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Why Does SCO Focus On A Minix-to-Linux Link?

ansak writes "In the latest scoop from Groklaw, Groklaw user talks_to_birds pointed out an error in SCO's version of the famous Levenez Unix Timeline. The important error is the green dotted line which shows Minix to be a derivative of Unix. If this were accepted, and if Linux was shown to be a derivative of Minix, then SCO's lawsuits would be more likely to have merit. As it turned out, even MS called Samizdat unhelpful, but at least now there may be a plausible reason why someone would try to make the link between Minix and Linux in the first place."

76 of 227 comments (clear)

  1. Long live geeks by Anonymous Coward · · Score: 5, Insightful

    One can't help but feel a warm fuzzy sense of nostalgia looking back over the history of Unix, even if a fair number of us geeks here are younger than Unix (er, UNICS) itself.

    UNICS was released nearly 40 years ago...and it's legacy still lives on. It'll take more than the likes of SCO (and a dotted green line) to tear down the Open-Source community. Long live geeks.

    1. Re:Long live geeks by vijaya_chandra · · Score: 4, Funny

      Forget unix. I am younger even than DOS
      (Disk Operating System not /.s Denial Of Service)

      (Karma be damned; I am no better than an AC anyway)

    2. Re:Long live geeks by Further82 · · Score: 5, Insightful

      Unix itself is not open source, its more like a specification for an OS, but there are plenty of unix OS's that are not open source and plenty that dont fall under SCO's attack plan. So even if SCO did manage to win it would not destroy UNIX or the open source community (freeBSD comes to mind as a unix OS thats open source and SCO is not targeting, yet...)

    3. Re:Long live geeks by RealSurreal · · Score: 4, Insightful

      Personally I get a warm feeling every time the geeks at Groklaw find another piece of evidence that sticks it to SCO. They're alpha geeks. All hail PJ!

    4. Re:Long live geeks by Udo+Schmitz · · Score: 2, Funny
      >> UNICS was released nearly 40 years ago

      [hits Anonymous Coward over the head] 35 Years are not "nearly 40 years"! I'm 35 and do not feel like "nearly 40 years". [hits Anonymous Coward over the head once more for good measure.]

  2. simple... by Pharmboy · · Score: 5, Informative

    They are trying to bolster their claims that Linux came from Minix, which came from the same source as Sinix, which is their code.

    Actually, if you just go to Groklaw, they have tons of really good info on this, instead of just AC comments. Including links to the SCO chart showing how Linux is linked off of "SCO Linux"...

    --
    Tequila: It's not just for breakfast anymore!
    1. Re:simple... by fanatic · · Score: 3, Informative
      Minix, which came from the same source as Sinix,

      Not that's wrong too. Tanenbaum wrote Minix form scratch.

      --
      "that's not encryption - it's a new perl script that I'm working on..." - from some Matrix parody
    2. Re:simple... by Pharmboy · · Score: 2, Informative

      As they explain in the articles, "from" doesn't mean the same source code, it means it was compatible or supposed to be. Again, I know this is wrong, and its just more of their FUD. Grok has a great set of articles on it, better than average.

      --
      Tequila: It's not just for breakfast anymore!
    3. Re:simple... by 0x0d0a · · Score: 5, Funny

      Or maybe it's a backup plan -- if you can't successfully sue everyone that has used Linux, sue everyone that has used Minix! :-)

    4. Re:simple... by rcs1000 · · Score: 2, Insightful

      Actually, they will tell the judge that.

      Copyright law governs hows you attribute things, and what mayu legally be derived. So, you can't take a table of somebody else's data and pass it off as your own. However, you can take the table, perform your own analysis, and attibute it to yourself.

      An obvious example from the real world would be the AMI bios; it was "derived", "inspired", or even "based on" the IBM bios - yet a judge said it was OK.

      The same is clearly true here; SCO will have no luck arguing that Minix looks like Unix, and Linus saw Minix source code. The judge would just throw it out of court.

      --
      --- My dad's political betting
  3. It doen't matter. by theglassishalf · · Score: 4, Insightful

    This enitre issue is moot. SCO distributed copies of linux under the GPL. Thus, if they owned the code, they GPLed it. End of story. It's silly to talk about it. They have already released their copyright. That is the final, and only important issue.

    Arrg!

    -Daniel

    1. Re:It doen't matter. by russotto · · Score: 4, Insightful

      That would only hold if they were aware of the supposed violation at the time they distributed the GPLed code in the first place. They claim that they weren't, and that once they were, contractural obligations prevented them from ceasing to distribute the code. (hard to swallow, but it's a story)

    2. Re:It doen't matter. by cpuffer_hammer · · Score: 3, Insightful


      As a software company that created a Linux distribution for them to say they did not know what was in it is for them to admit that they were not doing there job as a distribution.

      The reason to by a distribution like RH, Caldera, or Lindows is to have someone bring the product together and make sure it works. As well as provide support and other services.

      It would be one thing if it was a distribution by an non-software company, or by a private group or individual. Then maybe I could imagen that they did not know what they were selling, but Caldera's pitch was buy our product because we know what we are doing.

    3. Re:It doen't matter. by autopr0n · · Score: 4, Funny

      To my knowledge, a software license is a contractual agreement.

      The GPL is not a contractual agreement. It says so itself, right in the first paragraph or so.

      Can I join into two conflicting contractual agreements, and then later pick which one to ge oblicated to?

      No, but you can decide who you'd rather be sued by.

      --
      autopr0n is like, down and stuff.
    4. Re:It doen't matter. by bwt · · Score: 5, Interesting

      No! The GPL places an independent burden on distributors to independently re-GPL anything they distribute. SCO was certainly aware of what they were distributing. The alternative is that they distributed a mix of other peoples GPL code and their own proprietary code, which is for-profit copyright infringement. Since these acts (occur and continue even now) after they proclaimed linux infringing, they can't plead ignorance anymore.

      So they can choose between A) losing because they GPL'd everything in dispute regardless of whether it was proprietary or not before they distributed it, or B) losing because their entire linux business was based on willful, for-profit piracy.

  4. Linux a derivitive of Minix? by JoeShmoe950 · · Score: 5, Interesting

    Inform me if I'm wrong, but didn't Linus make Linux because he didn't like Minix?

    1. Re:Linux a derivitive of Minix? by Pharmboy · · Score: 5, Informative

      He made linux for two reasons, from what I have read: He didn't like the limitations of Minix. He didn't like the license of Minix. Minix was designed to be a limited teaching tool, and cost like 70-80 bucks a license. He worked on a Minix box when he first started, until he could get .1 kernel up enough to boot.

      I think Minix was completely from scratch as well, and not fully POSIX, but close enough. The author of Minix is and was a college professor, whose sole motivation was to make a teaching tool (and appearantly make a few bucks to cover costs I guess...)

      I also think that Linus began using the GNU/GPL within a year of starting the project.

      --
      Tequila: It's not just for breakfast anymore!
    2. Re:Linux a derivitive of Minix? by Ford+Prefect · · Score: 4, Funny

      Linus made Linux to learn 386 assembly code.

      Do you think he succeeded?

      --
      Tedious Bloggy Stuff - hooray?
    3. Re:Linux a derivitive of Minix? by Anonymous Coward · · Score: 4, Informative

      Minix pre-dates the POSIX standard.

    4. Re:Linux a derivitive of Minix? by AKAImBatman · · Score: 2, Insightful

      Linux was one hell of a lot piss poor than BSD at that point in time regardless of the couple of kilobytes that were removed from the BSD codebase. Before the 2.4.x kernels, only a GNU bigot would bother using Linux for anything.

      Dude, you need to go MUCH farther back in time. When Linux came out, you needed a MINIMUM of a 286 AT machine to run BSD. Minix ran on an 8086. Linux attempted to copy the small footprint of Minix instead of the large footprint of BSD.

      The reason for BSD's poor performance was that it was originally written for Mini-Computers (a serious step up from Micro-Computers) like VAXes and PDPs. PCs of the era lacked many of the computing features that made BSD and Unix possible. As a result, OSes had to simulate those features in software at a cost of CPU and memory.

      Once PCs reached the stage of 386s, they were finally able to run Unixes without issue. Given BSD's 10+ years of development, it was obviously more advanced than Linux. It also helped that BSD was were all the "modern Unix technology" was developed. (e.g. TCP/IP, Fast File System, strong Multiuser support, etc.)

    5. Re:Linux a derivitive of Minix? by edhall · · Score: 4, Informative

      Your post doesn't make much sense to me.

      When Linux came out it needed a MINIMUM of a '386. In fact, that was one of Linus's main motivations -- Tanenbaum had refused to create a '386-based version of Minux, insisting that most students could only afford a '286-based machine. At the same point in time, BSD 2.X ran on PDP-11/70's with less than a megabyte of main memory -- and unlike the '386, the PDP-11 was entirely a 16-bit machine and didn't have demand paging. "Minicomputers" were already on the way out when Linux and 386BSD appeared since the chief performance differences between a mini and the '386's were (1) data-center grade peripherals and (2) a price tag more than an order of magnitude larger.

      Of course, the 2.X series of BSD Unix was a dead end (who wants 16-bit Unix based on a platform that was EOL'd nearly twenty years ago?), but it shows that BSD once ran with resources that are probably quite a bit less than the average PDA of today.

      To make this a little closer to the article's topic: the ABI of Bell Labs Unix was so widely known (and not just via the Lions book -- it's all in the man pages) that neither Tanenbaum nor Linus needed any knowledge of Unix internals whatsoever to replicate it. Furthermore, substantially all the details of those internals were published in Bell System Technical Journal articles and elsewhere. This is why the court found in the USL vs. Regents (BSD) suit that the cat was already out of the bag.

      -Ed
  5. Re:It does matter. by Pharmboy · · Score: 4, Insightful

    They have already released their copyright.

    They can't release what they don't own. Since it appears that Novell owns the copyrights, SCO may be elligible for a lawsuit for unlawful disclosure of copyrighted material to the public. This is yet another can of worms, and we would have to hope that since Novell just bought SuSe (with the help of IBM) that this would not cause other problems with code SCO contributed before it became evil.

    --
    Tequila: It's not just for breakfast anymore!
  6. Not plausible by fanatic · · Score: 5, Interesting
    plausible reason why someone would try to make the link between Minix and Linux in the first place

    No, because the guy who made this link, Ken Brown, intentionally ignored multiple sources of information that Linux was *not* derived from Linux. It was totally untrue, and he knew it because:

    • Tanenbaum, who wrote Minix, told him so.
    • The guy Ken Brown hired to find where Linux took from Minix told him that it had not in fact happened, after analysing the code.
    There never was *any* plausible support for Brown's case and he knew it *befire* making PR announcements, but he went ahead anyhow.
    --
    "that's not encryption - it's a new perl script that I'm working on..." - from some Matrix parody
    1. Re:Not plausible by Anonymous Coward · · Score: 4, Funny
      ...that Linux was *not* derived from Linux.


      That would have made writing it a lot easier, I'm sure...

    2. Re:Not plausible by red+floyd · · Score: 2, Informative

      Kernhigan didn't write the initial version of UNICS. You're thinking of Ken Thompson. Kernighan co-wrote C with Dennis Ritchie.

      --
      The only reason we have the rights we have is that people just like us died to gain those rights. -- Cheerio Boy
  7. Even though they called it "unhelpful"... by leonbrooks · · Score: 4, Interesting

    ...a Microsoft-sponsored IDC telephone survey a couple of days ago did still ask me if "the SCO litigation" was one of the reasons I use Linux.

    I said "Yes", of course, since I'd use Linux on principle if I hadn't been already when extortionists like TSG (The Sco Group) sued them. If they turn and sue someone like the NetBSD project, I'd find a place in my organisation for a NetBSD box as well.

    For the curious, IDC called from Malaysia into Australia, and "Brian" (no idea if that's his real name) said that IDC were planning on setting up their main Asia-Pacific offices there.

    --
    Got time? Spend some of it coding or testing
  8. The Diagram Is Not Measuring Source Dependancy by femto · · Score: 4, Insightful
    From the notes accompanying the diagram:
    Note 1 : an arrow indicates an inheritance like a compatibility, it is not only a matter of source code.

    Emphasis is not mine.

    Thus is, an arrow does not imply that Linux's source code is derived from Minix. It only implies that, in some way, the functionality may be compatible with Minix. Source code is not the only criteria for an arrow.

    1. Re:The Diagram Is Not Measuring Source Dependancy by MoonBuggy · · Score: 2, Interesting

      Apart from that fact, if you look at their green dotted line it's faulty anyway - the actual line shows a short arrow branching from the main trunk to Sinix and then shortly after a branch from the same trunk (not from the Sinix branch) to Minix. On the SCO version the size of the dots obscures this, the top of the Minix branch is cut off and the green dotted line follows from the Sinix branch down to Minix when infact they both come from the trunk, the Minix branch just happens to cross the Sinix branch in this representation and therefore the SCO version has chosen to use this meaningless crossover to obscure where the Minix arrow is really coming from.

    2. Re:The Diagram Is Not Measuring Source Dependancy by femto · · Score: 4, Interesting
      More info:

      The Wayback Machine indicates that "Note 1" was added in the period 2nd August 2002 to 14th October 2002.

      This is well before the start of the SCO affair (7th March 2003), so the note is not a belated attempt to bolster Linux's case. The diagram genuinely does not measure source code dependence.

    3. Re:The Diagram Is Not Measuring Source Dependancy by anothy · · Score: 2, Informative

      further, there are other instances of solid lines in the original (maintained by the SCO version) that don't indicate common source code. Plan 9, for example, is shown to be a fork off Research Unix v8. at best this is an "inspired by" type of link, as not only is there no code, but the counter-example of "compatibility" doesn't even hold up - they weren't.

      i'm also not sure the placement of the fork is accurate - i think it should fork off some time between v9 and v10, but i'm seeking confirmation - but that's not really relevant.

      the point is the chart's just being used as a nice visual aid for SCO - the "link" is entirely their own fabrication.

      --

      i speak for myself and those who like what i say.
  9. Now, since Ken Brown... by JamesP · · Score: 3, Funny

    ... made Linus admit that Santa Claus wrote Linux, everything is settled...

    Linux cames from North Pole and this is it...

    Ha!

    --
    how long until /. fixes commenting on Chrome?
  10. "If we had some ham, we could have ham 'n' eggs... by dpbsmith · · Score: 5, Funny

    ...if we had some eggs."

    It's just like that old joke. If Linux came from Minix, and if Minix came from Unix, then SCO might have some eggs. But since Linux didn't come from Minix and Minix didn't come from Unix, SCO has shit.

  11. Levenez's Chart by Kismet · · Score: 4, Interesting

    If you examine Eric's original chart, you will see that this relationship between Linux, Minix, and Unix exists even there. SCO has simply made it obvious to see, and called the chart a sort of "pedigree" to suggest that Linux contains actual Unix "genetic" material.

    Of course, Eric states very clearly on his site that "an arrow indicates an inheritance like a compatibility, it is not only a matter of source code"

    And anyway, Minix doesn't contain any AT&T source code by Tanenbaum's own admission. Linux doesn't contain Minix code. These are both original works, influenced by the Unix flavor of their time. That is what the Levenez chart shows, nothing more.

    The chart is only useful to SCO in their campaign of dishonesty to suggest something that is clearly untrue, and that has been proved repeatedly to be untrue.

  12. Minux had no unix code by Billly+Gates · · Score: 4, Insightful

    Try suing the BSD distros instead?

    I read in the Linux journal a few years ago that Minux was formed because AT&T wanted to charge $30,000 per cpu for sysV!

    Talk about extortion!

    Minux was formed as a result but was never updated when Bell labs lowered the price and allowed other people to make versions of Unix like Sun and SGI.

    Unless I am wrong?

    Minix became outdated after Unix went down in price and instead became used in the academia environment to teach students how an OS works. It never really was finished and the internet really did not exist like today without a WWW. Mainly just a few newsgroup and a tiny number of FTP sites which made working on Minix difficult.

    BSD on the other hand has plenty of more merit.

    It is a direction descendant of SysIII with some bits of SysV unixware code added in.

    All the offending code has been removed today but FreeBSD 1.x and early builds of NetBSD had the Unix in it. THis is why FreeBSD compatiblity only goes back to 2.x and not the 1.x series based on NET/2.

    They are a descendant of SysIII from the late 70's since this was used for early BSD development.

    Since the deal was sealed we dont really know what happened or what the terms were with the current BSD's. IBM wants to find out.

    Someone please feel free to correct me if I am wrong since I may be ingorant in this subject area. I want to know.

    1. Re:Minux had no unix code by LardBrattish · · Score: 5, Informative

      I read in the Linux journal a few years ago that Minux was formed because AT&T wanted to charge $30,000 per cpu for sysV! Talk about extortion! Minux was formed as a result but was never updated when Bell labs lowered the price and allowed other people to make versions of Unix like Sun and SGI. Unless I am wrong?

      Not strictly wrong Minix was written by one person, college professor Andy Tannenbaum, in order to teach Operating System design to students and be able to give them a real example to work with. Obviously paying $30,000/CPU for a student is not feasible so that was probably part of the motivation but being able to show a fully functional operating system was the main reason. Minix is sold with a book. It was never an open source project in the way we now know & love. Andy didn't apply patches regularly and didn't want to overburden the core of MINIX because it would reduce its' value as a teaching tool. Hence people became frustrated and LINUX was born.

      --
      What are you listening to? (http://megamanic.blogetery.com/)
    2. Re:Minux had no unix code by metamatic · · Score: 2, Informative

      And interestingly enough, the Amiga OS also grew out of a teaching system--the Tripos OS, written at Cambridge by people including Professor Martin Richards, who invented BCPL and worked at Bell Labs with Kernighan and Richie... who were inspired by BCPL when designing C.

      --
      GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
  13. You missed a few! by leonbrooks · · Score: 5, Informative
    • Andy told him so several times.
    • Bruce Perens, editor of the Prentice Hall series cited by Brown, told him so.
    • Robert Swartz, founder of Mark Williams Co, authors of Coherent, also told him so.
    • Ilkka Tuomi and several other scientists and historians told him so.
    • Richard Stallman told him so too.
    • No less than Dennis Ritchie told him so.
    There's a reasonably complete linkfarm on GrokLaw, of course, and even more complete derivative at WikiPedia, including gems from their tobacco-whore days.
    --
    Got time? Spend some of it coding or testing
    1. Re:You missed a few! by Alsee · · Score: 3, Funny

      [Brown immitation]

      All of those people are hybrid source hackers.

      It took thousands of programmers years to create Unix. It seems obvious to me that there is no possible way an inexperienced lone programmer could create millions of lines of the Linux system in 6 months in his parents basement. All of the people you listed are obviously biased and lying.

      [/Brown immitation]

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  14. Remember it's pump and dump by EmbeddedJanitor · · Score: 4, Insightful

    The whole point is not to make legal sense but to keep enough bafflement in there to confuse the "investors" and keep them hoping that there is still some reason why SCO stock should not be printed on toilet paper.

    --
    Engineering is the art of compromise.
    1. Re:Remember it's pump and dump by Our+Man+In+Redmond · · Score: 2, Funny

      The whole point is not to make legal sense but to keep enough bafflement in there to confuse the "investors" and keep them hoping that there is still some reason why SCO stock should not be printed on toilet paper.

      Well, for starters you'd pay like $5 a roll . . .

      It's a good idea, but it's not that good.

      --
      Someone you trust is one of us.
  15. But according to the SCO graph... by Anonymous Coward · · Score: 2, Informative

    ...they own everything. Just look at that blatant yellow line labelled Unixware Pedigree that starts on the left.

    So why haven't they picked on the other 'derivatives' in the diagram? Surely it should be an all or nothing argument, not a 'pick the ones you want to fight' affair?

    "SCO Darl Mcbride == IBM Scarred clod"

  16. Minix is for teaching by mflaster · · Score: 5, Informative
    Tanenbaum didn't write Minix to be a competitor to Unix - he wanted to use it primarily for teaching. See here.
    Years later, I was teaching a course on operating systems and using John Lions' book on UNIX Version 6. When AT&T decided to forbid the teaching of the UNIX internals, I decided to write my own version of UNIX, free of all AT&T code and restrictions, so I could teach from it.
    He even said that he rejected many patches from people trying to make it more "useable", because he wanted it to remain simple enough to teach from.

    Mike

  17. MINIX to LINIX to LSD by Anonymous Coward · · Score: 2, Funny

    that timeline reminds me of some photos I saw at MOMA here in NYC of spiderwebs made by spiders that had been given doses of LSD.

    wish I had a link.

    1. Re:MINIX to LINIX to LSD by Anonymous Coward · · Score: 2, Informative
  18. The real question is by Anonymous Coward · · Score: 3, Funny

    What would happen if John Carmack decided to program an operating system from scratch? Is his specialty 3D engines, or does he have the talent required to build an OS?

    Reply below

  19. Was This Not Obvious? by LuYu · · Score: 5, Informative

    Ken Brown in an email message to Dennis Ritchie:

    3) In my opinion, you wrote Unix (UNICS) from scratch. In my opinion, Linus Torvalds did NOT write Linux from scratch. What is you opinion? How much did he write? I talked to a Finnish programmer that insists that Linus had the Unix code (the Lyon's Book) and Minix code. Without those two, who could not have even come close to writing Linux. I hate to ask such a bare-knuckle question, but I really feel that this part of history is very gray. [Empasis mine]
    This was a question Ken Brown asked while interviewing for his book. He obviously made his decision before he asked any questions at all.

    Tannenbaum also said that Ken Brown had not read any of the available books on the history of Unix. It looks like AdTI and SCO are working together on this. Then again, maybe SCO is just grabbing at straws tossed out by AdTI. Either way, this has to be targeted at the ignorant (read: politicians).

    The funny thing is that these "theories" do not take into account the classic and widely known Linux anecdote which was Linus' very motivation for writing Linux: He did not even have working MINIX binaries when he wrote Linux because he had accidently overwritten his harddrive. So, he had two choices: buy MINIX again or write his own OS. That is a far cry from having possession of the MINIX source code.

    Final Note: It is not like the Linux kernel was doing 3D graphics back then. It was a text based console with disc access. I doubt Ken Brown or SCO would have called it an operating system back then (this is not to say it was not amazing, just that these mud slingers cannot imagine a non GUI system -- they are lawyers, after all).

    --
    All data is speech. All speech is Free.
    1. Re:Was This Not Obvious? by jusdisgi · · Score: 2, Funny

      It is not like the Linux kernel was doing 3D graphics back then.

      ...or now, so much...

      --
      Given a choice between free speech and free beer, most people will take the beer.
  20. We need the source by Jeremy+Erwin · · Score: 2, Interesting

    If those gaudy rasters can be believed, SCO believes that Minix is an offshoot of Sinix, and not merely an imitator of UTS Version 7. On some high resolution versions (PS) of the chart, Levenez's intentions seem clear-- the path from UTS V7 merely crosses over the descendency of Sinix. But, of course, if we had access to the original framemaker document, we could ascertain Levenez's intent quite easily (*). It might also be possible to rebuild the structure of the plot from the postscript rendering.

    (*) or we could just ask him.

  21. I doubt it. by Anonymous Coward · · Score: 2, Funny

    The crucial flaw in this reasoning is that it assumes SCO's graphs and charts and piles of bullshit have been actually read by Ken Brown, or read by SCO's own lawyers for that matter.

    Everything about SCO's suit, and Microsoft's supplimentary PR, is a smokescreen. Trying to find logic or reason in this smokescreen is no different in any way than pointing at clouds and going "hey, that one looks like a bird".

  22. maybe not so simple... by fatray · · Score: 2, Interesting

    I think the interesting thing about this is that it is a brand new offensive from SCO. We should have known this was coming when we saw the BS from Ken Brown claiming that Linux had Minix source in it. This shows that SCO has run out of plausible claims and is now making up really silly stuff that has already been refuted.

    If anything, this shows that SCO is not going away merely because they don't have a case. The will keep grinding away as long as they have funding.

    1. Re:maybe not so simple... by menkhaura · · Score: 3, Interesting

      Where I come from we have a legal figure called (how can I put it in English? let me try...) "litigation in bad faith" ("litigância de má-fé", to the Portuguese speakers out there). It is what SCO is doing: starting a legal process against someone even when they know they don't have a case. Doesnt the American juridical system have such a thing?

      --
      Stupidity is an equal opportunity striker.
      Fellow slashdotter Bill Dog
    2. Re:maybe not so simple... by EvilTwinSkippy · · Score: 3, Informative
      Before you get that far, there you could probably catch them for Perjury, namely lying under oath. Bad faith litigation only affects your ability to file new suits. Perjury is something they toss you in jail for a long time, and strip you of any legal credentials.

      It's pretty hard to be convicted of perjury. It has to be proven that you KNEW what you were saying was in fact not true AND your false testimony was material to the court case.

      The punishments are pretty stiff. The problem is enforcement is usually limited to someone the system wants to bring down, rather than those who are playing it like a cheap guitar.

      --
      "Learning is not compulsory... neither is survival."
      --Dr.W.Edwards Deming
    3. Re:maybe not so simple... by killjoe · · Score: 2, Insightful

      No in America the cases are settled much differently. Usually when you walk into a court room the judge makes each person weigh their wallets. Whoever has the heaviest wallet wins. Of course these day they don't actually use wallets they simply compare bank account amounts.

      This is not the only criterea for settling cases though. Frequently the judge(s) will decide the case based on which political party you belong to. The judges that were nominated by your political party will vote for you and the ones nominated by the opposing party will vote against you. This is especially true in higher courts. In the supreme court the judges will vote exlusively along party lines.

      Finally a case may be decided based on your race. This is especially true in jury cases. For example if you are white cop and you just emptied bullets into a black man because you confused his wallet for a gun you will be found not guilty if the jury is mostly white. OTOH if you are a black person and you just murdered your wife and her friend you will walk if the jury is mostly black.

      In any case ff you are ever arrested you are guaranteed the following things.

      1) The trial will take at least two years usually more like 5.
      2) You will be bankrupted by the process even if you are eventually aquitted.
      3) You will lose your job.
      4) You will in all likehood lose your wife and family.
      5) You might end up in jail or even put to death even if you are innocent.
      6) While you sit in jail waiting for your trial to run it's course you will be repeatedly raped and beaten by the general prison population. If you are found guilty you will continue to be raped and beaten during your encarseration.

      Oh one last thing. The US has the best justice system in the world.

      --
      evil is as evil does
    4. Re:maybe not so simple... by Pragmatix · · Score: 2, Informative
      I think you have been watching too much TV.

      When I served my turn at jury duty for my city, I was amazed at how quickly everything went. And it was for a murder trial.

      The prosecutor told us that murder trials in our jurisdiction usually take a day. Those epic murder trials are reserved for media circus venues like L.A.

      Sure enough, we were all wrapped up right after lunch, with DNA expert testimony and everything.

      I would have never guessed I would be picked for the jury--white male, whose step father is in law enforcement. With a black male defendant.

      Anyways the guy was found not guilty, the prosecution wasn't able to prove anything other than the guy's blood was on the head of the wrench clutched by the victim's dead hand. You need a lot more than that to prove murder, so the judge dismissed the case.

  23. Too late. by mcc · · Score: 4, Insightful

    They may not have been aware of the violation at the time they initially distributed the GPLed code. In that case they get to hide behind this "doctrine of mutual mistake" or whatever it's called.

    However, they certainly were aware of the violation at the time they filed their lawsuit against IBM. And they knowingly and consciously continued to distribute Linux as a product for some time, and from their website for at least eight months, after this. Any protections they might have potentially had they simply threw away by doing this.

  24. anything prior to 1991 by kardar · · Score: 4, Insightful

    Anything prior to 1991 is not Linux, actually.

    I guess it really depends on what you call a Unix timeline, and what you call SCO intellectual property. Of course it wasn't their intellectual property at the time, but it is now since they changed the contracts on everyone. IBM didn't think that they could change the contracts, and see what happened.

    They sued Daimler Chrysler for not giving them the serial numbers of processors that used to run UNICOS 1.0 or something similar (UNICOS 1.0 apparently always shipped with source)- for Cray supercomputers that vary in processing power from approximately 0.25 gigaflops to 1 gigaflop. No one keeps museum pieces that old around, there is no point in doing so, especially when the point of having those computers in the first place was for their supercomputing abilities.

    It's not a Unix timeline if they use it like that; they are basically saying that "Linux" has its "roots" in stuff prior to 1991, but that "SCO Linux", whatever that is supposed to mean, is anything from 1991 forward.

    The whole point is this: whatever it is that SCO are doing, they are doing things that will more than likely fail. Expecting an organization to keep records of a multi-million dollar supercomputer from the mid-eighties that has approximately 1/60th the floating-point processing power of a single-processor G5 at 2.0 Ghz and the equivalent of 64 megs of ram is a little bit on the funny side, I seriously doubt that any organization would have the floor space to keep a computer like that around just for the sake of licensing purposes. How many of us wrote legal documents to Microsoft cancelling our EULAs when we stopped using Windows 3.0, or say, for instance, how many universities wrote documents to Sun Microsystems every time they retired an IPX or a Sparcstation 1+ or perhaps something even older than that? It's just so you can say "We are suing this prominent company for something that, when you look more closely at it, is never going to fly, but we realize that most people won't look at it that closely or understand it that thoroughly, so it will, in the end, have the desired effect.

    Anything prior to approximately 1991 is not Linux, so again, it's not relevant.

    It does explain what \\\\{_hybrid-source_\\\\}, is though, - \\\\{_hybrid-source_\\\\} would be Linux (post-1991).

    Anything prior to that is not Linux, so it's not \\\\{_hybrid-source_\\\\}.

    SCO is basically saying that because they distributed Linux at some point under the GPL, and because the GPL is not valid in their opinion, that because they contributed to it, and because they hold some sort of UNIX rights, that they own Linux. That's really what they are saying, it has nothing to do with Minix, that's just a coincidence.

    Of course, they won't get away with it. They know that, the lawyers know that, we know that. The real question is WHY are they doing it? That's the question. The answer to that question is known by those who need to know.

    1. Re:anything prior to 1991 by Anonymous Coward · · Score: 3, Interesting
      Anyone get the feeling that the SCO debacle may be the BEST thing to ever happen to Linux?

      Before SCO, I (and my company) used open source because of a warm fuzzy 'freedom' feeling. Today that support has hardened (and is still hardening) into a business *requirement*.

      The GPL is a known quantity to me. All I have to do is agree to its straightforward terms and all my licensing worries are over.

      Contrast that with SCO's EULA shenanigans. If I was with SCO, I would have to be watching my back against the EULA being changed on me, being hauled into court and having to meticulously track every license I own (or should that be rent?).

      Technically, I can't see what's stopping any other software company that uses an EULA from pulling the same stunts as SCO.

      The end result is my company has made a decision, for *business* reasons, that all software must be open source and to avoid EULAs if at all possible. Proprietary will be tolerated only if there is no alternative, and even then I will always be on the lookout for an open source replacement.

      How many other companies must also be arriving at this view of the world?

      Further more, companies such as mine are operating in stealth mode on this issue (hence the AC). I'm not going to sick my head up and asked to be shot at by a desperate software company. I don't care if I don't show up on any user surveys. What I'm really saying is that lots of companies going down the same path as my company will not be advertising the fact.

      Perhaps proprietory software is a bit like a fence post being eaten by termites? No damage shows until all that is left is a paper thin outer shell, at which point the post collapses.

  25. Minux Linux SCO by bayerwerke · · Score: 4, Insightful

    SCO simply doesn't understand the difference between a timeline and a family tree.

  26. "cleanroom" by TheSHAD0W · · Score: 2, Interesting

    SCO is starting to scare me. They may have a chance of convincing a judge they have rights over Linux.

    Why? The problem is that Linux might be considered to be derived from a reverse-engineering of Minix, and that the reverse-engineering wasn't done "cleanroom" style.

    Just as an example: When companies like NEC and AMD started producing x86-compatible processors, they went through a procedure designed to isolate them from being accused of copying Intel's work. Two teams were formed: One team's job was to analyze the processor and write a detailed specification of the Intel processor's operation; they passed this data to the second team, which designed a new processor to meet those specifications. The second team could ask the first team to clarify information, but in any case, all communications between the teams were kept minimal and were logged, in order to prove Intel's IP wasn't stolen. Intel sued anyway, but the audit trails kept Intel from proving its cases.

    Now the question becomes, did Linus have access to Minix's source code while he was writing Linux? Did he ever look at Minix's source code to determine how it behaved? There was no separate team writing the specification. Linus can't prove a negative, unless he can rightly claim he'd never had access to Minix's source. But a civil court doesn't base its decision on absolutes, and a good lawyer might convince the court that Linus did incorporate intellectual property from Minix.

    1. Re:"cleanroom" by ChaoticLimbs · · Score: 2, Interesting

      Okay, if it is SCO's position that the GPL is invalid, under what legal authority did they distribute linux? Without teeth to the GPL, the code is still the property of whomever wrote it, and they certainly distributed more than simply the contested kernel files. Many other project's product was redistributed by SCO as well, in clear violation of the license. SCO's problem is that they believe that if the GPL is invalidated, then all of the code under the GPL would be Public Domain. That is not the case. If the GPL were somehow declared invalid, which is VERY unlikely, then the code all still belongs only to the original authors. This is unlikely because it is perfectly legal to redistribute copyrighted works with the express permission of the author or owner. The GPL establishes who has that permission. If you don't abide by GPL, you don't have permission.

    2. Re:"cleanroom" by metamatic · · Score: 3, Interesting

      Everyone had access to MINIX's source code. All the important bits were published on paper in Andy Tanenbaum's book on operating systems, which was a standard recommended college text at many universities at the time, and is still highly recommended today.

      The workings of MINIX are discussed in the book in detail, and the complete source code and binaries are on a CD which comes with the book. The book was the standard cheap way to get MINIX, so it's pretty damn likely that Linus had a copy.

      I was running Minix on my Atari and hacking the kernel source to support Cyrillic at around the time Linus started writing Linux, which was originally a replacement kernel for Minix. Linus did it because Andy Tanenbaum wouldn't add 386-only functionality to Minix, because he wanted it to be portable to whatever machines students had available to them--e.g. my Atari. Linus wanted protected virtual memory, so he started hacking on 386 assembler using his Minix system to do so.

      All of this is pretty common knowledge, I thought, so I'm perplexed that so many people posting to this discussion seem unaware of it.

      --
      GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
    3. Re:"cleanroom" by ubrinkley · · Score: 2, Interesting

      The reason for the cleanroom in the NEC case was that the Intel chip's design was a trade secret, and, as I recall, NEC was making second-sourcing the Intel chip under an NDA, meaning they'd be hugely liable if they couldn't show a clean reverse engineering process. In the minix case, the source code was published (I have a copy) which means reverse engineering isn't an issue. Only copyright is the issue here, and tha't been disposed of.

  27. Perhaps. by mcc · · Score: 2, Interesting
    He's a smart fellow. What I'd be curious to see happen, though, is John Carmack attempt to write a web browser.

    A modern web browser

    • is OS-like in complexity, but less silly hardware tying is necessary
    • poses interesting crossplatform targetting compatibility issues, such as those Carmack faces when writing his game engines
    • like a game, requires rendering of very large, complex, and dynamic graphic objects, and this must be done in an efficient and quick manner-- something current web browsers tend to be bad at, DHTML animations rarely look smooth
    • poses interesting optimization questions for these dynamic graphics, much like an Id game
    • like an Id game, must perform complex network operations efficiently
    • requires the efficient parsing and execution of text files, much like the maps and interpreted-c mods for Quake 3
    • like Id game engines, must expose an external development interface for plugins and embedding
    Gecko, KHTML and MSIE are great browsers in many ways, but they pretty much all suffer from the fact that DHTML/flash/SVG or (God forbid) VRML all behave in rather inefficient, obnoxious, and (well) gimmicky manners. They don't feel like they're integrated with the web pages. They CERTAINLY don't feel like something you could do serious application development with (remember back when DHTML was first being proposed and people seemed to be under the impression complex and high-level applications would target web browsers?) I would like to see someone with a background in game development take a crack at these issues, as these issues seem very similar to the problem game engine designers must solve.

    For the moment however it appears Mr. Carmack's spare time project is trying to build a spaceship, so maybe we'll have to wait.

  28. Ow. That timeline... by Farrside · · Score: 3, Funny

    HURTS. My eyes won't stop crossing.

  29. Long live FreeBSD by thejuggler · · Score: 5, Informative

    SCO nor anyone else can target FreeBSD anymore. Berkeley Software Design Inc.(creators of BSD/386 and BSD/OS) and the creator of FreeBSD (U of C, Berkeley) and were sued by AT&T back in 1992. All was settled out of court and the result was FreeBSD had to be moved to a new code base (4.4BSD-Lite Source Code) free of AT&T licences before FreeBSD could move on in life.

    Another note: back in 1992, AT&T sold the portion of the company that made their UNIX (UNIX Systems Laboratories - USL) to Novell, Inc.

    SOURCE: The Complete FreeBSD 3rd Edition by Greg Lehey

    1. Re:Long live FreeBSD by ross.w · · Score: 4, Insightful

      Also remember that Microsoft and Adti have no problem with *BSD because the licence lets them use the code in commercial software without contributing anything. It's GPL software they have a problem with, not Linux per se. Ken Brown practically said as much himself.

      THerefore I think they realise that to go after *BSD is to kill the goose that's laid them plenty of golden eggs.

      --
      If my call is important, why am I talking to a recording?
    2. Re:Long live FreeBSD by drsmithy · · Score: 2, Interesting
      Also remember that Microsoft and Adti have no problem with *BSD because the licence lets them use the code in commercial software without contributing anything. It's GPL software they have a problem with, not Linux per se. Ken Brown practically said as much himself.

      I would also speculate the Microsoft wouldn't have too much of a problem with the LGPL as well, since that only involves contributing back changes to the LGPLed code.

  30. not necessary to win the legal case(s) by kardar · · Score: 2, Interesting

    It's not why it's being done. Apparently some individuals feel that by generating this type of to-do, that some greater purpose is being served. This has everything to do with greedy, misguided individuals within large (or not so large) organizations who have somehow decided that they can obtain great wealth by looking in dark corners of closets or attics, etc. That's what I think.

    The whole thing is being "reverse-engineered". The "desired outcome" is a lawsuit, so whatever it takes to produce one is what takes place. Normally, the lawsuit is the means by which another desired outcome is produced. In this case, the "desired outcome" is/are the lawsuit(s), because this is about individuals within organizations obtaining promotions or "finding valuables in attics", or something like that.

    This is what happens sometimes within large (or perhaps, sometimes, not so large) organizations - a few individuals wielding great power, looking to improve their status in the world, stab and fumble and grope in the dark, searching for their own private monetary nirvana, unable to settle for a salary and job security that "ain't broke".

    This is not good for Microsoft the company; it's not good for Microsoft the company's reputation; perhaps sometime soon someone representing Microsoft the company will step forward and proclaim this whole thing an unhelpful distraction, which is exactly what it is.

    I think every one of us has worked with an individual or two who had their own selfish interests placed ahead of their coworkers and the company itself. How much more tempting might it be, working amongst (or for) one of the wealthiest individuals in the US, if not the world? Let's face it... Microsoft is a legend, and Microsoft will always be a legend. Microsoft can have a bright future, Microsoft should have a bright future. It's as plain and simple as that. What is really needed here is another Lee Iacocca, another Jack Welch, etc... people like this are out there, and they do exist. But money talks, and being around it changes you - it takes a very, very strong individual to be able to turn down the prospect of an early retirement to do the right thing. What, with the patents and all, who wouldn't want to just go to some tropical island and never have to worry about this nonsense again? Perhaps one day when someone who truly has a passion for quality products, whether they be hardware or software, when someone who has true leadership abilities, and can inspire people to produce tip-top products - I believe there will be such a day, and I believe there will be such a person, but a little patience will be required - but when this day comes, I think that we should all try to get out there and welcome Microsoft back into the real world. It would be a good thing, sort of like a long-lost friend or something. The changes that will be necessary will happen, and the negativity and FUD will stop, it's just going to take the right person to bring this about.

  31. Re:to the best of my knowledge- by Curunir_wolf · · Score: 2, Informative
    I know there's another more normaly used law that could be used as well, but darn if I can recall the name of it right now. Someone here will know it though most likely.

    Malicious prosecution?

    --
    "Somebody has to do something. It's just incredibly pathetic it has to be us."
    --- Jerry Garcia
  32. Re:Arrow into Unixware by bayerwerke · · Score: 2, Interesting

    Linux Kernel Personality actually. I wonder if they modified GPL'd source code and did not return the modifications. If so, further reason for them to dispute the validity of GPL. I had that version of Unixware and it did run some Linux binaries (I wiped that hard disk, shredded the CDs and the license and no longer support that OS, that's what SCO wanted, isn't it?).

  33. why the minix link? by bl8n8r · · Score: 3, Insightful

    Simple. FUD.

    SCO, Baystar, RBC, Microsoft, EV1, Laura Dildo - all of them have been paid, hired, pimped or coherced into making some kind of statement to obfuscate the SCO plight as a whole for the past year and a whatever. The latest round with Ken brown and his alleged minix issues are just more of the same "Paid Advertising" bullshit that SCO and their Redmond investor buddies have been purchasing to try and confuse everyone.

    --
    boycott slashdot February 10th - 17th check out: altSlashdot.org
  34. In 1991 Linus said no minix code by BinBoy · · Score: 2, Interesting
    From Linus's Aug 25, 1991 Usenet post:
    PS. Yes - it's free of any minix code, and it has a multi-threaded fs.
    Source: Google
  35. The tree by noselasd · · Score: 3, Insightful

    It is important that trees like this are not meant to show what
    derives from what, in terms of code. Unix has clearly inspired
    Minix, as Tanenbaum has said many times, so one might draw links.
    There is no code sharing though.
    Linus wrote Linux on Minix, and because he wanted a free Minix,
    first versions were to some degree inspired by minix. So again
    a link can certanly be drawn. No code sharing even here, as stated by
    Tanenbaum and Linus though.

  36. It's Minix! Repeat after me ... by zonix · · Score: 2, Informative

    Damn it, you guys, it's Minix!! Not Minux, not Munix ... Minix!

    z
    --
    What would an EWOULDBLOCK block, if an EWOULDBLOCK could block would? -- me
  37. Re:PS. by dossen · · Score: 2, Informative

    Just a minor nit: "most time zones"?
    UTC aka GMT (close enough for us mere mortals anyway) aka zulu time is the time at the greenwich meridian, 0 longitude, and the international date line is at 180 longitude. If I'm not mistaken that would put roughly half the time zones before and half after UTC (at least there should be the same number (+/- 1) of whole-hour time zones on either side of UTC, I think there are a few time zones with fractional-hour offsets).

  38. defintely not from same source by charnov · · Score: 2, Informative

    The author of Minix (which he wrote from scratch by himself) said that Linux (the kernel) may look and act a lot like Minix and have been inspired by Minix (Minix was specifically written to be used as a teaching tool so it isn't surprising that an OS would resemble its functionality), but that it is a completely different design. Actually, he slams Linus for making it monolithic and said he should have listened more in class...ha.

    --
    [RIAA] says its concern is artists. That's true, in just the sense that a cattle rancher is concerned about its cattle.