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Groklaw Outlines More SCO Linux Contributions

An anonymous reader writes "Groklaw today reported that they have discovered another SCO programmer, Tigran Aivazian, who has committed code to the Linux kernel. According to the latest story Mr. Aivazian contributed a microcode update feature, a testing program, and made contributions to SMP and vmalloc. This new story adds weight to earlier stories about Caldera coder Chris Hellwig's additions to XFS, SMP and JFS. " Also on the SCO front, an anonymous reader writes "SCO's last Open Letter has drawn two new responses, one from Red Hat cofounder Bob Young, and the other from Jon 'maddog' Hall. 'maddog' makes a carefully reasoned rebuttal that defends the GPL and includes observations like 'How could the founding fathers or the early legislators have foreseen the Web, or even computers?' Young curtly offers McBride the following advice: 'Be less vocal' - making him the King Canute of Linux, perhaps, because it ain't gonna happen anytime soon."

18 of 258 comments (clear)

  1. question... by Clever+Pun · · Score: 4, Interesting

    (note: this is NOT an intentional troll. i'm just trying to understand this issue as best i can. thanks for not kicking me in the teeth :)

    as far as i can tell, the SCO is upset with linux because several of its programmers contributed to the linux kernel, and so SCO feels that it deserves some sort of monetary kickback, right?

    but, if you contribute to something that you KNOW is open-source, don't you, like, forfeit any ability to request monetary compensation for your effort? or am i missing something big here?

  2. Conspiracy Theory by Thunderstruck · · Score: 5, Interesting

    Does anyone wonder...

    1. The technological world moves fast, this is its nature. To slow any portion of it down is to kill it. If you force a technology to wait on slower social systems like justice the world moves on without it.

    2. We saw this with Netscape. Sure they won the case, Mircrosoft was held to be in violation of the law, but by the time the issue was resolved the browser wars were old news.

    3. Is this what we're seeing with SCO? Freeze up the linux community just long enough and the world will pass them by. Are the same actors involved? Does SCO get money from Microsoft? Bill's a smart man, why not loose a battle to win the war?

    ** Insert popular political comment here.**

    --
    Trying to use sarcasm in text-based forums does not work.
    1. Re:Conspiracy Theory by Anonymous Coward · · Score: 2, Interesting
      I've lost my password (and I'm abroad, no access to email so anonymous it is). You're probably dead on, even the paranoid have enemies.

      Time and again a delaying action by a large party has had the effect of destroying a smaller and possibly viable (and even legally in the right) opponent. This is becoming more and more of a viable business tactic as opposed to competition with every time that it succeeds. Wished there was a way to ditch all lawyers, lawmakers and patent attorneys and start afresh. jacquesm.

    2. Re:Conspiracy Theory by segment · · Score: 4, Interesting
      What we saw happen with Netscape, Sun, and MS, was sort of a digital cold war. Netscape and Sun focused too much on the enemy instead of themselves which caused them to collapse. Sort of like Russian and the US during the cold war. Sure Microsoft was found in violation and it meant nothing to them then, and little to them now. Considering all the moronic actions society, and law allows MS to heap on them, kudos to MS for laughing all the way to the bank.

      Now I know it's trollish to root for MS in any case, and I truly don't but think about it... In any other society this wouldn't have happened. Look at what Russia did to their Yukos oil tycoon when he got too big for his own good... Not to say it's a good thing, but how can those in law turn a blind eye to MS' actions... Paying for the FAT system? Shit I thought the cost would have been included on purchase... Thats like buying a car now to have the dealer come back later and say "Oh by the way we will now charge you for using the engine in your car."

  3. Bob Young by Ender+Ryan · · Score: 4, Interesting
    I've got to hand it to Bob Young, as he is a really stand up guy. It's a shame he no longer works at RedHat, but at least he's still working on something admirable, and it's nice to see him still taking interest in his former company.

    If only more execs were like him, we would have a much better business atmosphere here in the U.S. of A.

    Thanks Mr. Young, I've always had the utmost respect for you.

    --
    Sticking feathers up your butt does not make you a chicken - Tyler Durden
  4. SCO programmer adding code means?? by cluge · · Score: 4, Interesting

    "Groklaw today reported that they have discovered another SCO programmer, Tigran Aivazian, who has committed code to the Linux kernel."

    My take is that if a SCO programmer contributed code, then of course SCO wanted the code contributed and it then falls under the GPL. This seems reasonable. The idea that worries me is that SCO may claim that the programmer(s) was/were rogue and made the contributions against their "corporate policy". Then what do you do? The genie is out of the bottle, you can't take it back and who does SCO go after - the programer or the Linux community?

    AngryPeopleRule

    --
    "Science is about ego as much as it is about discovery and truth " - I said it, so sue me.
  5. One question. by AmoebafromSweden · · Score: 5, Interesting

    Well, since they have been ordered to show the code in the court in january I think we will se the end of this. One question I Do have is:

    I do not live in America, but shouldnt there be a lot of people reporting SCO to the appropriate governmental Body that oversees frauds in the stockmarket? (SEC)

    How is that going, do they have any official stance on that or?

    Are they waiting until the hammer falls (most likely) in heavy disfavor to Sco?

    Care to enlighten a foreigner?

    1. Re:One question. by Rob+Riggs · · Score: 4, Interesting

      I think that SCO has to lose in court before it will be considered. Unless someone can bring extremely convincing facts to the SEC that SCO intentionally misled investors, then there is little that the SEC can do.

      One would basically have to prove that Darl & Co. knew they had no case. Ignorance and stupidity are quite excusable in the US, even if the results are the same as if one wielded malice instead. The SCO guys have been doing their idiot dance for the media for almost a year now. They would most certainly plead stupidity -- and win.

      I don't think it's likely they will be pursued by the SEC. However, if IBM finds any "Linux Lottery" documents at SCO during discovery, all bets are off.

      --
      the growth in cynicism and rebellion has not been without cause
  6. irony? by molnarcs · · Score: 4, Interesting

    This is devastating news for SCO, for they can no longer claim to have protected they 'trade secrets' appropriately, thus they might loose rights to whatever they did on jfs in the courts.

    On the other hand, they failed to cough up any sensible evidence so far, and my guess is that they are clueless about the affairs at 'old' SCO. This relevation might point them to the right direction - they can pinpoint precisely where code exchange between unixware and linux took place. They can either submit this as new evidence (deadline: jan 8?) and loose, or disregard it and ... loose. Good.

  7. News on SCO's web site. by Anonymous Coward · · Score: 5, Interesting

    Well since the alleged flood on SCO's web site, I was curious enough to go visit it. Interesting are the news items there.

    SCO Ranked 75 In Deloitte Technology Fast 500

    The SCO(R) Group (SCO) (Nasdaq: SCOX), a leading provider of business software solutions, today announced its ranking-number 75-on the 2003 Deloitte Technology Fast 500, a ranking of the 500 fastest growing technology companies in North America.

    Darl McBride Ranked in Top 25 IT Executives for 2003

    Darl McBride, president and CEO of The SCO Group, was ranked among the top 25 executives in the IT industry, according to CRN. The ranking represents McBride's fight to raise industry awareness of the importance of protecting intellectual property in a digital age"

    and then this little troll from SCO in the NEWS

    Zealots: The Three Faces of Linux

    It's sad to see how people are so misguided.

  8. King Canute by infolib · · Score: 5, Interesting
    The story about King Canute goes in two versions. The first version is the one referred to in the submission:

    King Canute had very high thoughts of himself. Once he had his throne placed at the shoreline, and ordered the waves to stop. Of course they washed over his toes, humiliating him.

    I like the second version better. From the linked Wikipedia article:

    King Canute grew tired of flattery from his courtiers. When one such flatterer gushed that the king could even command the obedience of the sea, Canute proved him wrong by practical demonstration, his point being that even a king's powers have limits.

    DISCLAIMER: I'm danish, so of course i prefer the more favourable version. Anyway, the English owe us nearly 900 years of danegeld. (If you pay up now we might even give you a discount for the very handy assistance in WWII!)
    --
    Any sufficiently advanced libertarian utopia is indistinguishable from government.
  9. Well-meaning response marred by incorrect summary. by jbn-o · · Score: 4, Interesting

    In an otherwise thoughtful and well-meaning letter, Bob Young incorrectly states opinions that are widely published elsewhere and fails to take Darl McBride's view of theft (versus copyright infringement) to task. Instead, Young reaffirms McBride's conflation of theft and copyright infringement and seriously mistakenly summarizes RMS' ideas.

    Consider this part from Young's letter:

    Secondly, no one is arguing against copyright. Everyone agrees intellectual property, from trademark law to copyrights and patents, is a good thing.

    Ok, so maybe Richard Stallman of the Free Software Foundation, the inventor of the GPL license, thinks it is not a good idea to copyright software. But even Richard thinks copyright has its place to enable authors to earn a living. Free markets are not so fragile that a new idea like the GPL can threaten them. The only thing that can threaten free markets in a democracy is fear. Fear can cause well-meaning governments to enact flawed legislation. The kind of legislation the DMCA represents. The DMCA is the equivalent of trying to stop break-and-entry of homes by making screwdrivers illegal. Breaking and entering should be illegal. Allowing honest citizens to own innocent tools that evildoers might use to break and enter must remain perfectly legal. It is the crook who should be sent to jail, not the tool nor the owner of the tool.

    Everyone does not agree that "intellectual property" is a good thing. RMS, for instance, has said that he has no opinions on "intellectual property" except to point out the misleading consequences one arrives at from using the term and how it prejudices one's thinking to treat disparate areas of law like property. RMS has opinions on patents, separate opinions on copyright, and separate opinions on trademark law. RMS does not mix up his ideas into one jumbled whole called "intellectual property".

    Furthermore, I have never heard nor read RMS say "it is not a good idea to copyright software" nor does young provide a source for this summary. RMS is against patenting algorithms used in the creation of computer software and most software programmers I've met are in agreement with him because so-called 'software patents' do such a profound disservice to their work. As RMS points out in his critique of the term "intellectual property", copyright and patents are not the same, in fact they differ more than they are alike. Copyrights and patents aren't acquired in the same way, they don't last for the same length of time, they don't cover the same things, policy concerning these two disparate sets of laws aren't governed by the same office, and defending against copyright infringement is not at all the same as defending against patent infringement. But you can see how someone who believes "[e]veryone agrees intellectual property, from trademark law to copyrights and patents, is a good thing" would arrive at such a mistaken conclusion about RMS' ideas and whether these laws are well received.

    With respect to the term of copyright, Young notes that "[t]he Supreme Court case that you [McBride] misrepresent in your latest open letter demonstrates the Justices think too much of a good thing may no longer be so good" but doesn't understand how he is (in the FSF's words) "making an appeal to authority...and misrepresenting what the authority says" by talking about copyright infringement as theft.

    If we accept the idea that property and ideas and expression are all one and the same, we allow ourselves to deny that new ideas are built on old ideas (or more generally, the future is built on the past). The limits of copyright law look very wrong and we champion the same goals as the Bonos and we buy into the hypocrisy exhibited by the Disney corporation. Then we lose the argument we are struggling to make with legislators.

  10. Different situation by HangingChad · · Score: 2, Interesting
    Linux and SCO aren't producing competitive products. Linux isn't really even a product as much as a community.

    If I were really cynical I might suspect the timing...just before MS was making a big push to roll out 2003, as the IT industry was coming out of a 2 1/2 year stretch where many companies were not buying much of anything, just as NT is getting near the end of its life cycle. You have to admit that questions arising about Linux IP purity and a potential liability scare right at this particular time was really convenient for MS. Likely just coincidence, but a mighty handy one all the same.

    Fortunately it hasn't done much of anything to stall the advance. At this point trying to stop Linux is like trying to stop the wind. The code is out there in so many places in so many flavors, in so many countries that don't give a crap about US copyright law in the first place. The switch is on. SCO is little more than side show entertainment. What my grandfather would've called a fart in a whirlwind.

    --
    That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
  11. How could our founding fathers forseen this? by TyrranzzX · · Score: 2, Interesting

    This makes me wonder. Did the ancient tribes of man know about metal instruments? Would they understand guns, or explosives, cities, or genetic engineering? Did the egyptians know why their bronze swords would break when hit by the iron swords of their invaders?

    Did mideval kingdoms have running water, magic lights, gunpowder or even the understanding of this? Could all of our founding fathers known that technology would develope so rapidly in 100 years? Fuck no, but they certainly knew how the egyptians viewed iron swords, how samarai viewed gunpowder and how the indians viewed cities. Because of this, they were wise, and from this wisdom they were able to draft a bill of rights. When a goverment begins to go downhill, it's because these rights have been violated.

    It's not hippie rhetoric, it's no fundementalist anarchism or socialism, and it isn't a fools game. Because we have the internet and access to more books and media than ever before, we can become, and some are, smarter than they are. You can view a political debate 2 ways; a logical system much like any router or electrical equipment that must be balanced and mouled to certan rules, or you can view it as 2 gods fighting over a bunch of ants. If you believe the ladder is going on, you are an idiot. If you can understand the former, you have a brain and you use it. There's your litmus paper test.

  12. I'll tell you what it is by Ricin · · Score: 2, Interesting

    A statement "by an elder". That's what it is.

    And it's exactly the card that SCO is mostly playing, to get trenched in (former) bigshots to dilute the debate -- and that's only the debate on *this* side of the fence, on the other side I'm sure it goes quite differently and with lots of chuckling -- and step by step get more of their reasoning accepted or refuted quickly and then looked over, thus effectively accepted by the journaille.

    The devil indeed is in the details. So they tell you to discuss details. Get it? They do. Not that that'll save them in the end. But surely they get that as well. This is their finest hour, or well at least Kevins ;-)

  13. Re:Totally wrong by John+Hasler · · Score: 4, Interesting

    > What everyone seems to forget is that the code Mr.
    > Aivazian submitted might have nothing to do with
    > SCO's source.

    No one is forgetting that. The point is that work that SCO contends could only have been done by IBM was in fact done by SCO employees with SCO's knowledge and approval.

    > Most of the comments I have read so far speak of
    > A's contributions as being SCO's contributions:
    > "This article is interesting because it shows
    > that some of the code allegedly added by IBM was
    > in fact added by SCO itself."

    Correct, if A was acting in his capacity as an SCO employee when he wrote the code.

    --
    Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
  14. SCOX looking for new director by Anonym0us+Cow+Herd · · Score: 4, Interesting
    I saw this on Groklaw earlier today, and nobody has mentioned it here.

    SCO now has the following job openings available...
    • Director of Investor Relations (posted 21 Nov)
    • Executive-Assistant, Investor Relations (27 Oct)
    • Internal Auditor (21 Nov)
    • Director of Financial Reporting (8 Dec)

    Now pay attention to the date on that last job opening. That is Monday following SCOX's 5-Dec lame oral arguments.

    Why suddenly is this position vacant? Some theories...

    • Are they looking for a more compliant director who will report to the SEC what they want reported? Maybe not, the new position says that the person must be familiar with the Serbanes-Oxley act of 2002 (passed after Enron) which makes the CEO have to sign SEC statements and be criminally liable for misstatements. (So was the last Director of Financial Reporting unaware of this?)
    • Does this have anything to do with SCO moving their financial results from Dec 8 back to Dec 3 to be before the lame Dec 5 oral arguments, and then suddenly delaying the results to Dec 22 due to "internal audit problems"? I thought one of the investors said that they need an external auditor?
    • Is Darl trying to book the recent $50 Million investment as "revenue" so that he can get his 4th and 5th profitable quarter? (Background: Darl gets a big golden parachute if he pulls off four profitable quarters, and he needs a fifth in which to dump his stock before the house of cards collapses.) It seems like SCO's recent "revenue guidance" suggests something in the 22 to 25 million range for this and next quarter. (Am I mistaken here?) For the benefit of those slashdotters who cannot add, this and next sounds to me like they add up to about the $50 million.
    • finally, another theory would be connected to rats and sinking ships
    • Maybe looking for a fall guy?

    So, if you're out of work and qualified, a great career opportunity would be to work at SCO!



    Director of Financial Reporting and SEC/GAAP Compliance Requisition# 40238


    http://www.sco.com/company/jobs/
    Type: Exempt
    Posted 08 December, 2003

    Location: Lindon, UT

    Department:

    Reports To: Controller
    Apply Now

    Job Description:
    Responsible for the financial reporting of quarterly and annual results in accordance with SEC rules and regulations. Responsible for the filing of registration statements and other periodic filings as required. Duties will include the drafting and review of quarterly reports on Form 10-Q, annual reports on Form 10-K, periodic reports on Form 8-K, as well as assist in the preparation of registration and proxy statements and any other filings. Other responsibilities will include the monitoring of the Company's compliance with current SEC, FASB and other regulatory literature that pertains to accounting and financial reporting. This position will also lead the Company's effort on maintaining an effective system of internal control, and ensuring the internal control structure is in compliance with the requirements of the Sarbanes-Oxley Act. Additional special projects will be given on an "as occurring" basis.

    Job Responsibilities:

    Financial reporting of quarterly and annual results in accordance with SEC rules and regulations Filing of registration statements and other periodic filings as required Drafting and review of quarterly and annual reports Assist in the preparation of registration and proxy statements and any other filings Monitoring of the Company's compliance with current SEC, FASB and other regulatory literature that pertains to accounting and financial reporting Additional special projects will be given on an "as occurring" basis.

    Job Requirements:

    Masters degree in accounting and experience as a manager with a public accounting firm and a minimum of 8 years accounting experience. Extensive financial reporting experience

    --
    The price of freedom is eternal litigation.
  15. Finally ... some important insight by Tacoguy · · Score: 5, Interesting

    Relevant SCO info seems to be coming from Groklaw. Even technical info that seems more suited to be coming from readers of /.

    Some very interesting aspects of timing of efforts by Mr. Aivazian that include the following:

    "It seems everything Mr. Aivazian does works together. If SMP or vmalloc.c doesn't work, the microcode update feature might fail, so he works on SMP and vmalloc.c. If either SMP or microcode update is crashing, he needs to know why, so he works on the debugger."

    First of all I am damn impressed that anyone can over-ride a processor microcode !

    The debugger is equally impressive. If you can't find why it breaks, ya can't fix it.

    This is very credible and just might sink SCO's claims altogether.

    TG