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The Courts Government News

OSI vs SCO 655

the jackol writes "As expected, the OSI's just given the SCO vs IBM case a bite with this position paper. "SCO has never owned the UNIX trademark. IBM neither requested nor required SCO's permission to call their AIX offering a Unix. That decision lies not with the accidental owner of the historical Bell Labs source code, but with the Open Group.""
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OSI vs SCO

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  • Wow (Score:5, Funny)

    by gazbo ( 517111 ) on Tuesday May 20, 2003 @08:25AM (#5997695)
    OSI is ISO backwards. Conspiracy.
  • by Anonymous Coward on Tuesday May 20, 2003 @08:26AM (#5997706)


    Someone actually used AIX?!

  • by anarxia ( 651289 ) on Tuesday May 20, 2003 @08:30AM (#5997723)
    No, IBM always bundled Windows with their mainframes.
  • by Anonymous Coward on Tuesday May 20, 2003 @08:31AM (#5997730)
    Could you please troll in an open format such as Ogg?

    Real for Linux sucks balls.
  • by sparkes ( 125299 ) on Tuesday May 20, 2003 @08:31AM (#5997731) Homepage Journal
    "Thus, the community of Unix hackers that had grown up around the pre-commercial releases never lost the conviction that, ethically, the Unix code belonged to them -- the people who had the ideas and wrote the code -- regardless of what the legal paperwork said."

    As the torch bearers of these hackers I claim ethical ownership of Unix for the Linux and BSD communities ;-)

    sparkes

  • by bwalling ( 195998 ) on Tuesday May 20, 2003 @08:37AM (#5997756) Homepage
    mysterical

    Root words are mystery and hysterical?
  • by BJZQ8 ( 644168 ) on Tuesday May 20, 2003 @08:38AM (#5997762) Homepage Journal
    OSI Papers notwithstanding, all it takes is a tipply judge to cause a lot of headaches for everyone from RedHat to Yellow Dog. In any case, Microsoft wins. Their line...go with the smart, non-litigated choice...Windows XP. Now with Software Assurance!
  • Re:Wow (Score:2, Funny)

    by Anonymous Coward on Tuesday May 20, 2003 @08:39AM (#5997768)
    When I first read the headline, I thought of the ISO OSI network model. Then I clicked on the link to find out it's about Open Source Initiative, not Open Systems Interconnect.
  • by Daniel Boisvert ( 143499 ) on Tuesday May 20, 2003 @08:46AM (#5997817)
    Well, maybe the lost sales occurred because the IBM engineers used cut and paste instead of copy and paste. That would also explain why UnixWare seems to be missing all of these enterprise-grade features everybody's talking about... =P

  • by 91degrees ( 207121 ) on Tuesday May 20, 2003 @08:47AM (#5997825) Journal
    That is a fantastic summary.

    To think, I wasted 10 minutes reading OSI's full document.
  • Re:Wow (Score:5, Funny)

    by stonebeat.org ( 562495 ) on Tuesday May 20, 2003 @08:52AM (#5997849) Homepage
    no it is just backward compliance :)
  • Re:So... (Score:2, Funny)

    by femto ( 459605 ) on Tuesday May 20, 2003 @09:09AM (#5997917) Homepage
    > Even if Linux was to suffer from this ridiculous law suit, there is always [Free|Net|Open]BSD

    And if all else fails, there is always the HURD [gnu.org]... :-) (seriously!)

  • by KingRamsis ( 595828 ) <{moc.liamg} {ta} {sismargnik}> on Tuesday May 20, 2003 @09:13AM (#5997934)
    I beg to differ as a corporate lawyer specialized in IP laws I think you mom sucks real hard.

    now mr.trollboy go play somewhere else.
  • Re:So? (Score:5, Funny)

    by Lumpy ( 12016 ) on Tuesday May 20, 2003 @09:15AM (#5997947) Homepage
    Also, no, I didn't read the article.

    This explains alot... are you in management?

  • by Anonymous Coward on Tuesday May 20, 2003 @09:29AM (#5998026)
    non litigated you say?

    wasnt there a big ass criminal trial a year ago?
  • by Sherloqq ( 577391 ) on Tuesday May 20, 2003 @09:49AM (#5998127)
    Heh, mine were:

    SCO's complaint is factually defective in that it implies claims about SCO's business and technical capabilities that are untrue. It is, indeed, very cleverly crafted to deceive a reader without intimate knowledge of the technology and history of Unix; it gives false impressions by both the suppression of relevant facts, the ambiguous suggestion of falsehoods, and in a few instances by outright lying.

    Ouch. 'Dem are some strong words!

    Their strength has been in franchise operations including McDonalds, Burger King, and Pizza Hut, which involve lots of parallel small deployments with no individual site requiring enterprise technology. [...] SCO's claim to own the scalability techniques certainly cannot be supported from the feature list of its own SCO OpenServer

    So, SCO Unix is the equivalent of a McDonalds' hamburger? Mmmmm... tasty... Would you like a SCO media kit with that?

    Examination of SCO's 10Ks reveals that, even were we to assume that every dime of their revenue came from the enterprise market, their 2002 share could not have exceeded 3.1% [5] This is at the level of statistical noise.

    Bur-r-r-r-rned!!!

    During the USL/Novell vs. BSD court case, it was determined that only three files out of eighteen thousand in the distribution were found to be the licit property of Novell and removed. I wonder how many will be found in Linux. ...SCO made the "ancient Unix" Version 7 source code available for free[13], which rather disposes of the theory that the original Unix code had any residual IP value in the marketplace of today. They belatedly terminated this offering on May 19th 2003, apparently realizing how badly it damaged their trade-secret claims.

    Uhh... can you say "too late now"?

    I think I've had enough already.
  • by Anonymous Coward on Tuesday May 20, 2003 @09:54AM (#5998155)
    After weeks of investigation, I have found several occurances of stolen code in Linux kernel. Here is one example:

    in AIX:
    if (a == NULL)
    {
    b = 1;
    }
    and in Linux:
    if (x == NULL)
    {
    y = 1;
    }
    The names of the variables were changed, but that didn't fool my eagle's eye.
  • by linuxislandsucks ( 461335 ) on Tuesday May 20, 2003 @09:55AM (#5998160) Homepage Journal
    maybe they should have started with OSI so they could get their facts right!

  • by moehoward ( 668736 ) on Tuesday May 20, 2003 @10:25AM (#5998358)
    I agree with your paranoia comments. I'd mod me down if I could.

    I'd still look for connections down the road. MS sure capitulated to SCO mighty fast. But, don't discount Gates' respect for Unix/Linux either.

    But after doing a painfully difficult 1 minute search on Google, I'd say SCO is looking more and more like a Rambus. The lawyers are calling the shots. I see their gripes with MS.

    I'll start working on an Illuminati and Free Masons angle. That will be much more diffiulct to call paranoia because we all know they run the world anyway.
  • by jefu ( 53450 ) on Tuesday May 20, 2003 @11:25AM (#5998772) Homepage Journal
    IP is PI backwards.

    So we know (for a change) how the IP story ends :
    ...95141.3
    But now I'm confused about how that story starts. Any clues?

  • by llywrch ( 9023 ) on Tuesday May 20, 2003 @12:06PM (#5999053) Homepage Journal
    Sheesh, if you're going to try for a laugh using one of the more well-known trolls on /., make more of an effort. Throw in something about how many users of SCO there are vs. posts on Usenet. (Although I'd say the number of posts concerning SCO probably has gone up in the last few months, while the number of SCO sites continue to decline.) Compare Darl MacBride to Theo de Raadt -- unless you're afraid de Raadt might take offense & hurt you.

    If you're going to start something, finish the job. Or just lurk quietly over there & pour hot grits over yourself.

    Geoff
  • SCO doesn't have anything Microsoft wants except a chance to put doubt in the minds of managers and CEOs about FoOSS. Microsoft can best exploit this by giving SCO money, standing back, and watching the fireworks. In fact, it's much like handing a child a pack of M80s, assuming you're a heartless treacherous bastard - Remember we're talking about Microsoft here. Maybe the child will blow up your enemy (Linux) with the M80s, maybe he'll just blow his hand off, but either way, it's fun to watch.
  • by Anonymous Coward on Tuesday May 20, 2003 @02:01PM (#5999860)
    As an attorney interested in legla matters related to the software industry, I am followwing this case closely as well, and my legal opinion is of the contrary. After careful ponderance of the evidence presented so far by both sides, it seems that the judge is leaning heavily in favor of granting all further rights to nVidia. This will leave the OSI in a lurch as it has pending preprocessed propietary patents in proper due to come up with SGI in 2004. This will leave the GNU scrambling to find new sources for OT... SCO had better purchase PanIP, a far more experienced enterprise class litigator, or shut up shop.
  • by Anonymous Coward on Tuesday May 20, 2003 @02:17PM (#5999963)
    Did you just teleneted in as root??

    Its not only your OS that is outdated :)

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