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Groklaw Debunks SCO's ELF Heist

Xenographic writes "Following SCO's earlier claims that ELF really belonged to them, in this Groklaw article, we find enough proof to show that SCO does not and never could have owned ELF or any part of it. Moreover, it shows that their real motive in this is to desperately raise new issues to stave off IBM's motion for summary judgement on IBM's 10th counterclaim. For those who don't remember, that's the one where IBM asked for certification that their Linux activities did not violate any of SCO's copyrights, and SCO replied (with forked tongue) that the case against IBM wasn't about copyrights... Let the "Santa Claus Organization" jokes commence."

17 of 317 comments (clear)

  1. Slashdot mirror by Anonymous Coward · · Score: 5, Informative

    Ah, SCO, SCO, SCO. This latest prank... Where to begin to unravel the latest brainstorm, the claim that ELF belongs to them, that Linux is using it illegally, and that it's the mortar holding the entire kernel together? I am smiling just typing this.

    Here is what the ELF story is about, according to a Linuxworld article by Maureen O'Gara:

    "In 1995, the year Novell sold Unix to the Santa Cruz Operation, an industry group calling itself the Tool Interface Standard Committee (TISC) came up with a ELF 1.2 standard and to popularize it and streamline PC software development granted users a 'non-exclusive, worldwide, royalty-free license' to the stuff, effectively putting it in the public domain, SCO says.

    "SCOsource chief Chris Sontag, the SCO VP in charge of the company's hate-inducing IP push, claims TISC, which folded immediately after the spec was published, exceeded its rights even though both Novell and the old SCO - as well as Microsoft, IBM and Intel - were on the committee."

    OK. ELF. Here we go. After all the research we have done, here are the conclusions I reach. First, ELF isn't mortar. It's not even in the kernel. It's interface stuff. It's not the only interface one might use, and in fact it replaced a prior interface, so it isn't essential for Linux to keep breathing and life to go on. It'd be annoying but not at all impossible to replace it.

    Second, if TISC overstepped its authority, that is between SCO and SCO, because oldSCO was involved, oldSCO being a member of TISC.

    Third, I don't believe they own it.

    Fourth, Linux is not unique in using ELF.

    Fifth, this is getting silly.

    Let me explain, please, how I reached those conclusions.

    Here's what the TISC document [PDF], regarding ELF version 1.2, told the world they were intending and what the world could do with ELF:

    "This Executable and Linking Format Specification, Version 1.2, is the result of the work of the Tool Interface Standards (TIS) Committee--an association of members of the microcomputer industry formed to work toward standardization of the software interfaces visible to development tools for 32-bit Intel Architecture operating environments.

    "Such interfaces include object module formats, executable file formats, and debug record information and formats. The goal of the committee is to help streamline the software development process throughout the microcomputer industry, currently concentrating on 32-bit operating environments. To that end, the committee has developed specifications--some for file formats that are portable across leading industry operating systems, and others describing formats for 32-bit Windows * operating systems. Originally distributed collectively as the TIS Portable Formats Specifications Version 1.1, these specifications are now separated and distributed individually.

    "TIS Committee members include representatives from Absoft, Autodesk, Borland International Corporation, IBM Corporation, Intel Corporation, Lahey, Lotus Corporation, MetaWare Corporation, Microtec Research, Microsoft Corporation, Novell Corporation, The Santa Cruz Operation, and WATCOM International Corporation. PharLap Software Incorporated and Symantec Corporation also participated in the specification definition efforts. This specification like the others in the TIS collection of specifications is based on existing, proven formats in keeping with the TIS Committee's goal to adopt, and when necessary, extend existing standards rather than invent new ones.

    "About ELF: Executable and Linking Format The Executable and Linking Format was originally developed and published by UNIX System Laboratories (USL) as part of the Application Binary Interface (ABI). The Tool Interface Standards committee (TIS) has selected the evolving ELF standard as a portable ob

  2. Re:Selling SCO short? by muon1183 · · Score: 2, Informative

    In case you haven't been paying attention to the replies to the posts suggesting this in other SCO threads, there isn't any stock available to be shorted, so nobody can short SCO (or at least of those people who wanted to short after SCO filed suit, nobody can).

    --

    There's no sig like SIGSEG
  3. Summary by MojoRilla · · Score: 5, Informative

    SCO says the ELF format was improperly released by the TISC.

    But SCO was on the TISC. And so was Novell. And the TISC released ELF before assets were sold.

    Plus, any format endorsed by the TISC is property of that committee. And anyone who joins the committee and donates standards must grant the TISC rights.

    Finally, the ELF format is an interchange format, and not copywritable.

    1. Re:Summary by julesh · · Score: 2, Informative

      SCO says the ELF format was improperly released by the TISC.

      But SCO was on the TISC.


      That's SCO(Caldera) says the ELF format [...] But SCO(SCO) was on the TISC. Just for clarity's sake.

    2. Re:Summary by Anonymous Coward · · Score: 2, Informative

      Any format endorsed by TISC is their property??? Really???

      Yes. Really.

      The comittee (by its bylaws) couldn't endorse anything it didn't own. If someone else owned something, and wanted the comittee to endorse it, they had to join the comittee, and sign a release saying that anything they proposed became property of the comittee.

  4. Re:Selling SCO short? by cosmo7 · · Score: 4, Informative

    You're looking at a French re-insurance company. The SCO we all love and cherish trades as SCOX.

  5. Re:Selling SCO short? Good Luck! by GlacierPilot · · Score: 2, Informative

    I managed to short SCOX in the upper teens and got out around ten. Not bad. The problem has been for months being able to borrow the stock in the first place. Just try getting a couple thousand shares - no way unless you've got better contacts than I (this is my profession BTW). The short interest that already exists in SCOX has dried up the stock available for borrowing and even when it goes to zero you haven't made all that much.

  6. Selling SCO short by Dr_Marvin_Monroe · · Score: 3, Informative

    If you look at the charts, it looks like MANY people have been covering their short positions. That's the only reason I can figure that the stock price INCREASES after the bad/good news on the DC suit.

    Looks to me like many of the shorts are now buying shares back to cover their short positions, and those swindlers at SCO are not really giving in to sell.

    I simply recommend staying away from SCOX, it's really tough to outmanuver the stock swindlers on a company such as this. The company insiders and all the people on the SCOX insider phone-tree have been pumping up the share prices, selling back and then re-purchasing to manipulate the price. Simply stay away from these guys.... There's better money to be made somewhere else, and it doesn't tarnish your karma or expose you to the risks found here.

  7. Re:The Media by julesh · · Score: 3, Informative

    Well, the Financial Times has had two articles on this over the last couple of days. With a fairly pro-linux attitude, by the looks of it -- one of them starts like this:

    A US judge yesterday dealt the controversial SCO Group a significant setback in its campaign to profit from Linux by throwing out much of the software company's lawsuit against DaimlerChrysler.

  8. Re:"Santa Claus Organization" by WormholeFiend · · Score: 2, Informative

    shenanigans!

    proof: if you want to write a letter to Santa Claus, here's the address:

    Santa Claus
    North Pole
    Canada
    H0H 0H0

    From:
    www.the-north-pole.com/santamail.shtml

  9. Re:Wow.. The BayStar/SCO Fight just got uglier.. by SirFozzie · · Score: 4, Informative

    Basically, SCO want to hurry up and retire the A-1 stock (which gives BayStar a lot of say about how SCO runs the lawsuit and their business).

    The SEC signed off on the deal, and SCO says "Ok. Here's your money and shares. You're now a commoner just like the rest of our stockholders."

    Baystar: "I still have some questions about the SCOSource Licensing program... you're telling us one thing and doing another."

    SCO: "Not Listening! TAKE THE STOCK AND MONEY! LA! LA! LA! (fingers in ears)"

    Baystar: "Wait a second.. I have valid concerns, I haven't signed off on this yet.."

    SCO: "Yes you have! You just own a ton of our stock now. Go away! We don't like you anymore"

    --
    People Talking in Movie shows.. people smoking in bed.. people voting republican.. GIVE THEM A BOOT TO THE HEAD!
  10. Re:This whole SCO thing goes to show.... by miniver · · Score: 2, Informative
    So, when you use nonexistent words like "misunderestimate"
    "The statistics of English are astonishing. Of all the world's languages (which now number some 2,700), it is arguably the richest in vocabulary. The compendious Oxford English Dictionary lists about 500,000 words; and a further half-million technical and scientific terms remain uncatalogued. According to traditional estimates, neighboring German has a vocabulary of about 185,000 and French fewer than 100,000, including such Franglais as le snacque-barre and le hit-parade."
    -- Robert McCrum, William Cran, & Robert MacNeil. The Story of English. New York: Penguin, 1992: 1

    There is no such thing as a non-existant word -- once you use it, it exists, and nothing can take it away. 'Misunderestimate' is a word (4,370 hits on Google) in much the same manner as 'supercalifragilisticexpialidocious'; it may be rare, but it has a definite meaning to a significant number of people.

    --
    We call it art because we have names for the things we understand.
  11. Re:This whole SCO thing goes to show.... by c00k13m0n5t3r · · Score: 2, Informative

    In fact, there is a wired mag report on the evil twins behind the whole SCO story.
    They cite it as "the new business modell for the new millenium", which is apparently to sue everyone for violating copyrights which doesn't belong to you, and then to wait for the scared little hacks to pay you nice sums, trying to avoid court proceedings.
    But it seems that this nice new business modell is going to sink, crashing on the big blue iceberg...

  12. Re:Need more linux stores by Lumpy · · Score: 2, Informative

    yes and no.

    at my local LUG we support Mandrake 10.0 only we have 1 guy specalized in KDE but most are used to and support Gnome. we will try to answer questions to newboes about other distros but we only officially support Mandrake 10.0 in it's standard config.

    It's easy to do that also. tell your customer, we support you as the computer sit's right now, or with software disks you buy from us. anything else we will try to help but can not support it.

    simple as that. if I run windows XP and install a windows desktop replacement like are floating around or nistall "windowshades" extensions to the computer that causes problems withthe standard computer Dell adn the likes will not support it.

    why does linux have to play by different rules than the windows world? support the computer ONLY in it's current configureation or supported upgrades. anything else is $9.95 a minute with no guarentee of a solution.

    --
    Do not look at laser with remaining good eye.
  13. Re:The Media by Zocalo · · Score: 1, Informative
    Not only that, but the tale of "SCO" is actually fairly confusing since the Santa Cruz *Operation* that was on the committee is a) still around, and b) isn't responsible for any of these lawsuits! One of the projects I did for a previous employer was to rip out thirty or so SCO UNIX boxes scattered across the UK and replace them with solidstate terminal servers hooked up via leased lines to our two Sequent boxes at HQ. Our SCO rep was less than happy with this, understandably enough since we were overdue for an upgrade and coming up on maintainance renewals - but that's when everyone junks an old system, right? Anyway, this was all at the time that the SCO/Caldera/Tarantella shenanigans were going on so we got the whole sordid tale...

    The Santa Cruz Operation that was on the committee that specified ELF 1.2 with IBM, Novell, et al is still around and trading under the name Tarantella, and was indeed incorporated in Santa Cruz. The current SCO Group that has initiated all the lawsuits was also around trading under the name "Caldera Systems" at the same time. When SCO became Tarantella, Caldera acquired their rights to the "SCO" trademarks - the tree logo, the term "SCO", and their UNIX business/partnership with Novell.

    I think it's going to be a no-brainer for IBM to blow the ELF claims out of the water. All they need is four bits of paper: SCO's incorporation, Caldera's incorporation, Caldera's acquiring of the "SCO" trademark and Caldera's official name change to The SCO Group. Line up the dates and it's all over; even if the current SCO had acquired the old SCO outright, they still can't arbitrarily revoke decisions made by their acquisition's directors. Aside from that being dangerously close to being a bait and switch, there is also the issue of the amount of time that passed from Caldera acquiring SCO. One of the reasons that the RIAA goes after copyright infringers with so much gusto is because they have to; if you fail to adequately defend your copyright then you are risking losing that copyright altogether. If SCO thinks it owns ELF, then why has it taken them so long to bring the matter up?

    The answer of course is simple; SCO doesn't want the copyrights to ELF, although it probably wouldn't say no to them. What SCO wants is another delay in the case in order acquire more time to spread FUD and perform yet more legal shenannigans. Unfortunately no matter how good IBM's lawyers are they are going to get some of it at least.

    --
    UNIX? They're not even circumcised! Savages!
  14. New lawsuit: BayStar vs SCO (?) by eddy · · Score: 2, Informative

    SCO says:

    Accordingly, SCO has informed BayStar that it considers the repurchase transaction to be closed as of July 21, 2004.

    BayStar answers:

    BayStar intends to file an action requesting a declaratory judgment with respect to its rights under the Stock Repurchase Agreement. Until a final determination is made by the court, BayStar maintains its position as a Series A-1 Preferred stockholder of SCO.

    --
    Belief is the currency of delusion.
  15. Re:This whole SCO thing goes to show.... by miniver · · Score: 3, Informative
    Is word creation in English substantially different than in other languages?

    The primary reason for the size of the English vocabulary (and why English is one of the most popular international languages) is that English is like the Borg: all new words are assimilated into the collective. When someone creates a new word, all it takes to be part of English is for people to use it. For that matter, English sucks in words from other languages continuously -- 'rendezvous' was originally from the French phrase 'rendez vous', for present yourself.

    Compare and contrast that with French, where the Académie française dictates whether or not a word is allowed to be part of 'French', and it can take decades to approve of a new word. (BTW, Have the French decided what to call a computer yet?)

    "A language is a dialect with an Army and a Navy."
    -- attributed to Professor Max Weinreich

    --
    We call it art because we have names for the things we understand.