We must act now....
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There is a possibility that one or more Linux developers got some code from UNIX system V. I think so because not all the programmers are familiar with the copyright law. You see, there is a general belief the patents expire, and that is true, but the copyrights will NOT expire in our lifetime. It is theoretically possible that one particular developer saw the copyright notice on a 25 years old piece of UNIX code so he might think that copyright expired. I do agree there is just a small chance, but it is possible.
Many people ask why SCO do not reveals the code in question. That is because they do not want that code to be removed at this time. Some of us said they will have to show the code in the court anyway and after that the code would be replaced very fast. That is a possible scenario... but what if it will be to late ? I will explain...
I believe the most serious claim is that Linux is an illegal derivative of UNIX. It looks strange to us but I think there is a chance to convince a judge/jury. If some of THEIR code was copied in the key parts of the kernel, let say I/O or TCP stack, and they will show the kernel do not work without that code they have a case... saying that Linux is an illegal derivative of UNIX.
Yes, it is true they may have only few hundreds of lines of UNIX system V in the Linux kernel and the kernel has more than 3 million of lines, but if they show they are in the key parts of the kernel they may convince a judge/jury they own the copyrights for central parts of the kernel and Linux exist just because of their code.
Secondly, IT DOES NOT really matter who owns the UNIX System V copyrights. Even if the owner is our friend now it might turn against us in the future.
We can not simply assume this is going to end like AT&T vs. BSDI because we can not take the risk... they have nothing to lose, but we have.
I think we must act now... I think we have to start auditing the code and to try to find out ANY proprietary code in the kernel before the trial. I do know some may certainly believe that is irrelevant because we do not have their source tree commit dates and the code may be ours anyway. That is certainly right, but I still think we have to try.. at least we will see how many similarities we have and since we know who wrote almost any part of our code we probably clarify most of it.
We will not be able to trace the code which is "trade secret" (developed by IBM and SCO) so some of us will think this is useless. Maybe.. maybe not... because it is not the same think to have 20 lines or 200 lines of proprietary code in the kernel.
I DO NOT want to say they have a case but we have to put the worst things first...
So, who wants to help please write to spaniard@softhome.net to discuss modus operandi.
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There is a possibility that one or more Linux developers got some code from UNIX system V. I think so because not all the programmers are familiar with the copyright law. You see, there is a general belief the patents expire, and that is true, but the copyrights will NOT expire in our lifetime. It is theoretically possible that one particular developer saw the copyright notice on a 25 years old piece of UNIX code so he might think that copyright expired. I do agree there is just a small chance, but it is possible.
Many people ask why SCO do not reveals the code in question. That is because they do not want that code to be removed at this time. Some of us said they will have to show the code in the court anyway and after that the code would be replaced very fast. That is a possible scenario... but what if it will be to late ? I will explain...
I believe the most serious claim is that Linux is an illegal derivative of UNIX. It looks strange to us but I think there is a chance to convince a judge/jury. If some of THEIR code was copied in the key parts of the kernel, let say I/O or TCP stack, and they will show the kernel do not work without that code they have a case... saying that Linux is an illegal derivative of UNIX.
Yes, it is true they may have only few hundreds of lines of UNIX system V in the Linux kernel and the kernel has more than 3 million of lines, but if they show they are in the key parts of the kernel they may convince a judge/jury they own the copyrights for central parts of the kernel and Linux exist just because of their code.
Secondly, IT DOES NOT really matter who owns the UNIX System V copyrights. Even if the owner is our friend now it might turn against us in the future.
We can not simply assume this is going to end like AT&T vs. BSDI because we can not take the risk... they have nothing to lose, but we have.
I think we must act now... I think we have to start auditing the code and to try to find out ANY proprietary code in the kernel before the trial. I do know some may certainly believe that is irrelevant because we do not have their source tree commit dates and the code may be ours anyway. That is certainly right, but I still think we have to try.. at least we will see how many similarities we have and since we know who wrote almost any part of our code we probably clarify most of it.
We will not be able to trace the code which is "trade secret" (developed by IBM and SCO) so some of us will think this is useless. Maybe.. maybe not... because it is not the same think to have 20 lines or 200 lines of proprietary code in the kernel.
I DO NOT want to say they have a case but we have to put the worst things first...
So, who wants to help please write to spaniard@softhome.net to discuss modus operandi.