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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."

34 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!

  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 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! :-)

  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 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.
    3. 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 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...

  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 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.

  9. "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.

  10. 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.

  11. 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/)
  12. 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
  13. 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.
  14. 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

  15. 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.
  16. 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.

  17. 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.

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

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

  19. 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?