receive indications of the world's negative feelings about him..."

      What, you mean like /. users working together to get him signed up to every spam source on the planet while setting up a fund to dump 100 tonnes of unprocessed bovine excrement on his doorstep just to make sure he gets as much bullshit as he gives out? That sort of thing?

    2. Re:You'd be Broke by Tony+Hoyle · · Score: 0, Offtopic

      Cool idea.... how much *does* 100 tonnes of bullsh*t cost, anyway?

    3. Re:You'd be Broke by MuParadigm · · Score: 1

      Depends on whether they're English tons or metric tons. Metric tons cost about 10% more.

    4. Re:You'd be Broke by Anonymous Coward · · Score: 5, Insightful

      SCO is doing what Enron, Worldcom, Tyco, and so many other companies have done. They do absolutely anything, legal or not, ethical or not, to pump that stock.

      That's an important point there.

      And keep in mind that for the stock to trade higher and higher means that people have been standing in line to buy it. Those asses share some of the blame.

      Oh, I imagine there are probably a few investors or wannabe investors really banking on SCO's chances of a big payout, but most are not.

      SCOX stock is shorted to the hilt. It's shorted so hard, a lot of people are having trouble finding shares to short. That means a lot of investors are fully confident that SCO will go down in flames. The only reason SCOX stock is rising is because of some pretty flagrant stock manipulation. SCOX is a small-cap, tight-float stock that started this affair as a penny stock in danger of delisting. For those unfamiliar with the stock market, the practical upshot of that is that SCOX stock is very easy to manipulate.

      Who's manipulating it? My guess is, SCO's the chief manipulator (with other parties serving as accomplices), though I can't be certain. This isn't the first time this company's tried it; if you look back in the days when they were still Caldera, you'll find an old (unresolved?) class-action lawsuit hanging around:

      (See legalcasedocs.com. See legalcasedocs.com get slashdotted. Gee, I sure am sorry about that!)

      If you want to see the current manipulation in action, just grab yourself a copy of LinuxTrade, get yourself a free real-time account, and watch the trading happen in real-time. (The LinuxTrade docs will give you hints as to where to get free real-time accounts; I refuse to have a nameless, innocent, and very generous brokerage slashdotted on my account). You'll see miniscule volume, mystery entities bidding up the ask on the smallest lots possible, and end-of-day tape painting to get the stock to close higher. Lately whoever's yanking the stock around seems to have a fetish for targetting close to exact dollar amounts like $17.00 and $18.00, so I'm betting the yanking duties have recently been consigned to a bot.

    5. Re:You'd be Broke by bryanthompson · · Score: 2, Informative

      this article estimates manure cost at about $40/acre... not sure of the tonnage.

    6. Re:You'd be Broke by Famatra · · Score: 1

      "Cool idea.... how much *does* 100 tonnes of bullsh*t cost, anyway?"

      Its expensive for most people, but Darl McBride gets a daily supply out of his mouth for free.

    7. Re:You'd be Broke by Anonymous Coward · · Score: 0

      does anyone have personal information on him?

      You mean this sort of thing?

      Darl McBride
      1799 Vintage Oak Ln
      Salt Lake City, UT

      (801) 424-2006

    8. Re:You'd be Broke by Anonymous Coward · · Score: 0

      Metric tons cost about 10% more.

      Its all that damn math you have to do to convert it that costs you more :p

  41. Source Crooks Organized by Anonymous Coward · · Score: 0

    Having "no idea" where their own code came from is just lawyerese for filing a completely frivolous lawsuit.

  42. Don't know origin but... by Anonymous Coward · · Score: 0

    SCO also owns copyrights for Bible and soon will begin suing all churches around the world.

    1. Re:Don't know origin but... by Grant_Watson · · Score: 2, Funny

      SCO also owns copyrights for Bible and soon will begin suing all churches around the world.

      No, no, no. It is Microsoft that is working to acquire the Roman Catholic Church.

  43. Obligatory Slashdot joke by Krunch · · Score: 1

    1. Claim some people stole your code. 2. Show unrelated code. 3. ??? 4. Profit ! There is something fscked up in this economic system.

    --
    No GNU has been Hurd during the making of this comment.
    1. Re:Obligatory Slashdot joke by Krunch · · Score: 1

      Damn, i forgot

      Well, it was not to get sued by SCO because they use it on their website.

      --
      No GNU has been Hurd during the making of this comment.
  44. But the stoclks go up. by Anonymous Coward · · Score: 0

    But the SCO stocks are gaining value all the time. I Who is buying all this stock? Can we trace the money somewhere?

  45. SCO stock goes up on bad news by Zelatrix · · Score: 5, Interesting

    I have been watching the SCO stock price for the last couple of months. When the SCO forum code was debunked, I looked expecting to see the stock price fall off a cliff. That's how it works isn't it? company suffers major bad news, stock price falls.

    But no. The stock price went up, up and away, on blocks of very small shares.

    It's clearly being heavily manipulated. But why? The best theory I've seen is that amateur investors are encouraged to sell this stock short, on the assumption that it's going to zero one way or another. Good assumption, but naive investment strategy. What happens then is that the price is manipulated way up. Eventually the short sellers are forced to buy at the higher market price to stop their losses. Who do they buy from? Why, the insiders and stock manipulators, who then laugh all the way to the bank.

    Go and have a look on the Yahoo finance forums. The scam is so obvious, it's unbelievable that the mainstream media aren't picking up on it.

    1. Re:SCO stock goes up on bad news by Eric+Ass+Raymond · · Score: 3, Interesting
      How about creating a web-site with a timeline correlating SCOX with their absurd press releases and info on possible insider trading? Make it easy to read, as objective as possible (no hysteric ESR-style rants), have it copy edited by someone who knows the proper terminology and only use references that can be independently checked. If possible, provide links to all sources.

      THEN sell it to the mainstream media.

  46. No, thanks by Anonymous Coward · · Score: 0

    ... we would be glad, if you keep'em out of Europe, thanks.

    Why not make'em shut up, like Germany has done?

  47. Unconvincing by rking · · Score: 5, Insightful

    I don't believe that the SCO claims have any real merit. But this article seemed to be making a big deal out of Darl McBride saying in his Q&A that he didn't previously know that the code in question had been contributed by SGI. So far as I can see he didn't say anything of the kind.

    "In this Q&A, CEO McBride states, 'Well, at SCO Forum, there were some folks that came out and basically sniffed out some of the [disputed System V] code we were showing and [concluded] that it emanated from SGI.' That this code "emanated" from SGI was news to SCO."

    I don't see how you can get from Darl's quote to the conclusion that the source being SGI was news to him. All he says is that people outside of SCO worked out where the code came from, which is why he's commenting on it publicly. Nothing there implies either way whether he knew about it before.

    Once you remove this strange interpretation of his quote there doesn't seem to be anything left to base the article on.

    There are plenty of legitimate flaws in SCO's case. This doesn't seem to be one of them.

    1. Re:Unconvincing by Anonymous Coward · · Score: 0
      Your post:

      I don't see how you can get from Darl's quote to the conclusion that the source being SGI was news to him.

      article snippet with sco quoted in your post:

      That this code "emanated" from SGI was news to SCO.


      you're a bit thick aren't you?
    2. Re:Unconvincing by rking · · Score: 1

      this code "emanated" from SGI was news to SCO.

      That wasn't quoted from SCO, it was quoted from the author of the article. The SCO quote ends immediately before the sentence you quote.

      you're a bit thick aren't you?

      No comment.

    3. Re:Unconvincing by gkuz · · Score: 1
      I'm not a SCO or McBride supporter, but let's stick with actual facts if we can. The Novak piece in Linuxworld, it appears to me, is a "column", an opinion piece, and not an article. He links to the actual Q&A in Computerworld, so you can read it for yourselves. The conclusion that SCO/McBride has "no idea" where the code snippets come from seems like the wildest sort of stretch on the author's part.

      Interesting bit near the bottom of the Q&A suggests that Darl himself reads /.

  48. NEW! SCO's next killer copyright code sample.. by adeyadey · · Score: 1

    int seed = 0;

    int rand (void)
    {
    seed = 0x015a4e35L * seed + 1;
    return ((seed >> 16) & 0x7fff);
    }

    --
    "You lied to me! There is a Swansea!"
    1. Re:NEW! SCO's next killer copyright code sample.. by Anonymous Coward · · Score: 0

      Have I missed something here? This always returns 1.

    2. Re:NEW! SCO's next killer copyright code sample.. by cosmo7 · · Score: 1

      srand()!

  49. Don't use BLAST or SHRED. Better methods exist! by zachrahan · · Score: 5, Informative

    Arrg!

    No, BLAST won't work. ESR's SHRED won't work. These are, at heart, text matching algorithms, which are easily defeated and of little relevance. Let me explain.

    Any simple code obfuscation techniques (changing variable names, adding/removing comments, inserting newlines, changing for loops to while loops, etc.) will totally defeat SHRED and will likely give BLAST a hard time, if not break it entirely.

    Why? SHRED searches for lines with identical MD5 sums. If every/most line of purloined code has been changed, even slightly, SHRED fails. BLAST works by finding "seed" regions of identity and then growing those regions out to "near matches." Unfortunately, the idea of a "near match" is a lot more clear cut in DNA/protein than in code, and the initial seeding breaks if the code has been obfuscated at all.

    SCO would (wisely) never accept a negative SHRED or BLAST result as proof for just these reasons.

    What is necessary is a comparison of the code structure, NOT the simple text of the code. Stanford's, for example (and many other) CS department detects cheating by chewing through source files and turning them into an intermediate representation (think: parse tree) which describe directly the STRUCTURE and FUNCTION of a bit of code in a way that is completely divorced from the text of that code. To find out if people cheated, they compare the parse trees from their code -- not the text of the code.

    In this way, they can easily detect (with a surprisingly low false positive rate) when two pieces of textually different code actually stemmed from the same source (but one was then obfuscated to cover up the cheating.)

    This is the way to compare code fragments. Not borrowing text-matching (or near-matching) from unrelated disciplines.

    1. Re:Don't use BLAST or SHRED. Better methods exist! by Anonymous Coward · · Score: 0

      But the problem with that is that there are only so many ways to implement some things. At some point, you'll abstract away the differences, and get loads of false positives - remember, copyright protects expressions, not ideas - software is just mathematics obfuscated by varying degrees of deficient languages (it is, that's a FACT, no matter how you "feel" as an artsy programmer, software is maths, and if more people treated it as such we'd have much more reliable software.).

    2. Re:Don't use BLAST or SHRED. Better methods exist! by Tony-A · · Score: 1

      But the problem with that is that there are only so many ways to implement some things.
      Further, if the problem domain and computational costs are well known, there is one or a very few (near-) optimal solutions. If there are also good standards for variable naming and commenting, it should be feasible for two completely independent implementations to be identical.

    3. Re:Don't use BLAST or SHRED. Better methods exist! by lspd · · Score: 1

      No, BLAST won't work. ESR's SHRED won't work. These are, at heart, text matching algorithms, which are easily defeated and of little relevance.

      Except that "Shred" is basicly the same thing as what I did to find the malloc.c/ate_utils.c similarity several months before SCO claimed it. You could certainly extend the shread idea further to, for instace, rename everything that's not a reserved word before hashing and bumping the line count up to 10 or so. That should catch anything where the author did a simple find/replace on variable names.

      You think the mythical team of MIT experts had a better method? If you manipulate the code too far before comparing it you'll eventually get to the point where copyright law doesn't even apply and two seperate implimentations of a standard will nearly always match.

      SCO has already made it clear that any literal copying is secondary to their grander claims to own all things that touch Unix.

    4. Re:Don't use BLAST or SHRED. Better methods exist! by Crispy+Critters · · Score: 1
      "These are, at heart, text matching algorithms, which are easily defeated and of little relevance."

      It is of extreme relevance, from a legal standpoint. If the code is not literally copied unchanged, then someone claiming copyright violation has to prove that the aspect of the material copied is protected by copyright. For example, SCO would have to prove that some snippet they claim was copied from SysV and obfuscated is sufficiently different from public domain ancient Unix code that it deserves copyright protection.

      This sort of test is not invoked when direct, verbatim copying occurs. So there is a big legal difference between cut-and-paste jobs and obfuscated code.

      There is also the aspect that Linux kernel coders are not, for the most part, college freshmen. Kernel coders would not have wasted time obfuscating things they could more easily have written from scratch. If they were copying to save time, they would have copied verbatim. As far as trivial changes such as reindenting, shred has the option to ignore whitespace differences.

      You are right that this doesn't prove anything. All it does is point out parts of the code that deserve more scrutiny by the human coders.

  50. Something seems really fishy to me here... by LinuxMan · · Score: 2, Interesting

    It seems that as time goes on, SCO's case gets weaker and weaker, but they keep laying the intensity harder and harder. I really wonder if it is possible that one of the competitive software companies purchased a SCO license with the stipulation that they must make life hell for the Linux/Open Source community. It's gotta make you wonder... It was only very shortly after all the lawsuit stuff popped up that one company particular (we all know who) a license for UNIX code from SCO.

    Elph

  51. Darl reads Slashdot! by fv · · Score: 4, Interesting
    > Should make for good popcorn munching entertainment. If it were me, I
    > would sue Darly McB individually, in his personal capacity, as well
    > as SCO.

    Darl bashing is even more fun now that we know he actually reads Slashdot! The Linuxworld piece links to a Computer World Interview with McBride. In the last question, Darl admits that he reads our rants on Slashdot and it hurts his feelings:

    Q: How do you feel about apparently being reviled in the open-source community due to SCO's legal fight? Does it bother you?
    A:It does and it doesn't. We're at the center of a hurricane. Clearly, in this case we have one set of forces here that are pro-SCO, and I've characterized them as the silent majority. Then there's the other side that is anything but silent, and they're some of the most boisterous enemies or antagonists that one could ever hope for. You think pro sports stars have got it bad as they're driving home after the game when they've gone 1 for 10 and missed five three-pointers. They think their lives are bad from the sound bites on sports radio. They need to come over here and read Slashdot. That part of it is not the most exciting part of your life.

    So Darl, if you are reading this: fuck you! We know your evidence is bogus, we are on to your stock scams (e.g. the Vultus "acquisition"), and we laugh at your suggestions that we cooperate to "monetize Linux". Give it up now, before we finally convince the SEC to launch an official investigation.

    -Fyodor
    Concerned about your network security? Try the free Nmap Security Scanner

    1. Re:Darl reads Slashdot! by roybob · · Score: 1
      Clearly, in this case we have one set of forces here that are pro-SCO, and I've characterized them as the silent majority.

      Silent majority? I find that laughable. Considering that I don't speak out against SCO through a public forum like this does not make me their "silent majority." I oppose the venemous tactics they employ as much as any sane person would.

    2. Re:Darl reads Slashdot! by Anonymous Coward · · Score: 2, Funny

      So Darl, if you are reading this: fuck you!
      No, Fuck you!

      Anonymous D. McCoward

    3. Re:Darl reads Slashdot! by Anonymous Coward · · Score: 1, Funny

      I bet he's probably referring to 'Mr. Darl McBride' user ID 704524. and 'Chris Sontag'(don't know his user ID). They post back and forth in some SCO stories. One time inferring that they were homosexual lovers. I'm sure that hurts Darl's feelings. LOL

    4. Re:Darl reads Slashdot! by vsprintf · · Score: 1

      Okay, turn in your Silent Majority membership card, roybob. You just became a member of the Vocal Opposition. :)

  52. Electrostatic overshoes and strapped to a balloon? by Anonymous Coward · · Score: 0

    Being sent to swim with the red sprites would be suitable punishment for an errant high-tech company.

  53. Hammergram for McBride? by AmazingRuss · · Score: 1

    "Hell hath no fury like geek legions scorned."

  54. SCO's Carelessness by affenmann · · Score: 4, Informative

    This just shows how thorough SCO really is. The article says: That this code "emanated" from SGI was news to SCO.
    Well, the linux code clearly states

    * Copyright (C) 1992 - 1997, 2000-2002 Silicon Graphics, Inc. All rights reserved.

    I hope they know how Silicon Graphics Inc. relates to SGI :-)

  55. Assuming they have a cunning plan? by dbIII · · Score: 1
    We don't know what SCO are doing, or what they're planning.
    None of the evidence so far shows that they are competant. It is very unlikely that it is ALL a smokescreen, which makes it look like they really don't know what they are doing - and to make money in this case they don't actually have to know what they are doing. We're trying to work out how they could possibly be right and all they need to do is just sow doubt.

    We're making the mistake of looking at the technical issues and not the social ones. SCO is playing the social angle and doing very well so long as they can keep this spinning.

    It's farmers VS barbarians all over again - the conquering barbarian rulers can't understand things like why farmers would get upset at equal division of land and the farmers can't understand that anyone would be clueless enough to try to make them farm a swamp as efficiently as the best farmland.

  56. Um, is it remotely possible by Rogerborg · · Score: 2, Interesting

    That some clueless noob at SCO was tasked with finding way to sploit their copy rights, discovered the OpenLinux SRPMS on their ftp server, decided that must mean that SCO owns all that source, and then declared the same source in the linux kernel as being infringing? 'Cause, you know, some clueless noob at IBM must have put it there, or something.

    It sounds crazy, but it makes more sense than starting from the assumption that SCO really aren't disclosing the source simply so that we can't "launder" the kernel before SCO can get it to court.

    --
    If you were blocking sigs, you wouldn't have to read this.
  57. Six degrees of separation by dbIII · · Score: 2, Funny
    Finally, MIT/Ex-MIT people, were they staff/lecturers, or just people that attended MIT
    Everyone's connected to MIT in some way.
  58. "SCOs investors remain unaware of this" by Battle_Ratt · · Score: 1

    I wouldn't necessarily say that. If you look at this. You will see a plausable connection between M$ and SCO.
    I think these purchases would be chump change for the Gates familly. They wouldn't be investing to make money, they just want the bad press to keep rolling.
    Read the article and draw your own conclusions.

  59. This was a rehersal by TimFreeman · · Score: 5, Insightful
    They showed a code snippet that seemed plausible to them at the time. Everyone jumped on it and figured out where it came from. As a consequence, SCO now knows what they have to do to find a really good code snippet that will stand up in court. Since there's a lot of code there, they can do as many rehersals as they like before they go to trial.

    They can either learn a process or learn things about specific pieces of code this way. If they learn about pieces of code, they present code at trial that stood up to public scruitiny in their practice runs before the trial. If they learned a process, then they hire people to do the same sorts of reasoning the public used to debunk their practice runs, and by that means find a better chunk of code to demonstrate at trial.

    It would seem rational for them to do a few more rehersals before show time.

    It would also seem rational for the open source community to refuse to play this game by not giving them further accurate information about the validity of their public claims before the trial. But since the open source community has no central control, there's no way to make that happen.

    1. Re:This was a rehersal by 74Carlton · · Score: 2, Insightful

      I've seen this argument a few times, and I have to suggest the following. When they show a snippet, one of two things happens.

      It is found to not be infringing, showing they have no case (what's happened so far), or

      It is genuine IP infringment and work can immediately be done to remove it from Linux, and their case is weakened.

      This would seem to be a win-win situation.

    2. Re:This was a rehersal by frkiii · · Score: 1

      Uh, nope.

      SCO's case vs. IBM has nothing to do with copyrights or copyright infringement.

      The only such claims have been made or hinted at in SCO's press releases or interviews.

      Their case hinges on work that IBM owns the patents to, or owns the copyrights to (JFS, NUMA and one or two others) are considered "derivative works" of System V Unix. Which is weak at best.

      SCO's suit is basically a breach of contract claim and items related to that.

      If SCO had filed a copyright infrigement claim, there case would be weakened by not trying to mitigate the "damage" caused by the infringing code. In other words, work with the companies/groups/individuals to help get the infringing code removed. However, since no copyright infringement has been claimed in a court of law, I highly suspect that there is no copyright infringement whatsoever. Frankly, because, for SCO's benefit, they would at that point have to "put up or shut up", or the court would take a very very dim view of SCO's actions.

      In fact, based on how SCO has acted (press releases, etc.), I highly suspect the courts will have a very very dim view of SCO and its claims already.

      Regards,

      Fredrici

    3. Re:This was a rehersal by k12linux · · Score: 1
      If SCO had filed a copyright infrigement claim, there case would be weakened by not trying to mitigate the "damage" caused by the infringing code.

      Doesn't this mean that the longer they refuse to allow Linux developers to see and remove code, the more they hurt their own IP and copyright claims against Linux?

      Another thing that bugs me is their claim that they can't release the code snippets without divulging trade secrets. But if the code is already in Linux... what are they trying to keep secret? If the differences are significant enough that SCO can't show them, then how can SCO have any kind of case?

    4. Re:This was a rehersal by frkiii · · Score: 1

      Doesn't this mean that the longer they refuse to allow Linux developers to see and remove code, the more they hurt their own IP and copyright claims against Linux?

      Precisely. And, there are time limits on filing a suit regarding copyright infringement when it comes to damages, etc. I do not have exact data on this, however.

      As your for you comment about "trade secrets", you are exactly right. If it is already in Linux, it is no longer a "trade secret". As a result, that part of their case vs. IBM has no teeth whatsoever.

      So, either SCO is correct, that their code is in Linux (which would negate their claim that IBM violated their "trade secrets" OR there is no SCO code in Linux and their press release and interview claims are bogus. Which, would mean that RedHat would have a field day with SCO regarding the suit RedHat filed vs. SCO.

      Either way, it is a lose lose proposition for SCO. And it couldn't happen to a "nicer" bunch of folks. (Note: Extreme sarcasm on the "nicer" adjective.)

      Regards,

      Fredrick

  60. Re:kill mcbride by zakezuke · · Score: 1

    Agreed! It's considered in bad taste and remarkably stupid to make reference on a network system with *logs* to killing someone. Considering the jarhead that shot Reagan was doing so to impress someone, it's just as likely you'll find some mentaly unbalanced fellow who can claim "he told me to do it". I'm all for privacy, but if I saw something like that on my system, while i'd still request a supena, i'd make sure to archive it for easy retrieval.

    However, taking the time to post something, and encouraging others to do so, provided it's not harrassment would be most acceptable. Here is an idea.

    Put a couple of nuts in an envelope and post to McBride with a note that reads "Your nuts ---a linux user". It's not even insulting beause they are now his nuts.

    --
    There is no sanctuary. There is no sanctuary. SHUT UP! There is no shut up. There is no shut up.
  61. BLAST won't work by Anonymous Coward · · Score: 0

    BLAST and all similar methods calculate similarity scores based scoring matrices. BLOSUM62 is the default for BLAST methods. There are no matrices avaialable for comparing code, and it would be rather hard to devise them.

    1. Re:BLAST won't work by HiThere · · Score: 1

      Perhaps what should be compared is the compiled code rather than the source. Fewer codons. But it's still more analogous to comparing protein sequences than to comparing DNA sequences.

      And it's the folding that gets you.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
  62. An Answer from Warren Buffett by Anonymous Coward · · Score: 0
    Warren Buffett about shorting
    Charlie and I have identified about 100 [short-worthy] stocks over time -- we'd have [lost money shorting] them, but we've been right about just about all of them. It's recognizable -- to see when things are [out of whack], but you don't know how it will play out, how high or low it will go and when.

    (Warren Buffett at the Berkshire Hathaway Annual Shareholders Meeting in Omaha
    Saturday, May 4, 2002 )


    Enjoy!
  63. Financial Advice from Miscrosoft by rajafarian · · Score: 0

    1. Do illegal things against the competition.
    2. Bring in extra Revenue.
    3. Get caught and/or sued.
    4. Pay Fine. (Fine will be much less than extra Revenue.)
    5. Profit!!!

  64. Is this newsworthy? by ls+-lR · · Score: 1

    Okay. I hate SCO. You hate SCO. They're a bunch of bastards and they won't put up or shut up. That's a given.

    This article offers nothing new. This story is just an excuse for everyone to rehash the same old "SCO will go down in flames" lines.

    Could we possibly just limit the new stories to ACTUAL BREAKING news items that contain new verifiable evidence and/or facts, or at least something substantial? Can we PLEASE just take it for granted that every publication that has anything to do with Linux is going to come out against SCO?

  65. You miss the point completely by DukeLinux · · Score: 1

    It's all about pumping the stock price. SCO has nothing and really does not care. This is simply a maneuver to pump the stock price and make the execs rich. Nothing more. The company will collapse, but like so many other execs...who cares. Consider the facts. Mutual fund managers are the ones pumping up their useless stock. Remember how Yahoo was over $300 per share? These same clueless nitwits are still mis-managing our 401k funds. None of them do one ounce of research - it's not their money. They all buy like sheep and sell like sheep. They is a very wise financial move on SCO's part which will make Daryl and his other brother Daryl very rich. Quit getting so spun-up. This is business as usual in America. It's all about the CEO. How much longer do you think HP is going to be around after Carly sucks the life out of the company? It's fundamentally the same thing. It's all about the CEO getting rich now!

  66. Mystery of the MIT team by leftie · · Score: 1

    From the article...."There is the phantom MIT mathematics department team which MIT itself can't identify and which SCO has since said were people with former MIT mathematics department relationships, not MIT employees."... There's a woman who lives a couple of blocks from me that dated a MIT math grad student in the late 70's... she can only get part-time work as a travel agent now... maybe she was short on cash and...

  67. Can we just forget SCO and move on.... by gmac63 · · Score: 1

    As stated countless times, SCO (management) has apparently lost its collective mind. As is the case with a complete paranoid schizophrenic (sic), the posturing is irrelevant.

    The best thing the Open Source community can do is to drop any relations with SCO, walk away, and continue to code good works.

    At this point, we've gone from defending O/S to humiliating SCO... not that SCO hasn't done a good job of that themselves. Still, the point is moot. SCO has no case. As in the words of my lovely wife "You're arguing with a seven year old."

    --

    INSERT INTO comment VALUE('Doh!') WHERE user='you';
  68. "Moron SCO code snippets"? by bucketman · · Score: 1

    That can't be right ...

    1. Re:"Moron SCO code snippets"? by Little+Brother · · Score: 1
      I agree, because "Moron SCO" is redundant. What's more, it says the same thing twice!

      Note to moderators: just because this post is redundant does not mean it is redundant. If you understand what I'm saying, go ahead and moderate, if not, read the guidelines first to find out what the rating of redundant is supposed to mean. :_)

      The note was bigger than the post... Sad, very, very sad.

      --

      Little Brother, watching the watchers

  69. The REAL plot and intention by Felinoid · · Score: 4, Interesting

    I remember someone saying basicly SCOs case against IBM is not that IBM took code from SCO and put it in Linux.
    But that any code IBM wrote for AIX (under the SCO liccens) is SCOs property as AIX uses SCOs intelectual property as a code base.

    In public SCO clames the issue is purely a matter of SCO property in Linux. Then SCO uses this and related FUD to frighten everyone into NOT suing SCO when SCO dose things like sell Linux binarys or bill Linux users for SCOs intelectual property. Things SCO has no legal right to do.

    SCO basicly acts like they own Linux when they have no legal clame to it and use public clames and FUD to frighen anyone who might challange SCOs ownership clame into sillence.

    The key is that SCO must win this lawsute against IBM.

    What SCO is clamming is that any code writen for Unix while under liccens from SCO is automaticly SCOs property. I sereously doupt there is any language in SCOs liccens to back up this clame as IBM would not sign a contract with such an extream clame. IBM knows better. I think SCO is using the case of "implied ownership" and you probably won't find that term or anything like that term in legal text becouse I don't think implied ownership is recognised.

    Microsoft attempted to pull something similar to what SCO is pulling way back. The part when SCO clames that SOME of SCO code is in Linux makes ALL of Linux now SCOs property.

    Microsoft worked with IBM to improve OS/2. Microsoft then released Microsoft OS/2. The corts rulling is relevent to this in many ways.

    First it clames that IBM retains ownership of the name OS/2 and the code IBM wrote for OS/2.
    But it also clames that any code Microsoft added to OS/2 Microsoft may use any way Microsoft fits. They however do not have any right to code IBM wrote.

    So basicly IBM did not give Microsoft the rights to IBMs code or OS/2 trademark. The Linux community did not give SCO rights to the Linux code or Linux trademark outside of the terms of the GPL liccens.

    Microsoft did give IBM code so IBM can use it in OS/2 but Microsoft may also use that same code anyplace else Microsoft wants. IBM did put code in IBMs flavor of Unix and didn't actually give it to SCO so it's not clear if SCO can do ANYTHING with the code. But IBM still retains ownership of that code should IBM use it in Linux, OS/2 or any other IBM product.

    Finally IBM clames to have not extracted any code from AIX for Linux to prevent contaminating Linux with someone elses intelectual property.

    Becouse the infringment is supposidly between AIX and Linux not Unixware and Linux it's quite likely in my opinion that SCO dosen't actually have the code in question to make any compairisons with and instead SCO is using a compleatly diffrent approch by using behavure as the metric. But as any good programmer will know you can arrive at the same behavure with diffrent code.

    IBM could shread AIX and Linux and post the results...

    --
    I don't actually exist.
    1. Re:The REAL plot and intention by Stevedust · · Score: 2, Funny

      Felinoid, I think your spill chucker's bracken...

  70. Hey, that's money, too... by MuParadigm · · Score: 1


    Not until the probablity function collapses. And the odds make it highly unlikely that the function will collapse in the manner they desire.

  71. MOD PARENT UP, PLEASE. by Kardis314 · · Score: 1

    check out the link in the parent post.

    --
    - It was the best of times, it was the blurst of times. Stupid Monkey!!
  72. Your semi-daily stock ticker by y2imm · · Score: 5, Insightful

    SCO GROUP INC (NasdaqSC:SCOX) Quote data by Reuters

    Last Trade: 17.75
    Trade Time: Sep 12
    Change: Up 0.24 (1.33%)

    Posting to Slashdot on SCO's balderdash is preaching to the choir. Try chatting up your local investment firm manager. Bring your same verve for debunking SCO's house of cards to a financial investment manager. Got a 401K? An RRSP? Call your broker/advisor/coin tosser and tell them to drop SCO from YOUR portfolio. And explain to them why they should. Yeah, I know, who's going to listen to one complaint? Slashdot has more than a few readers, and I imagine some of them have investments. SCO stepped on your turf. So take the fight back to theirs.

    1. Re:Your semi-daily stock ticker by MikeBabcock · · Score: 2, Insightful

      Targetted complaining is what has made america's special interest groups thrive. They make money because they're good at complaining to the right people about the right things.

      As a community of semi-intelligent geeks, lets put some more serious effort into sharing our knowledge of 'reality' in our geek worlds with those with the power to change things.

      This goes for the RIAA story too ;-)

      --
      - Michael T. Babcock (Yes, I blog)
  73. Bill Gate's : .Not and windoze fud by Anonymous Coward · · Score: 0

    Bill Gates: Come McBride lemme do it all nite to you.

    McBride: Master I am doing what you told me to do spreading fud on Linux.

    Bill Gates: Yes I am spreading fud on Java to make .Not look good.

  74. SCO hurting Court Case? by attobyte · · Score: 2, Interesting

    Is SCO hurting their court case by being big mouths. I mean can the referance all the press release and the code they showed at the fourm as if SCO doesn't know what they are talking about?

    --
    I didn't use the preview button, so get over it!!!!

    Mike

    1. Re:SCO hurting Court Case? by bstadil · · Score: 2, Insightful
      Is SCO hurting their court case by being big mouths

      Sure they do, notably in the case filed by Redhat

      The IBM case is a little more focued around what constitute "Derived Code" so maybe less so there.

      That being said the 10'th claim in IBM's response states that SCO is not intitled to any relief since they didn't do anything to mitigate damages. The latter is an affirmative defense, and the fact thay took the time and effort to release press release after press release yet did nothing to mitigate the alledged damages makes it almost impossible for them to win this case

      Lastly they have to crawl the first 9 barrieres first.

      --
      Help fight continental drift.
  75. HOW TO: make $350K+/- in less than 1 month! by Anonymous Coward · · Score: 3, Interesting

    It's easy, it's fun! As long as you are an insider trading in SCOX stock. Take, for example, Reginald Broughton, Senior Vice President (vice has a whole new connotation when used in reference to SCO execs):

    Look at this page http://finance.yahoo.com/q/it?s=SCOX , add *only* the transactions dated from Aug 19 (note: There are others he has made cashing in on this stock) to the proceeds from stock sale Sept 7 (filed 9th) (another $90K worth) http://edgar.sec.gov/Archives/edgar/data/1102542/0 00110254203000059/xslF345X02/edgardoc.xml

    My prediction: The real reason Open Source and Linux will fail is because it cannot provide income like this... ;)

  76. SCO sues wheat producers and ADM by Anonymous Coward · · Score: 0

    In the recent news SCO is sueing all wheat producers
    SCO is claiming that kernel is a System V unix copy right word if the wheat producers want to use kernel they have to license $1000 each.

    SCO is sueing ADM (Archer Daniels Midland company) for 4 billion dollars for IP damages.

  77. English tons by Lispy · · Score: 1

    We sure need English tons. They have BSE all over it. ;-)

  78. SCO targeting the GPL? by mdblake · · Score: 5, Interesting


    The Q&A with McBride in Computer world contains one of the first clear (re)statements of SCO's (current) intent. In the interview, McBride's tone towards Linux is carefully conciliatory, conveying an attitude of "We accept that Linux will be around for a while, so let's find a way to work things out."

    The 'problem' with Linux that needs to be resolved, he says, is the GPL. Or, as McBride puts it:

    "If we're going into a new business environment around Linux, well, let's ask the question right upfront: Does the free business model work? Everything we've looked at, whether it's free Internet, free telecom, free music, all of these things tend to, for one reason or another, not work over an extended period of time. Clearly, the free model just about killed our company, and I would argue that it's going to kill a lot of other software companies if the GPL [General Public License] is able to gain a foothold and run rampant throughout the industry."

    This statement first trots out the old "free software means free as in beer" misinformation and then proceeds with the explicit mud slinging about how the GPL will "kill" alot of companies if it is permitted to "gain a foothold" and "run rampant." Yikes! Scary stuff, if it were true. This bit of FUD is well formulated to push the fear buttons of your friendly neighborhood PHB.

    And it raises many more questions. Like:

    (1) Will the mainstream media eventually bite this SCO spin and spread the slander against the GPL?

    (2) Will a significant portion of the open source community one day buy into this characterization of the problem, and allow the thin edge of the wedge that McBride has presented to fracture the community?

    (3) Is Microsoft behind this FUD campaign against the GPL, which, at minimum, they must find exceptionally agreeable?

    (4) Even if Microsoft and SCO aren't coordinating their attacks against the GPL and the open source community, do the similarities in their attacks indicate a fundamental hostility that we can expect capitalists to hold against the free software model?

  79. Godwin's Law has ben invoked, please stand by... by EvilAlien · · Score: 3, Informative
    FINALLY!

    Please mod parent up, this is the most significant development in the fiaSCO so far.

    For those who aren't familiar with the legend of Godwin's Law, cheack out How to post about Nazis and get away with it - the Godwin's Law FAQ. Although Godwin's Law is technically a USENET thing, it is frequently mentioned in regards to long /. threads, topics, and the like.

    --
    perl -e 'print $i=pack(c5, (41*2), sqrt(7056), (unpack(c,H)-2), oct(115), 10)'
  80. His Personal Info by Anonymous Coward · · Score: 1, Interesting
    I don't know how accurate it is, but a Google search for ["Darl McBride" UT] yields this response:

    Darl C Mcbride, (801) 424-2006, 1799 Vintage Oak Ln, Salt Lake City, UT 84121

  81. Thanks to whatever moderator... by leomekenkamp · · Score: 1

    Since when does questioning the logic in someone's thinking has to be labelled 'troll'? I only see a question which was answered nicely and balanced by MuParadigm and dancing blue? Ah, well, 'tis slashdot...

    --
    Wenn ist das Nunstueck git und Slotermeyer? Ja! Beiherhund das Oder die Flipperwaldt gersput.
  82. Summary by Kynde · · Score: 1

    "yada yada yada, so we can expect more from SCO along the lines of big claims with no merit."

    Geesh, I could've reached that conclusion even without the yada yada bit.

    --
    1 Earth is warming, 2 It's us, 3 it's royally bad, 4 we need to take action NOW
  83. The time will come... by Anonymous Coward · · Score: 0

    I noticed that SCO stock ownership has gone from less than 1 percent ownership by institutions to about 15 percent since this mess started. At first, that really pissed me off. That means that mutual funds, pension funds, etc are buying into SCO's rancid pile of festering crap they call a case.

    However, after I thought about it, I think this is great. Eventually, SCO's house of cards will collapse, and they will be a penny stock (or worse) again. At that time, count on a bunch of shareholder lawsuits, and cries for an SEC investigation. Hopefully, this culminates in some prison time for a lot of SCO/Canopy Group scumbag execs. People are in the mood to throw CEOs in jail now, and I couldn't think of a more deserving candidate than our pal Darl.

  84. Book a day off for when the case starts by Anonymous Coward · · Score: 3, Interesting

    Ok, that might be a little extreme, but I'm quite sure that SCO's first act when the case starts will be to publish absolutely everything they can extract from their computers, right down to the soothingly infinite ramblings of /dev/random.

    It's a little similar to pre-war Iraq - they are threatened, told to provide detailed information of whatever armaments they have, or else. Their tactic is to release so much information that it was actually damaging for the US that they had to spend so much time analysing it, and making very vague press statements when they still weren't sure what was going on. (note: I'd really rather this didn't become a rambling political discussion - I can't remember correctly enough to be sure that the above was perfectly accurate, I was just using it illustratively)

    It's fairly important that what gets debunked gets debunked soundly and quickly. Maybe then the stock would finally start to slump. Then again, I don't know if the would-be evidence will even be made public, I'm not familliar with the American court system, nor any other for that matter. Does any one know if the full claims are going to be available to the average geek?

  85. But wasn't that already done? by Population · · Score: 1

    SCO has a legal team.

    SCO had a semi-public presentation with code snippets.

    Why didn't the legal team go over the code snippets like you say?

    Instead, other people looked at the leaked code and did the research. SCO wasn't doing what you say they should have be doing with the snippets and legal team they had.

    Like the article said, SCO doesn't know the origin of the code and seems incapable of find the origin with their current and claimed resources.

    1. Re:But wasn't that already done? by 91degrees · · Score: 1

      I don't know. Ask SCO. Maybe they did have their legal team go over it. Maybe they figured that the open source people wouldn't be able to do the research.

  86. C'mon Now by sethadam1 · · Score: 4, Insightful

    The best part of "our" case is that we're right. We're just. We're honest. Assuming this is Darl McBride's real personal info, isn't it out of line to start fucking with him?

    Yes, I think he's as much of a prick as anyone else and that he and his cohorts deserve, to some degree, a horrible and painful fate, but I will NOT resort to lowering the bar and hitting below the belt. And furthermore, I'd urge you to do the same. The guy has a family. Leave them out of it. Let him suffer his due when this ends and he's in jail.

    1. Re:C'mon Now by blunte · · Score: 1

      If we all lived in the same town as him, we could do what the right-to-lifers do to people they don't like... carry signs and walk the street in front of his house 24 hours a day.

      But, we live all over the world, and we're represented (at least in the US) by government employees who either have no power, or have no interest to help.

      So perhaps one thing that will work is social pressure. It seems to be working against spammers. It's also several steps nicer than creating a fund with the goal of sending him a black limousine...

      Vigilante justice is a last resort, but one none the less.

      --
      .sigs are for post^Hers.
    2. Re:C'mon Now by Anonymous Coward · · Score: 0

      Well, I think all you slashdot people are just IP theives. You are not smart enough to create your own code, so you steal other peoples. Your bullshit GPL is a communist inspired virus that guarantees that all corporations will die. You probably use an American flag as a door mat.

      Don't think so? I dare you to call me at (801) 424-2006 and tell me how I am wrong. :p

    3. Re:C'mon Now by dossen · · Score: 2, Funny
      ...NOT resort to lowering the bar and hitting below the belt...

      You are right, we should take the high road. But just for a little while it is nice to fantasize about taking that bar (preferebly a bar of uranium or some other heavy metal) and dropping it below McBrides belt.

    4. Re:C'mon Now by fireman+sam · · Score: 1

      ...NOT resort to lowering the bar and hitting below the belt...

      Personally, I think we should raise the bar to about head height and swing :)

      --
      it is only after a long journey that you know the strength of the horse.
    5. Re:C'mon Now by WNight · · Score: 1

      Why shouldn't his family suffer? That's like saying his car shouldn't be reposessed because his wife, who doesn't follow what SCO does, drives it too.

      He's perfectly willing to ruin my family's life if he thinks suing me will help.

      He should suffer exactly the same fate he's dishing out. This namby-pamby, "we're the good guys, we suffer in silence" attitude is why this shit happens. If Enron execs actually had their ill-gotten money taken away and were tossed into prison as long as you'd be if you embezzled from your job, we might see less of their fraud and lies. If their families could be hurt (lose their houses and cars that dad money paid for) they might encourage him to a more law-abiding lifestyle.

    6. Re:C'mon Now by morleron · · Score: 1

      It wouldn't hit anyuthing of importance.

      Ron

      --
      Impeach Barack Obama for violating the Constitutional requirement to be a "natural born" citizen to hold the office of P
  87. Name Besmirched by N8F8 · · Score: 1

    For the rest of my life I'm going to be prejudiced against SCO employees and anyone named McBride. Kind of sad.

    I'm doubly suprised we havn't heard more from prior SCO employees. At one point I was kind of impressed by the Open SCO program and their release of old Unix code. I know McBride will make a bundle off this either way. If you see him in person remember to call him a pigfucking thief to his face. Especially if he's in front of his family.

    Oh well, my belief that greed is the central human motivator is reinforced. That and 70% of the population is made of of mindless cows. Mooo.

    --
    "God fights on the side with the best artillery." - Napoleon, Marshal of France - speaking truth to power
    1. Re:Name Besmirched by Little+Brother · · Score: 1

      I think you give 29.9 precent of the population to much credit.

      --

      Little Brother, watching the watchers

  88. Our coverage does help. by Population · · Score: 1

    The people gambling on the stock will do so no matter what. It is just a gamble.

    But, our public record of the history and derivation of the code can be used to defeat SCO in court. We can do more research than IBM's legal team because we have more people with more experience with the code and the history.

    SCO's executives will make money on the pump-n-dump scheme. Until the suit comes to court, there's really nothing that can stop them. After the judgement, we'll see what the SEC does.

  89. Sorry, affect, not effect. by HiThere · · Score: 1

    The last sentence, while correct, isn't what I intended. It should have been:
    You don't let the contents of the story affect your beliefs about reality.

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  90. blast manpage by Jeremy+Erwin · · Score: 1
  91. SCO is admiting the use Linux code by Tuqui · · Score: 1

    SCO in their home page is displaying the UNIX System Development Timeline with is a very pretty Linux historic tree
    Here
    What I found is that there is not Line derivated from SCO OS code to Linux 2.4 as they are affirming in their own FAQ. But what is more interesting is that there is a Line from Linux code to Unixware just before the inscription \"Linux 2.4.0 Test 12\". If their own page is showing proofs that they are lying, what McBribe is doing is Fraud. And the stock owner of fiaSCO must put him and accomplices at jail.

  92. 32V by Rock+Ridge · · Score: 1

    Is 32V free? I read that the court ruled that AT&T didn't properly copyright the material, so does that mean that we can use things from it?

  93. Linuxworld article quality (or lack thereof) by Anonymous Coward · · Score: 0

    I think SCO is probably wrong and is probably going to lose in court. However, the article referenced at Linuxworld in this story is really poorly written. It's a painful read.

  94. I know how to make SCO stock tank by 74Carlton · · Score: 1

    All I have to do is buy some.

  95. I don't understand this . . . by Idou · · Score: 1

    "They could be "throwing" everyone off by making themselves look like idiots. Has it dawned on anyone that maybe the code snippets that were leaked were meant to be leaked?"

    It would be much more effective for them to leak actually infringing code. Sure, then it would immediately be taken out of the kernel, but they wouldn't leak ALL of the infringing code. This would have VALIDATED their claims, even though this would be at the sacrifice of some of their precious "hostage code." This has really hurt their case, though.

    No, basically they LIED when they claimed they were showind infringing snippets, and there is no advanage to their case, what so ever. You can't expect to ALWAYS lie about everything and expect it to convince people. They may be smarter than we think, but here they really screwed up.

    For instance, later, when the SEC actually gets its butt into gear, they will have a documented instance where SCO said they were showing infringing code (which, no doubt, would cause investors to buy their stock), which was, in fact, not infringing. Not a smoking gun, but stuff like that accumulates and will eventually put you in prison. And though it might be hard to prove fraud, gross negligence can result in just as harsh a sentence .

    --
    Sdelat' Ameriku velikoy Snova!
  96. Explanations by mic256 · · Score: 1
    But that any code IBM wrote for AIX (under the SCO liccens) is SCOs property as AIX uses SCOs intelectual property as a code base. SCO doesn't claim they own copyrights to the code.
    SCO's complaint relies heavily on a 1985 license agreement between AT&T and IBM. While SCO's complaint quotes extensively from that agreement, it makes scant mention of the "side letter" to that agreement, which SCO filed as Exhibit C to its complaint. That side letter expressly permits IBM to create new products using "ideas, concepts, know-how or techniques" found in the UNIX code, as long as the programmers creating the new products do not (1) copy code from UNIX or (2) refer to the UNIX code or manuals in creating those new products. In addition, on page 2 of the side letter, AT&T agreed that "modifications and derivative works prepared by you [IBM] are owned by you." Thus, unless IBM actually copied UNIX code into its Linux contributions rather than re-coding the ideas it found there, its contributions to Linux were probably proper.
    Quoted from an article on zdnet. AFAIK (and I might be wrong, since no one talks about what SCO has written in their accusation presented to the court, but only about their press released) SCO merely claims, that these deriavitives (i.e. JFS) are / were trade secrets and that IBM breached the contract by releasing them under the GPL. I thought that was all, but then someone told me they also sue for direct copyright infrigments, but I don't know the details. *Does anybody know what they exactly accuse of*? Can anybody explain in layman's terms what this lawsuit is about (trade secret - what does it apply to, copyright infrigment - what does it apply to, etc)????
    1. Re:Explanations by frkiii · · Score: 1

      No claim of copyright was made in the suit of SCO vs. IBM.

      There are four "causes of action", which basically boil down to a breach of contract, damage as a result of that.

      Only copyright infringement claims or hints have been made in SCO press releases or interviews.

      The SCO vs. IBM suit is not about copyright infringement in any way.

      Additionally, if you just see SCO's press releases and interviews, and the responses to them, you are missing the main point of what SCO is claiming in a court of law. The original and amended suits that SCO filed can be found on the web, I do not have the links still, but they can be easily located by googling for em.

      Regards,

      Fredrici

  97. The guy is a sociopath by Idou · · Score: 1

    "You think pro sports stars have got it bad as they're driving home after the game when they've gone 1 for 10 and missed five three-pointers."

    How can this guy even believe he can possibly relate to athletes who devote their lives to a special talent!?What talent does it take to be grossly negligent and then try to make up for it by making fraudalent claims? That is not talent but a mental illness.

    What makes him any different from the guy who claims that he is "famous" for going on a road rampage and ramming innocent drivers in a police chase? We are witnessing someone who has totally lost touch with reality and probably won't figure things out until he is well behind bars.

    And if I were Mormon, I would be extremely embarassed by his behavior. All Mormons I have met have had extremely well rounded characters, and it is really a shame that Daryl is not just damaging his own public image, but all other groups he "claims" to belong to.

    --
    Sdelat' Ameriku velikoy Snova!
  98. Awwww... by Anonymous Coward · · Score: 0

    Shame on you, you're going to be responsible for the death of a corporation! I'm no expert, but having dreams about about somebody cutting your balls off and running off with them doesn't sound good to me! Darl: "Bwahahahaha. Mom, mom, it isn't fair! That big bully, GPL is cheating. If Chewbacca lives on Endor, you must acquit!

    This Comment was generated with the Comment-O-Matic for SCO Stories.

  99. WTF is SCO using for version control? by Tackhead · · Score: 3, Insightful
    > This is not so surprising at all since their claims are all baseless from the beginning, but filing $3B lawsuit against someone WITHOUT solid evidence and/or enough research will probably strengthen IBM's counterclaim against SCO of damaging IBM's business with false claims.

    Which makes me wonder... what the fuck is SCO using for version control if they can't look at the history of their own code?

    And if SCO does submit changelogs (or is forced to divulge them during the discovery process), is there any way that IBM will be able to determine whether those changelogs were forged or not?

    Given the recent history of SCO making demonstrably false statements in the press, I'm beginning to think that they might well do the same when it gest to the courtroom - except with non-demonstrably false statements.

    If they do it, it's called perjury. But if they forge a set of CVS or RCS changelogs, how the hell do you prove it?

    1. Re:WTF is SCO using for version control? by morleron · · Score: 1

      I'm sure that SCO's version control system exists on a roll of toilet paper somewhere.

      As for them forging CVS or RCS logs I don't think they've demonstrated the technical ability to do that sort of thing. Personally, if I were defense counsel and such logs were introduced I'd demand that the original hard drives be required as evidence and that people expert in computer forensics be allowed access to them just to check for the sort of thing you're talking about. I mean, ya gotta know that McBride doesn't know a thing about say a .history file or file system time stamps, etc.

      Actually, if they introduce tainted evidence that would just be a quicker way to end this nonsense. It would also shorten the length of time required before Mr. McBride would be viewing the world from behind bars. Let's hope they're stupid enough to try it.

      Just my $.02,
      Ron

      --
      Impeach Barack Obama for violating the Constitutional requirement to be a "natural born" citizen to hold the office of P
  100. SGI Copyright by empereur · · Score: 1

    There's one thing I doesn't get: If the code in question was indeed written by Dennis Ritchie or Ken Thompson in 1973, why and how it got copyrighted by SGI?

  101. bre-x by Anonymous Coward · · Score: 0

    Sooner or later all the idiots who have money caught associated with SCO are going to loose most if not all of it. Then they will sue the company executives... The proper way of taking advantage of this is having a drink when they go down and laughing at all the investors.

    1. Re:bre-x by Pharmboy · · Score: 1

      Sooner or later all the idiots who have money caught associated with SCO are going to loose most if not all of it. Then they will sue the company executives... The proper way of taking advantage of this is having a drink when they go down and laughing at all the investors.

      Actually, this is about the most sensible idea I have heard. Any geek trying to buy/short stocks on this one probably needs to check out "Gamblers Anonymous". There is a non-geek day trader wannabe in our office who said "Man, have you seen what SCO's stock is doing?". I really don't like him, so I just said "no" and moved along, leaving him to his own devices. :D

      --
      Tequila: It's not just for breakfast anymore!
  102. The author of the article needs to read by X · · Score: 2, Informative

    SCO's comments do not indicate that it was news to them that the code emanated from SGI. All they said was that word got out that SGI was the source, and they were fielding a lot of questions about it, so they went public with their position. It was news to the public, not the SCO.

    They don't flat out state it, but from their comments it seems likely they've been in negotiations with SGI on this matter for quite some time. Given that some of this code was from XFS, they'd have to be complete idiots not to know that it likely came from SGI.

    --
    sigs are a waste of space
  103. Re:Godwin's Law has ben invoked, please stand by.. by Anonymous Coward · · Score: 0

    I heard that the Nazis has a similar FAQ, therefore, I won't read it.

  104. SCO utilizes Microsoft's (UNIX) technology? by Anonymous Coward · · Score: 1, Informative

    http://www.microsoft.com/presspass/press/1997/Nov9 7/scopr.asp

    REDMOND, Wash.-November 24, 1997 - Microsoft Corporation today applauded the decision of the European Commission to close the file and take no further action on a dispute between Microsoft and Santa Cruz Operation (SCO) involving a 1987 contract. The Commission's decision follows progress by Microsoft and SCO to resolve a number of commercial issues related to the contract, and upholds Microsoft's right to receive royalty payments from SCO if software code developed by Microsoft is used in SCO's UNIX products.

  105. McBride? That you? by arevos · · Score: 1

    So...McBride reads /. eh? I'm onto you Pavan_Gupta (623567), or should I say Darl McBride! That's right, you can't fool us!

  106. Darl reads Readers' Digest version of Slashdot by The+Monster · · Score: 1
    So Darl, if you are reading this:
    Actually, I strongly doubt that Darl personally reads /. himself. But I equally strongly believe that one or more of his minions reads every single word of every SCO thread here and passes along to the higher pay grades an Executive Summary and anything they think they can use against us to make the case that Evil Slashdot Lunix Hackers are coordinating DDoS attacks against them, etc.
    --

    [100% ISO 646 Compliant]
    SVM, ERGO MONSTRO.

  107. Ok finally I have something to say... by McNihil · · Score: 1

    Microsoft will buy SCO for dirt cheap. Ballmer said they were being smart about things... What implications would it have if MS would have even one of SCO patents? Whether they being against GNU/Linux or UNIX in general? Folks, this is a play that needs to end now.

  108. Darl, you ignorant slut... by Anonymous Coward · · Score: 0


    Couldn't resist.

    -dan akroyd

  109. What Canopy missed by Anonymous Coward · · Score: 1, Interesting

    I think Canopy missed the amount of news coverage they would get. That is, news organizations have noticed that they get an awful lot of clicks when they post a SCO story, so they are writing a lot of SCO stories. And the more stories they write, the more ugly stuff comes out.

    For comparison: in August 2003, Canopy settled a suit against Computer Associates for $40 million. But that's not generating a lot of news stories, so not a lot of PHB's are getting the message that Canopy are litigious fucks that you really don't want to sign any contract with, ever.

    Look what's happened to SCO's plan to invoice Linux users. Whether SCO meant to actually collect money, or just scare people, it's pretty clear now that if SCO mails out mass invoices, copies of those invoices are gonna get printed on the front page of news sites that PHB's with checkbooks actually read. Which is not good for SCO.

  110. Microsoft statement on SCO lawsuit by Animats · · Score: 3, Interesting
    Here's what a Microsoft regional director said to the press:
    • The third issue is licensing. Linux people don't believe in Intellectual Property Rights. This is the biggest problem in the Linux world. How can one be sure that the code of software that has been contributed by programmers across the world to create this Linux software is unique and is not lifted from somewhere else? This is a big legal concern.

      That is what the latest SCO-Linux lawsuit is all about. Now SCO is suing every single user of Linux because they believe parts of their UNIX code is being used in Linux. As a matter of fact, the Gartner Group came with a recommendation that every customer should stay away from Linux until this problem is sorted out. This is a serious issue. The model is broken basically.

    That's a published example of FUD being deliberately spread by an official Microsoft representative. Until now, it's been hard to definitively tie Microsoft into this. But this statement provides clear evidence that Microsoft is behind it all.
    1. Re:Microsoft statement on SCO lawsuit by Little+Brother · · Score: 2, Insightful

      That's like saying that because George W. Bush benifited so much from his own political FUD campain after 9/11 he must be behind the attacks on the World Trade Center. While either is possible, it really needs more evidence to make such an assertion. Microsoft might just be jumping at an opertunity.

      --

      Little Brother, watching the watchers

  111. ! SCO patents by bstadil · · Score: 1
    What implications would it have if MS would have even one of SCO patents?

    Nothing since SCO do not own any patents.

    This has been pointed out quite often. The issue is copyright.

    --
    Help fight continental drift.
  112. Re:What threw me - obvious answer by imbaczek · · Score: 1

    5. PROFIT!!!

  113. The article's author has it wrong by Bananenrepublik · · Score: 1

    The article claims that SCO didn't know that the code shown was copyrighted by SGI. It then concludes from this that SCO don't know _their_ code's history. This is not a valid conclusion, the valid conclusions are that SCO doesn't know the history of Linux' code, and that they didn't even go as far as looking at the copyrights to find out.

  114. Re:SCO's intensions ;) by Flopper · · Score: 2, Insightful

    Yes probably.
    But even when they are paid they'll run out of money anytime and the company is dead. Even a single person like SCO's boss can't be that stupid.
    Ok, they GOT paid the UNIX licenses from Sun and MS.
    It won't have that big impact on Linux anyway. We'll see how this all ends. I agree, they won't win as it looks currently.

  115. Let's have some fun with Daryl... by dcavanaugh · · Score: 1
    I remember seeing some videos of protesters at SCO headquarters. When the inevitable countersuits kick into high gear, we will need similar crowds at whatever courthouse is handling the case.

    Back in the 80's there was a baseball player named Darryl Strawberry. Fans became aware that Darryl was sensitive to criticism, so in many stadiums the opposing fans would go on and on with a taunting chant: "DAR-RYL, DAR-RYL..." This tactic reached a creshendo in the 1986 World Series, as the Boston fans relentlessly chanted whenever Darryl was at the plate, in the field, or visible in any way. It was so loud and persistent, the TV commentators could speak of little else. Boston lost the series, but the fans set a new standard for derrogatory chanting. To this day, ANY player named Darryl (in ANY sport) runs the risk of the dreaded "Darryl" chant.

    Fast-forward to 2003: Many people are angry. Sooner or later, this case goes to a public building. SCO's case is a joke and their CEO just happens to be named Daryl. I see some opportunites here.

    1. Re:Let's have some fun with Daryl... by dextremethorpheus · · Score: 1

      um, actually his name's Darl.

    2. Re:Let's have some fun with Daryl... by Anonymous Coward · · Score: 0

      Misspelling or mispronouncing his name might be an additional insult.

  116. Not the same SCO by Elf-friend · · Score: 1

    The SCO in that article is what is now Tarantella. The dispute in question was over XENIX, the SCO/Microsoft version of Unix. I'm not sure whether XENIX was involved in the sale of UNIX to Caldera (now SCO) by the former SCO (now Tarentella).

  117. Agreed by msobkow · · Score: 1

    Maybe instead of harassing SCO's execs directly, people could make sure that their own business manager's and clients know about the SCO issues.

    Don't flame, don't make false accusations -- just forward the pertinant quotes and links from slashdot articles to the people you know who are in the financial businesses. Your accountant, your own broker, your bank manager, etc. Find out if your 401K is investing in SCO -- and demand your share be invested elsewhere. Put it in writing, too, and threaten them with charges if they continue to invest in a stock you know is being illegally pumped. If they don't listen, follow through and send a letter to the SEC with your concerns.

    If we could get the financial institutions taking notice, you can bet SCO will be swatted faster than you can blink -- nobody wants another Enron.

    --
    I do not fail; I succeed at finding out what does not work.
  118. Re:Godwin's Law has ben invoked, please stand by.. by Anonymous Coward · · Score: 0

    you *do* remember the proviso that "any attempt to invoke Godwin's Law in any specific attempt to end a given argument are null and void?"

    You have not invoked Godwin's until and unless you do so in a way that is *not* intended to terminate the argument.

  119. And Waiting, and waiting, and waiting... by BoogieChile · · Score: 1

    Yeah, don't hold your breath;

    Court date for the showdown with IBM has been set for April 11 2005.

    A year and a half to go. I thought waiting for the first LOTR flick was bad.

    Still, I guess I shouldn't be surprised that they're in no rush to get to court.

  120. ya but by Anonymous Coward · · Score: 0

    run it on the compiled code.

  121. SCO must be mainly lawyers... by Jerry · · Score: 1
    and most lawyers I've met think that a law degree makes them experts in every other field.


    SCO's lawyers "should have known" the history of their poster child code examples.

    --

    Running with Linux for over 20 years!

  122. More problems with democracy by Merk · · Score: 1
    • There's no incentive to learn about the issues. Your vote is worth the same whether you know what you're voting about or not.
    • The issues are typically too complex to be dealt with in a soundbite, but the way the news works, only soundbites are carried.
    • It is too easy for a politician to do things that benefit them, rather than their constituants, so they do so.
    • The election process takes years, so a politician elected to a 4 year term starts campaigning after 2 years rather than spending 4 years governing.
    • Being a good politician and being a good governor are different jobs. Good politicians can win elections, good governors can make sound policy decisions. Rarely does policy truly come into play in elections.

    Democracy is a failed experiment, time to try another one. PS: Before you misquote Churchill and say "Democracy is the worst form of government, except for all the rest", at least admit that we haven't really tried all the rest, and maybe it's time to give some of them we have tried a second look.

  123. Re:Godwin's Law has ben invoked, please stand by.. by Lonath · · Score: 1

    you *do* remember the proviso that "any attempt to invoke Godwin's Law in any specific attempt to end a given argument are null and void?"

    You have not invoked Godwin's until and unless you do so in a way that is *not* intended to terminate the argument.


    I read it as the first person to involuntarily invoke Nazis leads to a situation where you can invoke Godwin's Law. (OTOH, the FAQ the parent had said that the thread may devolve into arguments over what Godwin's Law means...so eh :P)