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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?"

14 of 405 comments (clear)

  1. 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?

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

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

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    1. 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.

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  3. 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.

  4. 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.

  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.

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  6. 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.

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  7. 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!

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  8. 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.

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

    Comment removed based on user account deletion

  10. 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....?

  11. 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

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  12. 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.
  13. 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.