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Linux Kernel Code May Have Been in SCO UnixWare

Posted by timothy on from the hard-to-say-sonny-hard-to-say dept.

Random BedHead Ed writes "Groklaw has some interesting new information online. In an entry today, PJ has posted the Deposition of Erik W. Hughes (PDF), a SCO employee. Hughes' 2004 testimony reveals that the Linux Kernel Personality (LKP) of UnixWare somehow used kernel code. Exactly how it was used is not clear. UnixWare was released under a proprietary license, but the General Public License under which Linux is distributed requires derivative works to use the same license. As PJ says, it's "now apparent why SCO tried to say the GPL is unconstitutional" back in 2003."

34 of 455 comments (clear)

  1. Thanks. by unixbugs · · Score: 5, Funny

    A big up yours to whoever modded me down for stating that I've suspected stuff like this for a while from them.

    --
    You are about to give someone a piece of your mind, something which you can ill afford...
    1. Re:Thanks. by Anonymous Coward · · Score: 2, Funny

      Where the fuck is my flying car? They promised me flying cars by this date in time.

  2. how long ago? by cbelle13013 · · Score: 4, Funny

    2004 is so last year.

    1. Re:how long ago? by cbelle13013 · · Score: 1, Funny

      oh come on mods, that wasn't trolling.

  3. Move along by kalla · · Score: 4, Funny

    Obi-Wan: This is not the code you're looking for.

    1. Re:Move along by Guy+LeDouche · · Score: 5, Funny

      Sorry, somehow his text got truncated during the submission. "SCObi-Wan" is the full name.

    2. Re:Move along by paranode · · Score: 2, Funny

      I know. Somehow... I've always known.

    3. Re:Move along by finelinebob · · Score: 2, Funny


      Darl: I am your father, Linus!

    4. Re:Move along by ettlz · · Score: 3, Funny

      Ackbar. It's a (kernel) trap!

  4. Oooooh the juicy irony..... by tekiegreg · · Score: 4, Funny

    GPL code in UnixWare...SCO forced to either pay damages or open source the Kernel. Something I never thought I'd see.

    --
    ...in bed
    1. Re:Oooooh the juicy irony..... by axonal · · Score: 2, Funny

      GPL code in UnixWare...SCO forced to either pay damages or open source the Kernel. Something I never thought I'd see.
      --
      ...in bed

      Something I never thought I'd see in bed either.

    2. Re:Oooooh the juicy irony..... by Anonymous Coward · · Score: 5, Funny

      Just announced: Linus Torvalds demands $699 from Darl McBride

    3. Re:Oooooh the juicy irony..... by TheDauthi · · Score: 2, Funny

      For every copy of SCO Unixware! A total of... $699!

  5. ALL YOUR CODE IS BELONG TO US! by Bobzibub · · Score: 4, Funny

    Take no prisoners.
    Do not negotiate.
    Sue their asses.
    Come on FSF!!!!!
    -b

    1. Re:ALL YOUR CODE IS BELONG TO US! by Mr.+Underbridge · · Score: 4, Funny
      Well it gave me warm fuzzies for about 15 seconds.

      Why? Putting Stallman on the stand is about the only way to fuck the case up.

  6. Re:Wait . . wait . . what? by themoodykid · · Score: 5, Funny

    "You've got UnixWare in my Linux!"

    "And you've got Linux in my UnixWare!"

    "AAAAAAaaaaaaaaaaaaaaaaaahhhhhhhh!!!!!!!"

  7. Re:confidential by Anonymous Coward · · Score: 4, Funny

    Main Entry: confidential
    Pronunciation: "kän-f&-'den(t)-sh&l
    Function: adjective
    1 : marked by intimacy or willingness to confide
    2 : PRIVATE, SECRET
    3 : entrusted with confidences
    4 : containing information whose unauthorized disclosure could be prejudicial to the national interest -- compare SECRET, TOP SECRET
    - confidentiality /-"den(t)-shE-'a-l&-tE/ noun
    - confidentially /-'den(t)-sh(&-)lE/ adverb

  8. Re:Wait . . wait . . what? by Anonymous Coward · · Score: 5, Funny

    I beleive the exact code they cited as stolen was:
    return 0;

  9. Re:Not to be cynical... by tigershark97 · · Score: 1, Funny

    The dumbest part is that they probably could've used BSD code (eg FreeBSD's Linux emulation layer) and done it legally.
    Yes, but we all know, BSD is dying. Better to use Linux code.

  10. So THAT'S what SCO stands for! by Anonymous Coward · · Score: 4, Funny

    SCO = SO COMPLETELY OWNED!

  11. Re:Sorry by Anonymous Coward · · Score: 5, Funny

    A big up yours to whoever modded me down for stating that I've suspected stuff like this for a while from them.

    We'd like to give a big "Sorry" to everyone who is reading this! We ran out of mod points.

    -Sco Legal Team

  12. Isn't this what SCO was saying all along? by Khashishi · · Score: 4, Funny

    Now they can claim that Linux contains Unix code.

  13. Well, well well well well! by Junior+J.+Junior+III · · Score: 3, Funny

    Well well well well well!
    Well well well well well!

    WELL WELL WELL WELL WELL!!!

    Look what we have here!

    It's enough fodder to feed an ARMY of trolls!

    The land of Grocklaw is sure to be overrun with the vermin.

    --
    You see? You see? Your stupid minds! Stupid! Stupid!
  14. "Long-hair smelly's" by Pete · · Score: 4, Funny
    Page 14 of the PDF, pages 83-84 of transcript:
    Q: I'd like to direct your attention to the bottom email. Quote, "Reading some of the comments on the internet, the long-hair smelly's (sic) are indicating we have not turned off our Linux downloads?" Close quote.

    Who are the long-hair smellies?

    A: That's a common stereotypical name of computer geeks.

    "Long-hair smelly's"

    Ye fucking gods. :-)

    1. Re:"Long-hair smelly's" by chris_mahan · · Score: 3, Funny

      uh, that would be us... Well, you really. with your 2228 uid...

      --

      "Piter, too, is dead."

    2. Re:"Long-hair smelly's" by Pete · · Score: 3, Funny
      Note this subthread in the Groklaw comments - all hail the newly founded League of Long-Haired Smellies.

      All computer geeks may join, and you can define your own rank. And: "please note that as we are Smellies, you are allowed to be *very* rank." :-)

  15. Re:Bad moves now haunting SCO by rah1420 · · Score: 2, Funny

    the best defense being a good offense
    Like going all in with a pair of deuces in a high stakes game of Texas Hold'em. LOL.

    --
    Mit der Dummheit kämpfen Götter selbst vergebens.
  16. UnixWare Licenses by Khashishi · · Score: 3, Funny

    Many customers are concerned about using UnixWare since they have become aware of the allegations that UnixWare is an unauthorized derivative work of the Linux® operating system.

    End user customers who purchase a UnixWare IP license will not be in violation of Lot's of Mofos' intellectual property ownership or rights by using a binary distribution of UnixWare.

    Warning! Individual users of UnixWare may be found liable for damages for copyright infringement of intellectual property owned by the Linux developers.

    Purchase your UnixWare license today! (starting at $699)

  17. Re:There's nothing new... by HotNeedleOfInquiry · · Score: 2, Funny

    Fascist

    --
    "Eve of Destruction", it's not just for old hippies anymore...
  18. Re:Short SCO Stock!!! by xsspd2004 · · Score: 2, Funny

    Thanks for linking my home page... Hey, wait a.......

    --
    This is not an illusion, a rip-off, or a ninja technique!
  19. wait one frikkin minute ..... by spir0 · · Score: 4, Funny

    You're trying to tell me that they purposely put Linux code into UnixWare and they still couldn't prove that there was similar code in each source tree?

    Now that's the sort of thing that investors need to know about:

    Dear SCO investors,

    You are investing large amounts of money in a company which;

    a) Fraudulently attack large communities of developers/end users/commercial vendors

    b) Fraudulently claim that aforementioned communities stole your source code and injected it into their software

    c) Couldn't prove any instances of said instances of stolen code

    d) Ironically stole the code from those they attacked

    e) STILL couldn't prove that there was any stolen code even though they knew where it was because they put it there

    You're investing in idiots who have proven they can't even find their own arses (asses for Americans).

    How do you feel?

    --
    The reason girls and Windows users don't understand UNIX is because all the documentation is in Man files.
  20. Re:Bad moves now haunting SCO by flatface · · Score: 2, Funny

    Or a 6 and a pair of 9s.

  21. Mod points cost less by halleluja · · Score: 5, Funny
    We'd like to give a big "Sorry" to everyone who is reading this! We ran out of mod points. -Sco Legal Team
    We currently offer high-tech mod points for the price of $599 each. I believe SCO mod points outshine Slashdot points on a number of fronts:
    • SCO Points cost less;Customers pay once for the mod points and have them for as long as they like. Is Slashdot really free? Of course not.
    • etc...
    -Darl McBride
    1. Re:Mod points cost less by Master+of+Transhuman · · Score: 4, Funny


      Ahem, I own the patent on mod points, whether they are /., Amazon, Microsoft or otherwise.

      My law firm will contact Boies in the morning.

      --
      Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!