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IBM Caldera Government The Courts News

SCO Tells Courts What IBM Did Wrong 389

linumax writes "It took more than two and a half years, but the SCO Group finally has disclosed a list of areas it believes IBM violated its Unix contract, allegedly by moving proprietary Unix technology into open-source Linux. In a five-page document filed Friday, SCO attorneys say they identify 217 areas in which it believes IBM or Sequent, a Unix server company IBM acquired, violated contracts under which SCO and its predecessors licensed the Unix operating system. However, the curious won't be able to see for themselves the details of SCO's claims: The full list of alleged abuses were filed in a separate document under court seal. The Lindon, Utah-based company did provide some information about what it believes IBM moved improperly to Linux, though."
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SCO Tells Courts What IBM Did Wrong

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  • The hell? (Score:5, Insightful)

    by rincebrain ( 776480 ) on Tuesday November 01, 2005 @12:49PM (#13924206) Homepage
    So they finally release a list of what they think was put in Linux illegally, and we can't see it to rewrite the code to have a "legal" OS?

    How entertaining.
  • Merry Christmas (Score:5, Insightful)

    by xxxJonBoyxxx ( 565205 ) on Tuesday November 01, 2005 @12:55PM (#13924263)
    "SCO, whose Unix business continues to struggle, said it will file a final report on the alleged abuses on Dec. 22."

    This is a clear sign that SCO itself doesn't believe their list is worth the paper its printed on. There isn't a time of the year when people are paying less attention. It's like they're saying "Details at Christmas - in the meantime, enjoy your FUD."

  • by scronline ( 829910 ) on Tuesday November 01, 2005 @12:57PM (#13924285) Homepage
    WHO THE HELL CARES ANYMORE?!?! It's obvious that Darl McBride is a litigious bastard and that's how he...well, pretty much earns his living is taking people/companies to court. It's already been all but proven that SCO has no grounds and it's just dragging on now. Plain and simply, this whole move was NOTHING but a stock manipulation for corperate gain. It's also very probable that they were paid to do this by Microsoft and then left out to hang on their own when MS decided to sell off it's preferred stock because MS didn't like the way McBride was handling the situation. Hell, for all we know he approached MS saying "this is what we got, you want to help me fund it?"

    Either rate, the effects are all still the same. McBride sued IBM without any proof of wrongdoing. SCO has seriously opened itself up for a plethora of lawsuits with this action and once it's proven in court that there was nothing going on.
  • by CDPatten ( 907182 ) on Tuesday November 01, 2005 @12:57PM (#13924286) Homepage
    This really could be a road block for Linux. Well, a temp. road block until it gets re-written. However it really brings into light a larger issue with OSS. Closed source software maybe subject to this, but by its very nature, its very difficult to prove. OSS, could easily expose a large organization that decides to integrate community code.

    There is no real check and balances to prevent a small author from stealing code, and then publishing it under one of the OSS licenses. At that point a larger company (red hat maybe?) picks it up and integrates it into their distro. They sell a million, and then a million violators. The author fades a away, and red hat gets stuck with the bad press and a big bill.

    What are the ways to avoid this when you use community code? Is it to only use the big developers code (kinda defeats the purpose)? Anyways, what do you guys think about this...

  • Re:The hell? (Score:5, Insightful)

    by supun ( 613105 ) on Tuesday November 01, 2005 @01:00PM (#13924306)
    It because of the big throbbing brain of the OSS community. They release that information and the OSS community will pick their violations apart like they did in the past. It's like IBM has a free legal reasearch team.
  • by linumax ( 910946 ) on Tuesday November 01, 2005 @01:01PM (#13924323)
    and part of that story [groklaw.net] says:

    Yeah? We'll see. Or maybe only the parties and the judge will, but if they had found infringing literal code, there is absolutely no reason not to show it without seal, because if it's literal, it's out there in the public already. All Linux code is freely viewable by anyone on Planet Earth. The astronauts can look at it too. SCO may be afraid the Linux community will pull the rug out from under them before they can get to trial, if they tell us publicly what they think they have. Every time they tell us what they think is infringing, somebody proves they are mistaken. At best.
  • by MightyMartian ( 840721 ) on Tuesday November 01, 2005 @01:06PM (#13924364) Journal
    Well of course they will have a case. They will also be out of luck.
  • by HavokDevNull ( 99801 ) <ericNO@SPAMlinuxsystems.net> on Tuesday November 01, 2005 @01:08PM (#13924383) Homepage Journal

    According to http://www.groklaw.net/article.php?story=200511010 0443634 [groklaw.net] the Docs are under seal, and as PJ puts it "there is absolutely no reason not to show it without seal, because if it's literal, it's out there in the public already." and "SCO may be afraid the Linux community will pull the rug out from under them before they can get to trial, if they tell us publicly what they think they have. Every time they tell us what they think is infringing, somebody proves they are mistaken. At best."

    IMHO SCO is just blowing smoke again, and trying to pump up the stock.

  • Re:I wonder (Score:5, Insightful)

    by Col. Klink (retired) ( 11632 ) on Tuesday November 01, 2005 @01:10PM (#13924401)
    File Management System means JFS, which IBM developed for OS/2 and later ported to AIX and Linux. Note that the Linux port was from the original OS/2 implementation and not from AIX. However, SCO's theory is that once something touched AIX, SCO's property rights to Unix infect it and travel back up the tree and down any other branches.

    And they call the GPL viral...
  • Re:What Next? (Score:4, Insightful)

    by IGoChopYourDollars ( 924633 ) on Tuesday November 01, 2005 @01:14PM (#13924425)
    What's next, they'll say some IBM employees might have had coffee with Linux developers?

    It sounds stupid, but when large corporations have to put up "firewalls" between projects to deal with sensitive issues such as IP leakage, that's *exactly* one of the things they have to worry about.

    IBM knows all about the procedures that are necessary in these situations, which is what makes SCO's charges so brazen. But when you have teams of hundreds of Linux developers under tight deadlines and under pressure to get their bonus or an acceptable job performance rating, along with intense corporate pressure to deliver results, it wouldn't be surprising if one or two didn't decide to take a shortcut and help themselves to a little AIX code.
  • by mykepredko ( 40154 ) on Tuesday November 01, 2005 @01:18PM (#13924451) Homepage
    I used to wonder about that as well - but:

    1. They are getting a lot of good geek press/word of mouth. Fighting for Reasonable IP could be good business for them.

    2. They may want to make sure anybody else that tries a frivolous lawsuit to see what happens - not only will you loose, but you will be bled dry in the process.

    3. It may be a message to Gates to fight his own battles and not through proxies.

    4. Somebody is really pissed at Darl and want to see that the only job he is able to get after this is hired hand on a dirt farm.

    myke
  • by Vortran ( 253538 ) <aol_is_satan@hotmail.com> on Tuesday November 01, 2005 @01:31PM (#13924559) Homepage
    Let me crystallize this a bit more.

    Microsoft got a very big speed bump in the road to corporate adoption of GNU-LINUX and got rid of SCO for, what to them is, a little scratch. This was just the opening they needed to inject XP and Windows 2003 Server into corporate America.

    With the priceless FUD that was generated and the quiet handshaking between nouveau bedfellow, Sun Systems, Microsoft is in a much better position to foster hegemony in the corporate server marketplace which is their ardent desire. Microsoft got all this for chump change, and good ol' Darl was the chump. Microsoft tossed him out like used toilet paper when they were done with him. Darl's ship didn't go down instantly so he got to hang on to his job for a little while longer and prepare for a quiet departure into retirement.

    SCO used to be so damned cool, too. I remember when they had to send out memos to the staff to wear shoes adn be fully clothed when they were going to have an outsider visitor.

    Vortran out
  • by Doktor Memory ( 237313 ) on Tuesday November 01, 2005 @01:33PM (#13924580) Journal
    IBM has its own history of antitrust entanglement [lib.de.us], and I believe still operates under some of the consent decrees from that era. Launching a hostile takeover bid against a company that is current suing them for breach of contract would almost certainly invite a lot of the wrong kind of regulatory and legislative scrutiny.

    Also: IBM has more money than god: as of their most recent financial statements, they maintain a cash balance of $8,250,000,000 (That's billion with a B, folks.) While the expense of fighting off SCO might seem insane to you or me, and would bankrupt a smaller company, it's literally pocket change to IBM, and it is very likely that their board of directors consider making an example of SCO to be a worthwhile investment.

    Credibility in business contracts is a very important thing, and SCO is making a direct claim that IBM entered into a contract with them and proceeded to rob them blind. That's not a charge that any CEO is going to take lying down, and if they have to spend a few million dollars and a few years to have a judge authoritatively dismiss SCO's claim, it's probably worth it.
  • by Darth ( 29071 ) on Tuesday November 01, 2005 @01:58PM (#13924826) Homepage
    If IBM were not entitled to include the code in Linux then it was never under the GPL.

    until SCO released it under the GPL, you are correct.

    Or else I could just slap the GPL on the leaked Windows Source Code and say "ha, well it's GPL now"

    the issue the grandparent was pointing out is that SCO distributed a GPL'd linux kernel containing the code they claim to own. As the (supposed) owners, they certainly would have the legal right to relicense that code and by releasing it as part of the linux kernel under the GPL, they have relicensed it.

    The only defense they could have is that they didn't know it was in there and shouldn't be forced to "accidentally" GPL code via an act of copyright violation. This doesn't fly, however, because they continued to distribute the linux kernel, and the code they claim is infringing in it, under the GPL for a year after they initially madethe claims. It's hard to say you didnt know it was in there when you've filed a lawsuit specifically about it.

  • Actually, current C (C99 standard, at the very least) allows declaring loop counters in the for statement.

    So, yes, it would seem SCO is dumb enough to use antiquated C.
  • Re:The hell? (Score:2, Insightful)

    by StevisF ( 218566 ) on Tuesday November 01, 2005 @02:25PM (#13925038)
    One word ... FUD. The main purpose of this entire ordeal is to legally encumber Linux and OSS. What better way to do this than to say general things and hide the specifics (which probably have no merit)?
  • by Ossifer ( 703813 ) on Tuesday November 01, 2005 @02:38PM (#13925147)
    Darth is absolutely correct, however this has no bearing on the lawsuit. If (and it's a big "if") IBM did release SCO code in violation of the contract, it's irrelevant if SCO even voluntarily GPLs the code at some later date--IBM still broke the contract. Releasing the code doesn't undo history.
  • Not quite (Score:3, Insightful)

    by TheConfusedOne ( 442158 ) <the@confused@one.gmail@com> on Tuesday November 01, 2005 @02:41PM (#13925163) Journal
    Your example fails on one point. In this case the person who claims to own said code was the one who released it under the GPL.

    Now they can try to claim that they didn't realize that they were licensing their own code but that's a hard sell especially when they didn't yank the code immediately off their site when they made the claim. You could download Linux from SCO's site for at least a year after their initial claim.

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