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More on IBM's Project Monterey and SCO

karvind writes "Groklaw has posted another interesting article about AIX/Monterey/POWER research. The primary purpose of Project Monterey was to provide a stepping stone to Linux. IBM clearly stated this in promotional and technical materials, some of which SCO participated in publishing. It was always the plan that Project Monterey would be for POWER and SCO knew about IBM using SVR4 on POWER as far back as 2001. The article asks (and answers) some interesting questions: 'Where is the monetary damage to SCO? Where is there copyright infringement? Was SCO fully aware how quickly Linux would develop, that it would replace Unix, or did it take them by surprise?'"

128 comments

  1. Timeline by Virtual+Karma · · Score: 5, Informative

    Here is the timeline for SCO vs IBM and Linux: Click here

    1. Re:Timeline by Anonymous Coward · · Score: 1, Informative

      For some other constantly updated information on the SCO debacle, Yahoo's SCOX message board has it. It's not all financials but is an unmoderated board where links to all the new news articles about what's happening in the case appear, be it traditional print media, SCO press releases, or the other SCO/IBM dedicated sites such as groklaw etc.

    2. Re:Timeline by RealProgrammer · · Score: 4, Informative

      Here is a more complete searchable timeline.

      --
      sigs, as if you care.
    3. Re:Timeline by nocomment · · Score: 2

      Ya I don't see why they wouldn't have seen Linux as the successor. The current SCO is different than the SCO of 2001, and at the time was known as Caldera, and made.....LINUX! So of course that's what they thought was going to be the successor.

      I wonder what the old owners and engineers over Santa Cruz are thinking. Are they thinking "Man, those assclowns are dragging my years of hard work through the trash!" or are they thinking "What's that you say? SCO is suing someone else? So what! I told you not to interupt me when I'm rolling naked in my cash!"

      --
      /* oops I accidentally made a comment, sorry */
      /* http://allyourbasearebelongto.us */
    4. Re:Timeline by sik0fewl · · Score: 4, Funny

      Here is a timeline of people posting timelines:

      • 16:18 - Virtual Karma posts timeline for SCO vs IBM and Linux
      • 16:28 - RealProgrammer posts a more complete, searchable timeline
      --
      I remember when legal used to mean lawful, now it means some kind of loophole. - Leo Kessler
  2. Monterey by bryan986 · · Score: 5, Funny

    Sounds cheesy doesnt it

    --
    There is no sig
    1. Re: Monterey by Subrafta · · Score: 1

      Cheesy? You don't know Jack...

      --
      Vuja De: That sinking feeling that this is going to happen again. Often occurs in meetings with Product Managers.
    2. Re: Monterey by rubycodez · · Score: 1

      curds it, that's no gouda

    3. Re: Monterey by Captain_Chaos · · Score: 1

      Sounds cheesy doesnt it

      Sounds fishy to me

  3. SCO and IBM by UlfGabe · · Score: 5, Funny

    looks like ibm got the better of SCO

    data... check
    supporting information...check
    patents...gotta wait till the courts are out on this one
    copyright...check
    liscensing...check

    having lots of high priced lawyers.....priceless.

    --
    Check journal for info on Anti-TextBook, an idea by me.
    1. Re:SCO and IBM by ackthpt · · Score: 1
      looks like ibm got the better of SCO

      Has anyone seen or heard a good rationale for how Caldera, which bought SCO, distributed its own Linux before buying SCO and yet is in this bizarre twist suing people for IP abuse?

      --

      A feeling of having made the same mistake before: Deja Foobar
    2. Re:SCO and IBM by LWATCDR · · Score: 2, Insightful

      "patents...gotta wait till the courts are out on this one"

      Yea we have to wait but the odds are pretty good that IBM has this locked down. IBM has the patents on just about everything.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    3. Re:SCO and IBM by M1FCJ · · Score: 1
      Caldera's Linux distribution was a nice, polished distribution when Debian was still being considered modern and innovative, Redhat finally managed to get hot with Redhat 6 and Suse was finally getting rid of its Slackware roots with its version 7. CalderaLinux 2 was a good looking, very solid distro.

      On the other hand, Caldera had a very small distribution network, it was completely unknown outside US and never had the network and people to market itself and sell its (pretty good) product. At least it was a viable replacement to RedHat in many ways.

      SCO, on the other hand, had an aging piece of crap operating system known as OpenUnix. Every sysadmin I knew was trying to move from it and because of a good reason. SCO had bought Unixware 2 from Novell at that time and decided to push Unixware 7 to replace OpenUnix. On the other hand Unixware 7, although a lot mature compared to OpenUnix, it was getting a little bit stale with the advent of Linux and its innovations. These are the days when having 4 CPUs running on Linux was a big deal. Unixware handled 4 CPUs without a problem and would scale up quite nicely. Also it could handle unholy (for those days) amounts of memory like 4GB and still be stable.

      On the other hand with NT4 and later Win2k, there was no way SCO could survive, especially when they were losing money at an alarming rate since '98 (WinNT 3.5, later WinNT4 ate their backoffice market pretty quickly). From its own ranks Linux started to grow and take over the rest of the available growth. Any sysadmin moving away from OpenUnix would need quite a lot of convincing and in some cases bribery in order to switch to Unixware, most clever ones wouldn't and move over to Linux or mitra-forbid, NT.

      SCO had dealers in all continents, had a good base in US and especially in EMEA. They had lots of trained salespeople and support staff. The only thing they lacked was a good product. They tried to make more money by writing some interesting software and the result is Tarantella, which was/is quite an interesting product.

      When SCO ran out of money, Caldera moved in to utilise this sales chain and failed miserably. Tarantella was spun off and it is still somewhat solvent. Most of the sales branches just fired all competent staff and scaled down. Any clever staff moved on (and this is when I left a SCO distributer in EMEA as its sole technical staff, I never liked the products and especially loathed OpenUnix. One year away from Linux was too much for me and I couldn't convince the shitheads in management to start selling Linux instead of these two pieces of shit).

      Caldera (along with two other marginal Linux companies) made a big mistake by ditching its own Linux development department by outsourcing SuSE's enterprise system, as a result for a short time we had UnitedLinux. To this day UnitedLinux 1.0 actually means SuSE Enterprise 7. There was never an UnitedLinux 2 because SuSE simply refused to play and withdrew from the UnitedLinux consortium. Out of the three UnitedLinux companies left, two just dissapeared to oblivion (they still might exist but they are no longer big players) and SCO decided to play nasty.

      The rest is history. Caldera, under some stupid twats' leadership changed name and decided that suing IBM would gain them something.

      And that's why Caldera had a Linux before buying SCO and it was a good product. I hope it was an entertaining read.

    4. Re:SCO and IBM by ackthpt · · Score: 1
      Thanks for the post, very informative.

      I live in Santa Cruz, where SCO was formerly known as Santa Cruz Operation, and knew a few good people who used to work there about 7 years ago. SCO had a decent attitude and had good connections with people at my employer, so whatever we were using we received excellent support. It's all gone now, I don't know if anyone is still over there in the buildings near Harvey West.

      --

      A feeling of having made the same mistake before: Deja Foobar
  4. Ransom Love's Linuxworld 2000 Keynote Speech by NZheretic · · Score: 5, Informative
    In August 2000, just days after Caldera purchased the Old SCO server division, the then CEO of Caldera, Ransom Love, made a keynote speech at LinuxWorld 2000. A RealPlayer8 video stream of the event can be found at DrDobbs Journal's Technetcast.

    In the question and answer session at the end of the keynote (44:30 minutes into the videostream), Love was asked about the possible confict over Monterey and Linux IA-64. (A mp3 capture of the transcribed portion)

    "Q: What happens about Project Monterey, because that conflicts with the IA-64 Linux, 64-bit Linux?

    "Love: OK. I don't -- if we do our job right in making Linux scale over like UnixWare to the degree that everybody, that we know we can... May I ask, some people have said, "Well, people have tried this in the past, but they haven't been that successful," may I suggest: we don't have any ulterior motives for not making it successful. Technologically has not been the reason why it hasn't done it before. There's always some other motive, right? And so to talk about Monterey, clearly we want to make sure we have the same level of Linux integration on Monterey that we would have in our Unixware product. Now, we don't control, I mean, we have a great relationship... it's a joint development relationship with IBM which we intend to preserve ... but they have similar interests and so this is really a very synergistic, uh, this transaction is great for all of the major partners as they have already wanted to embrace Linux moving forward.

    "Now, let me address one other aspect of your question, which is that the Monterey Project is in conflict with the IA-64 Linux Project. I don't believe it's in conflict at all. Now, clearly, we have tremendous vested interest in the IA-64 Linux Project and with the acquisition of SCO, they've been doing a lot, so you combine those, and we've got one of the more comprehensive offerings, I believe, on the IA-64 Linux. So that's clearly an area that we're very committed to. But like Unixware, there's elements of the Monterey kernel that are more scalable, OK? Now, on the IA-64 platform, I don't know how long of window that is, but today, it's a little bit more robust and more scalable than the IA-64 Linux is today. Now, I'm not saying that over time that won't change.

    "But, and let me address one other thing. Sorry, (laughs) you're getting all of it through one question. But clearly we are going to add components back to the Linux kernel on both IA-32 and IA-64 platforms. We'll work with Linus and everyone in order to make that available. That will take some time. And as I mentioned earlier, I don't know that over time you can have a single kernel -- in fact I know you can't -- that will scale, you know, the breadth of IT technology needs. So I think we're looking, in the Linux community, at having multiple kernels, so...

    "Q: Multiple Linux kernels? Or multiple UNIX kernels?

    "Love: Multiple Linux kernels as well, over time.

    "Q: Thank you.

    "Love: You bet.

  5. Re:OT by Anonymous Coward · · Score: 0

    Mod Parent Underrated

  6. Surprise! by alexandreracine · · Score: 0
    Was SCO fully aware how quickly Linux would develop, that it would replace Unix, or did it take them by surprise?
    I would say something like...
    "Surprise! Linux is great and you are trying to screw everyone! Surprise!"

    Something like that...
    --
    No sig for now.
  7. Are we still maintaining the polite pretense... by ites · · Score: 4, Interesting

    ...that SCO actually launched this case on their own behalf and with some merit?

    I thought it was obvious from very early on that this was a proxy attack on behalf of Microsoft against its two main enemies, IBM and Linux?

    Also, clear by now that the attack failed, with heavy losses to Microsoft.

    The actual contents of SCO's case seem pretty irrelevant.

    --
    Sig for sale or rent. One previous user. Inquire within.
    1. Re:Are we still maintaining the polite pretense... by DaHat · · Score: 2, Insightful

      What heavy losses to Microsoft?

    2. Re:Are we still maintaining the polite pretense... by ites · · Score: 3, Insightful

      1. Loss of a potential weapon against Linux, namely the "you stole IP" accusation.

      2. Loss of face. Microsoft paid SCO, SCO turned out to be little better than shakedown artists.

      3. Kudos to the opposition as a "worth opponent". Linux survived and became much stronger.

      Basically, the SCO case sealed Microsoft's fate as the loser in the commoditization of operating systems. Their only remaining defense is software patentability and if that battle fails in Europe, they are, basically, screwed.

      Heavy losses, yes.

      --
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    3. Re:Are we still maintaining the polite pretense... by Anonymous Coward · · Score: 1, Funny

      SCO turned out to be little better than shakedown artists.

      In what way do you think they're better than shakedown artists?

    4. Re:Are we still maintaining the polite pretense... by mattyrobinson69 · · Score: 1

      i wouldn't call it heavy, but:

      microsoft partly funded this with $10M
      linux has got media attention because of this

      also, if novel do still own unix, wouldn't the license ms bought from sco for posix be invalid, therefore novel would have one more thing to use if ms ever go litigation crazy

    5. Re:Are we still maintaining the polite pretense... by ites · · Score: 2, Funny

      SCO kept us amused for years! What stamina and tenacity. Most shakedown artists get tired after a kneecap and a broken finger or two but SCO just go the whole nine yards.

      Also, it was really enjoyable watching SCOX. Sure, all my other stocks went down as well, but when SCOX fell, I knew Microsoft were feeling the pain, and that made everything OK again.

      --
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    6. Re:Are we still maintaining the polite pretense... by DaHat · · Score: 1

      Hardly, even without the "you stole IP" accusation regarding SCO IP, there is still the patent issues which have yet to be examined in much depth. You know, the 283 some patents that are used in the Linux kernel, some of which are owned by Microsoft.

      #2 also is moot as Microsoft did not publicly assist SCO in their campaign, and what money they may have invested (directly or indirectly) is a drop in the bucket to them.

      It amazes me though, you claiming that Microsoft's fate is now sealed. How often do we hear such claims against Microsoft, and yet they keep getting bigger and bigger, making more and more money and expanding into new territories? All the while, we year that 2005 is the year of Linux on the desktop (as apparently was 2004, 2003, 2002, 2001, 2000 and 1999 supposed to be as well).

      Yes, Linux is gaining, but not at the expense of Microsoft as you seem to be hoping. There is such entrenchment with regards to Microsoft products that it is doubtful that any single court case is going to hurt them. Remember the anti-trust conviction? They brushed that off, as they have with many other lost cases, just as they have done with this.

      Funny thing though... you seem to be making the assumption that Microsoft is some evil monolithic company with a single will... I suggest you examine the ecosystem of companies and products that their platform and products have enabled. Yes, a similar ecosystem exists with regards to Linux and OSS, but no where near the same level.

    7. Re:Are we still maintaining the polite pretense... by ites · · Score: 4, Interesting

      This from "ihatelinux.blogspot.com"?

      ROTFL.

      I never said Microsoft were evil or monolithic. Try thinking about what I actually said, not what you imagine are people's criticisms of your company.

      283 patents in the Linux kernel? Possibly. All complex software hits patents. The question is: are any of these patents enforceable, have they a basis that will stand up in court, and can they beat the huge patent portfolios that IBM is now making available to free software developers. Do you see what I'm saying? Each patent attack by Microsoft against Linux risks a volley of counterattacks from IBM against Windows.

      Microsoft's fate is sealed for a simple reason, nothing to do with marketing or opinion. Nothing you say, nothing I say, will change this reason.

      Linux repesents something. A sea change in the way software is made. A radical shift. It's not new in itself but the scale and efficiency has been rising exponentially. It was unstoppable in 1999, even long before that.

      Microsoft will either adopt that way, or they will be buried under it. There is no alternative.

      Think about it. Think about the stacks of CDs containing hundreds of millions of lines of high-quality, working, secure, and useful code. Think about the process that produces this software.

      Now think about the pain Microsoft has to produce comparable software. Where is Longhorn? Delayed again? You think patents are going to fix this?

      Microsoft is like a wealthy man dying of cancer. Money is no substitute for youth and health.

      Actually, it's starting to be sad, seeing people like you "defend" Microsoft when no-one is attacking. There is no hate anymore. We're just watching the old man die, even as he spits and tries to claw at us.

      --
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    8. Re:Are we still maintaining the polite pretense... by Undertaker43017 · · Score: 1

      IMO your view is a little too optimistic. I am by far NOT a MS supporter and would like nothing more than to see their stranglehold on the corporate world broken, but I can't say that I have seen any numbers to support this.

      Sure Longhorn is delayed, but I don't see that affecting MS's bottom line. There are thousands (millions?) of new PC's leaving Dell/HP/IBM everyday that have a MS OS installed on them. The majority of those PC's retain that OS as well, because the vast majority of those are destined for a corporate environment, where like it or not Linux has made almost no impact.

      There is no arguement that, in many aspects, Linux is a far better choice, but better doesn't always win (Beta vs. VHS).

      The key to MS's defeat lies in winning over the corporate world, and taking away that steady stream of "yes men" to anything MS. This is certainly happening in the data center, but on the desktop/enterprise side...

      Patents are great and I certainly agree that MS would be foolish to try another swipe at Linux from the aspect you presented, but IMO, if MS were smart (LONG from a given), they could lay low, lay off the rhetoric of Linux and continue to do what they do best, market, and they would continue to dominate for the forseeable future.

      It's not about who has the best product, it's about who can market it best, and MS has ALWAYS been a better marketing company than a product company.

    9. Re:Are we still maintaining the polite pretense... by megalomang · · Score: 1

      The majority of those PC's retain that OS as well, because the vast majority of those are destined for a corporate environment, where like it or not Linux has made almost no impact.

      Absolutely wrong. I work in a huge semiconductor company. In our engineering environments, we have *many* linux servers per person, and each person has exactly one Windows machine on his desk. I assure you we would not purchase a Windows license for each of those linux servers. Linux has had a profound impact at our company, mostly in the form of huge pools of servers which can run our distributed jobs.

      Granted, Linux has taken share mostly away from other unix platforms. To that extent, Linux occupies a market segment that Microsoft has no prayer of touching. But it also is our preferred S/W development platform of choice for many of the same reasons, so it has impacted MS in those ways.

    10. Re:Are we still maintaining the polite pretense... by Undertaker43017 · · Score: 1

      I don't see how my arguement is wrong. It may be wrong for your company, but your company is an exception, the vast majority of companies that buy PC's run Windows on that machine. Engineering companies, like yours, make up a very small segment of the PC market.

      I also agree completely with your second argument, Linux does take more market share from Unix than it does from MS, becuase again where Linux is making the biggest in roads is in the data center and large processing "farms" (engineering, video production, etc), where MS has historically had the weakest market share, and Unix is historically strong.

    11. Re:Are we still maintaining the polite pretense... by jbolden · · Score: 1

      I've been following the SCO case closely and it has never been obvious to me that Microsoft is involved to this extent. I'm not even sure they are all that happy about it. SCO case was incredibly weak. But the press is dumb. Because not many in the press did any research on SCO's claim and come forward and say "there is no case here" once SCO loses the perception will be that:

      1) Linux copyright / patent claims have been tested in court
      2) The GPL has been tested in court

      That's not good for Microsoft. In reading their materials their understanding of Linux is actually pretty good. Their critique of the GPL is accurate (hostile but accurate). Their understanding of Linux history and culture is accurate (again hostile).

      If they had been involved the innitial filing by SCO wouldn't have been filled so many mistakes.

      So why is it obvious that Microsoft is behind this?

    12. Re:Are we still maintaining the polite pretense... by Anonymous Coward · · Score: 0

      In support of my love of .NET I'm working towards an MCAD (1 test down, 2 to go) and it only reinforces my love of the underlying technology and it's ease of use.

      As yet I have been unable to sway my place of work away from Linux as they are moving towards now and possibly Java in future... my only choice there is to keep up the good fight and show them how much better life can be on the Windows side of life.

      So Microsoft... do you want my soul? It's here for you if you'll take it


      Taken from ihatelinux.blogspot.com..Pretty funny stuff, hes almost begging Microsoft to hire him.

  8. Re:lol @ #buttes by Anonymous Coward · · Score: 0

    Looks like GNAA fails it yet again!

    I guess failing FP is the only accomplishment the GNAA is capable of getting nowadays.

    - Captain Phallusbird

  9. Replace? by Anonymous Coward · · Score: 0, Flamebait

    Linux hasn't replaced Unix.

    1. Re:Replace? by jimicus · · Score: 1

      Yet.

    2. Re:Replace? by UnknowingFool · · Score: 1

      Not yet, but on lower-priced commodity servers running Intel that was the goal. It was to fend off the NT threat.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
  10. The horse is nearly dead.... by Dav3K · · Score: 3, Interesting

    ...but why stop beating it now? Since the conclusion is pretty obvious now, the announcement I am waiting for is the final judgement on the SCO cases.

  11. Linux Kernel Personality (LKP for SCO UNIX) by cyanics · · Score: 5, Interesting

    In the late 90's and early 00's, SCO was messing around with a product called LKP (Linux Kernel Personality) which was a method for allowing system calls from linux applications to the UNIX kernel.

    If SCO was so anti-linux, why would they make a move to incorporate linux into its own product. That step right there discounts any claims they might have regarding linux code source.

    1. Re:Linux Kernel Personality (LKP for SCO UNIX) by justforaday · · Score: 1

      That was the old SCO (Santa Cruz Operation), not the new SCO...

      --
      I'll turn into a supernova and burn up everything. Well I'll turn into a black little hole and you'll turn into string.
    2. Re:Linux Kernel Personality (LKP for SCO UNIX) by drinkypoo · · Score: 1

      More interesting are the allegations that LKP used GPL Linux kernel source code.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    3. Re:Linux Kernel Personality (LKP for SCO UNIX) by Inzkeeper · · Score: 1

      Like the guy said... multiple personalities!

    4. Re:Linux Kernel Personality (LKP for SCO UNIX) by k98sven · · Score: 5, Insightful

      If SCO was so anti-linux, why would they make a move to incorporate linux into its own product. That step right there discounts any claims they might have regarding linux code source.

      No it doesn't. They weren't incorporating Linux code. They were making a compatibility layer so you could run Linux apps; BSD has one too.

      But the main thing is: SCO was not at all anti-linux until Darl McBride entered the game as new CEO after Ransom Love. SCO was a Linux distributor, forchrissakes!
      (And that, however, may invalidate any claims they had on Linux code, since by distributing, they are bound to follow the GPL)

      However in reality they don't have any claims on Linux. Despite what they've been repeatedly telling the press, they haven't claimed in court that Linux infringes on their Unix copyrights. What they claimed in court was that IBM couldn't contribute to Linux since they had a Unix license. (Although the contract seems to indicate otherwise).

      They made some other claims, too, but in reality the SCO-IBM case has very little to do with Linux at all. IBM's counterclaims regarding SCO's public statements and GPL violations are actually the more directly Linux-related things in this whole mess.

    5. Re:Linux Kernel Personality (LKP for SCO UNIX) by WindBourne · · Score: 1
      They weren't incorporating Linux code. They were making a compatibility layer so you could run Linux apps; BSD has one too.

      Actually, it does incorporate Linux code. A number of the developers of it flat out said so. In fact, it may be the ONLY thing that involves linux and/or GPL code in this whole suit.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    6. Re:Linux Kernel Personality (LKP for SCO UNIX) by M1FCJ · · Score: 1

      I'm pretty convinced it does. I had the beta versions tested on my boxes way back then and it was also built on top of Redhat initially, not Caldera Linux (which was more suprising than anything else). If only I kept a copy of the CDs before I left the company (a SCO main distributior in an EMEA country). I was in a hurry to leave the shithead bastards so I couldn't do anything about it. I just handed my notice and the next day I was gone. One of the best decisions I've made in my life. (The worst one was actually joining them, exactly a year before I left the company).

    7. Re:Linux Kernel Personality (LKP for SCO UNIX) by Xtifr · · Score: 1

      "Despite what they've been repeatedly telling the press, they haven't claimed in court that Linux infringes on their Unix copyrights."

      Not exactly true. Remember, tSCOg is involved in several cases. When Red Hat sued them (for, among other things, trade libel), they told that court (Delaware) that the copyright issues with respect to Linux would be sorted out in the Utah case (tSCOg v IBM). However, in the Utah courts, they told the judge that the case doesn't have anything to do with Linux copyrights. Which kind of suggests that they perjured themselves in Delaware, but that case is still on hold....

      There's also the claims they made in the Autozone case in Nevada, which don't jibe with what they've said elsewhere, and none of it matches what they've said to the press....

    8. Re:Linux Kernel Personality (LKP for SCO UNIX) by jbolden · · Score: 1

      However in reality they don't have any claims on Linux. Despite what they've been repeatedly telling the press, they haven't claimed in court that Linux infringes on their Unix copyrights. What they claimed in court was that IBM couldn't contribute to Linux since they had a Unix license. (Although the contract seems to indicate otherwise).

      Actually they did make claims on Linux in their original filing against IBM. The claims were extremely vague however and SCO has gone for an explination of those claims that is odd. The courts are not designed for a plantiff that has no case at all and doesn't even understand its own filings. The judge here isn't going to just dismiss like they would if a poor person had written claims with such nonsense in them. Rather the court is allowing SCO to do a "what we really meant was...". The court has let them do it several times, but their patience has worn thin.

      Had SCO made the claim you made originally it would have been obvious this was a contract dispute and no one on the Linux side would have really cared.

  12. For the clueless, here are some answers... by mr_majestyk · · Score: 0, Troll

    Where is the monetary damage to SCO?

    IBM used the Monterey agreement to get access to SCO's source code so that it could be combined with AIX, resulting in an enterprise-grade environment for the Intel platform. But around the same time, IBM decided that Linux was the future, and allowed the Monterey project to die. Since SCO was counting on licensing revenue from Monterey, it was screwed by IBM's switch to Linux.

    Where is there copyright infringement?

    SCO is claiming that instead of using its code for the Monterey project, IBM siphoned the code over to its Linux development efforts. This violated the terms of their agreement.

    Was SCO fully aware how quickly Linux would develop, that it would replace Unix, or did it take them by surprise?

    What SCO was or was not "fully aware" of at the time is irrelevant...the dispute is about IBM's violation of its contract with SCO.

    The issue is really quite simple. IBM was supposed to use SCO's code to develop Monterey, and instead, they apparently used it to enhance Linux. Everything else being said about this case is just rehashing of religious fervor and procedural issues.

    1. Re:For the clueless, here are some answers... by Anonymous Coward · · Score: 0

      >The issue is really quite simple.

      Can't be that simple, seeing how SCOXE hasn't been able to provide any evidence for their outlandish claims.

      Also, the contracts say that legal matters are to be handled in NY. If SCOXE have a problem, they should take it to NY, not Utah.

    2. Re:For the clueless, here are some answers... by Anonymous Coward · · Score: 0

      SCO is claiming that instead of using its code for the Monterey project, IBM siphoned the code over to its Linux development efforts.

      Which (A) never happened.

      This violated the terms of their agreement.

      (B) is bullshit, and (C) *IS STILL NOT COPYRIGHT INFRINGEMENT*

      Violating a purported "agreement" that you won't do something *WITH YOUR OWN CODE*, IS NOT COPYRIGHT INFRINGEMENT.

      IBM was supposed to use SCO's code to develop Monterey, and instead, they apparently used it to enhance Linux.

      Proof, please.

    3. Re:For the clueless, here are some answers... by mindstrm · · Score: 3, Insightful

      Except there is no evidence at all that IBM used SCO's code to enhance linux, to date there has not been one shred of code that suggests this.

    4. Re:For the clueless, here are some answers... by argent · · Score: 5, Informative

      IBM was supposed to use SCO's code to develop Monterey, and instead, they apparently used it to enhance Linux.

      The word you're looking for is "allegedly", not "apparently". SCO alleges that this happened, but it doesn't appear that their allegations are correct. They have been asked to produce evidence that IBM took the code SCO provided for Monterey and put it in Linux. that's when they started saying IBM put code that IBM had developed but which allegedly (there's that word again) belonged to IBM because of some allegedly viral language in the license for System V. The problem is that IBM has explicit documentation that this is a misreading of the license and Novell who wrote the license backs them up on it.

      The issue is really quite simple. SCO is claiming ownership of any UNIX code developed by any company with a System V source license, whether the software in question was licensed System V code or not.

    5. Re:For the clueless, here are some answers... by LWATCDR · · Score: 4, Insightful

      "The issue is really quite simple. IBM was supposed to use SCO's code to develop Monterey, and instead, they apparently used it to enhance Linux."
      Except they have yet to show a single piece of SCO code that IBM included into Linux. If your statement is true then SCO would not need any source code from IBM to prove their point. They have the source to Linux and the source to Unixware. So as the man said, "show me the code".
      The last time I checked SCO was claiming that SCOs owns code that IBM wrote and that IBM put that code into Linux. Hence the reason that they need the source for AIX.
      I would say your answers are out of date at best.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    6. Re:For the clueless, here are some answers... by wardk · · Score: 2, Funny

      The issue is really quite simple. IBM was supposed to use SCO's code to develop Monterey, and instead, they apparently used it to enhance Linux. Everything else being said about this case is just rehashing of religious fervor and procedural issues.


      Wow, Deja vu. IBM paid MS to code OS/2, and they instead worked on NT. maybe IBM just figured if it worked once...

    7. Re:For the clueless, here are some answers... by Anonymous Coward · · Score: 0

      "Where is there copyright infringement?

      SCO is claiming that instead of using its code for the Monterey project, IBM siphoned the code over to its Linux development efforts. This violated the terms of their agreement."

      Terms of Agreement has nothing to do with Copyright Infringement...unless you're SCO...allegedly

    8. Re:For the clueless, here are some answers... by Anonymous Coward · · Score: 0

      Gee, you really have a way of cutting through the crap!

      Did you even RTFA?

      It's like me letting you drive my car with an understanding that you won't damage it, after which I join you in it and we both go out joyriding. Then, when it gets damaged, I try and place the blame entirely on your shoulders.

      Yeah, legally we may have had a contract, BUT...

    9. Re:For the clueless, here are some answers... by Anonymous Coward · · Score: 0

      Copyright Infringement and Terms of Agreement, whilst similar in legal repercussions if not adhered to, are different concepts entirely. I was merely pointing out that the parent post was replying to a portion of a question in reference to Copyright Infringment with a comment about IBM's alleged misuse and disregard for a previous ToA with SCO.

      If IBM didn't follow the ToA then of course IBM is responsible for their actions. They used Linux as opposed to the UnixWare agreement with SCO so hence it's not a Copyright Infringment but a Terms of Agreement infringement.

      All this I was attempting to portray in a seemingly whimsical response.

    10. Re:For the clueless, here are some answers... by It+doesn't+come+easy · · Score: 1

      Not that SCO has a leg to stand on concerning copyright issues, but SCO is now desperate to amend their complaint once again to say this is a contract dispute with copyright issues, which they feel would allow them to ignore the New York requirement (I assume because copyright violations are a federal issue).

      Another funny thing is (one thing among the thousand funny things in the SCO case), that if SCO managed to convince the court (or jury) that their version of derivative works is the correct version (and thereby gain control over IBM's code), the Monterey contract also has this provision in it:

      2.0 OWNERSHIP AND LICENSES:

      (a) Joint Ownership

      All IBM and SCO jointly created Project Work shall be jointly owned by SCO and IBM, including ownership of associated copyrights or confidential information. Each party shall be free in all respects to exercise or dispose of any or all of its ownership rights in the jointly created Project Work without accounting to the other party.


      So, wouldn't the same interpretation of derivative works mean that IBM would now have control over UNIX Ware, etc., source (assuming SCO is using code developed as part of the Monterey project in their own products as they have the right to do), as well as negate SCO's copyright claim to IBM's AIX and Dynix code at the same time (per SCO's logic, AIX and Dynix would then be a "derivative" of the project Monterey code, which IBM has joint ownership of, and therefore unrestricted ownership rights to their own AIX and Dynix code)? One has to wonder where it all ends...

      Of course, the above conjecture simply points out the ridiculous nature of SCO's definition of derivative works...

      --
      The NSA: The only part of the US government that actually listens.
    11. Re:For the clueless, here are some answers... by It+doesn't+come+easy · · Score: 1

      To add to my own post :)...

      That clause would also mean that IBM would have the right to develop a POWER version...regardless of SCO's definition of derivative works or contract interpretation over SCO code use on processors other than Intel chips...

      --
      The NSA: The only part of the US government that actually listens.
    12. Re:For the clueless, here are some answers... by quarkscat · · Score: 1

      So, to coin MSFT's phrasiology "SCO Group believes that the SVR4 code they licensed from Novell/AT&T is even more "viral" than F/OSS licenses like GPL."

      As MSFT's handmaiden in this battle with IBM over linux, SCO Group should have realized that their release of Caldera code under GPL would taint any suit against IBM. They should also have realized that the AT&T/BSD court battle of 20 years ago cannot be overturned just because they now have MSFT on their side.

      The only marginally possible thing that could happen as an outcome to this SCO Group/IBM battle that could be harmful to linux is for the F/OSS GPL to be ruled invalid. This wouldn't help SCO Group much, but would take the wind out of the sails of all F/OSS efforts based upon anything but BSD. Which is exactly what MSFT would have wanted.

    13. Re:For the clueless, here are some answers... by Anonymous Coward · · Score: 0

      As others have said, SCO hasn't offered the court even poor evidence that any of that happened.

      Another big thing to keep in mind that most people leave out is that Monterey, while cross-platform, was aimed largely at the IA-64 architecture with has nothing to do with SCO's supposed "expertise" with x86.

      And again, for all of SCO's yammering about Monterey, the "misused" code is all IBM-owned code such as JFS and RCU which were developed with ZERO input from SCO. SCO thinks that because IBM ripped out the SYS V UNIX filesystem and replaced it with JFS SCO now magically controls (but doesn't own) JFS.

    14. Re:For the clueless, here are some answers... by Anonymous Coward · · Score: 0
      How the worm churns.

      A contributing factor to the growth and early adaption of Linux was the USL/BSD court battle which put a shadow over BSD in the early 90's.

    15. Re:For the clueless, here are some answers... by mr_majestyk · · Score: 1

      As others have said, SCO hasn't offered the court even poor evidence that any of that happened.

      The trial doesn't start until November, so why should they reveal their evidence now? IANAL, but it makes sense that any litigant would want to wait as long as possible to reveal their evidence, in order to minimize the opportunity for their opposition to attack that evidence, no?

      Another big thing to keep in mind that most people leave out is that Monterey, while cross-platform, was aimed largely at the IA-64 architecture with has nothing to do with SCO's supposed "expertise" with x86.

      IA-64 was designed to couple the x86 architecture with a next-generation VLIW-like design. It turned out that IA-64's x86 binary compatibility would be a joke, but nobody knew that at the time Monterey was being designed. The focus then was on building a smooth upgrade path into Monterey for users of existing x86 applications. SCO was the leading provider of UNIX for the x86 platform, and the deal with IBM had *everything* to do with its x86 expertise.

      JFS and RCU which were developed with ZERO input from SCO.

      Well, we won't know that until we compare that code with SCO's code, will we?

    16. Re:For the clueless, here are some answers... by Anonymous Coward · · Score: 0
      Everything else being said about this case is just rehashing of religious fervor and procedural issues.

      Little procedureal issues like SCOXE defying two court orders to answer the following interrogatory:

      INTERROGATORY NO. 4: For each alleged trade secret and any confidential or proprietary information identified in response to Interrogatory No. 1, Interrogatory No. 4 seeks information regarding each instance in which plaintiff alleges that IBM misappropriated or misused the same. In particular, this interrogatory seeks (a) the date of the alleged misuse or misappropriation; (b) the persons involved; c) the manner of misuse or misappropriation; and (d) the location of any method or code in any IBM product, Linux, open source or the public domain. It's been 2 years and we still haven't seen the inside of Gregory Blepp's briefcase to see what evidence SCOXE has of any wrong doing by IBM...

      Which of your categories do the SCOG press releases and letters sent to major coprorations about the need for Linux licenses fall in:

      1. religious fervor
      2. procedural issues
      Sherlock - I think you need to find better clues.
    17. Re:For the clueless, here are some answers... by LWATCDR · · Score: 1

      "JFS and RCU which were developed with ZERO input from SCO.

      Well, we won't know that until we compare that code with SCO's code, will we?"
      Well since SCO has the source to RCU and JFS they could show us any code that is the same.
      Since SCO never produced a system that used RCU and even admit as much I would say that is a given. JFS was developed under OS/2 and then back ported to AIX. What SCO is claiming is that since RCU and JFS were added to AIX by IBM/Sequent that SCO now owns the code in RCU and JFS. So in this case unless you think that IBM signed over all rights to their code to SCO which Novell the company that wrote the agreement says it not true there is no need to see the code.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    18. Re:For the clueless, here are some answers... by Anonymous Coward · · Score: 0
      The trial doesn't start until November, so why should they reveal their evidence now? IANAL, but it makes sense that any litigant would want to wait as long as possible to reveal their evidence, in order to minimize the opportunity for their opposition to attack that evidence, no? See http://yro.slashdot.org/comments.pl?sid=138981&cid =11630966

      Here's a real clue Sherlock; don't invest long in SCOXE and don't trust anything you hear from them without corroboration.

    19. Re:For the clueless, here are some answers... by Anonymous Coward · · Score: 0

      Got it ;)

    20. Re:For the clueless, here are some answers... by Anonymous Coward · · Score: 0

      The trial doesn't start until November, so why should they reveal their evidence now? IANAL, but it makes sense that any litigant would want to wait as long as possible to reveal their evidence, in order to minimize the opportunity for their opposition to attack that evidence, no?

      Thank you for that wonderful layman definition of bad faith. It sums up the SCO case rather nicely. In lawsuits that have merit, the plaintiff usually lists or summarizes their evidence in the Complaint. In some circumstances, the evidence won't be turned over until discovery, but SCO has so far refused. Meanwhile they have done everything possible to keep extending the discovery deadline. They almost lost the summary judgement motions IBM filed, and the judge indicated that they are likely to lose when IBM refiles.

      IA-64 was designed to couple the x86 architecture with a next-generation VLIW-like design. It turned out that IA-64's x86 binary compatibility would be a joke, but nobody knew that at the time Monterey was being designed. The focus then was on building a smooth upgrade path into Monterey for users of existing x86 applications. SCO was the leading provider of UNIX for the x86 platform, and the deal with IBM had *everything* to do with its x86 expertise.

      So it was SCO's experise in supporting legacy applications on a new architecture (which subsequently has gone nowhere) that was stolen and put into Linux?

      Well, we won't know that until we compare that code with SCO's code, will we?

      We already know that SCO has no code that compares with IBM's code. SCO is trying to twist one sentence of the UNIX license into meaning that IBM code is SCO code. We also know that there is no evidence in the IBM code that any of SCO's theories are true, otherwise they wouldn't be trying so hard to scrape together some evidence from IBM's unreleased revisions.

  13. You give SCO of '98 too much credit by Alexander · · Score: 4, Interesting

    To the best of my ability to recall...

    in 96-97, SCO and HP and Intel were all joined in happy hands developing what was going to become Itanium.

    HP and SCO were going to merge their flavors of UNIX, as well - a move that fell apart (rumor has it) when SCO showed up to the table with something like 1/10th of the developers HP did.

    Remember that it takes a while for Monterey-like deals to be created from a BizDev standpoint, maybe as much as 6-12 months - so it's likely that Monterey came about as a response from SCO's viewpoint as a substitute for the aborted HP collab. (A quick google for Monterey will turn up all sorts of anti-HP language circa 1998). IBM had nothing to lose, AIX was already a poor performer - heck up until 2000 or so the largest Sun reseller was IBM (one of the smartest things IBM did was embrace Linux).

    And knowing SCO circa 1998 - I really doubt they thought of Linux as much more of a fad... a predominant source of income at that point being support contracts and services (NT 4 was the major threat to platform migration away from SCO at the time).

    --
    "oohhh... I didn't know Schopenhauer was a philosopher!" ..."uhhh yeah, he's the one that begins with
    1. Re:You give SCO of '98 too much credit by Anonymous Coward · · Score: 1, Funny

      Shit, a broken boot-loader for a 6502 would've been a threat to 'SCO at the time'.

    2. Re:You give SCO of '98 too much credit by EnronHaliburton2004 · · Score: 1

      I've always felt that the SCO of the 90's is a very different organization then the SCO of today.

      Different officers, different headquarters, different staff. They kept the most of the IP, and spun off a huge chunk of their business into Tarantella. Although, I find SCO's history to be very confusing.

      It's really really sad, because if there was one company in the 90s that had the expertise to really expand in the Linux market, it was SCO. They had so many great ideas back then. Other vendors are only now just releasing those same ideas.

    3. Re:You give SCO of '98 too much credit by M1FCJ · · Score: 1
      Not really. Most of their EMEA people were a) Linux people came to work with them because of a steady salary (I was in this group and I needed the money b) OpenUnix people who knew almost nothing about any modern Unix system. They were constantly amazed with the features of Unixware (which was bought from Novell).

      Their sales pitch were pathetic and especially my boss was a complete dickhead and was joking about "Linux being a toy OS". I tried to explain what was going to happen for months and he would just laugh. I'm pretty glad that he laughed all his way to bankrupcy.

      What (original) SCO had was the marketing channel all the way to the customers which were desperate to move away from OpenUnix. Also assuming that you would be able to train group B of their personnel, they would also have a lot of trained people on the ground when needed.

    4. Re:You give SCO of '98 too much credit by innocent_white_lamb · · Score: 1

      I've always felt that the SCO of the 90's is a very different organization then the SCO of today.

      Yup. Completely different. Not surprising, because it's an enitirely different company that happens to run under the same name.

      They kept the most of the IP, and spun off a huge chunk of their business into Tarantella.


      Actually, no. SCO sold off the tattered remants of their Unix business to a company called Caldera, and then renamed themselves to Tarantella. Subsequently, Caldera renamed themselves to SCO. So, Tarantella is actually "oldSCO", and "SCO" isn't anything other than Caldera after purchasing the "oldSCO"'s Unix business.

      Yes, it's confusing. Read this over twice and you'll get it.

      --
      If you're a zombie and you know it, bite your friend!
    5. Re:You give SCO of '98 too much credit by jbolden · · Score: 1

      SCO in the early 90's was a great company. Even by the mid 90's the ideas and the people were gone. Look at what they faced in say '93. With OS/2 (and later NT) being as good as they were there were good x86 servers systems which were cheap. The x86 hardware just wasn't comparable in quality to what other Unix vendors had. People would not buy a $15k PC which made selling an OS/applications suite for more than that impossible. Worse the other Unix / hardware vendors could make the OS almost free if they wanted. Unix was advancing rapidly and it was going to cost a fortune in R&D to keep up and the whole time they would be fighting limiting hardware. Their niche just simply wasn't going to work out very well.

      If they had 10 years of staying power they might be rich today, but they didn't. They lost faith in x86 just around the time enough of the the hardware limitations for x86 that needed to solved were being solved. But from a business standpoint people still won't pay $15k for a PC, so who knows...?

  14. website by isolenz · · Score: 0

    your article is good, yes. But your website is broken and plainly sucks.

    1. Re:website by Anonymous Coward · · Score: 0

      +1 Informative

    2. Re:website by UlfGabe · · Score: 1

      lol, i cannot believe you went. i am really amazed. ill fix it up for real now,

      all i had was a fucking shitty flash movie up, and it was suppose to link to www.theserver.cis.uoguelph/2100de/mfadock/dupe.htm l but i forgot and put in the old page, default.htm, and its blank now.

      --
      Check journal for info on Anti-TextBook, an idea by me.
    3. Re:website by isolenz · · Score: 0

      well, to tell you the reason why I went is because I knew a really hot chick that went to guelph (I'm from BC), so when I saw uoguelf there, well, I just went because it reminded me of her. (Oh boy does that sound creepy). Anyways, as off topic as this is, I really should end this post.

  15. Cheesy[sic]? by ackthpt · · Score: 1
    Monterey: Sounds cheesy doesnt it

    No, not really.

    I'm working in Monterey, CA and there's not much cheesey about the place. Lots of fish though along Cannery Row.

    --

    A feeling of having made the same mistake before: Deja Foobar
    1. Re:Cheesy[sic]? by Anonymous Coward · · Score: 0

      I love Monterey, any jobs down there?

    2. Re:Cheesy[sic]? by Anonymous Coward · · Score: 0
      I love Monterey, any jobs down there?

      None that pay enough to afford to live anywhere but the most crime infested neighborhood or a long commute away. Those who have money around here usually brought it in with them.

    3. Re:Cheesy[sic]? by Anonymous Coward · · Score: 0

      damn

    4. Re:Cheesy[sic]? by Anonymous Coward · · Score: 0

      Cheesy is the correct spelling...

  16. ROFLMAO! by Anonymous Coward · · Score: 0
    "It's because Linux contains stolen SCO code. "

    That explains why SCO has yet to find a single line of code to back that up. So sez the judge too.

  17. This is complete nonsense, of course by Anonymous Coward · · Score: 1, Informative
    "IBM siphoned the code over to its Linux development efforts. This violated the terms of their agreement. "

    Yes, we all know the SCO party line, but the problem with it is the total lack of evidence two years running. Even the judge was amazed that SCO can't seem to bring up anything to back these claims in court. And when you look at the Project Monterey contract details, you see that SCO hasn't a leg to stand on.

  18. Re: by Anonymous Coward · · Score: 0
    Producer: Now remember everyone, these are real colors we're using, so I want to see goggles everyone.

    McBain: Ahh, my eyes. The goggles do nothing.

  19. Horseshit by Anonymous Coward · · Score: 0

    Lets see the evidence to support your statements.

  20. Actually... by schon · · Score: 3, Informative

    SCO actually launched this case on their own behalf and with some merit?

    Of course not. There was never any merit.

    this was a proxy attack on behalf of Microsoft against its two main enemies, IBM and Linux

    Actually, it started out as a way for SCO executives to bail out a dying company. They threatened IBM with a bogus suit, expecting to be bought out. When they weren't, they shopped it to MS as a way to continue to make IBM's life painful, and for MS to smear Linux.

    Both McBride and Sontag have publically stated this - they were "amazed" that IBM chose to fight, instead of taking the easy way out, and purchasing them.

    1. Re:Actually... by ites · · Score: 2, Insightful

      Perhaps IBM wanted the fight. They have invested considerably in Linux. Winning this battle - which they must have known they would - has made that investment a lot more valuable.

      --
      Sig for sale or rent. One previous user. Inquire within.
    2. Re:Actually... by Peter+Simpson · · Score: 2, Insightful

      Perhaps IBM, decided to crush and utterly destroy a company trying to manipulate them through baseless claims.

      Maybe IBM was even smart enough to realize that tSCOg was hoping to be bought out, and decided *not* to play their little game, even though the financial cost was higher, in order to set an example for others who might think they could try something similar.

      IBM got bit in a similar way, back in the early 90s, when a gentleman by the name of Olaf Soderblom claimed he'd patented Token Ring and extracted a $1M license payment from them. Thanksfully, that networking technology is dead (or should be by now)

    3. Re:Actually... by schon · · Score: 1

      Perhaps IBM wanted the fight.

      I are you implying that IBM set up SCO so that SCO would have something to sue them for? Somehow, I doubt it. And in any case, I have a hard time believing that anyone wants to be sued.

      Winning this battle - which they must have known they would - has made that investment a lot more valuable.

      But it's costing them a lot, and has the potential for damage in the short term (witness the ravings Didiot and Pretenderle.)

      I think that IBM (or any sane company, for that matter) would have prefered to not be sued, and put the money they're spending on the suit into Linux PR.

    4. Re:Actually... by ites · · Score: 1, Interesting

      No, not "set up". Well, maybe not.

      But look... IBM are a big, old, wise, rich company. They certainly have spies deep inside Microsoft. At the very least they knew what was happening and had a strategy in place before the first public announcements from SCO.

      Clearly their strategy was to sit tight, stay calm, provide all documents requested by the courts, and allow SCO to beat themselves into silly putty.

      They could have done so many other things... settled, bought SCO, bribed someone. But they went through this exercise because they knew that their reputation, and that of their adopted protege, Linux, were on trial.

      I'd not put it beyond IBM to have instigated the whole affair from within Microsoft. It just takes one fairly senior manager with a bright idea.

      The technical term is "agent provocateur" and it's an old and effective way of getting the opposition to hurt themselves.

      IBM are... brutal. Have no illusions. They were born from NCR, who's salesmen carried baseball bats to better smash the cash registers of their competitors.

      Happily for us all - except the sad MS astroturfers who lurk here - IBM have decided that their future lies in selling battleships of services floating on a sea of free software.

      If both IBM and Microsoft held the same viewpoint wrt to free software, the future for Linux would not be rosy today.

      --
      Sig for sale or rent. One previous user. Inquire within.
    5. Re:Actually... by rumblin'rabbit · · Score: 1
      I doubt SCO ever wanted to go to court. They probably expected a big payout from IBM and other deep pockets to make them go away.

      I am not amazed that IBM fought them. It's to IBM's advantage that they deal with extortionists ruthlessly, as a warning to others.

      But even so, SCO's ploy worked. The went from a penny stock (below 50 cents) to about $20 at one point. Any shareholder who sold at the right time made out like a bandit.

      So far as Microsoft backing SCO, I don't see any evidence of it until BayStar got into it, which was well after things got rolling. Even then, Microsoft would be taking a huge risk. They have the Justice Dept. watching them like a hawk for uncompetitive behaviour.

    6. Re:Actually... by mav[LAG] · · Score: 1

      This outstanding post by rimbo a few weeks back explains why IBM wanted the fight and how it went about it.

      --
      --- Hot Shot City is particularly good.
    7. Re:Actually... by Anonymous Coward · · Score: 0
      I am not amazed that IBM fought them. It's to IBM's advantage that they deal with extortionists ruthlessly, as a warning to others.
      Rumours are that SCO's funds may run out prior to the conclusion of the court-case. It would be cool if IBM gave them some money to keep them afloat - kind of like dragging your opponent back on to his feet so you can administer a killing blow! :)
    8. Re:Actually... by Anonymous Coward · · Score: 0

      Wow! That was... surreal.

      I'm guessing your tinfoil hat is a little too tight.

    9. Re:Actually... by innerweb · · Score: 1
      Hmm.. Are you familiar with the Internet? Writing websites is the same economy as IBM's (or RedHat, Novell, etc) linux. HTML, XML, Java, Javascript, etc cost nothing to use. Yet, there is a billion dollar industry based on providing services for these *languages*. Think hardware, consulting, design, and other paid for services.

      It is a sea of free softwares with services being the profit. There is already a model in place for companies to contribute smaller amounts of cash (and pooling it) to have custom features developed for linux. Do you see IBM passing that up? How many people make a living consulting on linux, supporting it, writing applications for it? Do you see IBM and others passing those service incomes up? I do not pass them up.

      The system works. It will work better as it matures. There will be efforts to *steal* linux for private use by unethical companies. There will be supporters to fight that. Linux (or whatever the OS is at the time) will always be being developed, improved because people can (same reason so many people jump out of airplanes, climb mountains, start businesses, ...). The only danger I see on the horizon today is software patents being allowed to kill the free interchange of ideas in software design.

      InnerWeb

      --
      Freud might say that Intelligent Design is religion's ID.
  21. Wrong, my friend by Urusai · · Score: 2, Funny
    There is a line of SCO code in the Linux kernel, which is clearly in violation. I reproduce it here at risk to life and limb:
    }
    Case closed.
    1. Re:Wrong, my friend by ssj_195 · · Score: 1
      Surely that should be "brace closed"...?

      (ducks)

  22. Not a rational actor by Elwood+P+Dowd · · Score: 2, Insightful

    The people who are now in charge of SCO saw that their business was failing. Their only workable solution was to get bought out and quickly. They looked at all their existing contracts and decided that they could tilt at IBM and get some attention.

    This is completely unrelated to their expectations in the Monterey project, when different people were running the company with different goals.

    --

    There are no trails. There are no trees out here.
  23. Correct a typo... s/IBM/SCO/ by argent · · Score: 1

    I wrote: ...code that IBM had developed but which allegedly (there's that word again) belonged to IBM because of ....

    Obviously that should have been: ...code that IBM had developed but which allegedly (there's that word again) belonged to SCO because of ....

  24. Some more ammo for PJ by btarval · · Score: 5, Informative
    SCO's statment according to The Fine Article:

    "Unlike IBM, virtually none of these (Linux) software developers and hobbyists had access to enterprise-scale equipment and testing facilities for Linux development."

    This was back in 2001.

    Pardon me, but this is blatent nonsense. SGI had a significant push to put Linux on the Itanium Processor back in 2001. I don't believe that it was announced publically then, but it was a significant effort, and the NUMA stuff resulted from it (among other things). This is definitely Enterprise-class equipment, well beyond the price range for your average "hobbyist". And needless to say, this required Enterprise-class testing. I speak from direct experience, as I was involved with the project.

    So this statement alone is blatently false, and here's some more ammo for PJ to shoot down SCO's claims.

    Heck, 64-bit Linux appeared on Sun's 64-bit SPARC machines before SunSoft had completed it's 64-bitization efforts as well. This was back in the Solaris 2.7 timeframe, around 1998, IIRC. Most people would consider the 64-bit SPARCs to be Enterprise level as well.

    --
    The best way to predict the future is to create it. - Peter Drucker.
    1. Re:Some more ammo for PJ by jbolden · · Score: 1

      Alan Cox has agreed with SCO that the core Linux team didn't have the experience to do this work by themselves in the mid 90's. A Linux distribution by the name of Caldera helped a lot and and provided the enterprise class hardware for guys like Cox. Oh and BTW this was before IBM had any involvement at all.

      Can't wait till they IBM gets to put him on the stand. "Yes I wrote that code...."

    2. Re:Some more ammo for PJ by btarval · · Score: 1

      Yes, that's true of the core Linux team in the mid-90's. But what SCO is trying to allege is false; namely, it was mostly due to IBM's entrance into the Linux world that got Linux onto Enterprise class hardware.

      That's just blatantly false, and can be backed up by hard evidence.

      Clearly there were other efforts at the same time, and well before, IBM entered the arena.

      --
      The best way to predict the future is to create it. - Peter Drucker.
    3. Re:Some more ammo for PJ by jbolden · · Score: 1

      I think you are missing the joke here. SCO was alleging must have had outside help (IBM). The guy who wrote the majority of the code and led the others on the the team agrees they had outside the outside help is SCO (i.e. Caldera bought SCO). So in other words IBM is going to able to provide evidence that not only didn't they do what SCO alleges they did but the part who did it was in fact SCO!

    4. Re:Some more ammo for PJ by btarval · · Score: 1

      Heh.

      You're right; I had forgotten about the Caldera-SCO relationship. Thanks for making that clear!

      --
      The best way to predict the future is to create it. - Peter Drucker.
  25. Here's a thought for ya. by Anonymous Coward · · Score: 0

    If SCO/Caldera played it nice and continued on the UNIX+Linux developments, even if they could not be profitable doing it, IBM probably would have bought them out just to speed up development. Or maybe Novell would have bought Caldera instead of SuSE? Now they ruined their chances and no one wants to even talk to them. McBride, look what being greedy has done to you.

  26. since when did linux replace unix? by chrismg2003 · · Score: 0, Troll

    about 80% of all major internet servers run on freebsd, and hopefully everyone knows that FreeBSD is unix :). just seems an unfair statement to me.

    --

    Red Hat is for people who hate Windows, FreeBSD is for people who love Unix.

    www.putertech.net

  27. Monterey Cheesy? by Vancouverite · · Score: 0, Redundant

    If you think Monterey is cheesy, you don't know Jack.

    --
    We are the Music Makers, and We are the Dreamers of Dreams...
  28. Linux? by Intron · · Score: 1

    I would be interested in seeing something in print from IBM about Monterey being a stepping stone to Linux. The material I have states that it is a planned common UNIX for Power, IA-32 and IA-64 processors. Also nothing about Linux in the press release linked from the Groklaw article. Monterey was more to get AIX back into the mainstream then anything else. I have never heard any plan to "phase out" or transition AIX to Linux. They are both running on IBM systems quite happily now.

    --
    Intron: the portion of DNA which expresses nothing useful.
  29. Re: Power? Electricity? Monterey by digitalchinky · · Score: 2, Insightful

    At least SCO knew about IBM using SVR4 on POWER, I never could get caldera running on anything so esoteric as electricity though. I had to read through the cheap book supplied in the boxed set, then barely get it running with my own human generated bio-chemical and electrical imagination unit.

  30. 2004, 2003, 2002, 2001, 2000, and 1999... by Anonymous Coward · · Score: 0

    Said the man falling off the building:

    "tenth floor... so far so good"
    "fifth floor... so far so good..."

    Hehe. It's not the past that kills you, it's the future, dude.

  31. Re:HI ALLZ!! by Anonymous Coward · · Score: 0

    ...and I for one welcome our cretinous Overlord.

  32. Cheesy? by Anonymous Coward · · Score: 0

    Monterey doesn't sound cheesy, Jack...

  33. "Server division": a nitpick by fm6 · · Score: 1
    ...just days after Caldera purchased the Old SCO server division...
    Excuse a really trivial nitpick, but Caldera didn't buy the "SCO Server Division". (If there ever was such a thing.) What they bought was most of the assets of Santa Cruz Operation, including the name. The only things held back were the company itself, and the Tarantella terminal server product, which became the sole product (and the new name) of the original SCO.

    As far as I can tell, the UnixWare product that SCO still sells is pretty much the same product that the old Santa Cruz Operation used to sell, both as a server and desktop OS. The fact that they position it purely as a server product is purely a marketting decision.

  34. like I said before by Anonymous Coward · · Score: 0

    This isnt about SCO in 2001. SCO in 2001 was run by people with intelligence.
    Late '01 or '02 (I forget which)
    Enter Darl McBride, a man who is where he is through wild accusations and lawsuits.
    Then this shit starts.

    Now, do the math.

  35. This just in by lheal · · Score: 1

    The people responsible for the earlier timelines have been sacked.

    --
    Raise your children as if you were teaching them to raise your grandchildren, because you are.
    1. Re:This just in by Anonymous Coward · · Score: 0

      The people responsible for the sacking of the people who posted timelines...have just been sacked ;-)

  36. OK, it's time to come clean about SCO by couch_warrior · · Score: 2, Funny

    Al right, enough already. This SCO suit has become so absurd that no one is buying it anymore. It's time to drop the act, and admit the truth.
    The whole SCO fiasco was just an attempt to cover up the true origins of Linux. If we could create the rumor that Linux was a pirated version of AT&T UNIX, then we wouldn't have to admit that it was really reverse engineered from the computers aboard alien spacecraft under study by project BlueBook in Area 51 of the Nellis Airforce base in Groome Lake, NV.
    So there, now the secret is out!
    Wait, who are those men in black suits on my front lawn? Wait, stop, what does that thing do?
    ****FLASH***** ... so as I was saying, Linux is clearly a pirated version of SCO UNIX....

    --
    "Sic Semper Path of Least Resistance"
  37. [OT] Weird goat.cx troll guy by Anonymous Coward · · Score: 0

    Can't we just get some code to automatically shitlist IPs that post links to goat.cx?

    Btw, troll, goat.cx is down. Has been for a while.

  38. The "Assets" included employees of Old SCO. by NZheretic · · Score: 1

    Many employees, such as Jun U Nakajima, were transfered from SCO to Caldera. So Caldera effectively did purchase the Old SCO server division.