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Randall Davis: IBM Has No SCO Code

Mick Ohrberg writes "As reported by Groklaw, Randall Davis, renowned professor of Computer Science at MIT has after an extensive search found no evidence of SCO's claims that IBM has incorporated parts of the Unix System V code. Davis says "Accordingly, the IBM Code cannot be said, in my opinion, to be a modification or a derivative work based on the Unix System V Code." Surprised, anyone?"

405 comments

  1. Finally... by leonmergen · · Score: 0, Redundant
    So now, after months and months of news about this trial, it's all over now ?

    So basically, SCO is bankrupt now?

    --
    - Leon Mergen
    http://www.solatis.com
    1. Re:Finally... by Anonymous Coward · · Score: 1, Informative

      -So now, after months and months of news about this trial, it's all over now ?

      Not quite..

      An MIT professor isn't a court, although he could be used as an expert if IBM needs to. This is not that big of news imho. Other studies have already found this.

    2. Re:Finally... by MoonFog · · Score: 4, Insightful

      They are far from bankrupt, and probably won't be for a while either. They've already played down their accusations, perhaps trying to have people forget them. Perhaps people will go about their business as they did before this thing started, personally, I hope IBM takes action and drags their sorry faces into the mud.

    3. Re:Finally... by y2imm · · Score: 4, Interesting

      They're not quite dead yet. But keep a good thought!

      The courts have their thorough processes to run through. SCO will get umpteen chances to submit memorandums, emergency memorandums, memorandums in opposition to motions, memorandums in support of motions, motions to support memorandums in support of motions for summary judgement, no wait, theres more...

      It's making me ill to watch how easily the process is to abuse. But thank God, unless a MS steps in and ponies up the cash, it will eventually be over.

    4. Re:Finally... by erick99 · · Score: 5, Insightful
      So now, after months and months of news about this trial, it's all over now ?

      Since Dr. Randall Davis is an expert witness for IBM, I am guessing that SCO will say, "ain't so!" and then they will ask for time to refute Randall's findings and perhaps come up with an expert witness of their own that finds thousands of "matches." Hopefully the judge in this case will recognize Randall for the expert that he is and accept his findings. However, that just doesn't seem likely to me. This is just another round in a case that will continue like this ad nauseum.

      Erick

      --
      http://www.busyweather.com/
    5. Re:Finally... by dasmegabyte · · Score: 4, Interesting

      Wow. That was a quick read, and you know what? Assuming that this guy's completely on the level (and considering his pro-IP stance, I'm willing to do that), SCO really has fuck-all. Up until now, I was ready to give them a chance, mostly due to their sabre rattling about protecting the little guy from the cloning behavior inherent in OSS. But Davis' observations, if substantiated, prove exactly what the OSS community was talking about: the code similarities are largely trivial, and SCO's "code theft" claims are bunkum.

      Whether they still have any patents or copyrights on the functionality of UNIX remains to be seen, and such a case wouldn't necessarily NEED code theft to go forward. Any idiot can see that Linux is a UNIX clone -- the question at that point would be the legality of the cloning process and the layers of licensing that surround it.

      --
      Hey freaks: now you're ju
    6. Re:Finally... by red+floyd · · Score: 1

      I am guessing that SCO will say, "ain't so!" and then they will ask for time to refute Randall's findings and perhaps come up with an expert witness of their own that finds thousands of "matches.

      You forgot the part where they also ask (again!) for every internal iteration of every file used in AIX and Dynix.

      --
      The only reason we have the rights we have is that people just like us died to gain those rights. -- Cheerio Boy
    7. Re:Finally... by Phisbut · · Score: 1
      and then they will ask for time to refute Randall's findings and perhaps come up with an expert witness of their own that finds thousands of "matches."

      Don't forget how they will present it... "Your Honor, our expert witness here found thousands of matches that proves IBM stole our code. However, to preserve our IP, we cannot tell you what they are, but they are there... yes, they are..."

      --
      After 3 days without programming, life becomes meaningless
      - The Tao of Programming
    8. Re:Finally... by shotfeel · · Score: 1

      Of course one could only hope that the SCOxpert would be required to actually show which parts he thought matched what -in a very specific manner.

      Like I said. One can only hope....

    9. Re:Finally... by Nurseman · · Score: 4, Informative
      I hope IBM takes action and drags their sorry faces into the mud.

      This has been gone over at length on Groklaw. IBM HAS taken action. No matter what SCO does, IBM still has a huge countersuit under something called Lanham Act . Methinks SCO is in a bit of trouble

      --
      Save a Life. Donate Blood. Please.
    10. Re:Finally... by tclark · · Score: 2, Informative

      Whether they still have any patents or copyrights on the functionality of UNIX remains to be seen,...

      Ummm, no it doesn't. We already know that SCO doesn't have any patents, and there's no such thing as a copyright on functionality. We copyright code, not functionality.
    11. Re:Finally... by tindur · · Score: 1
      It's making me ill to watch how easily the process is to abuse. But thank God, unless a MS steps in and ponies up the cash, it will eventually be over.
      If SCO runs out of money somebody else might buy the rights to abuse the legal system from them. So let's hope they'll have the money to lose this case in court.
    12. Re:Finally... by Southpaw018 · · Score: 4, Interesting

      Exactly. This is some of the most convincing anti-SCO evidence I've seen. This man has been an expert witness in court in the past and is indisputably an expert in this kind of analysis. Look at the (badly scanned...bleh!) table in the pdf. Line after line after line of code identified by SCO as being stolen, and Davis found absolutely nothing.

      That's a final word as far as I'm concerned, and I'd venture so far as to say if IBM wants to make it so it's the final word as far as the law is concerned.

      --
      ACs are modded -6. I don't read you, I don't mod you, I don't see you. Don't like it? Don't be a coward.
    13. Re:Finally... by glib909 · · Score: 5, Funny

      They're not quite dead yet.

      SCO: I don't want to go on the cart!

      Oh, don't be such a baby. You're not fooling anyone, you'll be stone dead in a moment.
      --
      Suudsu, that stuff is G-E-W-D.
    14. Re:Finally... by dasmegabyte · · Score: 1

      Then I guess they're fucked. I checked your facts on copyright.gov (hey, i was interested, not mistrusting) and sure enough, software is only copyrighted as code, making it a literary work.

      Oh well. No mo' SCO.

      --
      Hey freaks: now you're ju
    15. Re:Finally... by barawn · · Score: 4, Insightful

      Since Dr. Randall Davis is an expert witness for IBM, I am guessing that SCO will say, "ain't so!" and then they will ask for time to refute Randall's findings and perhaps come up with an expert witness of their own that finds thousands of "matches." Hopefully the judge in this case will recognize Randall for the expert that he is and accept his findings. However, that just doesn't seem likely to me. This is just another round in a case that will continue like this ad nauseum.

      Dr. Davis is the person who first elucidated how you compare code (the "abstraction, filtration, comparison" test - Computer Associates vs. Aitai) to see if it violates copyright. SCO will have a hard time trying to argue that its depositions (which are from non-experts, though they claim 'unnamed' experts performed the work) are from people more qualified than Dr. Davis.

      So I guess what I'm saying is that SCO will have a hard time finding an expert witness more qualified than Dr. Davis. (Please note that if they try to present a deposition from one, that will likely be stricken - as SCO has been ordered by the court to present such a deposition, and has not - thus indicating it doesn't have one) And I highly doubt that the court will value any other expert over Dr. Davis anyway.

      SCO has two of its own employees (Dr. Davis is not an IBM employee, though he is being retained by IBM). IBM has the expert witness who first defined how you compare code. Hmm, I wonder which the judge will believe...

    16. Re:Finally... by trewornan · · Score: 1

      Next, SCO file suit against Dr Randall Davis for defamation of title to their intellectual property in the Unix System.

    17. Re:Finally... by Anonymous Coward · · Score: 1, Funny

      How the fuck is this flamebait? It was intended to get me modded +3 or 4 insightful, dammit.

    18. Re:Finally... by Ohreally_factor · · Score: 1

      Technical note:

      SCO will have a hard time trying to argue that its depositions (which are from non-experts, though they claim 'unnamed' experts performed the work) are from people more qualified than Dr. Davis.

      These are declarations, not depositions. Depositions are a completely diffferent thing. They involve being deposed by a lawyer or lawyers, i.e., questioned.

      It's interesting to note that SCO has said that their people making declarations are making them as layman, but that they could be experts if they wanted. =)

      --
      It's not offtopic, dumbass. It's orthogonal.
    19. Re:Finally... by Total_Wimp · · Score: 1

      Am I the only one that noticed that this study was paid for by IBM? I'm certainly not saying it's incorrect, but it's certainly not a near death blow either.

      In fact, it's nothing more than the defendant saying black to the accuser's white.

      Before you say I'm full of it, please look at your own opinion of certain studies paid for by Microsoft. Thought so. The fact that they paid for it means a lot.

      TW

    20. Re:Finally... by aelbric · · Score: 1

      Darl: I feel happy... I feel happy.
      [whop]
      IBM: Ah, thanks very much.
      Judge: Not at all. See you on Thursday.

      --
      nos laetus epulor qui would domito nos
    21. Re:Finally... by Chris+Burke · · Score: 2, Informative

      sure enough, software is only copyrighted as code, making it a literary work.

      Yep. You can't copyright ideas, only a particular expression of ideas. In as much as the code -is- the idea, or implements a standard, it can't be copyrighted (e.g. interfaces). Patents cover ideas, not copyright.

      Not that SCO hasn't argued exactly the opposite! They've been saying "UNIX concepts and methods" have been infringed as in the press, and even in the courts. It hasn't flown in court at all. The only examples they have of 'infringement' are exactly the kind of standard interfaces that can't be protected.

      So basically their entire court case is based on a false reading of copyright law that, judging by the times on comments, would have taken them about 13 minutes of research to disprove. Pathetic.

      --

      The enemies of Democracy are
    22. Re:Finally... by Zordak · · Score: 2, Insightful
      In a court case like this, the two sides are expected to retain and pay expert witnesses to advise the court. The experts are expected to be honest because their reputation, which is worth quite a lot (in this case $550/hr) is riding on their testimony. In fact, at Wednesday's hearing, Judge Kimball basically asked SCO why they hadn't retained any experts to counter IBM's numerous real experts. SCO lamely responded that it was still too early (15 months into the case). What they didn't (and couldn't) say is that they haven't retained any experts because no expert is going to sign his reputable name to their idiot theories. The only testimony that SCO has offered is that of Chris Sontag and Sandeep Gupta, two SCO employees. They were paid too. The difference is, Dr. Davis is able to submit a formidable resume that qualifies him to offer expert testimony. Sontag actually tries to sound qualified by saying that he has an MIS degree and took some computer classes in college. Gupta has an engineering degree. The problem is, SCO can't even decide what kind of testimony these guys are giving. It was supposed to be personal knowledge (which anyone can give regarding what they have seen directly), but they then went on to give what amounted to expert testimony (which is supposed to be based on deep, extensive knowledge in the field, like Dr. Davis'). Then SCO's lawyers went on to tell the court that, althogh Sontag and Gupta gave personal experience testiomny, they qualified as experts, and their testimony was relevant, but Dr. Davis' wasn't.

      The point is, this is not IBM paying some front man to do their dirty FUD work and dress it up as an "independent" study. Everybody in the court knows that IBM is paying Dr. Davis as they are expected to. What is telling is that SCO has been unable to offer any counter-testimony from any real experts. They've still got $50 million in the bank. It's not because they can't afford it.

      --

      Today's Sesame Street was brought to you by the number e.
    23. Re:Finally... by Total_Wimp · · Score: 1

      In a court case like this, the two sides are expected to retain and pay expert witnesses to advise the court.

      Yes they are, but juries are also expected to closely examine the testimony and the motivation for giving it. If slashdotters were good jury members they'd be wise to at least take this into account. Why aren't slashdotters questioning the financial relationship? Why aren't the asking to see the modifications the doctor made to the open-source programs he used? Why aren't they asking anything at all?

      You want to believe Dr. Davis and I want to believe him, but when a megacorp pays someone to back them up I'm sure as hell going to take a closer look before dancing in the streets.

      TW

    24. Re:Finally... by r_j_prahad · · Score: 1

      I hope IBM takes action and drags their sorry faces into the mud.

      I'd rather they (SCO) got their faces drug though feces.

    25. Re:Finally... by Weirsbaski · · Score: 1

      >So now, after months and months of news about this trial, it's all over now ?

      Since Dr. Randall Davis is an expert witness for IBM, I am guessing that SCO will say, "ain't so!" and then they will ask for time to refute Randall's findings and perhaps come up with an expert witness of their own that finds thousands of "matches."


      Might be a good thing. Then the judge and IBM can ask for this list of "matches".

      --

      I am not a sig.
    26. Re:Finally... by Zordak · · Score: 1
      Fair enough. It's good policy not to just believe what other people say just 'cause they said so. But you missed the other important point. Yes, you should look closely at either side's experts, because they are indeed paid (though I don't think Dr. Davis is so strapped for cash he'd be willing to outright lie for a few thousand dollars), and Groklaw and Slashdot have indeed had a lot of discussion about this testimony, including some small nitpicks. However, both sides will usually have expert witnesses supporting their side of the story, meaning the judge/jury will have to decide which expert is more credible and had the better testimony.

      The telling thing here is that, while IBM was able to convince a world-renowned, leading expert on Computer Science to back up their story, SCO was not. Like I said, it's not because they don't have the money. They have $30 million to throw at sub-par lawyers. They could have paid Dr. Davis $550/hr to testify for them, only he wouldn't have done so because they are wrong. They could have paid Brian Kernighan to testify, but he testified for IBM instead. They could afford any of the experts IBM has paid, and with the future of the company riding on this litigation, they should have. The only reasonable explanation for them not having a real expert is that no real expert would set foot in Lindon for all the money in the world. The reason these statements from Dr. Davis are so important is that from a legal standpoint, they are basically uncontested. In the court, it's up to SCO to contest that testimony, which they haven't done in any meaningful way (except to call it "irrelevant" without backing that up, and to offer the inadmissible testimony of two of their own employees posing as experts), which means the judge can pretty much accept them as fact, and be on solid legal ground.

      --

      Today's Sesame Street was brought to you by the number e.
    27. Re:Finally... by dbIII · · Score: 1
      They are far from bankrupt, and probably won't be for a while either.
      It depends on how quickly the McBride brothers fleece SCO. They'll gut it and move onto another target soon.
    28. Re:Finally... by surprise_audit · · Score: 1

      As well as the IDM countersuit, there's the very real possibility that the judge would take an extremely dim view of SCO saying "Wups, sorry. Didn't mean it really"... And didn't SCO mention something in SEC filings about the pots of money they expected to get in settlements and licensing when they finally won this case?? If so, they can't really back down without irritating the SEC as well as the judge...

    29. Re:Finally... by fejes · · Score: 1
      Any idiot can see that Linux is a UNIX clone -- the question at that point would be the legality of the cloning process and the layers of licensing that surround it.



      Actually, depending on what you mean by "clone", I'd hesitate to actually call Linux a UNIX clone. In my mind, it's more like meeting two people on the street who look the same.

      A clone, in science at least, involves using information (and usually LOTS of it) from the first entity to create the second entity. In this case, the second one was sculpted to look like the first, but there was no copying! - Thank you Dr. Davis!

      --
      The more you know, the more you know you don't know.
  2. Wait... by Dayze!Confused · · Score: 5, Funny

    you mean that SCO has been lying to us?

    --
    "All tyranny needs to gain a foothold is for people of good conscience to remain silent." [Thomas Jefferson]
    1. Re:Wait... by Anonymous Coward · · Score: 5, Funny

      "We are still seeing copyright violations being committed and the damage is still occurring on a daily basis, yet the other side said, "What is the problem? Look, we took it out of the future versions."

      We showed over a million lines of code and where it has existed. [Linux creator] Linus Torvalds has told me that the Linux kernel has around 5 million lines of code. This derivative code accounts for 20 percent of the Linux code base."
      Q&A: SCO Group CEO Darl McBride By Michael Singer
      http://www.internetnews.com/ent-news/article.php/3 114341

      WTF! This guy can find a single line!! he must be blind! The CEO of SCO says that 1/5 of linux is a copy. Darl Mcbride would not lie!!!

      Remeber SCO owns c++ too!
      "And C++ programming languages, we own those" -Darl McBride
      Caldera CEO waves UnitedLinux banner By ZDNet Staff August 15, 2002 http://techupdate.zdnet.com/techupdate/stories/mai n/0,14179,2877578,00.html

    2. Re:Wait... by Anonymous Coward · · Score: 3, Informative

      Remeber SCO owns c++ too!
      "And C++ programming languages, we own those" -Darl McBride


      And nobody was more surprised to hear it than Bjarne Stroustrup himself!

    3. Re:Wait... by stor · · Score: 1

      Just so noone hammers Bjarne's page, here's the relevant bit cut-n-pasted from the FAQ:

      "But someone from SCO claimed that they own C++"; is that not so? It's complete rubbish. I saw that interview. The SCO guy clearly had no clue what C++ was, referreing to it as "the C++ languages". At most, SCO may own a 15-year old and seriously outdated version of Cfront - my original C++ compiler. I was careful not to patent or trademark anything to do with C++. That's one reason we write plain "C++" and not "C++(tm)". The C++ standard is unencumbered of patents - the committee carefully checked that also.

      Cheers
      Stor

      --
      "Yeah well there's a lot of stuff that should be, but isn't"
    4. Re:Wait... by dbIII · · Score: 1
      We showed over a million lines of code and where it has existed.
      The funny thing is that all printed out neatly the million lines of code fits in a single, easily carried breifcase.

      SCO should stop losing money on court cases and shift their focus into selling these wonderful breifcases - antigravity and space distortion technology could make them a fortune!

      One very annoying thing about this is that a lot of competant people have wasted a lot of time rufuting things that are just special effects of a stock scam.

      When a company shows huge amounts of contempt for clients (look at this slide, this unix stuff is all greek to me so I've used a greek font - next up is a little bit of film to compare me to James Bond and show that I've completely lost the plot) it is usually on the way out unless it is the cheapest option or the only game in town.

    5. Re:Wait... by Zemran · · Score: 1

      And in other news, bears have been found going to the toilet in the woods....

      --
      I love stacking my barbecues in the shed at the end of summer - you can't beat a bit of grill on grill action.
  3. Figures... by Anonymous Coward · · Score: 3, Funny

    Well, you thought that SCO's case had to be standing on SOMETHING, right? COlor me surprised! ;)

    1. Re:Figures... by Tackhead · · Score: 1
      > Well, you thought that SCO's case had to be standing on SOMETHING, right?

      We did?

    2. Re:Figures... by Anonymous Coward · · Score: 0

      Well, you thought that SCO's case had to be standing on SOMETHING, right? COlor me surprised! ;)

      10 feet of frozen dog poo - and in the heat of argument it's starting to melt.

  4. Counter example would have helped. by Godeke · · Score: 5, Interesting

    One thing was pointed out on Groklaw that I think was relevant. Although I think SCO has no case, I'm sure they will jump on the fact that the expert didn't provide an example of a true derivative work run through the same procedure.

    It surely wouldn't have been hard to take some, say, early and "in the clear" code that has been reused and modified over time to show both that it can be identified and to show how code that has evolved can still leave the fingerprint of the original code. Without that counter example the failure to find matches would seem underwhelming. (The closest the testimony came to this was showing a positive result that was generated and showing how it was a commonly repeated pattern in all software written in C, not something specific to these two programs).

    Perhaps elsewhere in IBMs testimony there was reference to this same procedure being successfully?

    --
    Sig under construction since 1998.
    1. Re:Counter example would have helped. by mindstrm · · Score: 5, Insightful

      He doesn't need to; the software in question has probably been used many times before for the exact same thing.

      Everyone is getting so far off base on this.

      SCO is manging to convince people that this is somehow difficult to prove.. that they need more research and more time to PROVE that IBM stole code and put it in linux. Their only claim as to why they think Linux has SCO code is "because there is no way linux could have become as good as it did without stealing from us".. ie: denial

      They have yet to show ONE section of code that was lifted. They haven't even shown how one was *similar* enough to have potentially been stolen and heavily modified.. they have shown *NOTHING*

      IT's called an expert witness... and their word DOES mean something to the court.. they stake their reputation on it.

    2. Re:Counter example would have helped. by dennbruce · · Score: 0

      I think it is safe to say that this does not signify the end of this debacle, after all SCO would have turned a profit last year had they not been busy paying lawyer's fees. They've keep fighting against all odds and why quit now. It seems to be their business plan, maybe this is why their stock has gone from over $22 a share to around $4.

      I knew I should have shorted that stock...

      If nothing else you've got to give SCO credit for stick-to-it-ive-ness

      ...Oops there goes another rubber tree plan

    3. Re:Counter example would have helped. by cyclopropene · · Score: 0

      As a qualified expert witness, I don't think he needs to show a counter example any more than an expert forensic scientist testifying at a criminal trial needs to provide a counter example when he says that the blood at the crime scene matches the defendent (or doesn't).

      It's not like this is the first time he's done this. His counterexamples are in his resume, that's why he's the one examining the code.

      --
      Shouldn't you be doing something useful?
    4. Re:Counter example would have helped. by Anonymous Coward · · Score: 0

      He's an expert at doing this stuff, so he's already familiar with how the tools work... Besides, SCO has had ample opportunity to have their experts go through and show at least 1 example of infringing code, but they haven't. The only reasonable conclusion is that they haven't because they can't... especially given that the court has ordered them to do so -- twice.

    5. Re:Counter example would have helped. by OldAndSlow · · Score: 2, Informative
      It surely wouldn't have been hard to take some, say, early and "in the clear" code that has been reused and modified over time to show both that it can be identified and to show how code that has evolved can still leave the fingerprint of the original code.

      That's the SCO argument, isn't it, that derivative works are theirs by copyright. Trouble is that the law is different. Copyright covers the representation not the idea. And for software having malloc() in two pieces of code doesn't rise to copyright violation.

    6. Re:Counter example would have helped. by Anonymous Coward · · Score: 2, Funny
      "because there is no way linux could have become as good as it did without stealing from us".. ie: denial

      I've use SCO Unix. It was by far the worst unix exp. I've ever had.
      If Linux had copied any of SCOs code it wouldn't be as good as it is now.
      I'm sure this is not news to anyone here...lol
    7. Re:Counter example would have helped. by darkonc · · Score: 1
      He doesn't need to; the software in question has probably been used many times before for the exact same thing.

      No doubt that it's been used before (and successfully, too!), but it would have been a good idea to provide an example of the code finding true positives so that:

      1. The judge would have proof that it works.
      2. SCO would have no excuse to say "ah, it just can't find anything
      On the other hand, he did provide at least one example of false positives -- which really does do the jobs listed above and even proves that the program finds stuff that is vaguely similar even if it doesn't fit the criteria for protectability.
      --
      Sometimes boldness is in fashion. Sometimes only the brave will be bold.
    8. Re:Counter example would have helped. by MConlon · · Score: 1

      They probably use the programs to detect copying in undergrad assignments, and can produce evidence if needed.

      MJC

    9. Re:Counter example would have helped. by Anonymous Coward · · Score: 0

      " He doesn't need to; the software in question has probably been used many times before for the exact same thing."

      Sorry this statement isn't true. If you read the report carefully you will find that the assistant modified the code. This was a strategic error in my mind because of the potential of breaking the comparison tools. A comparison on a derived work would have left no question of the validity of the tests.

    10. Re:Counter example would have helped. by Godeke · · Score: 1

      The statement that "the software in question has probably been used" doesn't really impress me. I doubt it would impress a judge either.

      You are correct that SCO is trying to make it sound like it is difficult to prove, which is exactly why a backgrounder that shows it isn't hard would have been a darned good idea. SCO has ever intention of stringing this out for as long as possible, and anything that could help convince the judge now instead of forcing this to a jury trial (where, as it has been pointed out, anything can happen) would be a good idea. That was my point.

      Remember, SCO doesn't have to prove anything, just bring enough doubt that the judge allows a jury trial. (That alone would spike stock prices I suspect.) Why would it be a good idea to leave an opening for more doubt? SCO said the same analysis would take tens of thousands of man hours for the sole purpose of leaving doubt. We know that is absurd, but even with SCO being wrong, raised doubts weaken the possibility of summary judgements. Meaning they get to play the stock market at least one more time for cash and prizes.

      --
      Sig under construction since 1998.
    11. Re:Counter example would have helped. by darkonc · · Score: 5, Insightful
      I'm sure they will jump on the fact that the expert didn't provide an example of a true derivative work run through the same procedure.

      It just hit me: He doesn't have to. It's SCO's responsibility to show that there is infringing code in Linux. It's not IBM's responsibility to show that there is none. All that Davis has to prove is that the search is feasible in a reasonable ammount of time (as opposed to SCO's claim of 25,000 man-years). He's done this admirably. Not being able to find anything is simply icing on the cake.

      One beautiful thing about this is that (AFAICT) all (or almost all) of the software he used seems to be Open source (although he has references some similar commercial software), so SCO has absolutely no excuse to not repeat his experiment and come up with different results (presuming that they've actually got a case), given that it takes about 1 hour to run the comparison on off-the-shelf hardware.

      The other beautiful thing about this is -- remember Darl's remarks about an MIT team deep-diving the code?...... (boot to the head!)
      "I've shown you mine, now you show me yours!"

      --
      Sometimes boldness is in fashion. Sometimes only the brave will be bold.
    12. Re:Counter example would have helped. by theMightyE · · Score: 4, Insightful
      SCO is manging to convince people that this is somehow difficult to prove... They have yet to show ONE section of code that was lifted. They haven't even shown how one was *similar* enough to have potentially been stolen and heavily modified.. they have shown *NOTHING*

      I've been thinking this was strange too. After all, if code was copied into Linux it is essentially a public document now - out there for everyone to see. All SCO would have to do is download it and print it out side-by-side with a copy of their matching code. Case closed. SCO wins.

      The fact that they haven't done this extremely simple thing seems to strongly point to SCO being a bunch of total bullshitters. Even if some malicious programmer intentionally stole code and modified it slightly (changed variable names, comments, re-arranged the order of functions in header files, etc.) it should be pretty trivial to show a judge what happened and move on to the 'get sacks of cash from IBM' phase of the trial.

      Funny, you would think that a company that is suffering continuous, ongoing harm to the tune of US$699 per user would be pretty quick to do such a thing...

    13. Re:Counter example would have helped. by Flower · · Score: 1
      ... which is exactly why a backgrounder that shows it isn't hard would have been a darned good idea.

      Go back to the declaration and examine the man's credentials. IBM didn't just get an authority on comparing code they got *the* authority. Prof Davis understands the technologies used, he understands the methodologies to follow, he has previous experience in doing code comparisons for trials.

      And in his declaration Prof Davis details the process he used to take the code SCO says is offending and prove that it is not. Btw, what code is he going to pull to determine a positive? One person has mentioned the various BSD codebases but come on they aren't relevent. OpenBSD isn't purloining NetBSD code and trying to maintain it's theirs. The BSD license allows others to take it so there isn't a need to obfuscate it. And I don't think Prof Davis is going to be able to go back and get proprietary code from another case to run through and provide this proof.

      Then you get into the issue that providing a test case opens up another line of inquiry for SCO to attack from. "So, you're saying this method of obfuscation will be detected. But that's not the type of thing we're saying has been done here. Will your software detect this?" It is simply better that Prof Davis details why he is competent to provide expert testimony and fall back on his reputation and practical experience. He's an expert, he's looked over the tools and found them to be fit for the job at hand. The burden is now on SCO to show that those tools are not fit.

      And SCO can't just spew rhetoric to get the PSJ dismissed. There has to be something that can be pursued and then taken to the jury. The bar is a little higher than casting doubt. And so far what they've been tossing out has been shredded. Note the comment made by Prof Davis re: the code Gupta says is possibly infringing:

      ... I compared the lines of Linux code identified by Mr. Gupta with the specific lines of System V 4.2 ES-MP code that Mr. Gupta claims matches the Linux code. As is obvious upon review (and may be obvious even to a non-technical reviewer), the Linux code cited by Mr. Gupta does not contain any of, and is not in any way similar to, the Unix code that he cites. The code is entirely different. In my opinion, therefore, the code cited by Mr. Gupta for ipc/util.c and kernel/futex.c cannot be considered modifications or derivative works of Unix System V. <emphasis mine>

      Now that's a pimp slap if I ever saw one. And remember, this is an expert dismantling a declaration submitted as personal opinion. I don't think providing proof of a positive result with the software used is going to substantially add anything to the declaration.
      --
      I don't want knowledge. I want certainty. - Law, David Bowie
    14. Re:Counter example would have helped. by Zeinfeld · · Score: 1
      Go back to the declaration and examine the man's credentials. IBM didn't just get an authority on comparing code they got *the* authority. Prof Davis understands the technologies used, he understands the methodologies to follow, he has previous experience in doing code comparisons for trials.

      Before you start into panexorisms of praise for Randy perhaps you could explain what he has done that makes him such an exalted expert on the subject.

      I don't doubt the conclusion he has come to, but lets try to keep some proportion here.

      Last week we had two bunches of idiots discussing vintage typewriters. One group was attesting to the eminence and expertise of a bunch of 'experts' denouncing the documents as fake because no typewriter could have produced them. Another group that the documents were genuine beyond all doubt. And a third group pointing out that it would be easy enough to find out the truth by examining the microfiches that the Whitehouse refuses to allow released.

      As it turns out the typewriter experts were completely wrong, the documents were typewritten and contained features no computer system would ever produce (like the alignment of the characters on the baseline being off). The somewhat fewer number of folk claiming the documents definitely genuine on the basis that Dan Rather makes no mistakes ever also seem to be wrong since the typist concerned says that she never used a proportional spacing typewriter while working for Killian.

      On the other hand the secretary does say that she typed up memos that said exactly the same damn thing and that Bush's antics at the base were notorious at the time.

      So lets not get too invested in experts and such. It may well turn out that there are lines of code that turn out to be the same, but that does not prove very much since it is entirely possible that common chunks of code come from a third source - like the Berkley TCP stack and such.

      The key thing to remember here is that we know where the vast majority of Linux code was written, by whom and when. Even if SCO proves to be right about small chunks that are similar it will be easy enough to replace them.

      Has SCO met the burden of proof required to continue with the burdensome discovery that they are demanding? I don't think so, they have aledged much and proved nothing

      --
      Looking for an Information Security student project suggestion?
      Try http://dotcrimeManifesto.com/
    15. Re:Counter example would have helped. by Anonymous Coward · · Score: 1, Funny

      Of course the COMPARATOR program didn't find any copyright infringment, it's Open Source! It's been cleverly designed to notice a test of Open Source software against proprietary software and ignore all the copied code it contains. And if you try to remove the backdoor and recompile the COMPARATOR program with an Open Source compiler the compiler will re-insert code automatically. Any time you copy, print or edit Open Source code the Open Source program that does the copying, printing or editing automatically hides the stolen code. Don't you see that SCO is just trying to save us from the international Open Source conspiracy?

    16. Re:Counter example would have helped. by dbIII · · Score: 1
      It just hit me: He doesn't have to. It's SCO's responsibility to show that there is infringing code in Linux. It's not IBM's responsibility to show that there is none.
      Entirely true, and I suspect SCO's legal team will say something as stupid and irrelevant as asking what the witness had for lunch on day 3 of looking at the code - make a big deal about it, and siphon more money out of the bleeding husk of SCO until it is gone, at which case these pointless court cases will cease.

      We have what looks like a stock scam, with Darl McBride doing it, and a legal scam, with his brother pocketing the fees of this company they are fleecing. Anything within the bounds of logic has been dumped as irrelevant, which is true, since it's just impeding the important business of the two scams.

      I think they're in it for the money and the reputation - later on they'll be able to say "we took on IBM, and we would have beat it too is it wasn't for those meddling kids and their darn penguin". From day one it looked like an unwinnable case, with the whole fishy "they did something wrong but we won't tell you what" line. When SCO is dead and gone, and Darl is looking for another spot, boards will say "Darl, he took on IBM - we need a go getter like him". None of these people care what a computer is, and unless Darl and his brother get penalised by some breed of regulating authority they have bright futures ahead of them. If they were somehow to win it would be a bad day for Darl and his brother, they would have to get SCO into a state where it could function and eventually people would start coming around and ask for various dodgy expenses to be justified, but if they lose Darl will not have to answer all of those awkward questions, like "why did you give all this SCO money to your brother?". They picked this fight to lose, and will go on from this small company to a bigger one - the average shopping centre manager has more staff and a bigger operating budget than SCO.

      We shouldn't be confusing technical issues with business ethics ones, the technical issues are just a poorly constructed smokescreen along the lines of "look it's magic" and "a good magician never reveals their tricks". It could have just as easily been a hydrogen car with a concealed extra fuel tank, or claiming J.K. Rowling stole their story - unfortunately for us in this case they used linux and wasted the time of a lot of people.

      Still, it introduced us all to Groklaw.

    17. Re:Counter example would have helped. by tftp · · Score: 1
      boards will say "Darl, he took on IBM - we need a go getter like him"

      Darl would be too busy defending himself against IBM counter-suit, as well as the class action of SCO stockholders (he wasted how many of their own millions on what? Did knowingly spent the money for nothing, or just out of sheer stupidity? These will be the questions.)

    18. Re:Counter example would have helped. by mindstrm · · Score: 1


      Randall Davis is a Professor of Computer Science at MIT where his research has focused on variety of model-based systems for diagnosis and design. He has also served as Associate Director of MIT's AI Lab, as the President of the AAAI, and as a member of the US Air Force Scientific Advisory Board. In 1990 he served as technical expert to the Court in the case of Computer Associates v. Altai, a case which substantially changed the legal view of software copyright. From 1998-2000 he chaired a study committee for the Computer Science and Telecommunications Board of the National Academy of Science; the report produced by the commmittee -- The Digital Dilemma -- was published in Februry 2000.

  5. In other news... by CrayzyJ · · Score: 4, Funny

    rocks are hard and water is wet.

    More at 11.

    --
    Holy s-, it's Jesus!
    1. Re:In other news... by escher · · Score: 4, Funny

      Counterexamples: magma, ice.

    2. Re:In other news... by Anonymous Coward · · Score: 3, Funny

      okay, fine...

      rocks are wet and water is hard...

    3. Re:In other news... by DarKnyht · · Score: 2, Insightful

      And don't forget Slashdot readers will nitpick.

      --
      Voting them all out of office, now that's change I can believe in.
    4. Re:In other news... by glib909 · · Score: 1

      In yet other news ... nerds remain anal. :P

      --
      Suudsu, that stuff is G-E-W-D.
    5. Re:In other news... by Karma+Star · · Score: 1

      Is frozen water wet?

      --
      Me email iz skyewalkerluke at microsoft's free email service.
    6. Re:In other news... by escher · · Score: 1

      Counter examples: those pebbles outside, the water in my drinking cup.

    7. Re:In other news... by Anonymous Coward · · Score: 0

      Is frozen water water?

    8. Re:In other news... by lessthanjakejohn · · Score: 1

      that would be ice

    9. Re:In other news... by Anonymous Coward · · Score: 1, Funny

      _____s are hard and _____ is wet.

      Sexual innuendo at 11.

    10. Re:In other news... by Anonymous Coward · · Score: 3, Funny

      Examples noted, please provide empirical evidence that magma doe indeed qualify as "wet" and that ice while qualifying as "hard" does not also qualify as "wet" even in that state.

      Also, magma and ice not being capable of existing in the same environmental conditions, may not meet the requirements of proper experimental research, therefore all experiments must be carried out at 0 degrees kelvin to avoid corruption of data, atmospheric pressure may be designated by the experimenter.

    11. Re:In other news... by Kehvarl · · Score: 1

      yes, but does it still qualify as "wet" ?

    12. Re:In other news... by Anonymous Coward · · Score: 0

      Grits are hard and Natalie Portman is wet? Wait, that doesn't work.

    13. Re:In other news... by escher · · Score: 3, Funny

      Crap. You win.

      *bows*

      Wait... I don't have to commit nerd ritual suicide now, do I?

      *prepares to FLEE*

    14. Re:In other news... by Anonymous Coward · · Score: 0

      At STP

    15. Re:In other news... by stor · · Score: 1

      Oh man, it's going to take us about 25,000 man-years to conduct this research.

      Cheers
      Stor

      --
      "Yeah well there's a lot of stuff that should be, but isn't"
    16. Re:In other news... by dbIII · · Score: 1
      Counterexamples: magma, ice.
      Your counterexamples do not phase me.
    17. Re:In other news... by Anonymous Coward · · Score: 1, Informative

      Magma may not qualify as rock. (Interestingly, ice does. At least it's a mineral.) The American Heritage Dictionary describes rock as, among other things "a naturally formed aggregate of mineral matter constituting a significant part of the earth's crust." So while magma often, although not always, includes a solid crystal phase, it also contains liquid material to quality as magma. Plus, that definition isn't sufficiently inclusive to cover coal, which is not a mineral, but is usually considered a rock. The dictionary also suggests that things similar to stone are rocks, and stone is defined as "concreted earthy or mineral matter" (among other less relevant definitions). This suggests, based on the word "concreted" that stone is exists in a solid phase.

      So while it is not conclusive, it appears that rocks are probably solids.

      Ice is also pretty soft, as rocks go. It only has a mohs hardness of about 2.5. (This is notable because people always imagine glacial ice carving up rock, but it doesn't, at least not directly. The ice is too soft. Glaciers erode, and very effective at doing so, by many mechanisms, but much of that erosion is accomplished by abrading the underlying rocks with pieces of non-ice rock frozen in to the bottom of the glacier, or by "plucking" wherein the glacier freezes around a bit of rock and yanks it out of the ground.)

      Anyway, while ice may be rock, magma can sometimes qualify as wet. Depending on conditions and composition it usually contains a few % water, and some rare magmas may have up to 10 weight-percent dissolved water. Water aids in melting (both ice and other rocks), and is present to varying degrees in all magma. Mid-ocean ridge type magmas tend to be rather dry, but most crustal melts have a high fraction of water. The water content is very important to many magmatic processes: it is a key variable affecting the violence of eruptions if a body of magma reaches the surface; it affects intrusive metamorphism; and it allows rocks to melt that couldn't even approach melting temperature if they were dry.

    18. Re:In other news... by Anonymous Coward · · Score: 0

      Good one.

    19. Re:In other news... by Bloater · · Score: 1

      I don't think so, "wet" is a perception of sensory input, to perceive the feel of ice, it must be cold enough that it does not defrost at the surface when you touch it and is not covered in liquid water already. Such ice is sticky.

    20. Re:In other news... by Anonymous Coward · · Score: 1, Funny
      *prepares to FLEE*

      Leaving your computer IS nerd ritual suicide.

  6. Really??!! by theparanoidcynic · · Score: 5, Funny

    I thought SCO was telling the truth the whole time. You mean to tell me that those bastardly socialist hackers have done nothing wrong? Impudence!

    --
    Only in a Slashdot fantasy can a Slackware install turn into several hours of sex . . . . .
    1. Re:Really??!! by Bull999999 · · Score: 1

      What's this world coming to!!! Are they going to say that Microsoft isn't a kind and honest corporation next?

      --
      1f u c4n r34d th1s u r34lly n33d t0 g37 l41d
    2. Re:Really??!! by theparanoidcynic · · Score: 3, Funny

      I think that would break me if it were true. It can't be true. I thought Redmond was a happy forest filled with drunken leprechauns and talking unicorns. I know it is . . . .

      * Runs off crying. *

      --
      Only in a Slashdot fantasy can a Slackware install turn into several hours of sex . . . . .
    3. Re:Really??!! by Anonymous Coward · · Score: 0
      Damn me too, thanks to Enderle and that Di1do chick's articles in illustrious journals like Forbes. Thanks to those three I believed them so much I put my retirement money in SCOX. Can I sue them for misleading me?

    4. Re:Really??!! by pixelpusher220 · · Score: 3, Funny

      Kind AND Honest? no

      Kind OF Honest? well you're getting closer ;-)


      --
      People in cars cause accidents....accidents in cars cause people :-D
    5. Re:Really??!! by SillySlashdotName · · Score: 2, Informative

      Interesting if true. Not true; therefore not interesting.

      To be fair, noone says they aren't, except an expert who was payed a lot of money (550/hr) by IBM to say so.

      To you and I that would be a lot of money, but TSG is willing to pay BS&F many multiples of that (their law firm charges over $600/hr per lawyer, more for courtroom time. Mr. Silver was paid for 3 hours in this last hearing AND HE SLEPT THROUGH PART OF IT) for their expertice, why should IBM be less willing to spend money for expertice on their side?

      As far as Mr. Silver, I would be willing to sleep for a few hours at $600 per hour, where do I sign up?

      Randall Davis was paid a consulting fee (less than $6000 as far as I can determine)to give his expert opinion, not to say what IBM wanted. If what he found did not fit what IBM wanted, he would have still been paid, but his opinion would not have been used.

      But of course, he's a lawyer, and they're well known for their morals and are among the most honorable men and women on the earth. They would never cheapen their personal values, nor lie and twist evidence, for cash.

      But of course you are wrong and he IS NOT a lawyer, he is a professor at MIT and the developer of the standard test used by the 10th curcuit court - the Abstract/Filter/Compare test -which makes him a very big gun indeed, quite like smaching the SCO Group mosquito with a piledriver - massive overkill for such vermin.

      --
      Acts of massive stupidity are almost never covered by warranty. --me.
    6. Re:Really??!! by Anonymous Coward · · Score: 2, Funny

      But of course you are wrong and he IS NOT a lawyer, he is a professor at MIT

      This isn't fair. You only know this because you read TFA. If you're going to post here, you'll have to play by the rules and post only nonsense based on ignorance.

    7. Re:Really??!! by Dever · · Score: 1
      you must have mistyped 'farther'. don't feel bad, the keys are very close to each other.

      --
      - I'd prefer not to.
    8. Re:Really??!! by Zordak · · Score: 1

      Maybe he knows that because he just knows who Randall Davis is. He is rather well known in computing circles. I'd say it's totally fair to post facts, even ones that are true, as long as they're only based on hearsay.

      --

      Today's Sesame Street was brought to you by the number e.
    9. Re:Really??!! by Anonymous Coward · · Score: 0

      It's the first thing that's said in the slashdot summary...

    10. Re:Really??!! by Master+of+Transhuman · · Score: 1

      Here's a better idea!

      Everybody on Slashdot download the PDF and email it to Rob with the note: "Have a nice day, Rob!"

      --
      Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
  7. I found this out a while ago... by StevenHenderson · · Score: 1, Funny
    diff IBMcode SCOliarscode > lawsuitammo.txt

    nedit lawsuitammo.txt





    (null)


    1. Re:I found this out a while ago... by Mr+Guy · · Score: 4, Insightful

      So wait, you're trying to say they are EXACTLY THE SAME?

    2. Re:I found this out a while ago... by Anonymous Coward · · Score: 0

      So what you're saying is that the IBM code and the SCO code are exactly the same? wtf?

    3. Re:I found this out a while ago... by Shippy · · Score: 1

      Uhhh, you mean it found no differences which means that IBMcode == SCOliarscode? That's no good. I'm confused...

      Maybe it's because I've never used nedit and am missing something?

      --
      -Shippy
    4. Re:I found this out a while ago... by StevenHenderson · · Score: 0, Flamebait

      *GASP* Would I dare? But Darl seems so "nice" and "honest"! (Read: sleazy and dirty like a hooker)

    5. Re:I found this out a while ago... by StevenHenderson · · Score: 1

      To all replies: It's a joke people!!! Sheesh!

    6. Re:I found this out a while ago... by StevenHenderson · · Score: 1

      nedit = text editor like e or vi (kinda)

    7. Re:I found this out a while ago... by _xeno_ · · Score: 2, Funny
      Nah, the lameness filter probably removed the many lines of:

      < IBMcode
      < IBMcode
      < IBMcode
      ===
      > SCOliarscode
      > SCOliarscode
      > SCOliarscode
      > SCOliarscode

      Either that, or nedit couldn't open such a large file and wound up with a (null) when it tried to malloc the entire SCO code base and IBM code base.

      (Over-analysing jokes - it's not just for pendants any more!)

      --
      You are in a maze of twisty little relative jumps, all alike.
    8. Re:I found this out a while ago... by GammaTau · · Score: 1

      To all replies: It's a joke people!!! Sheesh!

      Those who don't understand Unix jokes are doomed to reinvent them, poorly. :)

    9. Re:I found this out a while ago... by Carnildo · · Score: 1

      nedit = text editor like e or vi (kinda)

      Isn't "e" a window manager?

      --
      "They redundantly repeated themselves over and over again incessantly without end ad infinitum" -- ibid.
    10. Re:I found this out a while ago... by Sr.+Zezinho · · Score: 1
      But Darl seems so "nice" and "honest"! (Read: sleazy and dirty like a hooker)

      Please stop deriding that old and respectable profession!

      [zmoreira at netscape dot net]

      --
      os trabalhos e os dias: http://zmoreira.net
    11. Re:I found this out a while ago... by JPelorat · · Score: 1

      Silly pendant, jokes are for amulets!

      --
      Hokey statistics and ancient misconceptions are no match for a good thought in your head, kid!
    12. Re:I found this out a while ago... by peragrin · · Score: 1

      did anyone else read

      scoliarcode

      as

      solariscode

      The results wil probally be the same too.

      --
      i thought once I was found, but it was only a dream.
    13. Re:I found this out a while ago... by StevenHenderson · · Score: 1

      Not really sure - I think in my shell/profile it is set up as a shortcut...im not a huge unix guy though...

    14. Re:I found this out a while ago... by Anonymous Coward · · Score: 0

      sent invite - enjoy!

    15. Re:I found this out a while ago... by Anonymous Coward · · Score: 0

      jlucien@iwon.com Can I have my Gmail invite? Cheers!

    16. Re:I found this out a while ago... by Billly+Gates · · Score: 1

      (null)

      OMG you found the secret SCO code!

    17. Re:I found this out a while ago... by Fancia · · Score: 1

      He's referring to Enlightenment, I think, while I imagine you're talking about emacs. e can be short for both, which is very confusing and not very helpful. ;3

      --

      Bít, zabít, jen proto, ze su liska!
  8. At $550 per hour... by Bull999999 · · Score: 5, Funny

    8. I have been retained by counsel for IBM in this lawsuit and am being compensated at a rate of $550 per hour.

    20. These comparisons required on the order of 10 hours of computation time on a dual 3 GHz Xeon processor system with 2 GB of RAM. This is a high-end workstation routinely and easily available off the shelf from commercial vendors such as Dell.


    At $550 per hour, I would've used something like a 386 processor with 8MB of RAM.

    --
    1f u c4n r34d th1s u r34lly n33d t0 g37 l41d
    1. Re:At $550 per hour... by stratjakt · · Score: 1

      Ah, no need to run up hourly rates by actually doing work! Note the lawyer speak..

      on the order of 10 hours..

      Heck, in base 10, 99 is "on the order of" 10 hours. Switch to something like base 1024 and you could say that a few million is "on the order of" 10. The sky's the limit!

      My point being, he'll bill well over 10 hours.

      --
      I don't need no instructions to know how to rock!!!!
    2. Re:At $550 per hour... by Aardpig · · Score: 5, Funny

      At $550 per hour, I would've used something like a 386 processor with 8MB of RAM.

      Hell, I would have built a wetware turing machine using a dozen grad students armed with abacii. In treacle. With Natalie Portman implementing the I/O subsystem.

      --
      Tubal-Cain smokes the white owl.
    3. Re:At $550 per hour... by mrseigen · · Score: 1

      Grad students are too quick. Use high school kids, you can get them cheaper to boot. Abacuses (Abacii?) are fairly expensive as well, so you should just give them sticks and sand/dirt you find lying around.

    4. Re:At $550 per hour... by Anonymous Coward · · Score: 4, Insightful
      At $550 per hour, I would've used something like a 386 processor with 8MB of RAM.

      I guess that's one reason they didn't hire you.

    5. Re:At $550 per hour... by DupyMcCopy · · Score: 1

      But remember to bill as if you used grad students and Abacuses. Btw I thought Abacii as some sort of way of repersenting text on abacuses

      --
      WARNING: Viewing This Sig May Cause Blindness.
    6. Re:At $550 per hour... by John+Harrison · · Score: 4, Funny

      At $550 an hour from IBM you think he would have at least had the decency to not plug Dell.

    7. Re:At $550 per hour... by Anonymous Coward · · Score: 4, Informative
      He's not charging for CPU time, he's charging for his own time. The Xeon timing bit was included, I assume, to demonstrate that the tests were not prohibitively difficult. This may be intended to preemptively counter a SCO claim that testing for this was impractically difficult.

      I expect it took more than 10 hours for him to write that document and painstakingly verify its accuracy and wording to avoid perjury. He'll likely spend significant amounts of time testifying in person on the subject as well.

      That rate is high but within reason for top-end expert witnesses (which is exactly what he is.) It's not uncommon for renowned professors to make a substantial second income by acting as an expert witness (very common in the chemistry and biology fields, at least.)

      Finally, IBM would not even blink if they were handed a bill for several hundred hours at $550 each on this issue. They may even get some of the money back, depending on the details of the final settlement and the subsequent SCO bankruptcy.

    8. Re:At $550 per hour... by Anonymous Coward · · Score: 0
      With Natalie Portman implementing the I/O subsystem
      I'd like to use Natalie Portman's I/O subsystem.
      Giggity-Giggity-Giggity Huh. Alllrriiigghhht.
    9. Re:At $550 per hour... by dillon_rinker · · Score: 1

      When the 486DX2 first came out, 8MB was considered top of the line. I think a 386 should be permitted 4MB, tops.

      Confound it, I'm OLD!

    10. Re:At $550 per hour... by updatelee · · Score: 1

      If I was IBM and paying an employee $550/h and this employee was plug'ing Dell insted of IBM, Id be kinda insulted.

    11. Re:At $550 per hour... by poot_rootbeer · · Score: 1

      I would have built a wetware turing machine using a dozen grad students armed with abacii. In treacle.

      That sounds like a sweeeeet system dude

    12. Re:At $550 per hour... by mailtomomo · · Score: 0

      but with "only" 4Mb, the process would run out of memory (and be killed) ;)

    13. Re:At $550 per hour... by Yewbert · · Score: 5, Funny
      Hell, I would have built a wetware turing machine using a dozen grad students armed with abacii. In treacle.

      Inevitably,...

      Imagine a Beowulf cluster of grad students armed with abacii,....

    14. Re:At $550 per hour... by lscoughlin · · Score: 0

      oh god
      someone, please, anyone
      mod this up
      lol

      if you give them beer, is it a beowulf orgy?

      --
      Old truckers never die, they just get a new peterbilt
    15. Re:At $550 per hour... by cryogenix · · Score: 1

      At $550 per hour I would own a fax machine that doesn't use roll thermal paper.

    16. Re:At $550 per hour... by sgage · · Score: 1

      The plural of abacus is abaci - only one "i"

      - sgage

    17. Re:At $550 per hour... by Anonymous Coward · · Score: 0

      Grad students are too quick. Use high school kids, you can get them cheaper to boot.

      I'll bet grad students are cheaper/hr than high school students.

    18. Re:At $550 per hour... by eckman · · Score: 2, Interesting


      At $550 per hour, I would've used something like a 386 processor with 8MB of RAM.

      There's a reason some people get paid that much; some people know how to do their jobs well and efficiently.

      Why pay someone for 100 hours at $55/hour and wait 3 weeks when you can pay this guy $550/hour and have your results the next day?

    19. Re:At $550 per hour... by Anonymous Coward · · Score: 2, Funny

      Only on Slashdot would it be a cluster of grad students instead of a Beowulf cluster of Natalie Portmans.

    20. Re:At $550 per hour... by Anonymous Coward · · Score: 0

      I think I have an abacus kicking around here somewhere.

    21. Re:At $550 per hour... by Bull999999 · · Score: 1

      You know it's just a joke, right?

      --
      1f u c4n r34d th1s u r34lly n33d t0 g37 l41d
    22. Re:At $550 per hour... by ucblockhead · · Score: 1

      I sat on a jury where there were a number of expert witneses. They charged anywhere from $250/hr to $650/hr. (The opposing lawyer always made sure to bring up the charges.)

      --
      The cake is a pie
    23. Re:At $550 per hour... by tftp · · Score: 1
      Why?

      Those old thermal faxes are quite nice. You only replace the paper once in a while, and you also know when to replace (the red strip shows up.)

      Now I have a fax here that prints using the same thermal printing method, only through a thin plastic film. It has tons of problems - the film is not biodegradable, you can read everything off of it (unless you shred, which is a pain too) and you never know when it is going to run out of the film. Replacement of the film takes 5 minutes, since you have to take apart half of the fax. Compare that to a roll that you just drop into place.

      Of course, even better faxes use laser printing engines, but then you pay for the toner and/or the drum, and still they run out of supplies on you, and they also need lots of power for the heater.

      So if you only need an occasional fax with some less than important material, thermal paper is fine. You can always copy the important pages.

    24. Re:At $550 per hour... by Bullet-Dodger · · Score: 1

      In fact, forget the grad students and the abacii!

    25. Re:At $550 per hour... by Anonymous Coward · · Score: 0

      At $550 per hour, I would have bought eleven copies of gnusco linux every fourteenth hour.

    26. Re:At $550 per hour... by cryogenix · · Score: 1

      It was a joke :) The quality was terrible on that, and often is on thermals. Stuff received on an inkjet or laser fax is far more readable. I'm not even sure that the person making $550/hr is the one that owns this fax. I would find that hard to believe anyway because law firms receive such a volume of faxes that they would want high quality.

    27. Re:At $550 per hour... by Aardpig · · Score: 1

      The plural of abacus is abaci - only one "i"

      I was being ironic.

      --
      Tubal-Cain smokes the white owl.
    28. Re:At $550 per hour... by TheLink · · Score: 1

      Unfortunately, too many people here might not.

      Fortunately you were moderated Funny and not Insightful/Informative. That way those very people have a better chance of spotting the joke. I've still seen one or two who don't manage to do that even when the moderators get it right... :)

      --
    29. Re:At $550 per hour... by Bull999999 · · Score: 1

      It's interesting that you mention that because I quoted Homer Simpson (I even mentioned that I was said by Homer) a recent post and got modded Insightful.

      --
      1f u c4n r34d th1s u r34lly n33d t0 g37 l41d
    30. Re:At $550 per hour... by Anonymous Coward · · Score: 0

      Definitely, since that just leaves Natalie Portman and treacle . . .

      *drool*

    31. Re:At $550 per hour... by FurryFeet · · Score: 1

      I'd rather imagine a Beowulf cluster of Natalie Portmans implementing my I/O system, thank you very much...

  9. question by cyfer2000 · · Score: 4, Interesting

    After that, who will have the copyright of Unix? Open Group? or IBM? or Novel?

    --
    There is a spark in every single flame bait point.
    1. Re:question by Carnildo · · Score: 5, Informative

      Novell. There's a lawsuit going on about the matter right now, but it looks like the Unix copyrights were never actually transfered from Novell to SCO.

      --
      "They redundantly repeated themselves over and over again incessantly without end ad infinitum" -- ibid.
    2. Re:question by Peter+La+Casse · · Score: 0, Troll
      There's a lawsuit going on about the matter right now, but it looks like the Unix copyrights were never actually transfered from Novell to SCO.

      That raises an interesting possibility for Novell. I wonder if they've thought about integrating their Unix copyrights into their Linux distribution and later suing other makers (and, heck, users) of Linux distributions for copyright infringement.

      It sounds like a long shot, but with good lawyers, enough FUD and a few mil from certain anonymous backers, anything's possible.

    3. Re:question by lphuberdeau · · Score: 1

      UNIX was licenced to the Santa Clara Organisation if I remember well, and those guys are not SCO.

      --
      Qui ne va pas à la chasse n'a pas de gibier
      PHP Queb
    4. Re:question by jaymzter · · Score: 1

      There's a lawsuit going on about the matter right now, but it looks like the Unix copyrights were never actually transfered from Novell to SCO

      That lawsuit does not concern ownership of the copyrights. The lawsuit was brought about by oldSCO saying Novell was defaming them. Copyrights are a sidenote

      --
      If thou see a fair woman pay court to her, for thus thou wilt obtain love
    5. Re:question by AvitarX · · Score: 4, Interesting

      That is why the GPL is called Viral.

      If Novell did that they would be violating the GPL and infringing on the copyrighted work of Open Sorce programmers.

      SCO tried almost the exact same thing (They distribute Linux source (including "stolen" code) under the GPL and then insist that it is illegel to distribute under the GPL and that the GPL is invalid and maybe even un American.

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    6. Re:question by MathFox · · Score: 5, Informative
      With Novell holding Unix copyrights
      That raises an interesting possibility for Novell. I wonder if they've thought about integrating their Unix copyrights into their Linux distribution and later suing other makers (and, heck, users) of Linux distributions for copyright infringement.
      The moment Novell releases Unix code as part of Linux the Unix code will be distributable under the GPL. The Unix code has become part of Linux and the only way to distribute the whole is under the GPL. As copyright owner Novell will still be able to dual licence the same code to Sun, MS, etc.

      Citing the GPL:

      If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it.
      Clear enough?
      --
      extern warranty;
      main()
      {
      (void)warranty;
      }
    7. Re:question by Lurker+McLurker · · Score: 1
      If SCO was to go into receivership, their IP would end up belonging to the highest bidder. The big players in the Linux world could get together and buy it, ensuring nothing like ever happened again.

      Of course, Microsoft could buy their IP

      --
      Mod parent up!
    8. Re:question by imp · · Score: 2, Interesting

      the Unix copyrights were never actually transfered from Novell to SCO.

      It looks like they weren't transferred. It is an open question if Novell would be required to make such a transfer (although most people think it unlikely).


      I wonder if they've thought about integrating their Unix copyrights into their Linux distribution.


      Novell could do that. They own they copyright. However, they would have to release the code under the GPL or whatever license is compatible with the GPL and on the files they release. This is fundamentally different than what SCO is doing. Novell would effectively be a first party inserting code into linux, so it is above board.

      What SCO is alledging is that their code was taken, without their permission, by IBM (and others) and inserted into Linux. Their claims are about aledged theft of their property since they weren't the ones doing the insertion (they claim, others dispute this, but let's assumet they are right for the sake of argument). That's what makes it fundamentlaly different than Novell doing something: SCO is aldeging it was harmed by third parties doing something bad. If Novell inserted code, as suggested, as suggested, it would be in a much more difficult position given the license that they'd be required to submit it under for inclusion in the kernel (check #1) as well as being in the untenable position of saying "Yes, we gave it away, but others have no rights to use it." Sure, SCO is in that position too (due to their distribution of Linux), and you see how much that's helped them.
    9. Re:question by Carnildo · · Score: 1

      That lawsuit does not concern ownership of the copyrights. The lawsuit was brought about by oldSCO saying Novell was defaming them. Copyrights are a sidenote

      The suit was about "defamation of title": ie. Novell saying SCO doesn't own the Unix copyrights. Implicit in that is the actual ownership of the copyrights -- you can't defame someone's title to something if they don't own it in the first place.

      --
      "They redundantly repeated themselves over and over again incessantly without end ad infinitum" -- ibid.
    10. Re:question by Ohreally_factor · · Score: 1

      Actually, it's not clear that they can do that because it's not clear that they own all the copyrights to Unix. There are others who hold copyrights to bits here and there. Novell would need to secure permission from all these others first.

      --
      It's not offtopic, dumbass. It's orthogonal.
    11. Re:question by Peter+La+Casse · · Score: 1
      Clear enough?

      Hear that whooshing noise?

  10. What about all of these? by I_am_Rambi · · Score: 5, Funny

    What about these snippets? // /*
    */
    while(1)
    {
    }
    return(0);
    return(1);
    if (...)
    elseif (...)
    else

    And don't forget the white space! That is a clear copy!

    1. Re:What about all of these? by Anonymous Coward · · Score: 0

      Those lines aren't from SCO. You copied those from the one of the last fifty SCO stories. We really need a "-1 tired old joke". At least you didn't start with "Obligatory SCO code joke".

    2. Re:What about all of these? by ClippyHater · · Score: 5, Funny

      elseif(...)

      Your compiler: We hates it, it burns us, precious, nasty syntax it is!

    3. Re:What about all of these? by Anonymous Coward · · Score: 0

      Well, at least it's unambiguous.

    4. Re:What about all of these? by Anonymous Coward · · Score: 0

      while(1)
      {
      }

      No... SCO did a search and replace after they licensed the code from Novell. All of SCO's code uses gotos.

    5. Re:What about all of these? by alerante · · Score: 1

      And don't forget the white space! That is a clear copy!

      Be glad they didn't program in Whitespace.

    6. Re:What about all of these? by Seraphim_72 · · Score: 1
      Come to the Dark Side ...it is only a river ... Cheddar Head ;)

      Lobve from MN

      Sera

      --
      Slashdot, where armchair scientists get shouted down and armchair theologians get modded up.
    7. Re:What about all of these? by TioHoltzman · · Score: 2, Funny

      That makes me wonder:
      Wouldn't it be cool to run all of GCC's text messages through some sort of "Gollumnizer" (like the perl script out there that can convert english to Yoda-like phrasing)?
      Hell you could even rename it:
      "Gollum's Compiler Collection"

    8. Re:What about all of these? by hairyface · · Score: 1

      This compiler ... Is it the illegitimate offspring of Yoda and Gollum, or what?

  11. in other news... by CheechBG · · Score: 2, Funny
    SCO's outside law firm have recently found incontrovertible evidence that SCO has been doing some "creative" accounting practices. Said one high-level attorney, "These books are cooked so bad I should have brought some steaks and smores, we could have had a cookout."

    /really drawn-out joke :)

  12. Wade'da'minute... by Dark+Coder · · Score: 2, Insightful

    The article is a good start but what are the criterias for determining derivatives?

    Which method is covered for source code comparisions?

    1. two printouts held together and up toward a lighted source?
    2. side-by-side subjective eyeball comparision
    3. diff (and all derivative comparision tools)
    4. diff with some wiggle-room command line options?
    5. NSA-grade pattern analysis supercomputer?

    I'm slightly guarded here, but these SCO FUD-busting articles seemed very promising...

    1. Re:Wade'da'minute... by mikeee · · Score: 1

      What's hilarious here, is that Prof. Davis was the special technical consultant to the court case that set the precedent (in this Circuit - there still isn't a national consensus on this) on how to decide exactly that!

      I believe the method in question is AFC, Abstraction-Filtration-Comparision.

      Abstraction: normalize irrelevent junk like whitespace, variable names, equivalent loop constructs, etc.

      Filtration: Toss anything that has public-domain sources or is so blatently obvious that it doesn't qualify as a copyrightable creative work.

      Comparision: Compare the two codebases.

      So, between favorable declarations from Davis and one Prof. B. Kernighan, I think IBM is in good shape, unless SCO will be bringing depositions from their experts down from a mountaintop on stone tablets.

    2. Re:Wade'da'minute... by Kozar_The_Malignant · · Score: 1

      >but what are the criterias for determining derivatives

      1. Determine if function is differentiable
      2. Caulculate with handy TI-89
      3. Profit?? (Pass calculus class)
      --
      Some mornings it's hardly worth chewing through the restraints to get out of bed.
    3. Re:Wade'da'minute... by Brandybuck · · Score: 1

      1. two printouts held together and up toward a lighted source?

      Otherwise known as the "CYA Memo Diff"...

      --
      Don't blame me, I didn't vote for either of them!
  13. It's a matrix... by GillBates0 · · Score: 4, Funny
    where there is no SCO code.

    SCO, don't try and claim that IBM has your code. That's impossible. Instead, realize the truth. There is no SCO code.

    --
    An Indian-American Hindu committed to non-violent thought/speech/action alarmed by the global explosion of radical Islam
    1. Re:It's a matrix... by ImaLamer · · Score: 1

      Really, what code has SCO put forth into any "Unix" project? (Caldera Linux doesn't count)

      I'm saying before AIX, for example.

      Did SCO actually claim that "their" code went to IBM or are they just trying to claim code they may or may not own. Is the code that was "stolen" all work done before SCO's purchase of "Unix"?

      Personally, I'd like to see Novell get all of the Unix property back...

    2. Re:It's a matrix... by Rudisaurus · · Score: 1

      You took the red pill, didn't you?

      --
      licet differant, aequabitur
  14. Thanks Professor Davis... and thanks ESR... by LinuxParanoid · · Score: 5, Informative

    ... who wrote the comparator tool which was one of the two tools used in the analysis.

    ESR deserves three cheers for 'scratching his itch', making a tool to compare copyrighted code. To have it actually used in the SCO case which was the annoying impetus for its creation (AFAICT) has to be a nice feeling.

    I'm not an ESR fanboy, but I'll give him props when I think he deserves it and in this case I think he does.

    --LP

    1. Re:Thanks Professor Davis... and thanks ESR... by ESR · · Score: 5, Interesting

      Yes, as a matter of fact, it *did* feel good to
      see my work used in this comparison. Extremely good.

      --
      >>esr>>
    2. Re:Thanks Professor Davis... and thanks ESR... by Anonymous Coward · · Score: 0

      From the comparator man page:

      comparator does not attempt to do semantic analysis and catch relatively trivial changes like renaming of variables, etc.

      I've just got to wonder how useful comparator is for this purpose. IBM could have renamed variables or used other simple techniques to alter SCO code significantly to slip by comparator. I don't think IBM did that, but I do not believe this analysis proves otherwise.

    3. Re:Thanks Professor Davis... and thanks ESR... by Anonymous Coward · · Score: 0

      I don't know what you're talking about, as anyone who runs the COMPARATOR against the declaration and http://www.catb.org can attest:

      Erik != Eric

      $550 an hour, eh? Seriously though, this study was interesting, but would be more so were SYSV compared with (insert distribution of choice).

    4. Re:Thanks Professor Davis... and thanks ESR... by AeiwiMaster · · Score: 1

      I am wondering if it would
      be possible to use similar techniques
      on binary files ?

    5. Re:Thanks Professor Davis... and thanks ESR... by darkonc · · Score: 1
      Remember that any external variables cannot renamed. If, for example, you rename write(2) to syswrite(2), then you've broken just about every piece of UNIX user code what was ever written.

      Once you pull all of those interconnected pieces out, there's not much room to rename variables, and if there were any wholesale copying of code from Unix to Linux, You'd still find blocks of matching code all over the place with just the external variable names.

      --
      Sometimes boldness is in fashion. Sometimes only the brave will be bold.
    6. Re:Thanks Professor Davis... and thanks ESR... by Jason+Earl · · Score: 1

      I hope that you got the patches for the supposed "major performance bottlenecks" that Mr. Davis mentioned. It's seems a little funny to me that Mr. Davis made $550 an hour for the difficult job of running SysV and Linux through comparator and commenting on the output. At those rates you would think he would be grateful for performance bottlenecks.

      That's nice work, if you can get it.

      Thanks again for all of the work you have done for Free Software. I use stuff you have written every day, and I really do appreciate it.

    7. Re:Thanks Professor Davis... and thanks ESR... by fiftyfly · · Score: 2, Insightful
      I hope that you got the patches for the supposed "major performance bottlenecks" that Mr. Davis mentioned. It's seems a little funny to me that Mr. Davis made $550 an hour for the difficult job of running SysV and Linux through comparator and commenting on the output. At those rates you would think he would be grateful for performance bottlenecks.

      He didn't get $550/hr to run comparator, he got the fee for being an expert recognizable as such to the court and damned near irrefutable on the subject. His reputation earned him $550/hr.

      --
      "Sanity is not statistical", George Orwell, "1984"
    8. Re:Thanks Professor Davis... and thanks ESR... by Jason+Earl · · Score: 0, Flamebait

      Yes, I realize that. Mr. Davis wrote the book on the abstraction, filtration, comparision tests and he is essentially "the man" that you get when you want the expert witness on software copyright abuse.

      That being the case he still essentially ran comparator against two source code bases and read the output. I find that pretty amusing, but I certainly didn't mean to imply that Mr. Davis isn't an expert, and a certified genius.

    9. Re:Thanks Professor Davis... and thanks ESR... by HoldmyCauls · · Score: 1

      Great... now stop posting to Slashdot from a 20-char-wide emacs window!

      (can't believe I'm berating the man himself on Slashdot!)

      --
      Emacs: for people who just never know when to :q!
  15. $550 an hour....and he reviewed 15 lines of code? by zerofoo · · Score: 4, Funny

    Where do I get a gig like that?

    He basically had some software look for similarities in the code, and then manually verified the hits.

    Wow....$550/hour to do that. I've got a CS degree - I'll volunteer to do it for half that!

    Oh yeah, he also explained the significance of return statements so that non-programmer types could understand.

    -ted

  16. 15 hits by understyled · · Score: 0, Redundant
    from the PDF:
    "I used two programs, COMPARATOR and SIM [...] to compare all 26,759 lines of the IBM Code identified by SCO against all 67,797,569 lines in the Unix System V Code.

    COMPARATOR reported 15 potential hits. I reviewed each of these potential hits in detail and determined them [...] to be matches of common terms in the C programming language.

    SIM did not report any potential hits."

    so... all this SCO bullshit is finally over?

    --
    Sig (appended to the end of comments you post, 120 chars)
    1. Re:15 hits by stratjakt · · Score: 2, Insightful

      to compare all 26,759 lines of the IBM Code identified by SCO against all 67,797,569 lines in the Unix System V Code

      All the SCO bullshit over? Far from it. There are still a few hundred million lines of AIX that haven't been compared.

      And even if it's over for IBM, doesn't make it necessarily over for Linux in general.

      --
      I don't need no instructions to know how to rock!!!!
    2. Re:15 hits by Nurseman · · Score: 1

      There are still a few hundred million lines of AIX that haven't been compared.
      This has been gone over again and again, basically AT&T, which has the original contracts, told IBM, "What's ours, is ours" "What's yours is yours" Look for a document called addendum 2 (I think), of the original ATT agreements on Groklaw, or any of the dozens of sites with the legal documents. SCO is saying we think you did something wrong, show us where it is !. It dosen't work that way.
      To anticapte the standard reply of "Well, if IBM has nothing to hide, why don't they give SCO all of AIX?". Because that is not the way the law works. If this were true, I could say I think you took my money, because I have money that looks similar to your money. I want to come to your house, and search every nook and crany to see if I find any of SCO/MY money. Not sure to many people would go for that

      --
      Save a Life. Donate Blood. Please.
    3. Re:15 hits by SillySlashdotName · · Score: 1

      It is called 'Discovery'.

      TSG has to show their case to IBM, and IBM has to show their case to TSG.

      TSG is not doing that, and the pieces they are showing are being disproven to show what TSG claims they show.

      Remember TSG said they had "millions of lines" of code, but have not shown EVEN ONE LINE that supports thier case even though they are required to do so by the rules of the court, and by TWO SEPARATE ORDERS by Judge Wells.

      You seem to have a wrong idea of what the case is about - if it is about copyright (which is IBMs 10 Counter Claim and what the Summary Judgement motion addresses) then SOMETHING from the copyrighted work THAT IS COVERED BY COPYRIGHT has to be found in the allegedly infringing work.

      Take the two piles of software (Unix System V and Linux) and check every line of one against every line of the other. TSG can do that with Linux and the version of Unix they claim rights to, and presumably have done that.

      They have not shown any of their claimed software having been copied into Linux which means their claim that IBM put their claimed software there (if there is nothing there, then IBM must have put NOTHING there) is baseless.

      Remember that if you can not prove some form of copying, then there is no copyright rights being infringed.

      And, by clearing LINUX in general, IBM is also clearing themselves. So if it is over for Linux in general, then it is over for IBM as well.

      I think that is the reason for the frantic (and pathetic) emergency motion TSG submitted recently. Basicly "IBM are going to win IF THE COURTS DON'T INTERVENE! HELP US!" If I remember correctly, Judge Wells refused their motion.

      --
      Acts of massive stupidity are almost never covered by warranty. --me.
    4. Re:15 hits by Ohreally_factor · · Score: 1

      You forgot to ask to see his tax returns for the last 7 years, all bank statements and other documents of financial transactions, and the names of all business and individuals that might have come into contact with the money you claim is yours.

      --
      It's not offtopic, dumbass. It's orthogonal.
    5. Re:15 hits by darkonc · · Score: 1
      There are still a few hundred million lines of AIX that haven't been compared.

      Whoop de friggin do!!!

      IBM has a license to use UNIX in AIX, so if there's UNIX code in AIX, that's just fine.

      There's actually no question that there's AIX code ported to Linux (but without any AT&T code in it). I think that that's a given. Even if there is, though, that has nothing to do with Copyright violations... SCO has acknowledged that IBM still owns their AIX code, just that they (SCO) have the right to NIX IBM from revealing it... but that's would be a contract violation question (in the improbability-drive universe where SCO is correct), not copyright, which is what they're arguing about here.

      The SCO Contract claims are scheduled to get shot down next month, If I remember correctly.

      --
      Sometimes boldness is in fashion. Sometimes only the brave will be bold.
    6. Re:15 hits by darkonc · · Score: 1
      You forgot to ask to see his tax returns for the last 7 years, all bank statements and other documents of financial transactions, and the names of all business and individuals

      You may be thinking of The HardOCP case, there....

      --
      Sometimes boldness is in fashion. Sometimes only the brave will be bold.
  17. Not So Fast Mr. Davis! by Anonymous Coward · · Score: 5, Funny

    That's ... that's ... that's because Randall Davis doesn't have the Secret SCO Decoder Ring (tm) (patent pending) (C 2004 SCO). The Decoder Ring ... it ... it detects our IP where no mere mortal could ever hope to find it!

    And now ... for a limited time only ... buy SCOSource licenses for 5 or more friends, and SCO will throw in a Secret SCO Decoder Ring (tm) (patent pending) (C 2004 SCO) at no additional charge!

    My name is Darl McBride, and I have authorized this message!

    1. Re:Not So Fast Mr. Davis! by Anonymous Coward · · Score: 0

      It's not a decoder ring, it's Joseph Smith's seer stones. Can also be used for translating cryptic writings on golden plates that nobody else has seen.

    2. Re:Not So Fast Mr. Davis! by mrgreen4242 · · Score: 1

      I was just about to post something about Joseph Smith. That South Park episode about him/Mormons was hillarious.

    3. Re:Not So Fast Mr. Davis! by Anonymous Coward · · Score: 0

      Darl McBride, dumb, dumb, dumb, Randall Davis Smart!

    4. Re:Not So Fast Mr. Davis! by Anonymous Coward · · Score: 0

      Did you endorse the 527 group called the "Baseless Lawsuits for Cash", or should we blame Jim Allchin and Steve Ballmer?

      The public wants to know and information must be free (after $699 mail-in rebate of course)!

    5. Re:Not So Fast Mr. Davis! by Thavius · · Score: 1

      You have it backwards, Mr. AC. It's "Buy a Secret SCO Decoder Ring (tm) (patent pending) (C 2004 SCO) for $14.95 and we'll include a SCOSource license to try it out on!"

      That way, SCO can show sales of their licenses!.

      My name is not Darl McBride, and SCO can get bent.

    6. Re:Not So Fast Mr. Davis! by Alsee · · Score: 1

      My name is Darl McBride, and I have authorized this message!

      [nitpick] The correct form is:
      I'm Darl McBride, and I approve this message!
      [/nitpick]

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  18. Ladies and Gentlemen.. by ImaLamer · · Score: 0

    The only thing I can say is:

    "All your lawsuits are belong to us"

    SCO, go back to doing nothing.

    1. Re:Ladies and Gentlemen.. by outernet2 · · Score: 2, Funny

      Mod this guy up for the rocking allusion to "all your base"

      --
      This .sig is a .fig of your imagination
  19. Scope by Anonymous Coward · · Score: 3, Interesting

    Only the code SCO CURRENTLY says is infringing was tested. According to the document on Groklaw, this was not a line by line comparison.. so if SCO sneaks new code into discovery at some later point, this'll have to be done all over again.

    Why? 6 million lines of code compared against 6 million (or more) will take a exponentially more time than 27000 vs 6 million.

    1. Re:Scope by ledow · · Score: 1

      According to the Groklaw article, the comparison took approximately 10 hours on a dual-3GHz. I really don't see that having to do a comparison over again is really that relevant. In "court time", 10 hours is nothing and even if it takes a month, it takes a month, there's nothing you can do to help that.

      It's blows SCO's 25,000 man-years prediction out of the water, anyway.

    2. Re:Scope by MooseByte · · Score: 1

      "Only the code SCO CURRENTLY says is infringing was tested."

      Yes, and what they provided was supposed to be bullet-proof samples of what SCO claimed were clear evidence of copied code. The judge ordered them to offer evidence for IBM to review, not "random snippets" to be replaced by the "REAL" evidence later.

      So if that's the best they could produce under the judge's order, SCO are farked. But we already knew that anyway....

    3. Re:Scope by SillySlashdotName · · Score: 1

      First, not exponential.

      Second, TSG is not allowed to 'sneek new code' in to the case 'at some later point'.

      The rules require TSG to present their evidence to IBM and the court, and for IBM to present their defence to TSG and the court. No hidden evidence, no 'gotchas', no 'Perry Mason' last minute suprises.

      In addition, I thought ESR had ALREADY run this program against Unix System V and Linux and found a whole bunch of matches - all blank lines!

      (I could be mistaken about running the COMPARATOR against Unix System V, I don't know if he had access to the source code or not.)

      --
      Acts of massive stupidity are almost never covered by warranty. --me.
    4. Re:Scope by Tony+Hammitt · · Score: 1

      Ya, at $550/hr.... I don't think that Professor Davis will mind having another grad student or four work on the other 6,000,000 lines of code at $550/hr. In fact, he'll probably just contract the comparison out to India to have some really cheap labor look it over. ;)

  20. in other news by fawlty154 · · Score: 1

    In other news... SCO's lawyers have started filing suits with all other unix variants...

  21. Read the PDF... by mekkab · · Score: 5, Informative

    He goes into detail.

    --
    In the future, I would want to not be isolated from my friends in the Space Station.
    1. Re:Read the PDF... by Anonymous Coward · · Score: 0

      If he does, he may get eaten by the crocodiles!

      "Will they eat me whole?"

      "Nah, they usually spit that bit out."

  22. SCO code by MikeMacK · · Score: 2, Funny
    17. As explained in detail below, I used two programs, called COMPARATOR and SIM, to help automate the process.

    Hmmm...I wonder if he can prove that COMPARATOR and SIM do not contain any SCO code?

    1. Re:SCO code by noodler · · Score: 1

      hmm., i think he already did.,.,

    2. Re:SCO code by noodler · · Score: 1

      ooh wait,
      it was a trick question...

    3. Re:SCO code by DF5JT · · Score: 1

      "Hmmm...I wonder if he can prove that COMPARATOR and SIM do not contain any SCO code? "

      Easy. Run COMPARATOR and SIM through COMPARATOR and SIM.

  23. News? by Anonymous Coward · · Score: 1, Insightful

    This almost doesn't even count as news.

    Everybody knew it . . . even SCO!

  24. Counterexample DIY by hummassa · · Score: 5, Insightful

    1. Get Linux 2.6.8.1
    2. Get Linux 2.4.0
    3. left out as an exercise for the reader
    4. Show positive result
    5. Don't profit, but have fun.

    --
    It's better to be the foot on the boot than the face on the pavement. ~~ tkx Kadin2048
    1. Re:Counterexample DIY by Richard_at_work · · Score: 1
      1. Get 4.3BSD/Reno (1990)
      2. Get BSD Net/2 (1991)
      3. Get NetBSD 1.0 (1994)
      4. Get OpenBSD 1.0 (1995)
      5. Show actual derivation tree and codebases

      You can actually follow the entire evolution of several branches right there, with actual code. This is whats so cool about Opensource, you can actually go and do this sort of thing when they want you to. Yes this isnt a Linux example, but it would be good to show the actual derivation that goes on when projects share codebases, and how easy it is to track when it actually happens.

  25. Re:$550 an hour....and he reviewed 15 lines of cod by mekkab · · Score: 4, Insightful

    Great! Graduate Phi Beta Cappa (summa cum laude, too), run some AI centers and also have excessive experience in Code copyright infringement cases!

    See you in 10 years!

    (trans: read the relevant parts of his CV in the PDF- this guy is FOR REAL.)

    --
    In the future, I would want to not be isolated from my friends in the Space Station.
  26. Last heard from Darl at investors meeting by FerretFrottage · · Score: 1

    "No SCO code? Shaa...and monkeys might fly out of my butt!"

    --
    "Look Lois, the two symbols of the Republican Party: an elephant, and a fat white guy who is threatened by change."
  27. a judge will weigh. by www.sorehands.com · · Score: 5, Informative
    Judges will weigh the 'testimony' of experts in a case. In some cases, a court will appoint an expert as a special master -- to make technical determinations.

    If I recall correctly, Randy told me that he has served as a special master in several cases.

    1. Re: a judge will weigh. by shotfeel · · Score: 4, Informative

      Though this is on one level a matter of expert opinion, and on another level a matter of fact.

      One would hope, as a matter of fact, the SCOexpert would be required to show where he found matches. That (if it exists) can be explicitly shown to the court.

      Then, if need be, the experts can argue over wether or not they match.

      Kind of like fingerprints. The suspect's fingerprints are entered as evidence, as are fingerprints found at the scene. The experts can then argue about wether or not they match. But until those fingerprints are presented and accepted as evidence, there is no weighing of testimony to be done.

    2. Re: a judge will weigh. by imp · · Score: 4, Interesting

      One would hope, as a matter of fact, the SCOexpert would be required to show where he found matches.

      As a matter of fact SCO did show the evidence. This was enumerated in Sandeep Gupta's deposition. The pointed to pdf file has a table of all the files aledged to be copied from Unix sources, and this deposition specifically states he looked at those also (since his automatic detection program failed to find it) and the evidence of copying failed to apply the normal legal standards (also outlined in the deposition). This is very interesting reading indeed.
    3. Re: a judge will weigh. by mink · · Score: 2, Insightful

      I thought Gupta did not qualify as an expert (IBM pointed this out) so his thing is only what he thinks not matters of fact.

      --
      Well I've wrestled with reality for thirty five years doctor, and I'm happy to say I finally won out over it.
  28. busted! by 192939495969798999 · · Score: 5, Funny

    SCO: b-b-but, you're not supposed to use a COMPUTER SCIENTIST!
    IBM: byte us.

    --
    stuff |
    1. Re:busted! by Genrou · · Score: 1


      SCO: b-b-but, you're not supposed to use a COMPUTER SCIENTIST!
      IBM: byte us.


      More like:

      SCO: b-b-but, you're not supposed to use a COMPUTER SCIENTIST!
      IBM: sue u... Oh, now I get it!

  29. maybe by althalus · · Score: 0, Redundant

    Surprised, anyone?"

    Darl, Baystar, ...

  30. Computation time. by www.sorehands.com · · Score: 1

    He bills $550 an hour for his time, not computation time. I doubt he would sit at his desk watching the screen saver during the computation time -- He'd go to the Royal East for lunch.

    1. Re:Computation time. by nosredna · · Score: 1

      And since it took at least an hour to set up the computer to do this, he can afford one hell of a lunch

  31. Read the PDF's methodology by Dark+Coder · · Score: 1

    The $550/hr analyst eliminated the following filtration criterias:

    1. ideas
    2. purposes
    3. procedures
    4. processes
    5. system
    6. method of operations
    7. facts
    8. unoriginal elements

    WOW! Okey Doke. So, now the IBM legal team is really looking for "copy-cat" aspect of which we, the community, are certain there aren't any (save for a few comments).

    Looks like a (yet another prolonged drawned out) battleground for SCO legal team to reinstate some of the following bullet items above.

    1. Re:Read the PDF's methodology by beernutz · · Score: 1

      I believe the article states that he did NOT perform any filtration in this instance. He ran the ENTIRE set of lines identified, against the ENTIRE sco codebase first, then hand checked all amtches, and having found none, he did not have to apply any filtration.

      --
      (stolen from DaBum) I am dyslexia of borg - your ass will be laminated.
    2. Re:Read the PDF's methodology by Dark+Coder · · Score: 1

      I agree, just that I think SCO's next chess move is to start challenging the highly regarded analyst's methodology, if they could only find someone bold (or foolish) enough to risk their reputation to do so.

      I admit that the methodology is sound (and I did read thoroughly his CV and article). But no one came forth to seriously challenged him in the past (nor would I dare to), but our jaws would drop if someone would step up to the plate and make the first shot across this $550/hr analyst.

      PS. The analyst was worth every cent.

    3. Re:Read the PDF's methodology by Carnildo · · Score: 2, Informative

      he $550/hr analyst eliminated the following filtration criterias:

      1. ideas
      2. purposes
      3. procedures
      4. processes
      5. system
      6. method of operations
      7. facts
      8. unoriginal elements

      WOW! Okey Doke. So, now the IBM legal team is really looking for "copy-cat" aspect of which we, the community, are certain there aren't any (save for a few comments).


      1. Ideas can't be copyrighted (but they can be patented).
      2. Purposes can't be copyrighted.
      3. Procedures can't be copyrighted (but they can be patented).
      4. Processes can't be copyrighted (but they can be patented).
      5. Systems can't be copyrighted (but they can be patented).
      6. Methods of operation can't be copyrighted (but they can be patented).
      7. Facts can't be copyrighted.
      8. Unoriginal elements can't be copyrighted.

      --
      "They redundantly repeated themselves over and over again incessantly without end ad infinitum" -- ibid.
    4. Re:Read the PDF's methodology by Anonymous Coward · · Score: 0

      i would be willing.

      0) i have no reputation, it's hard to harm such a grand thing.
      1) i will be willing to bill twice as much.
      2) i will be willing to work twice as long.
      3) i can't spell.
      4) i can't speak clear english.
      5) i start my lists at 0
      6) i am not worth every cent, my wife told me so

    5. Re:Read the PDF's methodology by Maserati · · Score: 1

      He says he didn't find any possible matches, so he didn't have to apply the filtration test at all. It sounds like SCO technically "just made shit up" when they submitted the list of allegedly infringing files that Dr. Davis analyzed.

      Remember, Dr. Davis compared the 27,000 lines claimed as infringing against 68 million lines of System V code (in various revisions) and found 15 possible matches, which were things like the 3-line endif;return;} example given in the declaration.

      IBM has pressed the 'smite' button. They have as expert witnesses the man who testified in both of the 10th Circuit's controlling software copyright cases (Altai and Gates Rubber - from which the Abstraction, Comparison, Filtration test was developed - and they also have Brian Kernighan. These people wrote the books on their subjects.

      And Dr. Davis is being used to refute the testimony of a man who initially identified himself only as an "employee". Admittedly, Gupta was later identified as SCO's VP of Software Engineering. It's still overkill. Not that that's a bad thing.

      --
      Veteran, Bermuda Triangle Expeditionary Force, 1992-1951
  32. Unravelling? by Mycroft999 · · Score: 0, Redundant

    Has someone finally grasped the trailing thread of the FUD inducing cloak of obfuscation that SCO has thrown over this case from day one?

    Will the whole mess finally start to unravel under expert scrutiny that is conversant engough to the non-technical person that they can explain what a load of drek SCO is peddling?

    We can only hope!

  33. Re:$550 an hour....and he reviewed 15 lines of cod by Carnildo · · Score: 1

    This guy is the expert in code comparison, which is why he can get so much. It's like hiring Linus Torvalds as a kernel consultant.

    --
    "They redundantly repeated themselves over and over again incessantly without end ad infinitum" -- ibid.
  34. Re:$550 an hour.... by ImaLamer · · Score: 1

    I'll volunteer to do it for half that!

    And there are people in India who will do it for 1% of what Davis got paid for it.

    (That's $5.50 per hour for us non-math types)

  35. SCO has a patent on extensive searchs of source by MichaelPenne · · Score: 0, Redundant

    So the lawsuits will keep on coming!

  36. IBM has WMD, claims SCO. by ARRRLovin · · Score: 4, Funny

    SCO claims an attack from IBM, using these weapons, is imminent. SCO has 2 carrier battle groups in the area and 250,000 troops on call to go in and find the WMD, pending UN approval. More news to come.....

    --
    -Randy
    1. Re:IBM has WMD, claims SCO. by Anonymous Coward · · Score: 1, Funny

      I think you mean SCO has a leaky frigate, and about 50 troops (or can they even afford to pay that many anymore) ready to go in and find the WMD.

    2. Re:IBM has WMD, claims SCO. by Forbman · · Score: 2, Funny

      ...actually, it's the other way around. SCO is saying, "we have IPWMD", while paddling a rusty canoe into Norfolk Naval Ship Yard, brandishing plastic carnival cutlasses and wearing cheap pirate outfits. "We will sink the entire 7th Fleet, if need be!"

      IBM, with 2 carrier battle groups, several nuclear attack submarines, a SEAL Team, the Marines up the way at Quantico, etc., are just biding their time...

    3. Re:IBM has WMD, claims SCO. by xenlab · · Score: 1

      This actually brings up an interesting point, for me. If the bush administration can get away (using the term liberally) with a preemptive strike on iraq fueled by revenge fantasies and hallibuton energy poliicies(tm) -- then why wouldn't another organization (SCO) -- clearly in the wrong (even if by hindsight ... i.e. no WMDs) as the neo-cons in DC -- launch a failed/flawed 'war' over untruths and inaccurate data? the point being that something as seemingly unrelated as this comparison might have more to it than meets the eye.

      --
      - my girlfriend can beat up your girlfriend.
    4. Re:IBM has WMD, claims SCO. by surprise_audit · · Score: 1

      2 carrier battle groups.... In Utah??

  37. SCO hasn't played their trump card yet... by SpaceBadger · · Score: 3, Funny

    Your honour, when we apply the standard abstraction and filtration phases to any Unix System V file we can clearly see that the resulting 0 byte file is identical to every abstracted and filtered 0 byte file in the latest Linux kernel.

    1. Re:SCO hasn't played their trump card yet... by Jerf · · Score: 1

      And Your Honor, there are an infinite number of zero-byte files embedded in every single compiled Linux kernel!

      We demand justice. Nay, we demand infinite justice! We demand infinite damages against IBM!

    2. Re:SCO hasn't played their trump card yet... by Alsee · · Score: 1

      But SCO's abstracted and filtered copyrights are not actually zero bytes, only the real component is zero.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    3. Re:SCO hasn't played their trump card yet... by Anonymous Coward · · Score: 0

      only the real component is zero.

      Indeed. SCO's claims aren't really complex--the whole basis of their legal theory is purely imaginary.

  38. Sounds like.... by DrHex · · Score: 1

    ...it's (SCO) Some Company's Other code. How's that for ironic, a SOFTWARE company takes out a lawsuit over SOFTWARE and a computer scientist uses SOFTWARE to prove there is no case. I'm waiting for SCO to claim rights to the comparator concept. How high will the level of ludicrous behaviour will over-paid, executives in companies loosing money get? Has anyone during this entire process given thought that maybe SCO took the code and claims it as their own? How will they ever prove this case is beyond me, since Unix was in existence before SCO was established as a company.

    --
    Scientia et Potentia
    1. Re:Sounds like.... by surprise_audit · · Score: 2, Insightful
      Has anyone during this entire process given thought that maybe SCO took the code and claims it as their own? How will they ever prove this case is beyond me, since Unix was in existence before SCO was established as a company.

      Actually, didn't Prof Davis also just prove that SCO's source doesn't include Linux code?? If SCO had stolen anything and included it in their code, it would have shown up in the comparator test, wouldn't it?? The comparison just shows common code, it doesn't distinguish which is the original and which is the copy.

  39. hmmmm by Anonymous Coward · · Score: 0
  40. Formal Request to Randall Davis by HopeOS · · Score: 5, Insightful

    Although your deposition includes a description of your methodology, it does not indicate whether you established a proper baseline for comparison or how you calibrated your filter. I would be interested to know how far, in your direct experience, code can be modified before it fails to match COMPARATOR and SIM respectively. Furthermore, how closely does the point at which these tools fail to detect a match coincide with the legal Abstraction, Filtration, and Comparison test?

    I do not fault your analysis; I would like to know more about your methodology, beyond the limited scope of the deposition.

    -Hope

    1. Re:Formal Request to Randall Davis by Dark+Coder · · Score: 4, Interesting
      Thank you... After being batted down by clueless moderators...I'm with Hope.

      I'm more interested in the Abstraction and Comparision aspect. Forget the Filtration aspect as they seem only to pertain to non-Copyright (mostly patentable objects).

      Now, for Comparision... What are the wiggle room concepts introduced? I know of the most commonly used one such as "Upper-lowercase, multiple whitespaces"

      And for the Abstraction, ones I know of are: inverse logic (a gt b) vs. (b lt a) and inverted or flipped loops.

      I know in for Abstraction, one can evade the copyright in this manner. But for Comparision....?

    2. Re:Formal Request to Randall Davis by barawn · · Score: 4, Insightful

      Furthermore, how closely does the point at which these tools fail to detect a match coincide with the legal Abstraction, Filtration, and Comparison test?


      Um. Dr. Davis is the guy who first came up with the abstraction, filtration, comparison test - he was the expert witness in Computer Associates vs. Altai. Check his credentials in the first section.

      He actually addresses the point you're asking - the code actually finds looser matches than would be found with abstraction, filtration, comparison. So he just ran them through that, said "well, no matches" - since it's a looser comparison, a stricter comparison would be of no benefit.

      I think the court will give him the benefit of the doubt that he knows how to do something that he was the first one to do.

    3. Re:Formal Request to Randall Davis by HopeOS · · Score: 1

      I am familiar with Dr. Davis' credentials as I read his deposition.

      Furthermore, I am satisfied that he did whatever is necessary to ensure that "no matches" means that there were in fact no matches and not simply that the filter itself failed to detect them. However, I would like to know how he came to that conclusion since he does not explicitly state this in his deposition.

      As for AFC, the question at hand is thus: if a program can be modified to the extent that it no longer generates a positive match by the programmatic filter, does it therefore also survive the legal AFC test -- by definition. If not, then the possibility exists that, if in the unlikely event that there were any false negatives, some could fall within the scope of AFC requiring further analysis.

      Dr. Davis has stated that there are no positive matches, and we trust that his methodology has ruled out the possibility of discarded false negatives. Therefore, the conclusion is that no code is subject to the legal AFC test and consequently, none was performed.

      Again, I would like to know how he convinced himself that no false negatives were rejected, and if the possibility does exist, what the likelihood of any of those cases requiring further consideration under the AFC test.

      As I said, I am not faulting the methodology. I believe in systematic and thorough evaluation, as I am certain Dr. Davis does, too. He does not need to convince me -- I am more interested to know what convinced him.

      -Hope

    4. Re:Formal Request to Randall Davis by Anonymous Coward · · Score: 0

      How he calibrated the filter turns out to be irrelevant, because he never had to apply the filter (in the Abstraction-Filtration-Comparison sense of 'filter'), as he states in the document.

      p.s. YOu willing to pay $550/hr for an answer to your formal request? :)

    5. Re:Formal Request to Randall Davis by HopeOS · · Score: 1

      Apparently, I was not clear. In this case, I was referring to the software he used to compare the two code bases. In any test, you need a baseline, a test subject, and a properly calibrated instrument. The baseline test should provide the opposite result as the subject. If they test the same, then either the test itself is inconclusive or the instrument has failed. I am curious how he determined, to his satisfaction, that the comparison software was functioning both properly and adequately.

      -Hope

    6. Re:Formal Request to Randall Davis by jgoemat · · Score: 3, Interesting
      He talks about this in his declaration under section 12, Methodology. Abstraction and Filtration are two things that would rule out code. They are meant to filter out parts of the code that are not protectable under copyright (public domain code, scenes a faire, etc.). If the comparison provided matches that were indeed similar, abstration and filtration could be used to show that although they were the same, they were not protectable. Everything must pass the comparison test though, so by doing this he was casting a wide net to find any similar code.
      24. For purposes of my review, I did not first apply the "abstraction" and filtration" analyses to the Unix System V Code. Instead, to be conservative, I assumed that all of the Unix System V code was in fact protectable (although I do not believe all of such code in fact to be protectable) and proceeded to compare all of the Unix System V Code with all of the IBM Code to see if there were any true matches of copied code in the first place. To the extent necessary, I then applied the "filtration" analysis to the reportedly matching code to determine if such code was in fact protectable.
    7. Re:Formal Request to Randall Davis by Master+of+Transhuman · · Score: 1

      "Furthermore, I am satisfied that he did whatever is necessary to ensure that "no matches" means that there were in fact no matches and not simply that the filter itself failed to detect them"

      Excuse me, but if your only tool says "no match", how do you then in any particular case verify that it is correct - since that's the only tool you have?

      Are you suggesting he manually examine everything as verification?

      Makes no sense.

      --
      Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
    8. Re:Formal Request to Randall Davis by Maserati · · Score: 1

      Dr. Davis ran two tests, Comparator and Sim. He didn't find any matches worth the effort of applying the Filtration portion of the test with either tool. Those were the two most sophisticated tools that he could examine the source-code for. He made a point of that and may well have thoroughly analyzed it, and his assistant did in fact dig deeply enough into one of them to optimize it for larger amounts of data.

      I'd say he did his due diligence.

      --
      Veteran, Bermuda Triangle Expeditionary Force, 1992-1951
    9. Re:Formal Request to Randall Davis by Master+of+Transhuman · · Score: 1

      That's what I thought. OP was asking for some way to verify that the tool "caught it all". By definition, it did, since without the tool, there's no way to verify at all.

      Obviously the tool was tested on some test cases before he used it on something like this.

      --
      Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
  41. R. Davis has been a consultant for ... IBM (p.2) by Anonymous Coward · · Score: 0

    http://www.ai.mit.edu/people/davis/bio.pdf

  42. lawyers by Anonymous Coward · · Score: 0

    IANAL but isnt there something forbidding lawyers from taking on cases they know to be false or something like that? When SCOs case is proven to have no grounds - and never did (and thats merely a matter of time) whats going to happen to the lawyers after this case. Im presuming they`re going to swear blind they thought SCO would win ( chortle etc ). It would be nice to see the lawyers in chain - dragged off to the stockade along with Darl + co

    1. Re:lawyers by nosredna · · Score: 2, Insightful

      If there were such a law, there could be no public defenders or district attorneys. Besides, as cynical as it sounds, the legal system does not really work on the basis of 'truth,' it works on the basis of law. The job of the lawyers is to reveal and even sensationalize as much of the truth that's in their favor as possible, while hiding or downplaying what there is that's against them. It balances out, because he's working against another guy doing exactly the same thing.

    2. Re:lawyers by Master+of+Transhuman · · Score: 1

      "It balances out, because he's working against another guy doing exactly the same thing."

      Correction, please. It SHOULD balance out.

      That's theory.

      In reality, it never does balance out - except in cases where a major corporation is opposing a local jurisdiction that can't match the legal funding or manpower.

      In most other cases, you have one lawyer (or law firm, again depending on funding) opposing a state-funded operation (which might, however, be incompetent, I'll give you that.)

      There's a reason the criminal conviction rate in Federal Court exceeds 98% - and it's not that everybody is guilty.

      --
      Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
    3. Re:lawyers by stealth.c · · Score: 1

      I disagree that it balances out, because one powerful or wealthy party can hire whole teams of expensive lawyers to root out heaven-only-knows-what and prance about in the court room until the other, less powerful party runs out of money with which to pay HIS attorneys.

      End result: the wealthy can lawfully oppress the poor. There is nothing new under the sun.

  43. His assistant seems busy by Anonymous Coward · · Score: 0

    I wish that I could bill my time for $550/hr and then get my assistant to do all of the real work. It sounds like all he really did was manually check the very few matches that came up. If they're all like the example he gave then I don't see any reason it would have taken him more then 10 minutes of actual work.

  44. License fee by Darth+Muffin · · Score: 1

    So can I get a refund on my SCO extortio^H^H^H^H^H^H^H^H license fee?

    --
    Real programmers use "copy con program.exe"
    1. Re:License fee by Vexler · · Score: 1

      You actually paid cold hard cash for that? It sucks to be you, I guess.

  45. LAW by Skiron · · Score: 2, Insightful

    Law is an ass, and there is no way to tell which way this will still come out - on all the arguments.

    It only takes a . out of line to sway the legal result, not necessary the correct and right result.

    It not over until the fat penguin sings, then we can all rejoice.

  46. Obligatory stock graph by hackstraw · · Score: 2, Insightful

    Well, it looks like we only have 2 more months until SCOX is back to where it should be.

    1. Re:Obligatory stock graph by advocate_one · · Score: 1

      just think of it as a very slow dead cat bounce...

      --
      Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
    2. Re:Obligatory stock graph by uberdave · · Score: 1

      It seems like it is where it is supposed to be.

    3. Re:Obligatory stock graph by tool462 · · Score: 1

      Okay, lemme see... Integrating under the curve... Multiply by a few million shares... and we get... Holy crap! Forget $550 an hour, where do I sign up to be a Darl McBride???

  47. COMPARATOR and SIM by angle_slam · · Score: 1, Funny
    17. As explained in detail below, I used two programs, called COMPARATOR and SIM, to help automate the process.

    Will he have to re-run the comparison now that Sims 2 is out?

    1. Re:COMPARATOR and SIM by Anonymous Coward · · Score: 0

      please tell me you are joking...... sim and the sims are two completely different things.... to even suggest any similarity would be like the basis for the whole SCO case

    2. Re:COMPARATOR and SIM by Anonymous Coward · · Score: 0

      Wow, you got the joke right off the bat. Good one.

  48. SCO? No! by Anonymous Coward · · Score: 0

    Wait for the contersue:

    "We don't exist"

  49. IBM had to do this... by dR.fuZZo · · Score: 4, Funny

    To strengthen their case, IBM needed to trot out an MIT professor to counteract all of those fictional MIT folks that found this infringement in the first place.

    --
    -- dR.fuZZo
  50. His resume! by chill · · Score: 3, Interesting

    I love this part:

    "I have also been retained by the Department of Justice in its investigation of the INSLAW matter. In 1992 (and later in 1995) my task in that engagement was to investigate alleged copyright theft and subsequent cover-up by the Federal Bureau of Investigations, the National Security Agency, the Drug Enforcement Agency, the United States Customs Service, and the Defense Intelligence Agency."

    Holy rat shit Batman!

    --
    Learning HOW to think is more important than learning WHAT to think.
    1. Re:His resume! by kzinti · · Score: 3, Funny

      "I have also been retained by the Department of Justice in its investigation of the INSLAW matter. In 1992 (and later in 1995) my task in that engagement was to investigate alleged copyright theft and subsequent cover-up by the Federal Bureau of Investigations, the National Security Agency, the Drug Enforcement Agency, the United States Customs Service, and the Defense Intelligence Agency."

      So Professor Davis can not only tell us that there is no SCO code in linux, but he should also be able to tell us how much crack the SCO weasels had to smoke before formulating their outrageous claims.

  51. $550 an hour... for having an impressive resume by Anonymous Coward · · Score: 2, Insightful
    The big bucks are not for what he did, but because his personal history as an expert is sufficintly impressive that judges and juries will find him particularly credible.

    Even though what he did may only require a CS degree, if IBM just hired someone with a CS degree to do the same job the SCO lawyers might hire an expert with a better looking resume and be able to convince a non-technical judge/jury that their side was correct.

    It's sort of a credentials arms race.

  52. Yeah by rjdohnert · · Score: 1

    Sure, you expect me to believe that. I willwait for a judges ruling first.

  53. If the glove doesn't fit, you must aquit by Dark+Coder · · Score: 1

    Out of the AFC (Abstraction-Filtration-Comparision), only two were applied.

    If the 3rd, Filtration, was ever evoked, then muddy waters ensures.

    What a cool legal concept. Open-n-shut case.

  54. SCO has their 'expert' by Hamster+Of+Death · · Score: 3, Funny

    SCO has apparently already recruited their expert, apparently it's this guy. SCO Expert

  55. Comment removed by account_deleted · · Score: 5, Interesting

    Comment removed based on user account deletion

  56. SCO Claims IBM put WMD in Linux? by Anonymous Coward · · Score: 1, Funny


    With this additional information, is it now true that SCO claims that IBM inserted weapons of mass destruction in the Linux Source?? I guess they'll just need IBM's personal e-mails about Microsoft to find it.

  57. Re:$550 an hour....cheap by the_twisted_pair · · Score: 1
    Okay, so I expect you've posted in jest...but if not, you've completely overlooked the lifetime's work that makes the good Doctor credible material for an Expert Witness.

    That's why , to IBM, he's worth $550 an hour.

  58. *Not* exponential Re:Scope by mflaster · · Score: 2, Informative
    6 million lines of code compared against 6 million (or more) will take a exponentially more time than 27000 vs 6 million.

    That's incorrect. Comparator makes one pass over all the lines of code, computes a hash values for line triplets, sorts that hash value, and then looks for matches in adjacent values of the sorted list.

    It is not an n squared algorithm, it's n log n.

    By my calculations, looking at 200 times as much SCO code (6M vs 27k) would take less than 3 times as long.

    Mike

  59. "Surprised, anyone?" by Kaemaril · · Score: 1

    "Surprised, anyone?"

    No. Nobody is surprised. And that includes SCO.

  60. I want my money back!!!!! by wbglinks · · Score: 0

    Hey, I sent SCO $200 bucks to use Linux. (I'm being facetious here)

    I want my money BACK!!!!

    WBG Links
    www.wbglinks.net

    --

    WBG Links
    www.wbglinks.net
  61. Darl sez... by phyruxus · · Score: 5, Funny
    Darl McBride was reached for comment and had the following comments to make:

    There are no American tanks in Baghdad!
    They are nowhere near Baghdad.
    Their forces committed suicide by the hundreds.... The battle is very fierce and God made us victorious. The fighting continues.

    Ooops, wrong script. (fumbles with papers)

    IBM is lying about the lack of stolen code.
    We need another delay to find stolen code.
    There can be no doubt that Linux contains stolen code.

    --
    "A witty saying proves nothing." ~Voltaire
    "d'Oh!" ~Homer
    1. Re:Darl sez... by Walt+Dismal · · Score: 1

      In other news, IBM denied having any weapons of mass code destruction, but SCO decided to attack them anyway, using troups of lawyers in Hummvees as well as bombing them from advanced jets fueled with vaporware. Vice President Darl Cheney then announced that SCOburton had a sole-source contract for reconstructing IBM. "We are spreading democracy to Open Source," he announced, "even if it kills them."

  62. In related news... by IronChefMorimoto · · Score: 3, Funny

    In related news, the same researcher has determined that the brown stripe in the BVD briefs of 77-year-old Frank Wilson of Alatoosa, Mississippi does not contain SCO bullshit.

    Wilson was subpoenaed on July 3, 2004 for apparently using SCO Unix bullshit in his underwear. SCO lawyers contended that, in addition to all of their other bullshit, this particular stripe of fecal matter in Wilson's BVDs was, in fact, similar the other bullshit that they have spread around since they began their legal actions.

    Wilson, a World War II veteran and resident at the Shady Acres Memory Care facility on the western edge of Alatoosa, was not immediately aware of what SCO was in the first place.

    "I thought it was the VA -- finally giving me my money for that piece of Kraut shrapnel I took in 1942! Fucking Krauts! Where's my applesauce? Is my wife around?"

    Officials at the memory care facility noted that Wilson is an Alzheimers patient who frequently forgets to wipe himself after using the bedpan, hence the source of the stripe in his underwear. They were aware of the legal action again Wilson by SCO, but rather than stir up his angina and blood pressure by witholding the mail that he watches being delivered every day, they let him open the SCO legal letter himself.

    "We're just glad he didn't keel over with a stroke," said Frank Johnson, the head nurse of the memory care facility. "He just ranted about the VA and pissed down his leg while asking for his son, who has been dead for 16 years after a car accident. It could've been a lot worse."

    The examination of the fecal stripe in the suspect pair of BVDs turned up concrete evidence that, in fact, the shit was Wilson's. In fact, it was not even bullshit and thus not legally open to subpoena by SCO on the grounds that it was more of SCO's bullshit. No countersuit has been filed, as Wilson's surviving family members have apparently never visited him at the facility and only wish to pay the bills for his care.

    IronChefMorimoto

  63. Old news, McBride has already admitted this by Anita+Coney · · Score: 3, Interesting

    Way back in April McBride admitted there were no "line-by-line, exact copies" of code taken from Unix and placed in Linux. He stated that it was a merely a "nonliteral" copy.

    http://www.eweek.com/article2/0,1759,1561611,00. as p

    --
    If someone says he and his monkey have nothing to hide, they almost certainly do.
    1. Re:Old news, McBride has already admitted this by rusty0101 · · Score: 4, Insightful

      If you paid attention to the FA, you might have noticed that what McBride is accusing IBM or other Linux developers of doing, includes changing the variable names to hide the 'stolen' code, and that the software that the Dr. used takes this possibility into consideration, and would find such lines if they existed.

      The basic result is that no such lines existed that can be demonstrated to be non-literal copying, or literal copying.

      -Rusty

      --
      You never know...
  64. Its a pawn by Exter-C · · Score: 1

    This whole saga comes down to SCO being a pawn in a much bigger game played by the big boys. Realistically everyone looses in many cases like this. Because it comes down to a trust issue.

  65. SCO Stalling by helmespc · · Score: 3, Funny

    I think SCO is stalling so that they can rewrite their code to match the Linux code...

  66. Heh, paragraph 30 by xant · · Score: 4, Informative
    (copied by hand, not pasted, since the PDF is of a fax of a copy or somethign..)

    The box below shows one of the reported matches from the lines of code cited by SCO. COMPARATOR reported a match between lines 588-591 in rclock.c and lines 1665-1667 from System V UW1.1 /src/i386at/uts/io/target/sdi.c:

    Lines 588-591 from rclock.c
    #endif /* RCLOCK_PROF */
    return;
    }


    Lines 1665-1667 from sdi.c
    #endif
    return;
    }


    The two "words"--endif and return--that appear in the two files are so common in code written in the C language that finding them together like this is purely an accident, of no significance in detecting copying. In particular, the code from each file above simply signifies the ending of a routine; it is as if we had found two bodies of unrelated English text that each happened to conclude with the words "the end".

    I think that pretty much sums up this whole case from the beginning.
    --
    It's rare that you're presented with a knob whose only two positions are Make History and Flee Your Glorious Destiny.
  67. Dr. Davis *is* refuting SCO's expert witness by mflaster · · Score: 1
    Since Dr. Randall Davis is an expert witness for IBM, I am guessing that SCO will say, "ain't so!" and then they will ask for time to refute Randall's findings and perhaps come up with an expert witness of their own that finds thousands of "matches."

    Actually, Dr. Davis is already refuting the declaration (currently under seal) of SCO's "expert witness", Sandeep Gupta. Mr. Gupta happens to be the SCO VP of Engineering. Yeah, they searched far and wide to find that expert... :-)

    Remember, SCO must present evidence, or have experts present evidence, that there is copying. IBM then just needs to show that SCO is full of it, like they did here...

    MIke

    1. Re:Dr. Davis *is* refuting SCO's expert witness by Ohreally_factor · · Score: 1

      I think that in a recent filing, SCO has claimed that Gupta is not an expert witness, but a layman with personal knowledge of the situation. But he could be an expert if he wanted. =) Yeesh.

      --
      It's not offtopic, dumbass. It's orthogonal.
  68. Re:$550 an hour....and he reviewed 15 lines of cod by Anonymous Coward · · Score: 0

    This guy is the expert in code comparison, which is why he can get so much. It's like hiring Linus Torvalds as a kernel consultant.

    Umm.. But Linus only an expert on one kernel. He's demonstrated on several occasions that he doesn't understand any others.

  69. False Assumptions by Anonymous Coward · · Score: 0

    Since the code he used was open source, the conclusions he reached are obviously false and probably derived from someone else's work.

  70. you can now expect to be subpoena'd... by bani · · Score: 2, Funny

    ...by sco, to testify at length defending it against allegations by sco that the tool is flawed and biased against them (and them alone).

    1. Re:you can now expect to be subpoena'd... by Anonymous Coward · · Score: 0

      I think SCO might actually claim ESR stole the code from them!

  71. I think he's doing that.. by Anonymous Coward · · Score: 0

    I think he's doing that so that SCO can't say "No fair! He used IBM's computers - they must have changed the outcome!"

    I think I'm joking, but I suspect that SCO would be just desperate enough to try it.

    1. Re:I think he's doing that.. by moggie_xev · · Score: 1

      It does make him look more independant which is no bad thing.

  72. What did Didio see? by Anonymous Coward · · Score: 2, Interesting

    If Davis sees no common code, then what did Laura Didio see?

    http://www.groklaw.net/quotes/showperson.phtml?pid =9

    "My impression is that [SCO's claim] is credible," says Laura DiDio, a Yankee Group analyst who was shown the evidence by SCO Group earlier this week. "It appears to be the same" code.-- Laura DiDio, 2003-06-05

    1. Re:What did Didio see? by Anonymous Coward · · Score: 0

      A big wad of ca$h.

    2. Re:What did Didio see? by dgatwood · · Score: 4, Informative
      Simple. She saw similar code. Look, Laura DiDio is a tech analyst. She looks for trends in the market. She is neither a programmer nor a copyright expert. Davis is both. It's easy for SCO to pull one over on someone who doesn't have the skill set needed to understand what does and doesn't constitute infringement, but far harder to do so to someone who specializes in the subject. :-)

      Davis saw no -infringing- code. That's not the same thing as seeing no common code. Copying a ten-line function almost verbatim is likely a copyright violation. Ending up with a handful of lines that look a lot alike, by contrast, is often just an unavoidable side-effect of writing two pieces of code that do the same thing.

      Small blocks of code (under 3 lines) are generally not protected by copyright (unless we're talking obfuscated C lines). Even larger blocks of code may not be protected, depending on content.

      For example, in many cases (drivers come to mind), there may only be exactly one way to do something (e.g. you must set this register to 1, wait 5 ms, set it to zero, wait 5 ms, then set a second register to 1), in which case those specific bits are unlikely to be copyrightable at all, even if they represent a fairly substantial number of lines of code.

      Also, in order for the code to be infringing, it must have been taken from AT&T UNIX or its descendants, and must not have been put there by someone who owned copyright on said code. That means that A. the code must not have been placed there by anyone working for SCO or Novell, and B. the code must not have come from a third, shared source such as BSD. A very large chunk of SCO's UNIX code fails the "B." test, and SCO was an active contributor to Linux, so many cases where code appears the same could easily fail the "A." test as well.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    3. Re:What did Didio see? by killjoe · · Score: 2, Interesting

      "Look, Laura DiDio is a tech analyst. She looks for trends in the market. She is neither a programmer nor a copyright expert. "

      SO why is she publishing that she was copied code? If she does not have the qualifications to make such a decision then she certainly then she certainly should not be advising investors based on such analysis.

      "Davis saw no -infringing- code. That's not the same thing as seeing no common code. Copying a ten-line function almost verbatim is likely a copyright violation. Ending up with a handful of lines that look a lot alike, by contrast, is often just an unavoidable side-effect of writing two pieces of code that do the same thing."

      It's apparent now that you did not read the deposition. Go read it. He explains exactly how he searched and what he found. He found 15 instances of "same" code. It was crap like

      #endif
      return;
      }

      He says (rightly so) that this is like reading two novels and finding that they both contain the phrase "he gave it".

      This is significant. He did not have to do any kind of "filtering" to weed out same code that does not infringe. He FOUND THAT THERE WAS NO DUPLICATION OF CODE AT ALL.

      --
      evil is as evil does
    4. Re:What did Didio see? by Xenographic · · Score: 1

      Didio, last I heard, was also a long-time friend of Darl's...

      As if we don't have enough other reasons to question her credibility otherwise...

    5. Re:What did Didio see? by rtb61 · · Score: 1

      The size of her cheque.

      --
      Chaos - everything, everywhere, everywhen
    6. Re:What did Didio see? by Anonymous Coward · · Score: 0

      Read the post. That's exactly what the grandparent said.

    7. Re:What did Didio see? by dgatwood · · Score: 1
      It's apparent now that you did not read the deposition. Go read it. He explains exactly how he searched and what he found. He found 15 instances of "same" code. It was crap like...

      That's actually disturbing if that is true. That means that either he wasn't looking at the entire code base that SCO searched or that his comparison code was broken. SCO has -already- publicly showed samples that were more significant than what you describe. Of course, the open source community analyzed those, found their origins, and determined that SCO didn't own the copyright on it to begin with.

      That said, if he did not do any filtering to eliminate BSD code and still came up with no duplicated code, then there is something -severely- wrong with his methods because it should have turned up a -lot- of duplication. The drivers alone should have turned up tons of hits.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

  73. Friendly logic lesson. by Shenkerian · · Score: 2, Informative
    Interesting if true. Not true; therefore not interesting.

    Your logic is flawed. If not true, it's unclear whether it's interesting.

    Your conclusion would be true if your premise were "interesting if and only if true."

    --
    You tell me how "whilst" differs from "while," and I'll stop calling you a pretentious jackass.
    1. Re:Friendly logic lesson. by FurryFeet · · Score: 1

      Of course, all this nitpicking is uninteresting, regardless of its truth. /runs away

  74. Slashdot Geriatrics by Anonymous Coward · · Score: 1, Funny

    Move my bowels.
    Check SCO.
    Move my bowels.
    Check SCO.
    Move my bowels.
    Check SCO.
    Move my bowels.
    Check SCO.

    Honestly, we all know it's just a matter of time before the entire state of Utah is set afire and salt sewn into the ground. It's getting old hearing about SCO every other day...

  75. Yeah, by Anonymous Coward · · Score: 0

    ...but what if you build a Beowulf cluster of *those*?

    1. Re:Yeah, by MrCocktail · · Score: 2, Funny

      ...but what if you build a Beowulf cluster of *those*?

      This is called grad school.

  76. SCO is like a Smoke & Mirrors show... by bckrispi · · Score: 2, Funny

    ...without the Smoke & Mirrors.

    --
    Xenon, where's my money? -Borno
    1. Re:SCO is like a Smoke & Mirrors show... by Thuktun · · Score: 1

      ...without the Smoke & Mirrors.

      Nonsense. SCO is clearly blowing smoke.

  77. Randall Davis' introduction by lkcl · · Score: 1

    5. In 1990 I served as expert to the Court (Eastern District of NY) in Computer Associates v. Altai, a software copyright infringement case that articulated the abstraction, filtration, comparison test for software. I have also been retained by the Department of Justice on its investigation of the INSLAW matter. In 1992 (and later in 1995) my task in that engagement was to investigate alleged copyright theft and subsequent cover-up by the Federal Bureau of Investigation, the National Security Agency, the Drug Enforcement Agency, the United States Customs Service, and the Defense Intelligence Agency.

    whoo-hoo-heehee

  78. Maybe SCO should get Dan Rathers help. by 1shooter · · Score: 4, Funny

    Dan and CBS is very good at finding documents even when they don't exist so they ought to be able to find code that was "stolen" from SCO.

    --
    6F 9E A9 1E 96 9F 74 27 ED B8 81 6D 0C 4E 1E 78
    My other Sig is a 229.
  79. Re:$550 an hour....and he reviewed 15 lines of cod by SillySlashdotName · · Score: 1

    Or become a CEO of TSG...

    Darl makes over $1,000,000 per year which works out to (1,040,000/2080)= $550/hour - although if you think he punches a clock or works 40 weeks you would probably be wrong.

    And the only thing Darl is doing is sucking the life out of the company and riding it into bankruptcy.

    Shoot, a BUNCH easier than all that studying and work to actually ACCOMPLISH something!

    --
    Acts of massive stupidity are almost never covered by warranty. --me.
  80. Works for THE MAN, that's how! by Thud457 · · Score: 1
    "I have also been retained by the Department of Justice in its investigation of the INSLAW matter. In 1992 (and later in 1995) my task in that engagement was to investigate alleged copyright theft and subsequent cover-up by the Federal Bureau of Investigations, the National Security Agency, the Drug Enforcement Agency, the United States Customs Service, and the Defense Intelligence Agency."


    Holy fuck, how'd this guy avoid ending up dead in a ditch somewhere?!!!

    --

    the preceding comment is my own and in no way reflects the opinion of the Joint Chiefs of Staff

    1. Re:Works for THE MAN, that's how! by Master+of+Transhuman · · Score: 1

      That's why I want to see his results in that case.

      Was he retained by the DOJ to COVER UP the situation, or was he retained by someone in the DOJ actually investigating the situation?

      What am I thinking? He was retained by the DOJ.

      Ergo, he was either paid to cover it up or he was handed a bunch of snow and couldn't come to any true conclusion.

      Now if he had actually concluded the DOJ had defrauded the INSLAW firm, yes, he would be dead by an Israeli or FBI or CIA bullet (or he would have "committed suicide") by now.

      --
      Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
  81. Re:Well, then, obviously this testimony is TAINTED by EnormousTooth · · Score: 0, Troll

    Good job spelling "Anonymous" right. Loser.

    --
    I don't use Emacs; it uses me.
  82. but that's irrelevant by Trepidity · · Score: 1

    He may be qualified in any number of things, but he didn't show any of those qualifications here. He ran some already-written software, manually verified a handful of results, and reported what the software said. Anyone who can operate a computer can do that.

    1. Re:but that's irrelevant by Tim+C · · Score: 1

      Anyone who can operate a computer can do that.

      That's true, but this isn't just anyone. Look at it this way - who would you trust more, some random guy on the street who just happens to be able to operate a PC, or one of the most well-known computer scientists working today?

      It's not about qualifications, it's about reputation, and this guy is staking at least part of his on this. *That* is what he's being paid for.

  83. Yea but.. by cbreaker · · Score: 1

    However, that does not mean that part of the "deal" with the SCO vs IBM lawsuits won't be "And since this matter is settled, you must drop your countersuit."

    It's happened lots of times.

    --
    - It's not the Macs I hate. It's Digg users. -
    1. Re:Yea but.. by Nurseman · · Score: 1
      And since this matter is settled, you must drop your countersuit."

      There is absolutley no chance of this happening. Basically IBM is saying that SCO interfered with IBM's buisness by slandering it all over the media. There is so much more to the countersuit, but that is it in a nutshell. IBM will never withdraw this suit. Read some of the really good coverage on Groklaw. PJ's analysis is on mark, although the comments section gets a little wild, sorta like Slashdot :-)

      --
      Save a Life. Donate Blood. Please.
  84. SCO MATRIX by rock_climbing_guy · · Score: 4, Funny
    Do not try to find the code. That's impossible.

    Only try to realize the truth: There is no code.

    Then you will see it is not the code that is gone; it is only your head.

    --
    Wh47 d1d j00 541, 31337 15n't t3h r0xor5 ne m0r3???
  85. Still got GMail invites? by Anonymous Coward · · Score: 0

    joeniner at netscape dot net

  86. Hardly a surprise but there's more by UnknowingFool · · Score: 3, Insightful

    While news of no infringing code is hardly a surprise to everyone here, it really explains a lot of SCO's behavior. Everyone believes there probably isn't literal copying in Linux. SCO probaly does too. But SCO is stuck having made so many public statements. What they've been trying to do is sneak in the derivatives, modifications, "methods and concepts" copyright infringements. This explains their steadfast and unbending request for all of AIX and Dynix source code. They know that nobody copied SysV and put it into Linux. But many people at IBM (and others) may have used SysV as a guide to develop their own code. They want to get their hands on anything that looks like somebody at IBM wrote that might be similiar enough to pass off as having some lineage to SysV. Problem for SCO is that current copyright laws do not support this notion.

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
  87. Obligatory Simpson's quote... by DA_MAN_DA_MYTH · · Score: 2, Funny

    HA HA!

    --
    "It takes many nails to build a crib, but one screw to fill it."
  88. Duh! Can't you READ?! by mekkab · · Score: 2, Informative

    Lets see: on the Advisory Board of the US Congressional Office of Technology Assesment on software and I.P., published in 1992.
    Check.

    Columbia Law Review article on "the Legal protection of Computer Programs". Check.

    Software Law journal article on "The Nature of Software and its Consequences for Establishing and Evaluating Similarity. BIG Check.

    Court Expert on Software Copyright Infringement. Check.

    Retained by the DOJ to investigate copyright theft (and subsequent cover up) by the FBI, NSA, DEA, US Customs, and DIA. Check.

    Served as chairman of the National Academy of Sciences study on ip rights and emerging information infrastructure. Check.

    Retained as an expert in over 30 cases of ip infringement. Check.

    Yeah, I don't care if you aren't impressed with his write up. He's got the skills to pay the bills.

    He ran some already-written software, manually verified a handful of results, and reported what the software said. Anyone who can operate a computer can do that.


    Actually, its the MANUALLY verified results that "anyone who can operate a computer" CAN'T do. The above C.V. gives gravitas to his methodology, choice of programs, modifications to said programs, and (most importantly) manual verification.

    --
    In the future, I would want to not be isolated from my friends in the Space Station.
  89. Punishment... by Anonymous Coward · · Score: 0

    So, how many years in prison do the executives of SCO get for this blatantly obvious abuse of our justice system?

  90. sco by mehtars · · Score: 1

    In my opinion-- this is as credible as scos claim--- it goes nowhere.

  91. You used the word "bunkum"! by Ohreally_factor · · Score: 1

    You're my hero for the day! I prefer the spelling Buncombe, as Mencken spelled it, but no matter.

    --
    It's not offtopic, dumbass. It's orthogonal.
  92. CYA Memo Diff by Dark+Coder · · Score: 1

    For the uninitiated, "CYA Memo Diff" is the comparision of two documents during W's Guard years.

  93. Dear Slashdot, by trendescape · · Score: 0

    Anyone can simply go on yahoo.com and do a people find for "Darl McBride" in Salt Lake City, Utah and call him up and give him a peice of your mind. I already have, god I love such sensitive information in the public domain. Next, Bill Gates! :)

    --
    irc.enterthegame.com #linux
    1. Re:Dear Slashdot, by trendescape · · Score: 0

      Wait, why did I post that. Knowing Darl, the money hungry bastard that he is, will try to sue me.

      Dear Darl, I run UnixWare and I'm a huge fan of SCO and all that they have done for humanity. Leave me alone.

      Sincerly, Anonymous

      --
      irc.enterthegame.com #linux
  94. Wish the expert had said more by Anonymous Coward · · Score: 0

    The expert said that his staff modified the SIM program to, among other things, improve its performance. That sounds suspicious. How long would it have run without the improvements? What time deadline were they up against? Why would it matter if that dual-3GHz machine ran four hours or forty hours on the problem? I wish the expert had spoken to these questions.

    1. Re:Wish the expert had said more by maroberts · · Score: 1

      I believe that some of the changes he made are documented in the affidavit. Anyway it would matter because the expert is paid an hourly rate, and it's only fair to minimise the time he spends watching TV while the program does the job for him!

      Both programs are open source, so I hope he was a good guy and submitted his performance improvements to the maintainers.

      --

      Donte Alistair Anderson Roberts - hi son!
      Karma: Chameleon

  95. code compare by jlebrech · · Score: 1

    They could essentially compare the code for every sys V with every AIX code mix and match versions and find the lines of code in different places that are the same but does that mean its copying.

  96. the manual verification isn't important by Trepidity · · Score: 1

    The results he verified are so small that they don't need to be verified at all: they could be entered verbatim into the court record, and it'd be pretty obvious those 15 lines of code aren't the infringement SCO is looking for. What the evidence rests on is that the other millions of lines the program *didn't* flag aren't infringements. That means it rests entirely on what the program does, which is something ESR could better attest to, being the one who wrote it.

    1. Re:the manual verification isn't important by Anonymous Coward · · Score: 0

      Old story:

      "To illustrate the principle, Dr Kramer cites a story dating from the golden age of radio when a malfunction in the main transmitter caused CBS to go off the air. When the company's own engineers failed to figure out what was wrong, they called in an outside expert. The expert walked up to the transmitter, stared at it, then gave it a sharp kick, which put CBS back in commission. The next day CBS got an itemized bill that read: 'One kick, $1. Knowing where to kick, $9999.'"

      If he is truly an expert, then he would know that the methodology was correct and the result correct.

    2. Re:the manual verification isn't important by mekkab · · Score: 1

      Oh, okay. I think I understand what you are saying.

      However I still don't agree, and here is why.

      Section IV.3 combined with his experience. He didn't just run the programs; he selected two different algorithms, and modified them. And what sets him apart from anyone else is that he transcends simply having the technical ability to compare two texts: he also is at the forefront of the study and practice of copyright infringement.

      His selection of the programs validates ESR in the legal realm.

      --
      In the future, I would want to not be isolated from my friends in the Space Station.
  97. OT... by Zordak · · Score: 1
    Why did WTC 7 collapse?
    My guess would be because two really big, tall buildings fell on top of it. Is there some scandal or conspiracy theory that I haven't heard about?
    --

    Today's Sesame Street was brought to you by the number e.
    1. Re:OT... by mistered · · Score: 1
      There are a ton of Sept. 11 conspiracy theories. Here's one example: http://www.whatreallyhappened.com/cutter.html. This was the result of 5 seconds of Google research and not anything I personally have any interest in.

      --
      Enjoy your job, make lots of money, work within the law. Choose any two.
    2. Re:OT... by Zordak · · Score: 1

      I guess some people have lots of time to just sit around and think. What I was really asking, of course, is whether the other poster subscribed to a particular WTC conspiracy theory, as I hadn't heard any about WTC 7. I'm sure that's the one. In any case, I happen to know for a fact that Sept. 11 was perpetrated by commie martians, and those twin probes were heavily armed.

      --

      Today's Sesame Street was brought to you by the number e.
    3. Re:OT... by hackstraw · · Score: 1

      No. I don't have any specific conspiracy theory. I believe that most everyone will agree that it was a conspiracy of some kind, where most people believe that it was due to 19 Saudi hijackers and al queda. I guess I do have lots of time to think about one of the most significant events that has happened in my lifetime, and being that it has become either the number one or two issue for determining the next president of the united states. It seems as though this day will still have impact on me and others for years to come.

      Anyway, I guess its just OK now. It was a long time ago. I'm sure that our air defense will not fail again like it did that day. We invaded Afghanastan and fixed that problem. We invaded Iraq just in case they might have have had weapons of mass destruction and maybe have had ties to terrorists. Neither cases have held up, but we have tought the world and all of the terrorists out there a lesson. Its clear that we are safer now, because every suicidal terrorist that is willing to sacrifice their lives to be with Allah is now scared because we might take their clothes off and chastise them.

  98. And while you're at it... by Ungrounded+Lightning · · Score: 1

    Great! Graduate Phi Beta Cappa (summa cum laude, too), run some AI centers and also have excessive experience in Code copyright infringement cases!

    And while you're at it:

    Be THE consulting expert in THE case where the legal rule defining what constitutes copyright-infringing copying of, or derivation from, a computer program and how to detect it by comparision, are ORIGINGALLY DEFINED and made into legal precedent.

    Oops. Too late. You'll need a time machine, too.

    (Looks like, when they were "bringing in the big guns", IBM brought in the biggest gun there is.)

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    1. Re:And while you're at it... by antoy · · Score: 1

      (Looks like, when they were "bringing in the big guns", IBM brought in the biggest gun there is.)

      Actually in the previous SCO story, the article mentioned Brian Kernighan testifying for IBM. Now *that's* the biggest gun there is. Makes you wanna see the look of all the SCO software engineers who work to make a credible argument in court when they come face to face with the guy's whose books tought them how to program.

  99. I'm telling you they have our code.... by Anonymous Coward · · Score: 0

    ...yes that's right, I didn't say that IBM had the code, I said I said they had our code.

    I have Dan Rather here to help explain to you, that even if they don't have the code, IBM still has some explaining to do, Lucy, because I said I said that IBM had our code.

    Kisses,
    Daryl

  100. And to make matters worse... by Anonymous Coward · · Score: 0

    And to make matters worse...

    Back on March 4th 2002 they had a reverse 4 for 1 stock split to get the stock price out of the dumps. So, if one were to readjust the stock to indicate it's value now compared to pre-Darl days, today's stock should be valued at 93 cents per share (3.71 / 4).

  101. They set us up the bomb.... by Anonymous Coward · · Score: 0

    IBM: SCO, Make your time.
    SCO: All your code are belong to us. ...

  102. Justice upgrade by Doc+Ruby · · Score: 4, Insightful

    If US justice required evidence to be registered and certified allowable before claims were filed, the system would shed a lot of its unbearable load. Even the appeals before a judge, of disallowed evidence, would be dealt with in a more efficient manner. It's insane that I'm paying for the legal system that SCO is exploiting to promote its equity, now that its legitimate business has failed, while their travesty hasn't even got any evidence, or demonstrated any basis for their claims. After the years they've pushed this thing through the courts, they should have at least produced some evidence. And they're just the flagship corporate operation lawsuit - billions are spent by my cohort of taxpayers to keep litigious corporations and their lawyers in business. We should nip them in the bud, by simply requiring evidence to make any claims based on it.

    --

    --
    make install -not war

    1. Re:Justice upgrade by C_Kode · · Score: 1

      Not to mention when things get entered into evidence and are later proven incorrect the ideas implied by what was entered now taint the decision making process.

      For instance. I was on a jury and a video of the crime was entered into evidence. That video showed the defendent committing the crime, but it was later stricken from evidence because it was found that it was obtained illegally.

      Needless to say, I saw the video. The man was guilty as sin and I knew about it and I couldn't in clear conscience let a man walk because they told me to ignore what I saw.

    2. Re:Justice upgrade by Doc+Ruby · · Score: 2, Interesting

      American justice was formulated by rationalists at the beginning of the Enlightenment, modeled on science (and including one of the great scientists, Ben Franklin, as a founder). Its dependence on evidence, actions and even its structure which finds defendants only "guilty" or "not guilty", but not "innocent", is an artifact of its scientific approach, which cannot prove a negative proposition, merely fail to prove a positive one. But science was young, and the culture of American lawyers was developed by people who explicitly avoided the culture of science, math and engineering. As it has diverged into mere persuasion, now wallowing in the depths of theories of "intent", it has become a joke.

      Unfortunately, all the talk of "tort reform", channeling distrust of "trial lawyers" will go in the other direction from clearly engineered justice procedures. It will unimpeachably establish corporate primacy in rights in law, severely curtail humans' rights to sue, and generate an edifice for injustice on the ruins of the old, flawed system. The barbarians are at the gate, and all that stands between them and us is an association of lawyers. We're doomed.

      --

      --
      make install -not war

    3. Re:Justice upgrade by DF5JT · · Score: 1

      " If US justice required evidence to be registered and certified allowable before claims were filed, the system would shed a lot of its unbearable load. Even the appeals before a judge, of disallowed evidence, would be dealt with in a more efficient manner. It's insane that I'm paying for the legal system that SCO is exploiting to promote its equity, now that its legitimate business has failed, while their travesty hasn't even got any evidence, or demonstrated any basis for their claims. After the years they've pushed this thing through the courts, they should have at least produced some evidence. And they're just the flagship corporate operation lawsuit - billions are spent by my cohort of taxpayers to keep litigious corporations and their lawyers in business. We should nip them in the bud, by simply requiring evidence to make any claims based on it."

      Just ran out of mod points. Fuck.

    4. Re:Justice upgrade by Maserati · · Score: 1

      There's a strong emphasis in American jurisprudence on aqcuittal if there's any real indication of official misconduct. If the cops screw up even a little anywhere along the line, a good defense attorney can get a guilty man acquitted. This happened in the OJ Simpson case, the police got caught framing a guilty man. It keeps the police force honest, any infraction could set a crook free.

      The intent of this was to balance the incredible weight that the state can bring to bear on an individual. Put Bill Gates [1] in solitary and beat his ass twice a day for a few weeks and he'll confess to anything despite his wealth and power in the marketplace. So would anyone. It's set up to ensure that the system is scrupulously fair. It fails sometimes, and a dedicated protofascist can find ways around it and get away with shit for a long time. But it still generally works and whenever the rules are strictly followed then justice is done.

      [1] Easy example. A Forbes or a Kennedy would do as well.

      --
      Veteran, Bermuda Triangle Expeditionary Force, 1992-1951
    5. Re:Justice upgrade by Anonymous Coward · · Score: 0


      "Needless to say, I saw the video. The man was guilty as sin and I knew about it and I couldn't in clear conscience let a man walk because they told me to ignore what I saw."

      And you have just now admitted a significant enough error, to provide grounds for an appeal.

    6. Re:Justice upgrade by Doc+Ruby · · Score: 1

      How many of the OJ cops not only lost their jobs, but went to jail for their heinous crime of framing a man they weren't qualified to determine as guilty? Acquittal on procedural errors inhibits prosecutors by threatening to waste their time. If the law had more teeth, with jailtime for malfeasance, losing their job would merely come with the sentence, like the rest of us not privileged to be in law enforcement.

      --

      --
      make install -not war

    7. Re:Justice upgrade by TheLink · · Score: 1

      Sounds stupid to me. Why can't they just find both parties guilty of an offense each?

      The defendant for committing the crime.

      The prosecutors/relevant parties for obtaining evidence illegally.

      The argument that it encourages the prosecuting parties to obtain evidence illegally is stupid- you can adjust the penalties.

      If a cop is willing enough to go to jail just to get the crook in jail, fine by me.

      --
  103. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  104. Wait! It ain't over... by stinkpad · · Score: 2, Funny

    There is still some money left.

  105. Hey Darl, had enough yet?!?! by borgheron · · Score: 2, Interesting

    We see that now that you are engaged in an ass kicking contents with an entity that has 20 legs and no ass, you're loosing!

    Not to mention the fact that you have no case!! Never had one, never will have one!! Do you sleep well at night, Darl? Do your employees welcome you to the office when you show up for work? Or do they jeer at the man whose cost them any future they could ever have had in the IT industry in the hope that they might "get rich quick" by trying to bust up Linux?

    Caldera (let's call it what it is...) was one of the Linux leaders and you've turned this once Linux company into a litigation machine just like you're famous for. Well this time, the joke's on you pal. You've come up against two things you didn't count on. One, that a mega corporation like IBM might actually fight you instead of just paying you off and two, the tenacity of the Linux community and our unique ability to find the facts about a given situation. *This* is how it works here, we police each other with the very same eye we've used to scrutinize this farce of yours.

    We have come out on top, and we will always come out on top. We've stared you in your ugly face and we've not flinched.

    Screw you, Darl McBride.

    Sincerely, Gregory Casamento.

    --
    Gregory Casamento
    ## Chief Maintainer for GNUstep
  106. Not suprised at all by RodeoBoy · · Score: 1

    " Surprised, anyone?"

    He must read /. ;^)

  107. Read the PDF by Anonymous Coward · · Score: 0

    I'm sorry, that was a hit that his own programs caught that he was explaining wasn't a valid hit as an example. SCO didn't point out those lines to anybody, Professor Davis did.

  108. I'd Like To See The Results of This by Master+of+Transhuman · · Score: 1

    "I have also been retained by the Department of Justice on its investigation of the INSLAW matter. In 1992 (and later in 1995) my task in that engagement was to investigate alleged copyright theft and subsequent cover-up by the Federal Bureau of Investigation, the National Security Agency, the Drug Enforcement Agency, the United States Customs Service, and the Defense Intelligence Agency."

    Now THAT would be an interesting read.

    Anybody got a link to the results?

    --
    Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
  109. Re:$550 an hour....and he reviewed 15 lines of cod by ChrisCampbell47 · · Score: 1
    Total invoice: $550

    Breakdown:
    $50 Doing it
    $500 Knowing what to do
    You've got a CS degree, huh? Are you sure you're not just another 18 year old or maybe a DeVry grad? You're acting like one. Next time post as an AC so you don't make such a fool of yourself.
  110. if u have not read "a civil action" by cinnamon+colbert · · Score: 1

    A wonderful book about the suit brought by some wobourn MA parents whoose children develooped cancer (also a gd movie with j travolta). The point is, both sides had very eminent professors of geology to testify about movement of chemicals thru groundwater; both experts were total BS artists. so just because some guy with a big rep at mit says its so, dont mean its so (sort of lke 80 bucks does not guarantee a good bike lock)

  111. Re:$550 an hour....and he reviewed 15 lines of cod by the+eric+conspiracy · · Score: 1

    I've got a CS degree

    Let me see now, that was Summa Cum Laude/Phi Beta Kappa from an Ivy League school? Right?

    Oh, yes and your PhD was from Stanford? MIT? or what equivalent?

    And you have been a chaired professor for how many years at what elite university?

    Oh, and you have experience in intellectual property cases that have set relevant legal precidents?

    And you have served on what national panels/policy making bodies in this field??

  112. Help a fellow geek! by master_p · · Score: 1

    Completely offtopic:

    I went to a strip joint tonight, and there was this Liz Hurley look-alike stripper that sat with me. After lots of talking, and lots of flirting, we went for a lap dance. During the dance we talked passionately and kissed passionately in the mouth, for long periods of time. Then she told me that she would like to see me again and that we may go out on a date.

    From that moment on, I am completely in my own universe, and can't think of anything else but her. Please help a fellow geek! I sat down to write about SCO, but I can't! I know it is completely off-topic, but I need an advice:

    What is the possibility that she really likes me? do strippers kiss customers in the mouth? was she faking? if she did, we are talking about a mighty actress here! should I go another day, possibly working day, and ask her out (or get her phone number)?

    I am talking seriously here!

    1. Re:Help a fellow geek! by Anonymous Coward · · Score: 0

      Are stones hard? Is water wet?

      This was a zen moment sponsored by rocks and water. Come back next week for more zen moments.

    2. Re:Help a fellow geek! by TheLink · · Score: 1

      Well if you're serious about it, treat her the way you'd treat a real nice lady and see how things go from there. e.g. don't treat her like a stripper. Treat her like you're courting her for a long term relationship.

      This is assuming you won't be interested in having a long term relationship with someone who only has "stripper" for you (e.g. if she gets money, she kisses you etc etc).

      If you treat her as a real nice lady - she'd figure you're getting serious, and if she is a real nice lady, she'd tell you whether she likes you or not (if she does you're in luck! If she actually doesn't, ouch but hey at least you did have at least one great moment on life's roller coaster - I doubt many slashdotters have been kissed by a Liz Hurley look-alike, or even "been kissed" ;) ).

      Whereas if she doesn't really like you (and isn't nice enough to tell you quick), you'll still find out. Coz once she stops getting paid to act, she'll stop acting.

      I suppose it's worth a shot, if you really can't think of anything else but her.

      --
  113. Didio saw a Dilco by Anonymous Coward · · Score: 0

    She's probably one of those women getting by on looks, not ability.

    Although judging by the looks, she's getting by on looks from blind people.

    Yeech.

  114. Better counterexample by Anonymous Coward · · Score: 0

    1. Get the oldest version of BSD available (4.0 if posssible, or better yet, 2.x)
    2. Get the most-developed BSD (DragonflyBSD?)
    3. Show derivative code, especially that with significant editorial changes but similar structure.

    (I'd suggest 7th edition, but they tried to remove all that as of the big USL lawsuit.)

    You want two, as far away as possible, WITHOUT the help of 14000 intermediate steps as SCO is telling the court they can't proceed without. You want to show that you can detect similarities across a 20-year time span.

  115. Re:Well, then, obviously this testimony is TAINTED by Anonymous Coward · · Score: 0

    Wow. That's the first time I've heard ESR referred to as a "pinko".

  116. Guys Relax! It was a joke! by zerofoo · · Score: 1

    Sure, i've got a CS degree - and I don't even write code for a living - I'm a network admin.

    RELAX! It was supposed to be a funny post.

    Geez....no sense of humor on slashdot today.

    -ted

  117. Gates Rubber v. Bando by Zenmonkeycat · · Score: 1

    When I saw that in the Groklaw text, I thought it was a funny editorial comment regarding something involving Bill Gates, and a rubber band... I didn't know there was an actual case called that. But would law students call it the Gates Decision, the Rubber Decision, or just Rubber-Bando?

    --

    *****
    Dear Mary,
    I yearn for you tragically,
    A.T. Tappman, Chaplain, U.S. Army.

    1. Re:Gates Rubber v. Bando by Zenmonkeycat · · Score: 1

      Sorry, turns out it wasn't nearly as funny... Just Gates v. Bando.

      --

      *****
      Dear Mary,
      I yearn for you tragically,
      A.T. Tappman, Chaplain, U.S. Army.

  118. Another question: by MsGeek · · Score: 1

    If this happens, will the Free Software Foundation have to change the name of their software from GNU, for "GNU's Not Unix" to GIU, "GNU IS Unix"?

    --
    Knowledge is power. Knowledge shared is power multiplied.
  119. What next? by Anonymous Coward · · Score: 0

    Linux has no SCO code in it? Next thing we'll all be told that Iraq had no Weapons of Mass Destruction!

  120. Now run those tests against Windows source by Animats · · Score: 1

    A useful exercise would be to run those tests on Windows vs. Linux source, to see if Microsoft violated the GPL anywhere.

  121. Now for Windows by stewwy · · Score: 1

    Now there's comparator software out there howabout someone running Open Source against Windows code out there in P2P land .... the results might be **interesting** to say the least

  122. Boies, Schiller & Flexner LLP by Anonymous Coward · · Score: 0

    The real culprits here is the law firm of Boies, Schiller & Flexner LLP who have used SCO to attempt to hijack the software industry.

  123. The TARDIS methinks? by Fallen+Andy · · Score: 1

    or those two unprintable guys beginning with B who
    have single handedly (?) mutilated star trek.

    I find myself saddened that SCO, a company that in
    the old days was one of the few who genuinely believed in UNIX like systems has fallen to such lows.

    Even if they won, they would lose.

    They won't win.
    Ironically, in the 80's IBM was considered the evil demon of our industry. The worm sure turned.
    I actually *like* IBM now. No, No, it isn't all the substance abuse, it's real...

    Someone persuade them to release AmiPro and some other things open source and I'll even enthuse about how nice they are to others (big hint).

    C++. You want to Own C++. Good. That will set you
    on the path to insanity!

  124. Typical /. reader! by aug24 · · Score: 1

    Surely you mean 'imagine a beowulf cluster of Natalie Portmans...'?

    J.

    --
    You're only jealous cos the little penguins are talking to me.
  125. Re:Well, then, obviously this testimony is TAINTED by Anonymous Coward · · Score: 0

    LOL, this guy is clearly confused. ESR likes guns. A lot. There's nothing pinko about that.

  126. Reducing on file to another by fenris_23 · · Score: 1

    I am just curious about this but is it possible to incrementally change a substantial amount of code in such a way that the functionality is maintained (or perhaps modified or enhanced) but that after some number of iterative changes, Comparitor and SIM would not find a match?

    It seems to me that the argument made would be invalidated if somebody could take the same files identified by SCO, and adapt them such that the two tools used in his analysis do not identify any significant similarities.

    Further, if we are talking about sets of c files that are not identical - or nearly identical - at what point do we say that one set is just too disimilar to the other to indicate an adaptation? What I find interesting about this is that it seems intuitive that given two programs that perform the display similar behavior, it should be possible to reduce one program's code to the other program's code. If this is so, just where do we draw the line?