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SGI Compares Linux & System V Source Code

mrgoatCEO writes "It seems SGI has finished up their test comparing SCO's Unix System V code and that of the Linux Kernel, according to ITWorld. SGI found that any similarities between the systems (amounting to only about 200 lines of code) have been removed in Linux Kernel 2.4.22, and added that the similarities were 'trivial in amount.'" This follows moves by SCO to terminate SGI's Unix license.

88 of 406 comments (clear)

  1. reminder about shares by Neophytus · · Score: 4, Interesting

    Keep a watch on those stock prices and insider trades. Its not like they are even trying to hide it any more.

    1. Re:reminder about shares by Geccoman · · Score: 3, Insightful

      The top dogs are set to make a fortune off of this whole fiasco. I sure hope that SOMEBODY in the SEC is watching.

      --
      I'm on a chair.
    2. Re:reminder about shares by PowerBert · · Score: 5, Interesting

      The writing is on the wall.
      They're not just dumping stock. According to El Reg they dropped a reseller of 30 years today.

    3. Re:reminder about shares by FuzzyBad-Mofo · · Score: 2, Interesting

      Those insider sales strongly remind me of how rats jump off a sinking ship..

    4. Re:reminder about shares by FuzzyBad-Mofo · · Score: 5, Informative

      "Monninkhof tried to reason with SCO, but didn't succeed. At first SCO agreed to talk, so Monninkhof flew to SCO's headquarters in Utah, but learned that there was no-one to meet him and that visitors were not allowed in the building. Security then escorted Monninkhof off the premises. He was also given a letter indicating that his company was no longer welcome at SCO Forum."

      If there was any doubt about the kind of people running SCO these days, this should clinch it. Damn cold..

    5. Re:reminder about shares by Chicane-UK · · Score: 5, Funny

      Heh.. it wasn't that SCO didn't want to meet him.. its just that their entire company now consists of lawyers, and the upper upper management. They were all too busy preparing press releases and law suits to come down and meet him ;)

      --
      "Hey! Unless this is a nude love-in, get the hell off my property!!"
    6. Re:reminder about shares by Ark42 · · Score: 4, Informative


      For the lazy, since June 20 it looks like they have sold shares for a total amount of $2,747,819

    7. Re:reminder about shares by southpolesammy · · Score: 3, Insightful

      You know, in certain circles, this is intolerably rude. This guy flew halfway around the world to meet with a long-time partner, and their response was to blow him off? At least SCO should have offered him the courtesy of a polite "thanks for coming, but our business is concluded" type of face-to-face response. But instead, they've burned yet another bridge.

      You'd think that with so few "friends", SCO would at least want to keep from turning such people into enemies.

      Of course, there's always one other possible reason -- SCO's headquarters are empty. No one resides there, and in fact, The SCO Group is the shill for The Canopy Group that we all believe it to be. That would explain why no one came to greet him -- no one was there.

      Anyone in Utah care to help out a do a little legwork for us?

      --
      Rule #1 -- Politics always trumps technology.
    8. Re:reminder about shares by antibryce · · Score: 4, Funny
      They were all too busy preparing press releases and law suits to come down and meet him ;)


      Given the general spiritual realm I'm sure we all agree lawyers and marketing folks hail from, shouldn't that be "come up and meet him"?

    9. Re:reminder about shares by DeepRedux · · Score: 2, Informative
      According to the link, net insider sales in the last six months of SCO have been 2.1%. The corresponding numbers for VA Software (LNUX - owner of Slashdot) was 24.4% and for Red Hat (RHAT)19.7%.

      If insider sales at SCO are predicting something, what does it mean that the insider sales of LNUX and RHAT are an order of magnitude larger?

    10. Re:reminder about shares by jandrese · · Score: 2, Informative

      You are aware that many countries format dates in the highly sensible DD/MM/YYYY format, right?

      --

      I read the internet for the articles.
    11. Re:reminder about shares by ErikJson · · Score: 4, Funny
      This looks funny
      19-Aug-03 BROUGHTON, REGINALD CHARLES Employee
      19-Aug-03 BROUGHTON, REGINALD CHARLES Senior Vice President

      26-Aug-03 BROUGHTON, REGINALD CHARLES Senior Vice President
      2-Sep-03 BROUGHTON, REGINALD CHARLES Employee

      11-Sep-03 OLSON, MICHAEL P Vice President
      11-Sep-03 OLSON, MICHAEL P Controller

      Darl: "Ok, now it's your turn to be Vice president. "
      Michael: "Come on! Again? I did that last week!"
      Darl: "There are only five of us eft here, remember?"

    12. Re:reminder about shares by G3ckoG33k · · Score: 3, Insightful

      For the even more lazy, since June 20 it looks like some have bought shares for a total amount of $2,747,819 ;)

    13. Re:reminder about shares by PowerBert · · Score: 2, Informative

      It's OK!!!

      I'm not blind or in desperate need of an eyeball polish (mmmmm Claudia Black). On the front page of The Register it says "30 days notice for 30 years business". Thats where it cam from. Yipee!!!

      Oh and Save FarScape!

    14. Re:reminder about shares by Anonymous Coward · · Score: 5, Interesting

      well i happened to have the misfortune of being there two weeks ago.

      I was visiting another company and happened to to walk into there building by mistake.

      Security?? I didnt see any, rather attractive young girl on reception though who didnt seem to know much. I asked for the person i was supposed to be seeing and it took her about 10mins to release they had no one by that name or dept working there.

      Whole building had a really cold dead empty feel to it. On the way out i noticed people coming and going by the side exist loading bucket loads of hardware into (pcs, printers, etc...) into peoples car. Odd i thought.

      Wasnt until i left the meeting i was supposed to be at that i saw the big SCO letter above the building i went to originally!!!

      Anyway from the way people where loading up there cars with hardware it definatly had sinking ship look about it with people grabbing what they could now.

    15. Re:reminder about shares by Nucleon500 · · Score: 2, Insightful

      It seems that in America, we have some law whereby insider trading is OK, as long as you've planned it well in advance and all the transactions are automatic.

    16. Re:reminder about shares by HoldmyCauls · · Score: 2, Funny
      rather attractive young girl on reception

      bucket loads of hardware into (pcs, printers, etc...) into peoples car.

      Maybe SCO is a legitimate company after all. Sounds like a typical tech company to me, with employees focusing on hardware rather than feminine beauty.
      --
      Emacs: for people who just never know when to :q!
  2. *gasp* by Nykon · · Score: 2, Redundant

    No suprise here. We all know that SCO is on a witch hunt, the question that still confuses me is WHY?

    --
    "It's better to be a pirate then join the Navy"
    1. Re:*gasp* by overbyj · · Score: 5, Insightful

      I am really starting to believe the theory put out earlier that this is a a real pump and dump scheme. In Darl's contract, it states that he is in for a big payday if there are four consecutive quarters of profitability. The four quarters are over in February which conveniently is the time the IBM countersuit is supposed to get going again after the continuance.

      As much as this whole fiasco sucks, you have to give Darl credit for being a master at pump and dump here if this is the case. Come February, I would not be surprised in the least bit if there is a sudden resignation by him and he relocates to somewhere in the south Pacific or Carribean.

      --
      No trees were harmed in the composition of this; however, numerous electrons were inconvenienced.
    2. Re:*gasp* by niko9 · · Score: 2, Insightful

      you have to give Darl credit for being a master at pump and dump here if this is the case

      That's like giving credit to Hannibal Lecter for disposing of his victims in a most elegant manner that had anyting to do with fava beans.

      Let's just call him a common criminal and call it a day.

      Thanks

    3. Re:*gasp* by Zathrus · · Score: 3, Informative

      In Darl's contract, it states that he is in for a big payday if there are four consecutive quarters of profitability.

      Not really. If you want the skinny on the stock options and incentives in Darl's contract, go read this.

      In short -- Darl got 100,000 options after one year with SCO (which should have been on or about June 27, 2003). There are another 300,000 options that are vesting at a rate of 8333/month for 3 years. If SCO has 4 profitable quarters then Darl gets another 50,000 shared immediately, followed by 150,000 a year later.

      By those numbers, he'd be well advised to keep the company around for at least a year after securing the 4 quarter deal -- he'd nearly double the shares.

      On top of that, executives can't just call their broker and issue a sell order. Any insider must register for the purchase or sale of shares with the SEC. If you look at the execs of any large, successful company you'll see many have share sale orders out months or years in advance -- because they have to rebalance their portfolios.

      I'm not saying this isn't pump 'n' dump or a variation thereof, but it's not as simple as some of the more ignorant /.ers would have you believe.

  3. the Comparator gets used... by typobox43 · · Score: 3, Interesting

    ... and it seemed to identify some things. However, as the article says, there is much that could possibly be in the code that violates copyrights that couldn't be picked up by something such as that. Honestly, how do you compare something like that? Sure, you could have a group of real humans compare the code, but that will be subjective... certainly whoever compares it is going to be looking at things from their own point of view. The problem is, there are very few neutral people towards this issue that would know how to compare such a thing. (Arguably, there are just as few on SCO's side :-)

  4. SGI calling SCO... by Mr.+Flibble · · Score: 4, Funny

    SGI:Hello SCO!
    SCO:Hello.
    SGI:We have just one word for you.
    SCO:And that would be?
    SGI:OWNZOR!!
    SCO:D'oh!

    Note, the above has been checked against the Linux kernel and System V source and it matches neither. (You hear that down there in Salt Lake City?)

    --
    Try to hack my 31337 firewall!
  5. SCO Response by johnnyb · · Score: 4, Funny

    SCO said that there are still unpatched systems that are running with the "benefit" of those lines of code. Shouldn't that be "weighted down" or "burdened" insetad.?

    1. Re:SCO Response by typobox43 · · Score: 2, Informative

      I was planning on compiling a 2.4.22 kernel myself tonight (actually my first time compiling a new kernel...) After reading that it is supposedly SCO-free, I only want to do it more.

  6. A little more detail please by OzPhIsH · · Score: 5, Interesting

    So, SGI has something we've all been wanting access to, essentially the System V Source. They run a check against the Linux kernal for infingement and only tell us a summary of their findings? Why can't they be more specific? Why can't they say lines 100-110 of module X in Y in the linux kernal came up infringing. They don't have to reveal any "sco owned" code, just what is already opened sourced on the Linux side. I'm I missing something?

    --

    "To lead the people, you must walk behind them"

    1. Re:A little more detail please by Trigun · · Score: 3, Insightful

      They don't want to tip their entire hand too quickly, and they don't want it biting their stock price (if they still have one) in the ass by inferring that the code is infringing as opposed to is conceivably infringing, making the entire debacle a mea culpa for SGI.

    2. Re:A little more detail please by Anonymous Coward · · Score: 2, Insightful

      Interesting quesiton. Let's say you do push the list of infringing lines out .... then the world knows that sco has lines of code that in some sense match those on the list. Thus, the listing of the line numbers is about the same as publishing SCO's code. Kind of like passing a pointer to a private variable is a no-no.

    3. Re:A little more detail please by OzPhIsH · · Score: 2, Informative

      Yeah but some of the stuff that came up they considered trivial and didn't change anything. Even if they are "trivial", they still came up somehow in a match, and a look should be taken at those sources of code in a more open way. Regardless of how trivial or not these findings are, ANY amount of secrecy and undisclosure is simply not a GoodThing. SGI also just commited changes for THIER code, while they had an opportunity to compare the entire codebase.

      --

      "To lead the people, you must walk behind them"

    4. Re:A little more detail please by DrWhizBang · · Score: 5, Insightful

      SGI wants it to be blatantly obvious that they have done nothing to deserve the wrath of SCO. Their approach is differnt than IBM - IBM says "Make my day, SCO. Mess with IBM and feel the hurt!!!". SGI says, "Very sorry, but we don't know what you're talking about. Now please go away?"

      Since SCO is refusing to release that data, SGI does not see any need to - they have clearly washed their hands of the problem, and don't intend to provoke SCO any more than they have to.

      Personally, I am very impressed with SGI's attitude in this whole ordeal - they stay out of it until SCO says something stupid, and then they very matter of factly point out that SCO is wrong, and carry on.

      --
      Schrodinger's cat is either dead or really pissed off...
    5. Re:A little more detail please by OzPhIsH · · Score: 2, Interesting

      I really don't think SGI has anything to lose by telling people just to take a closer look at certain parts of code. SCO has ALREADY revoked SGI's Unix license, what more can they do? There is nothing SCO can do about SGI pointing towards a few sections of linux source with a wink and a nod towards the community.

      --

      "To lead the people, you must walk behind them"

    6. Re:A little more detail please by Anonymous Coward · · Score: 3, Interesting

      Actually, IBM got sued without any prior notice by SCO. For the most part, they've kept quite because any public statements could be used against them in court. Look at IBM's counter claims and you'll see many instances where they are attempting to use SCO's statements against them. This includes statements that SCO has revoked IBM's AIX license even though Novell claims that they have not.

      I'm not saying one is better than the other but I think it's easy to understand where IBM (a conservative company) is coming from.

    7. Re:A little more detail please by gfody · · Score: 2, Funny

      how do you define "infringing" code anyways? Traditional wisdom tells us that if you have a million monkeys with a million computers write a kernel they're going to have some overlapping code.. there are only so many ways to write so many things and even fewer ways to make it optimal so why even worry about it?

      Even if they did come back and found lines 100-200 in some module are similar what can they do to change it? Apart from using a different algorithm if one exists would just changing the code to use different flow control operators be enough.. then the compiler optimizes out whatever extra bs you added to make it look different and then what? Compare the asm output from the compiler for 100 different loop constructs that do the same thing and you may get the SAME EXACT thing.

      What grounds and to what point is any of this SCO crap good for?

      --

      bite my glorious golden ass.
    8. Re:A little more detail please by Anonymous Coward · · Score: 2, Funny

      We need a -1 "First hit on Google" mod.

    9. Re:A little more detail please by Cyno · · Score: 2, Interesting

      But please remember that matching code is not necessarily infringement. The code could have been copied from the Linux kernel into UNIX. No one knows until it has been proven one way or the other.

    10. Re:A little more detail please by DrWhizBang · · Score: 2, Informative
      --
      Schrodinger's cat is either dead or really pissed off...
  7. Good to be kept honest, anyway. by Skyshadow · · Score: 5, Interesting
    In the final analysis, this whole production might end up being a Good Thing.

    First and foremost, it's good to be kept honest -- having other people's IP slipped into your codebase by well-meaning (or otherwise) people is a risk in all development projects. At least with OSS, a company can find the code and get it removed; someday, this will probably be used by a company acting in good faith (as opposed to SCO).

    Second, it'll be nice to have the GPL tested out in court if for no other reason than the ability to point to it and say "it's been tested, it stands up". Given that a lot of important development in the next 10-15 years will be utilizing the GPL as Free-as-in-Speech products slowly displace proprietary fundementals like operating systems, it's important to the industry in general to work out any "bugs" in the GPL and get a prescident established sooner than later.

    And hey, it'll be nice to see McBride brought up on those fraud charges, too -- you can't defraud your investors like this and expect to skate unless you're buddies with the guy in the White House, after all.

    --
    Every year during my review, I just pray the words "slashdot.org" aren't mentioned.
    1. Re:Good to be kept honest, anyway. by the+uNF+cola · · Score: 2, Interesting

      Isn't it possible to sue for 0 damages and test out the GPL THAT way?

      Low cost/damaging way to get that out of the way.

      --

      --
      "I'm not bright. Big words confuse me. But Wanda loves me and that should be enough for you." - Cosmo

    2. Re:Good to be kept honest, anyway. by Pink_Robot · · Score: 2, Interesting

      I really like your thoughts, but you might be a bit idealistic. Do you really think SCO is going to let this reach the courts? Moreover, this recent development makes it less likely that McBride will face fraud charges. Think about it, the whole idea with fraud is that their claims had no merit. SGI has cleared everything up, but has confirmed that there is System V code in Linux. Even if SCO is eventually torn apart, McBride has a solid defense that there is in fact some of their code in Linux, even if it has been cleared out. So, yeah, with any luck any infringing code that is in Linux will be removed, but I think a GPL court case is unlikely and fraud charges are equally far off.

    3. Re:Good to be kept honest, anyway. by Skyshadow · · Score: 2, Insightful
      While technically you could sue for $1 just to get the GPL "tested", I'd prefer to have it actually attacked by people who want to beat it -- how else can you know you can depend on it?

      The best way to evaluate anything is to put it up against real honest competition. Why do you think football teams do real hitting in practice? Why risk having someone get injured when it doesn't count? Because it's the only way to really evaluate how a player is likely to do on the field on Sunday when the games count.

      --
      Every year during my review, I just pray the words "slashdot.org" aren't mentioned.
    4. Re:Good to be kept honest, anyway. by Bruce+Perens · · Score: 4, Informative
      I don't think they'll get to the GPL issue. It will be like the old ATT case, where the court determined that the plaintiff did not have a valid copyright interest in the code in question, and the case ended there.

      Bruce

    5. Re:Good to be kept honest, anyway. by RealAlaskan · · Score: 4, Interesting
      Second, it'll be nice to have the GPL tested out in court if for no other reason than the ability to point to it and say "it's been tested, it stands up".

      That's not going to happen; at least, not with a sane defendent. The GPL doesn't restrict my rights to (for example) the Linux kernel: it adds rights which copyright law would not give me. If I ``defeated'' the GPL in court, I would lose, since I would lose those additional rights. Anyone who considers challenging the GPL will soon find that it's a fight he can't afford to win ... or lose.

      Only an insane party would challenge the GPL under those terms. SCO has talked about it, but they haven't put any of those loony ``legal theories'' in any of their court filings, so far as I know.

      ... it's important to the industry in general to work out any "bugs" in the GPL and get a prescident established sooner than later.

      Well, yes, it is. But we won't be able to do it in court: no one who is compos mentis is going to take us there, or let us drag him there.

      For the tin-foil-hat crowd, Microsoft might gain by eliminating the GPL. The temporary confusion and delay could give them a few months of breathing room. Still, even if they are funding SCO's sillyness, I doubt that ``break the GPL'' is on their list for Santa, let alone a serious plan.

    6. Re:Good to be kept honest, anyway. by bstadil · · Score: 4, Funny
      At least SCO is not 100% dishonest.

      Take their employment section as an example

      --
      Help fight continental drift.
    7. Re:Good to be kept honest, anyway. by DaveAtFraud · · Score: 4, Informative
      That's not going to happen; at least, not with a sane defendent.

      We're talking SCO here; so what's your point?

      On a more serious note, a poster to GROKLAW ran across this SCO product brochure from 2002 which points out that the very features that SCO says infringe on their intellectual property (XFS, JFS, NUMA, etc.) are selling points in SCO's version of Linux. This makes it kind of hard for SCO to claim that they didn't know these features had been included in Linux and their release of the code under the GPL doesn't constitute GPLing the code.

      I could be wrong but this only leaves SCO with three choices:

      1. They can't complain about the features, just individual code fragments. They have just told SGI that fixing the individual code fragments isn't sufficient.
      2. They challenge the GPL.
      3. Drop the suits against IBM and SGI and watch their stock tank.
      --
      They that can give up essential liberty to obtain a little temporary safety deserve neither safety nor liberty.
      Ben
    8. Re:Good to be kept honest, anyway. by platypus · · Score: 5, Insightful

      Ahem, and that's because FreeBSD has the corporate backing it has, compared to linux, heh?

      GPL is all about corporations cooperating (sic!), without fearing to be burned that way.

      Take your MAC OS X = BSD+Darwin+Cococa (no nitpicking about that formula, please).
      Do you really think IBM would feel compelled to contribute something important to Darwin under the BSD license, with the effect to make OS X a better performing server, but without in turn profiting from Apples additions?
      The effect of the BSD license and apples adoption of BSD technology is precisely that from now on no potential competitor of apple will add something to this technology under a free license, if he thinks it might be valuable to apple.

      Oh, and btw. the handful of people being caught by microsofts GPL-is-viral-fud are lost cases anyway.

    9. Re:Good to be kept honest, anyway. by VivianC · · Score: 2, Insightful

      SGI has cleared everything up, but has confirmed that there is System V code in Linux.

      No, SGI has shown that there is common code between the two. There is still a question of ownership. SCO says they own it, SGI says it might be in the public domain.

      --
      Viv

      Gmail invites for ip
    10. Re:Good to be kept honest, anyway. by nmos · · Score: 2, Insightful

      Heck, the GPL is the best thing Microsoft has in its arsenal against Free Software, since BSD-ish licenses and the public domain simply lack the kind of "viral" qualities inherent in the GPL. As long as people are releasing code with a "viral" license, MS can propagate FUD about the license.


      Sure but if all GPL software switched to a BSD style license tommorow then by the next day MS would be spreading BSD FUD. They'd be saying to companies "Do you want to contribute to BSD projects only to have your competitors freeload off your hard work?". Rember FUD doesn't have to stand up to facts or critical reasoning to be effective.

  8. Hmmm, 200 lines out of millions by hattig · · Score: 2, Interesting

    Copyright law allows for reasonable copying, e.g., a few pages from a book. So surely 200 lines of code out of millions would simply be laughed out of court?

    1. Re:Hmmm, 200 lines out of millions by Phosphor3k · · Score: 4, Insightful

      DeCSS is only ~240 lines of code.

    2. Re:Hmmm, 200 lines out of millions by jdcook · · Score: 4, Informative
      "Copyright law allows for reasonable copying, e.g., a few pages from a book. So surely 200 lines of code out of millions would simply be laughed out of court?

      This is profoundly wrong. Copyright law does not allow you to copy a few pages out of a book. It allows you to make Fair Use of copyrighted material. It may be fair use for you to copy an entire book. It may not be fair use for you to copy a single paragraph. There is no "use X many free" formula. People get in trouble believing this.

      --
      Q:How many libertarians does it take to stop a Panzer division? A:None. Obviously market forces will take care of it.
  9. This rose by any other name would just smell by seniorcoder · · Score: 2, Interesting

    Can someone please tell me what SCO really stands for? No I don't mean their morals, which may appear to some untrained observers as unprincipled extortion. I mean does anyone have any good expansion of the initials SCO?

    1. Re:This rose by any other name would just smell by Yobgod+Ababua · · Score: 2, Funny

      I believe the official expansion is "Santa Cruz Operation".

      I also believe that you probably already know that and are instead fishing for more humorous versions.

      Here are some obvious first attempts to get people going.

      Suing Companies Online
      Stock (manipulation) Capitalization Operation
      Stupid Corporate Officers

    2. Re:This rose by any other name would just smell by kasperd · · Score: 3, Funny
      Can someone please tell me what SCO really stands for?

      Here are a few suggestions I have seen a few times (some of them here on /.):
      • Santa Crux Operation
      • Secret Chimps Organization
      • Smoking Crack Operation
      • Some Corrupt Organisation
      • Structured Computer Organization
      --

      Do you care about the security of your wireless mouse?
    3. Re:This rose by any other name would just smell by rot26 · · Score: 2, Funny

      No. It was once "Santa Cruz Operation" but now it doesn't stand for anything, according to them. It's just plain old "SCO", which rhymes with "BLOW", no pun intended.

      --



      To ensure perfect aim, shoot first and call whatever you hit the target
    4. Re:This rose by any other name would just smell by lightspawn · · Score: 4, Funny

      Can someone please tell me what SCO really stands for?

      Star Control Online?
      Soul Calibur Online?
      Speakerbraclet Candletruck Operations?

  10. Run Comparator against BSD now by surfinbox · · Score: 5, Interesting

    "This comparison revealed a few examples of line-by-line copying, but did not determine whether the code was owned by SCO or in the public domain."
    If Comparator were run against the appropriate *BSD (AT&T public source, right?) I wonder how many of offending script segments would be taken as not SCO's/SysV.

  11. Dear SCO by CyberGarp · · Score: 3, Funny

    We here have reviewed you claims and have come to the following conclusions:

    1. We own the code we wrote. Sorry, we got dibs on it. Thank you for your interest.
    2. We can do with our own code as we please.
    3. Now would you kindly bend over...
    --

    I used to wonder what was so holy about a silent night, now I have a child.
  12. Release the sums ... by taniwha · · Score: 4, Interesting

    So SGI ran Eric's program that makes MD5 sums from a source file - why not release those sums so people can do independant analysis? (I can just imagine SCO's lawyers reving up ... "your honor it's a derived work", "we own those numbers" ...)

  13. In a related study... by immel · · Score: 2, Funny

    SGI found that any similarities between the systems (amounting to only about 200 lines of code) have been removed in Linux Kernel 2.4.22, and added that the similarities were 'trivial in amount.'" In a related study, Scientists find that the moon orbits the Earth.

    --

    10 Bits= $.25
    100 Bits= $.50
    110 Bits= $.75
    1000 Bits= 1 byte
  14. Dear Design Pattern, by Letter · · Score: 2, Funny
    Honestly, how do you compare something like that?

    Dear Design Pattern,

    They just implemented the java.util.Comparator interface.

    Love,
    Los Lobos

  15. Unfortunately.... by interiot · · Score: 5, Interesting
    Unfortunately SGI is talking only about SGI submitted code:
    • The point of SGI's comparison was to search for any potential matches between Unix System V and any contributions that SGI made to the Linux kernel, not to vet the software for the entire community, Estes said in an interview. "We are not making any kind of representation at all about anybody else's contributed code," he said.
    So SCO could still potentially be right in saying that IBM submitted a lot of Unix code into Linux.

    Curiously, because SGI has access to both codebases, and know how to run the Comparator, SGI probably has a good idea how many non-SGI violations are in the code (eg. the details may be complicated, but surely they can guess within an order of magnitude). So for now, it's IBM and SGI knowing and not telling, SCO knowing and saying as many ludicrous things as possible, and the rest of us left to speculate until this thing goes to court.

    1. Re:Unfortunately.... by hattig · · Score: 2, Informative

      > So SCO could still potentially be right in saying that IBM submitted
      > a lot of Unix code into Linux.

      That is what SCOs entire case is built upon - their claim that any code put into any form Unix by IBM, SGI, etc, automatically became SCOs property (as far as I know).

      Even though the licence clearly never stated this stuff as far as I am aware. So all the claims by SCO are in bad faith and not valid.

      There is no case for SCO. IBM, etc, are only taking the time to make sure that there are no holes left. I think that SCO will get owned big time when the case actually hits the court. I don't think IBM will do any last minute "agreement" with SCO either.

    2. Re:Unfortunately.... by bluGill · · Score: 2, Informative

      As I understood it, SGI said they examined all their contributions closely to be sure they didn't accidently put SysV code in Linux. They also did a general check for other problems, but did not put forth the effort to be sure there are no non-SGI violations. If there are SysV copyright violations they are difficult to find though. That implys any violations are just potential because it can be argued the code is dissimilear enough that either it was independantly written and similear on good enginnering grounds, or not similear enough to count as a violation.

    3. Re:Unfortunately.... by RevMike · · Score: 2, Interesting
      So it sounds to me like they found SOMETHING but the important thing was that they had nothing to do with it. Otherwise they could just state that a complete comparison didn't turn up anything.

      Then in September SGI carried out its more comprehensive comparison. "SGI continued our investigation to determine whether any other code in the Linux kernel was even conceivably implicated," Altmaier states in the letter.

      This comparison revealed a few examples of line-by-line copying, but did not determine whether the code was owned by SCO or in the public domain, according to the letter. "SGI has discovered a few additional code segments ... that may arguably be related to the Unix code," Altmaier wrote. He added that these segments were "trivial in amount."

      SGI declined to reveal any details on the additional code segments it found, but the fact that its analysis appears to reveal no extensive overlap between the code in Linux and System V is good news for Linux users, according to Gartner Inc. analyst George Weiss.

      I think it is pretty clear that 1) there might be small amounts of infringing code, 2) the amount of potentially infringing code is far less than SCO has said, 3) the infirnging code may even be from common sources copied into both code bases.
    4. Re:Unfortunately.... by PD · · Score: 2, Interesting

      This is so ironic because people bitch about the GPL being "viral".

      I guess the difference is that the GPL specifically outlines the conditions under which a derivative work becomes GPL'ed.

      But SCO's licensing of UNIX seems to incorporate whatever SCO says it incorporates. And that list gets bigger every day.

  16. Re:Terminate License? by xchino · · Score: 2, Insightful

    That's the point, Darl McBride and Co. don't care about what happens after they lose the case, because they'll have already walked away after dumping their stock. They are driving what used to be a decent player in the market into a litigation based enterprise for their own short term gain. I'd have expected the SEC to at least look into this by now, but if it pans out the way it looks, they will either get off scott free, no questions asked, or will be spending some quality time with bubba in an 8x10 cell.

    --
    Everyone is entitled to their own opinion. It's just that yours is stupid.
  17. My Buisness Role Models by niko9 · · Score: 2, Insightful

    When I was younger and running my own buisness, my role models for conducting myself were my hard working immigrant parents.

    They were courteous, fair, always did the right thing by the customer, even if it meant being honest and not recommending work that they didn't need.

    The funny thing is, neither was a high school graduate, coming from the farmlands of Greece, nor were they world-cultured, but they were honest.

    It's becoming increasingly difficult to find people in buisness who earn honestly and don't have that "I have to gouge out your eyes before you screw me" buisness deal mentality.

    Makes 'ya kinda sad; well me anyways.

    1. Re:My Buisness Role Models by Alan+Cox · · Score: 3, Insightful

      Its shortermism - everything in the UK and US is driven around short term results. A lot of real smaller business is driven by the long term , and for the long term you build productive relationships instead

      People want short term results from their banks/funds/pensions, so the banks/pensions want the same so the companies get to suffer.

  18. Over Their Heads? by obsidianpreacher · · Score: 2, Funny

    Step 1: Create awesome and secure OS
    Step 2: License said OS
    Step 3: Accuse others of license infringement
    Step 4: Profit ... no, wait ... multi-billion dollar loss as a result of "no way in hell are we going to win this" lawsuits ...

    --
    topreacher@signature.slashdot.org 1% rm -rf sig
  19. Good news for SCO! by hoof · · Score: 3, Funny

    I just called Geico and saved a bundle on my auto insurance!

  20. Re:Kernel Changelog (fix) by Bigby · · Score: 5, Informative

    "sgi" Changelog information from the 2.4.22 kernel.

    jbarnes@sgi.com[helgaas]:
    o ia64: ACPI fix for no PCI

    jh@sgi.com[helgaas]:
    o ia64: SGI SN update
    o ia64: SN2 update 030528
    o ia64: SN2 update 030630

    kaos@sgi.com[helgaas]:
    o ia64: fix scratch-regs handling in kernel unwinder
    o ia64: unwind.c - allow unw_access_gr(r0)
    o ia64: Trivial stack-size correction in mca.c
    o ia64: mca rendezvous fix
    o ia64: Hold modlist_lock while searching exception tables
    o ia64: Handle SAL rejection of MCA rendezvous timeout value

  21. Misquoted by dtfinch · · Score: 3, Insightful

    The 200 lines part refers only to SGI's contribution to the Linux kernel. A full (though automatic) comparison found several additional matches, though they decline to specify where and say they haven't investigated the origins of the code snippets to see if any are there illegally. It's understandable that SGI's immediate priority is to defend themselves, and not Linux as a whole.

  22. Bank Robbers by blunte · · Score: 4, Insightful

    Bank robbers nowdays, if they manage to get out of the bank with some money, almost always get caught.

    I always think, "Wow! Who would be stupid enough to try to rob a bank anymore?"

    Darl and his gang are simply pulling the stock market equivalent to robbing a bank. They'll make off with some money, but shortly afterward they'll get reeled in.

    SCOX will get slammed once the clue hits the fan for the public here in a few months. Unlike Darl's Ikon lawsuit, which was an altogether different theft than this one, this robbery is right out in public view, and it's not going to go unnoticed.

    Once the party is over and the SCOX investor dupes have lost their money, there will be shareholder suits against Darl and other executive and members of the board. There will be SEC investigations (that should have already begun, but public outcry haven't forced yet).

    The good news for Darl, I guess, is that he'll manage to stash some of the loot for safe keeping, and the business world will forgive him so he can pull another stunt someday in the future.

    We can only hope that he's barred from becoming an executive or board member of a publicly traded company in the future.

    --
    .sigs are for post^Hers.
    1. Re:Bank Robbers by miyoo · · Score: 2, Insightful

      Even assuming the worst about Darl & Co., I doubt they are breaking the law. If they are smart they aren't, since they don't really have to in order to make the scheme work. People who invest in SCOX should know what they are getting into: they're investing in a company that hasn't been profitable historically whose only real value comes from the potential for litigation, and that litigation will be based on allegations that haven't been publicly substantiated yet. To say that SCOX is a risky stock is a giant understatement, even if you believe there is some merit to their claims. Investors who accept that risk deserve to lose their money when it goes south, unless there is patent fraud going on such as Darl knowing full well there is no SysV code in Linux at all and saying there is anyway. My guess is that there is some small amount of copied code in there, and Darl is making a lot of noise but also being very careful not to make any public claims that can be later proven false. People who shell out $$$ for a licence I feel a little more sorry for since they are losing money just for being scared of having to defend lawsuits, but still there's nothing illegal about what SCO is doing. I can offer you a deal where you pay me $1000 and I promise not to sue you for burning down my barn. It doesn't matter that you didn't burn down my barn or that I don't even have a barn, this is still a perfectly legal agreement provided that I'm offering it in good faith and not lying to you about the current oxidation state of my barn. I think we'll find in the end that Darl & Co. never flat-out lied about their case to the press or filed any false documents. Exaggerate? Yes, more than likely, but probably not to the point of breaking the law. But we shall see.

  23. We knew this already - investors didn't by Gubbe · · Score: 2, Insightful

    Thanks for the old news. The Linux community has known for quite some time that there's no infringing code in Linux.
    Those who invest in SCO haven't.
    Why does SGI then release open letters addressed to the Linux community while SCO keeps spewing out financial press reports that are actually read by investors?
    I would imagine that SGI had the resources to actually publish a press release while they are at it, but even after exhaustive thinking (I pondered for 37 seconds!) I couldn't come up with a reason why they are not bringing this to the knowledge of people who hold strings in their hands.

  24. If a SCO tree falls in a forest.... by southpolesammy · · Score: 2, Interesting

    So SCO is terminating UNIX licenses left and right, but no one even notices. Can anyone point to any decrease in sales due to this with any affected vendor? Does this amount to the general opinion being set that SCO is now being ignored and good luck with enforcing any such lawsuit?

    Is this meek whimper the final end of SCO?

    --
    Rule #1 -- Politics always trumps technology.
  25. Dilbert quote: by mike449 · · Score: 5, Funny

    Dogbert: I can't tell you my plans for the assets of this company...but it rhymes with 'village'.

    Dilbert: I hope it's "fillage"...

  26. Not That This Matters Any by ONOIML8 · · Score: 4, Insightful

    Some people still don't get it.

    What SGI found makes no difference. In the end it doesn't matter one bit if the Sys V code is the KJV of the holy bible and the Linux code is actually a Monty Python script in chinese.

    None of this matters.

    Why?

    Get it thru your heads people, this is all about stock prices and what the executives can liquidate and move out of the country. They don't give a rats arse about collateral damage and the facts don't have a role in this game.

    I've lived thru this before with Gulf Resources and the Bunker Hill Superfund.....believe me this is no different. It's all about a few people taking the money and laughing their way to some off shore bank.

    Please do not let facts like this SGI thing distract you from the truth. Believe me, SCO isn't.

    --
    . Quit playing Monopoly with Bill. Switch to one of many non-Microsoft products today.
  27. Shifting names by mcc · · Score: 5, Informative

    Originally SCO stood for "Santa Cruz Operation".

    Eventually, SCO sold off its OS division, the one that made SCO UNIX and coincidentally happened at the time to own the original Unix copyrights (having bought them from Novell in 1995), to Caldera, a linux company. The remainder of what used to be SCO, the part Caldera didn't buy, is still operating under the name Tarantella.

    Caldera, after buying SCO UNIX, changed its name to "The SCO Group." SCO doesn't stand for anything here. It's just "The SCO Group". Shortly after this the company's co-founder, Ransom Love, was replaced as CEO by Darl McBride, and SCO began to serve the Wyrm.

    "The SCO Group" is owned by and has since Caldera's inception basically been under the auspices of an umbrella corporation called the Canopy Group. It has been repeatedly theorized that somewhere about the time McBride came in, the Canopy Group gave up on ever making any money ever again on Caldera's projects. Now, goes the theory, the Canopy Group is using the SCO group for no purpose other than as a front/shell company, so that the Canopy Group can engage in illegal but profitable enterprises such as slander, barratry, and fraud, and then when all hell breaks loose as a result and the countersuits start rolling in, "the SCO Group" gets all the blame and takes all the damage and quietly goes bankrupt, and the Canopy Group walks away scot-free.

  28. Re:Speedy McGuire by cens0r · · Score: 3, Informative

    Right to a speedy trial only applies to criminal cases. This is a civil case.

    --
    Jack Valenti and Orrin Hatch will be first up against the wall when the revolution comes.
  29. Re:30, 17, whatever by falzer · · Score: 5, Funny

    > 2003 - 1986 = ???

    Umm... profit?

  30. Re:SCO license issue by ebbomega · · Score: 3, Informative

    First, where did you get a copy of Linux 9? That's some pretty interesting insider work you got going and I'm sure even Linus would be surprised that you got a copy of that.

    First of all, Linux is open source and SCO is not. So how can Linus developers see SCO's code besides using backing tools like decompilers?

    Glad to see you've been paying attention.

    IBM and SGI have access to SCO's code. What SCO's allegations are is that IBM (and if/when they sue SGI they'll say them too) has put SCO's code into linux. So there's a quite plausible way for the code to get into the kernel. Whether or not this involves malicious intent, who knows. Only IBM can really know it and if they are at fault, then so be it. However, SGI, who also has access to SCO's code, has stated that these allegations are shaky at best, and given SCO's consistent counterproductivity in getting this whole issue resolved already and their contradicting arguments and sound bytes upon sound bytes saying they never made the previous sound bytes (Darl McBride is doing an excellent job at munching on his foot) it looks like if they ever did have a leg to stand on, they've since lost it and can bloody well cope.

    --
    Karma: Non-Heinous
  31. And the spin goes on by digrieze · · Score: 2, Informative

    I really can't believe the spin that is being put on this story. Essentially the story boils down to this: "we have looked at the *kernal* and found about 200 lines of offending code which have since been removed" - read - "we were sued for releasing copywrighted code under the gpl. We found 200 code lines we'll admit to and we're NOT TALKING ABOUT THE REST. We did it, we admit it, but we're not gonna admit to ALL of it until we hit court."

    Can anyone see a big hook trolling for an out-of-court settlement? This a big neon "we're guilty as charged, can we negotiate" sign.

    This does nothing but help SCO in the long run.

    --
    It doesn't matter what you wrap your emotions around, Reality is a brick wall specifically designed to scramble eggs
  32. Continuing Revenue or Not - Maybe Relicense by HighOrbit · · Score: 2, Insightful

    It probably depends on what SGI's license contract says and if there was a single one-time lump sum payment or if its a continual trickle of royalties. It it was a one-time lump sum, then SCO (or should I say SCO's predecessors Novell or Tarantula) already has the money and no extra revenue is coming in. This way, SCO can terminate the old license (for which they are not getting any more money anyway) and force SGI to re-license under a more lucrative scheme.

  33. Re:The truth by Le+Marteau · · Score: 2, Informative

    ... and make another quick buck by shorting it.

    SCO can't currently be shorted (I know, I checked).

    Shorting is accomplished by borrowing stock from someone and selling them. The player then pays the creditor back the same number of shares, plus a fee, in the future.

    The hope of the player is that the shares he uses to repay his borrowed shares can be obtained at a lower cost when time comes to pay up.

    In order to short a stock, some entity has to have some of that stock to 'loan'. Here's a shocker: nobody is willing to put up for shorting SCO shares worth appx $15 to recieve the same number of shares (which will almost certainly be worth less) in the future along with a fee.

    --
    Mod down people who tell people how to mod in their sigs
  34. Re:Triviality by Frobnicator · · Score: 2, Informative
    I wonder what the people skewering SCO would say if, for instance, it turned out that Windows XP contained 200 lines of GPL'ed code.
    The FSF deals with this sort of violations regularly, as posted in many places in the FSF website and other places, (see earlier story on linksys routers)

    FSF legal reps have said "Our number one goal in any GPL violation case is to get proper and full compliance with the license; everything else is secondary." And it seems that they don't care if the action is to remove the GPL'ed code or to move to the GPL license, since either one brings them into compliance. If Microsoft were in violation on some point, the compliance would still be one of two things: remove infringing code, or put the code under GPL.

    I trust that Microsoft would choose the first option. 200 lines of code, probably even a million lines of code, could be easily dealt with by a company that makes more in annual profit than most companies see in total annual cash flow.

    frob

    --
    //TODO: Think of witty sig statement
  35. Separate rhetoric and the lawsuit by LightSail · · Score: 3, Insightful

    When reviewing the SCO vs. Open Source situation, several elements need to be kept clear. Here are some simple rules:

    1. Classify SCO news as rhetoric or legal. Most press is rhetoric only, very little actual changes to legal situation.

    a. If rhetoric, compare against previous statements to see if new claim or re-hash / forking of previous rhetoric.

    b. If re-hash / forking, compare if clarifies previous rhetoric or obfuscates rhetoric on a subject.

    2. If legal, ask if purpose is to resolve dispute or lengthen proceedings.

    a. If lengthens proceedings, determine if validity vs. delay factor.

    SCO had only nebulous contract claims to derivative works on the thinnest of definitions in its lawsuit. SCO repeatedly blathers on and on over other issues that it has not yet added to the litigation. IBM raised the level of litigation with copyright and patent issues. IBM also raised the General Public License issue.

    SCO has a long history of contentious statements about the GPL while continuing to use it to this very day. SCO showed a detailed knowledge of the GPL. SCO based their IPO on the GPL. SCO released several of their applications under the GPL. SCO still ships a large amount of GPL applications to improve the usability of their UNIX product. SCO cannot separate the validity of the GPL when legally disputing Linux and releasing Samba or any of several GNU applications. SCO cannot re-write their history before a court. Their SEC filings are public record, with the GPL included. It seems impossible for SCO to repudiate the GPL given they still have it as a core part of their business strategy. The actual filing of any attempt to invalidate the GPL would place SCO in direct conflict with all the filings that they made to the SEC. Even a win on a contractual basis would not invalidate the GPL, and SCO cannot hope to mount an effective legal challenge against the GPL.

    SCO will attempt to stay in a high public profile and convert that into stock value for as long as they can. Possibly a buyout offer will come in to end the charade.

  36. Re:Why is SGI important to SCO? by spitzak · · Score: 2, Interesting

    The reason SGI is important is that one of the two pieces of "infringing" code that they showed in a slide show came from SGI (the other one was immediately discounted as not being infringement and nobody ever seems to mention that one anymore).

    They probably had no idea where the code came from or did not think it was going to matter. But it was identified and if it really was an infringement it identified an actual guilty party (somebody at SGI). It seems they have to at least make a show of suing actual infringers and thus have been forced to sue SGI.