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SCO Lists Specific Code-Infringement Claims
mugnyte writes "Those tireless folks at groklaw have transcribed and published the documents from the latest IBM/SCO hearing. In it, the exact lines of the supposed Dynix / AIX / Linux logic are given. SCO claimed that Linux's read copy update, journaling file system, enterprise volume management system, AIO (Asynchronous I/O), and "scatter gather" I/O code had been derived from either AIX or Dynix/ptx. Now we can take a look at what SCO thinks makes Linux an enterprise-ready platform started at 2.4, stealing away their market share. However, IBM released these things under the GPL ... so what license did IBM really have from SCO to do this? Which raises the question, What license did SCO have from Novell to disallow this?"
If Novell's letters to SCO are an indication, SCO did not have the license to deny IBM privelege of doing this.
This sig no verb.
And I wasted all my karma whoring, funny, anti-SCO lines on the OTHER SCO story today!
Tequila: It's not just for breakfast anymore!
who wants to bet SCO sues the government next for not agreeing with them that its infringment of IP...
And then we're looking in stdio.h, and then stdlib.h, and ustat.h, utmp.h, zlib.h, tux.h, hesiod.h!!!
g hh hhhhhhhhhhhhhhhhaaaaaaaa!!!
And then odbcinst.h, random.h, utime.h, umsdos_fs.h! And reboot.h, reiserfs_fs.h, irda.h, and errno.h!!!
All the way to the kernel source code!
Yyyyyyyyyyyyyyyyyyyyeeeeeeeeeeeeeuuuuuuuuuuuuuu
So when are any of the 1,500 companies that received letters from SCO inviting them to purchase Linux licenses going to step up and complain to the US Postal Inspectors? To me, SCO committed fraud, misrepresentation, and extortion based upon their communications. Postal fraud is enough to send their entire board of directors to the slammer.
"Right now, somewhere in this world, Scott Baio is plowing a woman he doesn't love," - Peter Griffin, *Family Guy*
Whenever I read an SCO story, you never hear about the 2.6 kernel. Is this kernel so different that it lacks alleged "IP infringement?" I've heard of specific 2.4 kernels having problems, but none of the recent stuff. Is this an indication that maybe it is safest to go with 2.6 to get SCO off our back?
When you're too lazy to do your homework, what do you do? You cheat. And that's exactly what SCO's trying to do. Rather than do their homework and realize they have no case, they're trying to make others do it for them, and in a sense cheating. Case in point is this article which seems to pretty much clearly show that SCO is full of their own crap. There's a saying that if you tell a lie long enough, you'll start to believe it. And that's exactly what SCO is doing. They're trying to push the lies so that people will believe them. In reality, its organizations like IBM, Novell, AT&T, and groklaw that are doing all of SCO's homework for them. Heck, SCO even tried to compel IBM to show source code for AIX and Dynix which would effectively cause IBM to make SCO's case for them. This is turning into nothing more than sensationalism for SCO. Any bets on how much SCO stock is sold off tomorrow?
The only thing necessary for Micro$oft to triumph is for a few good programmers to do nothing". North County Computers
This computerworld story seems to have it sorted out:
1) AT&T licenses SysV to IBM and Sequent
2) IBM writes a bunch of cool enterprise level stuff for their flavor of SysV, and acquires Sequent
3) AT&T writes a letter to their newsletter ($echo) saying their license doesn't cover the derivative stuff, just the basic system
3) IBM eventually kicks their stuff into Linux
6) SCO buys up all the old licenses
7) SCO says the work is derivative after all, and they ownzors it
At some point the chewbacca defense starts to look a lot more rational.
What a strange bird is the pelican, his beak can hold more than his belly can.
Once again.. If we do change these "offending" code blocks, we would be admitting to our "guilt".
The kernel hackers should not even think about changi anything until these lawsuits are resolved..
Why give your enemy more ammunition? He'll just come back and attack you again...
Karma: Bad (but who really cares anyway?)
People deliberately lie for two reasons: To get what they want, and avoid conflict. I think he falls into the first category. He sure as hell doesn't belong in the second.
Mod "Overrated" instead of replying "I disagree with you," you coward.
So, they are complaining, in part, that IBM tricked them: "They made secret plans, and didn't tell us!"
"Send an Instant Karma to me" - Yes
Well, I was having a look through this 'list' and most of them are meaningless lines that just happen to coincide. Check out this blatant infringement from net/bridge/br_stp.c:43
3
p = br->port_list;
You damned linux hippies, stealing that highly critical line has ruined SCO's business!
http://lxr.linux.no/source/net/bridge/br_stp.c#L4
No need for the party I guess.
Cheers Koz
Bull. Not even SCO is claiming it's their code (IANAL, but I'm fairly sure about that). They're claiming that it's IBM's code, but the terms of IBM's UNIX license agreement didn't allow them to release it under GPL.
It's hard to be religious when certain people are never incinerated by bolts of lightning.
Well, it's apparent now that SCO is not claiming that there has been any "direct copying" of code from System V into Linux. Instead, they're arguing that IBM and Sequent's licenses to use System V source code prohibited them from making publicly available any portion of the source code of their "derivative work," that is to say, code that they developed based on System V.
The problem with SCO's reasoning is that the RCU code is completely separate from System V. It doesn't contain any System V code at all. As such, it isn't a derivative work. Despite this, SCO is claiming that any code at all that IBM or Sequent developed for their respective System V derivatives (AIX and Dynix/ptx) is either owned by SCO or is to be treated under the same terms as the System V source code itself.
It's actually kind of ironic, considering that SCO has been claiming all this time that the GPL is bad because it's "viral." It sounds to me that the System V licensing agreement, as construed by SCO, is far worse! However, given the side letter AT&T issued to IBM in 1985 telling IBM that IBM's own non-derivative source code belonged to, well, IBM, I doubt SCO's claims will bear up in court.
(BIG)Assuming SCO does own some codes in Linux, and from I can read recently, Linux users seem to claim they can quickly identify those infringing codes, issue a patch and get those codes out of Linux.
This is all fine, but I want to know if SCO can still sue for past damages? E.g. the time span that those unlicensed codes were being abused?
P.S. This is just a question based on the worst case scenario.
Rock that crushes, Paper & Scissors that don't matter.
For much of the document, SCO appeared to do little more than highlight IBM's contributions to Linux. They seemed to argue that IBM transferred ideas or programming concepts into Linux rather then cite any specific meaty line by line code examples. One key point that even SCO makes in this document is that these are features that have never been part of Unix. SCO lists a lot of Linux code however they don't seem to be able to list specifically what parts of their code were lifted. A good analogy would be 2 authors writing different books on the same subject. It seemed as if SCO was claiming ownership of the ideas as if they wished they owned the patents to them. When asked what portions of Linux they own, SCO refused stating the request was "overly broad and unduly burdensome". SCO also danced around the issue that they themselves contributed to Linux and distributed the code in question under the GPL by claiming ignorance. Once I heard a joke about someone who claimed ownership of the Brooklyn bridge and tried to sell it. How is SCO claiming ownership of Linux and trying to sell it any different from that situation?
Actually none of this code is SCO's... This is all IBM code. The question is whether or not The code came from AIX or Dynix (both owned by IBM), but whether (a) did it originally come from AIX or Dynix (quite possibly not) and if it did (b) did IBM have th right to release in their licensce with SCO/Novell. Perhaps you should follow the story closer next time...
...that this has already gone farther than anyone at SCO anticipated (I'll bet a SCO license that they thought IBM would either settle or buy them out - which was a stupid assumption frankly), and now they are in a position they can neither retreat from (without instantly self-destrcuting in the process, something Boies now has too much of a stake in to allow) or advance with any real hope of winning.
It could almost be seen as a courageous effort if it wasn't so fucktastically stupid.
I'll bet a SCO sitewide license that Darl is starting to regret having ever shown up for this little legal soiree.
They have claimed, under penalty of perjury, in the IBM trial that they do not have a copy of the USL settlement.
Here they make specific claims in reference to the same settlement.
Which is the truth, and which is evidence of perjury?
Not to mention that the JFS code was originally written for OS/2 before it was ported to AIX.
No sig, sorry.
SCO Submits
Stolen IP to the Court
Court Laughs Hard; Craps Pants.
SCO's case does not hinge on proving that AIX/Dynix code appears in Linux.
SCO's case hinges on proving that IBM does not own the code it contributed. Which, according to the terms of the UNIX license from AT&T, IBM does have full ownership rights to derivative works.
SCO is deliberately misinterpreting a clause in the original agreement and spinning it as hard as possible.
Previous owners of UNIX rights have clarified the terms to be more in the UNIX licensee's favor in subsequent communications as well. It would be madness for a judge to overlook all of this if they did decide the clause was vague and needed to speculate on the spirit of the agreement.
The million dollar question here is what the hell is David Boies doing backing these con artists? Not having an answer to that question is the only thing stopping me from shorting SCO's stock.
There once was a young slashdot reader
Who utterly failed to grasp meter,
And didn't have time
To understand rhyme --
So even the FPs were 1337er!
sulli
RTFJ.
There you go! This SCO thing is really just a plot by the Linux kernel development group to force everybody to upgrade to 2.6! (Hey, it makes as much sense as the claims made on slashdot that Microsoft intentionally released NT4.0 and Win2K to justify an early end of life for those products!)
"Freedom means freedom for everybody" -- Dick Cheney
First, SCO needs to show infringing lines of
code. The court directed SCO to provide to IBM what
IBM requested in discovery and one item, the main
item, were lines of code from original Unix that are
in Linux by means of IBM. SCO only responded with
code not in original UNIX, but programs wholely
written by (at the time) Sequent and IBM. SCO's
contention is that since they touched UNIX they are
UNIX is a *##&*$&)$#@
+++ATH
OK
-- @rjamestaylor on Ello
SCO is "so" full of it that I'm just amazed. Anyone remember Xenix? Well, a long time ago SCO support was in a nutshell $100.00 a question. I called them in regards to the "new" USRobotics HST modem support, and they couldn't figure it out. Guess what? I figured it out myself and like a idiot, sent the fix to SCO. Am I entitled to compensation? Nahhh..., was I credited... nope. This company is lame!
Life was hell, then I discovered Linux...
If the GPL author can demand that an entire codebase be opened upon the inclusion of even a small amount of GPL'd code, then SCO is well within their rights to demand the same in their licenses and expect the same adherence from the licensee.
Nonsense. The GPL is an affirmative grant of expanded copyright privileges. If I create some code and incorporate some GPL'ed stuff into it, it is not the case that my code is suddenly tainted and becomes GPL'ed. It's just that if I distribute the combined work under terms incompatible with the GPL, I am illegally distributing that (GPL'ed) portion of the combined work whose copyright does not belong to me. GPL'ing my own software is NOT mandatory.. neither the FSF nor Linus Torvalds, no anyone else has the right to force me to GPL my code. But they can stop me from distributing _their_ code.. and if my code is totally useless without that GPL'ed software, well, too bad.
The AT&T contract that SCO is basing their entire case on (although they've been screaming bloody murder to distract people from this fact in the press) states that derived works shall be treated in similar fashion to AT&T's unmodified works for the purposes of the IBM/Sequent/SGI contracts. That is, you can't modify AT&T's code and then give it away.
That says nothing about RCU or JFS or XFS, which are original code created by IBM and SGI, respectively. That code is not derivative of AT&T's code merely because it was commingled into AIX and IRIX. AT&T/Novell/SCO/Caldera/SCOX did not have anything to do with the creation of RCU, JFS, or XFS. SCO is making a very persuasive case that RCU, JFS, and XFS were contributed to Linux by IBM and SGI, here. And that's great. But they haven't shown in the slightest degree that, against all common sense or case law, IBM and SGI's original works become 'derivative' of AT&T's code because they were at one point commingled into a product that contained AT&T code.
The GPL doesn't work that way. The AT&T license didn't work that way, judging from AT&T's own comments in the 1985 $echo newsletter cited at GROKLAW. And you know what? Copyright doesn't work that way, either.
IANALTG.
- jon
Ganymede, a GPL'ed metadirectory for UNIX
http://www.temporal-acuity.net/sco/SCO.jpg
I know it was a joke but let me tell you something.
The further up you go in an organization more you lie every day. If you are aprogrammer you might only have to lie once or twice a week.
If you are promoted then you find yourself lying more often because you have to lie both to your bosses and your underlings.
As you go up you may find yourself lying a dozen times a day just to get through.
I imagine a CEO pretty much lies constantly. I bet they don't even know the difference between a truth and a lie anymore.
War is necrophilia.
DON'T LOOK!
This publicly available Caldera documentation could contain items including but not limited to proprietary, unpublished SCO code, copyrights, trade secrets, and/or patents!
pb Reply or e-mail; don't vaguely moderate.
From South Park, Episode 214 "Chef Aid"
Judge Moses: Mr. Johnny Cochrane, your closing argument.
Johnny Cochrane: Ladies and Gentlemen of this deposed jury, Chef's attorney would certainly want you to believe his client wrote Stinky Britches ten years ago, and they make a good case. Hell, I almost felt pity myself. But Ladies and Gentlemen of this deposed jury, I have one final thing I want you to consider.
[Walks up to a chart stand]
Johnny Cochrane: Ladies and Gentlemen, (Pulls down picture of Chewbacca) this is Chewbacca. Chewbacca is a Wooky from the planet Kishic, but Chewbacca lives on the planet Endor. Now think about it. That does not make sense.
Gerald (Whispering): Dammit.
Chef (Whispering): What?
Gerald (Whispering): He's using the Chewbacca defense.
Johnny Cochrane: Why would a Wooky, an eight-foot-tall Wooky, want to live on Endor with a bunch of two-foot-tall Ewoks. That does not make sense. But more important, you have to ask yourself what does this have to do with this case.
[Jury stares in silence]
Johnny Cochrane: Nothing. Ladies and Gentlemen, it has nothing to do with this case.
[Gerald sinks back and covers his eyes]
Johnny Cochrane: It does not make sense. Look at me. I'm a lawyer defending a major record company and I'm talkin' about Chewbacca. Does that make sense? Ladies and Gentlemen I'm am not making any sense. None of this makes sense. And so you have to remember when you're in that jury room deliberating and conjugating the Emancipation Proclamation, does it make sense? No. Ladies and Gentlemen of this deposed jury it does not make sense. If Chewbacca lives on Endor you must acquit. The defense rests.
[Silence]
Judge Moses: OK then.
Actually people lie for a third reason, to GENERATE conflict. Michael Robertson (more info in the link in my sig) lies to generate publicity surrounding his company. Darl lies because it will artificially inflate his stock price, by getting him noticed. Robertson lies because it gets him sympathy if he says his company is being beat up by Microsoft. Darl didn't DARE sue Linus or Linux (in any concrete form), he went after IBM, which has deep pockets.
Anyway, just wanted to clarify that some people lie to GENERATE conflict.
Lindows Steals Copyrighted Art and Promotes Porn
I wanted to see what they were whining about, so I downloaded 2.4.1. None of their line numbers make any sense. They're claiming we copied comments about Linux from them? And blank lines? Am I missing something here??
So out of curiousity I randomly looked at some of the lines mentioned and according to SCO .. Lines copied:
init/main.c (Tab 18) 30-33
30
31 #include <asm/io.h>
32 #include <asm/bugs.h>
33
But ofcourse..
[alk]
AT&T said in 1985 that additions to UNIX were not considered derivative works, only modifications to the actual code.
IBM's license reiterates that IBM owns their contributions, and is perpetual and irrevocable.
Novell backs up IBM's claims, and offers proof that SCO does not own UNIX.
There was no written transfer of copyrights from Novell to SCO. SCO (old SCO, not Caldera/SCO) bought the UNIX business, not the UNIX copyrights.
SCO failed under a court order to identify any code of "theirs" in Linux that IBM didn't write.
They did identify hundreds of lines in Linux that IBM wrote, and own, far short of the millions of lines of UNIX code they claim were illegally copied in violation of SCO's copyrights.
SCO does not even have a copy of the "derivative" AIX source code they claim to own.
SCO has violated thousands of copyrights and broken many laws.
SCO still offered the code in question under the GPL far into the discpute, and it's even digitally signed with their key.
Etc. Groklaw explains it all.
p = (*br).port_list; // :P
Actually people deliberatly lie for one reason: to get what they want. If I'm lying to avoid conflict or generate conflict, I'm still lying to get what I want.
Well, my plan was to rename p to fuck_sco. But yours is a one line change and therefore takes precendence
Cheers Koz
Well, well, well, SCO finally lays its cards on the table and what do you know? All jokers, at least all the claims about IBM's contributions to Linux. However, they do make various allegations having to do with IBM's supposed unathorized use of library code developed by SCO:
:-)
Upon information and belief, AutoZone's new Linux based software implemented by IBM featured SCO's shared libraries which had been stripped out of SCO's UNIX based OpenServer by IBM and embedded inside AutoZone's Linux implementation in order to continue to allow the continued operation of AutoZone's legacy applications. The basis for SCO's belief is the precision and efficiency with which the migration to Linux occurred, which suggests the use of shared libraries to run legacy applications on Linux. Among other things, this was a breach of the AutoZone OpenServer License Agreement for use of SCO software beyond the scope of the license.
Hmm, evidence seems a little thin there, actually "suspicion" would be a better word that evidence. Personally, I think SCO is just blowing hot air once again, and that IBM will simply show that and code conversions done in their contract work were done without the help of shared libraries owned by SCO, or if the customer did continue using them, that they had every right to. This should be rather cut and dried has nothing to do with SCO's ownership claims in Linux. It's just another amusing sideshow brought to us courtesy of the clowns at SCO.
The central point of this filing of course is SCO's rejection as "overly broad and unduly burdensome" IBM's question about what specific source code in Linux they think they own rights too. If their goal is to obtain a mistrial by causing the judge to burst an artery laughing, they just might do it
When all you have is a hammer, every problem starts to look like a thumb.
In the bush era of no penalties for Worldcom or Enron execs Daryl may be laughing at all of us a few months from now.
I'm not sure where you get your information, but Andrew Fastow (Enron CFO) and his wife are going to jail. Jeff Skilling (Enron CEO) will likely be charged this week. You can check here.
You may also be shocked to notice that the crimes in question took place between 1996 and February 2001. Now, who was the President during those years?
Now, if you want to complain about how the Bush administration messed up the Microsoft case, I with you, brother.
Viv
Gmail invites for ip
2.6.0 is now in freeze mode and it will be really hard to remove all the lines that SCO alleges are infringement
I don't know where you got that idea. Remember when the entire VM was replaced in the midst of a stable kernel?
SCO Group announced today that the Open source community had code to create progams of mass infringement.
"We will find this code of Mass Infringement," A SCO spokesperson said. "They've got to be hiding the code somewhere. It's just a matter of time before we find it."
Last year SCO Group waged war against the Open Source Community claiming that it had Code of Mass Infringement.
Actually people deliberatly lie for one reason: to get what they want. If I'm lying to avoid conflict or generate conflict, I'm still lying to get what I want.
What about people who tell the truth? Why do they do that?
Ladies and gentlemen...
Without further ado...
Let me start by saying...
Right in the middle of all the...
Billions and billions of...
Great works of literature...
You will find enclosed...
A lot in common...
On the other hand...
If this pack of...
Litigious bastards...
Manage to pull a miracle...
They might turn the world upside down...
And hit the jackpot...
While hell freezes over...
Never attribute to stupidity what can be construed as a monopoly preservation tactic.
They couldn't think up a lie quick enough.
Free as in mason.
When you're too lazy to do your homework, what do you do? You cheat.
... I can say that this assertion is simply wrong. People cheat when they are desparate; when they don't understand what is going on, when they fear failing. The way you notice cheating is not when people do something right, but rather when they do something wrong. People who are clever enough to cheat well will probably observe that it is less trouble to apply their cleverness to simply doing the work, than to cheat effectively; cheating effectively requires considerable effort.
/. and McBride is that very few /. readers would have the spine to stand up and assert something as outlandish as SCO asserts. To /. folk, the SCO business is all very abstract, there's a billion dollars and a corporation at stake ... but it's not our money or our corporation. It's more like the WWF, where there is an official Bad Guy who will, at the end of the evening, get stomped by the Good Guy, for the pleasure of the viewing audience.
As a Genuine University Professor, who has seen a lot of cheating
Petty cheating persists because it is expensive to prosecute. Think about it. In the university setting, for example, faculty are rewarded for bringing dollars and fame --- not for upholding academic standards among their students. If I catch someone cheating on an exam, it is my fervent hope that they will readily admit it, because if they don't, I have to weigh the cost of spending perhaps 40 man-hours (my own time, and others) to deal with an isolated case of petty cheating --- by someone who is almost certainly headed for a dismal grade anyway. People who cheat in class do not get good grades! Seriously! There are steps one can take to make cheating very difficult. For example, if my classes are small enough (under 24 students or so), I try to have an oral final exam. Anyone who can cheat during a one-on-one oral exam, well, they have a very special gift indeed. But I need at least a half hour for each exam, and there is no putting that work off on TA-slaves.
I have run into "malicious" cheaters, but such behavior is very rare --- at least among university students (engineers). Now, it may very well be that CEOs of modern corporations are cut from a different cloth --- Larry Ellison, for example, seems to be the very avatar of acquisitiveness --- but most people are pretty good. And flawed --- sort of like Zoyd Wheeler, in Pynchon's "Vineland."
It's fun to beat up on people who find themselves, through a moment of weakness, in a terrible fix. We have often not bothered to understand their circumstances, nor acknowledge our own role in their predicament. Ronald Reagan, for example, liked to blow hard about the Welfare Queen, a terrible creature which exists in about the same measure as Grendel.
For another example, consider the American Taliban, John Walker. He's a pretty fat target for abuse; but is it so surprising to the nerds of slashdot that someone might do the things that Walker did? And then when someone like Steve Earle writes a sympathetic song about Walker, the derision is turned up to 11. (try this google; most of the entries are either parodies or negative criticism, poisonous "patriotism" or other nonsense.)
If the real case of Walker makes you uneasy, how about the great supernerd John Hackworth in Neal Stephenson's magnificent "The Diamond Age." Hackworth wanted nothing more than to raise his daughter well; he "cheated," got caught in one lie, tried to cover it up, and wound up spectacularly entangled in a series of punishments that lasted over a decade.
So, anyway. It's fun to beat up on SCO, and McBride. One of the differences between most people who read
So, pay attention to the interesting analysis performed by Groklaw-folk, but mod yourself down if you're merely going to hurl abuse at Darl and SCO. This is a tragedy unfolding; a very human tragedy.
"The Buy Now" Page:
http://www.thescogroup.com/scosource/linuxl icense. html
leads to the
How to purchase and activate a SCO IP License" page
http://www.thescogroup.com/scosource/howtobu y.html
Step 1:
Review the SCO IP End User Licensing Agreement (EULA) to understand the terms and conditions and rights granted with the SCO IP License. Please click here to review the EULA.
Step 2:
Make your selection of the pertinent SCO IP license for your Server or Desktop system, and purchase by credit card through our online store. Your license will be delivered electronically to the e-mail address specified in your order form.
Step 3:
Register your SCO IP license to complete the legal activation of your license and to receive an electronic copy of the EULA.
Note: you will be required to provide the name of the Server to which the SCO IP License will be applied. Please have this information available when you register your software.
Which links to the EULA Page
http://www.thescogroup.com/scosource/eula.ht ml
THE SCO GROUP, INC.
INTELLECTUAL PROPERTY LICENSE
(This Agreement is available to all entities using a SCO Operating System distribution)
IMPORTANT, READ CAREFULLY ALL TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT ("AGREEMENT") WHICH HAS BEEN PROVIDED TO YOU AND IS INCLUDED WITH THE CERTIFICATE OF LICENSE AUTHENTICITY ("COLA"). BY EXERCISING YOUR RIGHTS UNDER THIS LICENSE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT, AND YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE RIGHTS GRANTED HEREUNDER IN ANY MANNER.
YOU UNDERSTAND AND AGREE THAT SCO MAKES NO GRANT OF RIGHTS OR WARRANTIES OF ANY KIND EXPRESSED OR IMPLIED WITH RESPECT TO ANY SOFTWARE OTHER THAN THE SCO INTELLECTUAL PROPERTY DEFINED BY THIS AGREEMENT.
This Agreement does not include any rights to access, use, modify or distribute any SCO source code in any form under any licensing arrangement.
DEFINITIONS
"Agreement" is the contract between you ("You") and The SCO Group, Inc. ("SCO"), relating to the rights acquired by You. The Agreement comprises (i) this document, (ii) any amendments agreed by both You and SCO in writing and (iii) any additional terms and conditions included in the COLA. Such additional terms may pertain, without limitation, to the following: term, fees and payment, number of permitted CPUs, registration requirements, restriction on runtime environment and transfer of Your rights.
"Code" shall mean computer programming instructions.
"CPU " shall mean a single physical computer processor.
"Desktop System" means a single user computer workstation controlled by a single instance of the Operating System. It may provide personal productivity applications, web browsers and other client interfaces (e.g., mail, calendering, instant messaging, etc). It may not host services for clients on other systems.
"Method" shall mean the human or machine methodology for, or approach to, design, structure, modification, upgrade, de-bugging, tuning, improvement, or adaptation of Code.
"Operating System" shall mean software operating system Code (or Code that substantially performs the functions of an operating system) that is a distribution, rebranding, modification or derivative work of the UNIX(R) operating system or otherwise incorporates Code covered by SCO IP which is not commercially licensed by SCO or one of SCO's authorized licensees.
"System" shall mean a computer system, containing the licensed CPUs, controlled by a single instance of the Operating System.
"Object Code" shall mean the Code that results when Source Code is processed by a software compiler and is directly executable by a computer.
"UNIX-based Code" shall mean any Code or Method that: (i) in its literal or non-literal expression, structure, format, use, functiona
Dude, telling lies to raise your stocks isn't a performative act. A major point of Austin's speech act theory is that illocutionary acts are inherently actions, as distinct from constative statements that may simply provoke a desired response. Chapter Ten of How to do Things with Words[1] is entitled "In saying..." v. "By saying..." and makes the distinction pretty clear. It is not correct to say that "in telling lies, Darl raised the stock price of SCO," though it would be fine to say "in telling lies, Darl forwent the moral high ground." It is correct to say that "by telling lies, Darl raised the stock price of SCO," but that doesn't describe an illocutionary act any more than "by reading Austin carefully I came to understand the difference between perlocution and illocution."
:)
Sorry, am I taking this a bit too seriously?
[1] J.L. Austin, How to do Things with Words (Oxford: Oxford UP, 1975) 121-32.
Ladies and gentlemen, I'll be brief. The issue here is not whether we broke a few rules, or took a few liberties with the source code in question - we did.
winks at Darl McBride
But you can't hold a whole company responsible for the behavior of a few, sick twisted individuals. For if you do, then shouldn't we blame the whole development system? And if the whole development system is guilty, then isn't this an indictment of all operating systems in general? I put it to you, Darl - isn't this an indictment of our entire American society? Well, you can do whatever you want to us, but we're not going to sit here and listen to you badmouth the United States of America. Gentlemen!
Leads the Linux community out of the hearing, all humming the Star-Spangled Banner.
"Music is everybody's possession. It's only publishers who think that people own it." - John Lennon.
I scanned through the lists, and found quite a few single line entires in the table. I decided to look one up, specifically net/bridge/br_stp.c. Here's the offending line:
p = br->port_list;
If it wasn't for the history behind this, I'd have to laugh out loud. The only conclusion I can come to is that the majority of the claim comes from structure/union definitions in header files, and they extend it to C files wherever a structure/union member is referenced.
If I get some time, I may do an analysis of the list and determine exactly how little this case actually has to do with IP theft.
once he concludes that a different CEO candidate exists who could return value more effectively.
The purpose of a CEO is to return a value? Shit, I can do that in a line of C! They should hire me!
Bow, nigger. h
How can 83 lines be copied to only two lines?