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Caldera Operating Systems Software Unix Your Rights Online Linux

SCO Run-Time Licenses: Get 'em While They're Hot! 587

ddtstudio writes "Well, if you've been holding off your payments to SCO for your Linux usage, eWeek reports that you need wait no longer. SCO has now made available for your IP pleasure their run-time licenses -- that is, if you can get one. Seems there are some problems getting even sales people at SCO to answer the phone. Is this any way to run a business?"
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SCO Run-Time Licenses: Get 'em While They're Hot!

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  • by peterprior ( 319967 ) on Monday September 08, 2003 @05:56PM (#6904991)
    what to point darlmcbride.com to next...?

    answers on a postcard..
    • by Alan Hicks ( 660661 ) on Monday September 08, 2003 @06:52PM (#6905440) Homepage
      what to point darlmcbride.com to next...?

      goatse.cx ?

      • I don't think Darl needs a self portrait.
      • by MuParadigm ( 687680 ) <jgabriel66@yahoo.com> on Tuesday September 09, 2003 @06:02AM (#6908195) Homepage Journal
        An Open Response to Darl McBride's Open Letter to the Open Source Community
        (First Draft)

        Dear Mr. McBride,

        First, let me introduce myself. My name is John Gabriel. I have been working in the technical field for 15 years, as a Network Administrator, Applications Manager, Network Manager, Sr. Networking Engineer, and now, Freelance Consultant. And, yes, I'm an MCSE.

        My first experiences with Unix occurred in the late 1970's, during school field trips to local colleges. I also did Unix technical support for students while taking a class in Pascal in the late 1980's. My first experience with Linux dates to 1994, when I downloaded whatever Linux kernel was available at that time.

        While I did install it successfully, on a Compaq Deskpro 386/25, I quickly abandoned it as the system didn't have enough memory to support X Windows. Several years later, in 1998, I became a Caldera customer, with a purchase of Caldera OpenLinux Base ver. 1.22, with Linux kernel 2.0.33. I ran into similar problems again.

        About a year ago, I became interested again Linux, and now run Linux on my home workstation in a dual-boot configuration with Windows XP.

        About 4-5 months ago, I began following the SCO v. IBM story. I was at first inclined to be open-minded towards SCO's claims. It wouldn't be the first time a small company has had its copyrights violated by a larger vendor, though the violator is usually, in my experience, Microsoft, as exemplified by Caldera's history with DR-DOS.

        However, the more I researched the story and SCO's claims, the more convinced I became that SCO's claims were, well, baseless. Being the type that usually likes to "root for the underdog", I was surprised by my conclusions.

        Anyway, that's enough introduction. What follows is an Open Response to your Open Letter to the Open Source Community. I grant everyone, including you, permission to re-publish it, or quote from it, without restriction, except that my comments be properly attributed to myself. Consider it under a "BSD-style" license if you like.

        1) The most controversial issue in the information technology industry today is the ongoing battle over software copyrights and intellectual property. This battle is being fought largely between vendors who create and sell proprietary software, and the Open Source community. My company, the SCO Group, became a focus of this controversy when we filed a lawsuit against IBM alleging that SCO's proprietary Unix code has been illegally copied into the free Linux operating system. In doing this we angered some in the Open Source community by pointing out obvious intellectual property problems that exist in the current Linux software development model.

        Mr. McBride,

        Response to Paragraph 1 of your "Open Letter":

        This is very difficult to respond to, because your analysis of the issues and of the reasons for the Open Source community's anger is, in the words of the great physicist Wolfgang Pauli, "so bad it's not even wrong."

        For instance, your own lawsuit against IBM does not allege that "SCO's proprietary Unix code has been illegally copied into Linux" -- it alleges that code *owned* by IBM but under contractual "control" rights to SCO has been copied into Linux. Surely, you don't dispute that IBM owns the relevant copyrights and patents to NUMA, JFS, and RCU?

        Or do you dispute Section 2 of Exhibit C on your web site, the ATT-IBM sideletter agreement, which states in part, "we (ATT) agree that modifications and derivative works prepared by or for you (IBM) are owned by you"?

        The truth is there are many reasons the Open source community is angered with you and the actions of The SCO Group and The Canopy Group, none of which have too do with "intellectual property problems that exist in the current Linux software development model." We don't believe such problems exist. We do believe that The SCO Groups legal theories of what constitutes "derivative works" have no basis in copyright, patent, or tradem
    • I called and asked. (Score:3, Interesting)

      by ModernGeek ( 601932 )
      SCO got more than 900 calls the first week after announcing the licensing program, Stowell said. Of those, 300 were serious inquiries

      I suppose 2/3 of them were pissed off slashdot trolls, and the other 1/3 of them were slashdotters trying to act serious about it, I talked to an operator a long time about it acting serious and asking exactly what I was buying, I hope alot of other slashdotters do too
    • by Netlink ( 514225 ) on Tuesday September 09, 2003 @01:23AM (#6907527)
      (Record you phone conversation and get the name of the person you are talking to.)

      1. If I fail to purchase a SCO License will SCO sue me
      Push the point until the sales rep says yes they will sue you if you don't buy a license. This is a threat

      2. Ask them what code in Linux infringes their IP, and where you can find details so that you can remove it
      Give them the chance to substanciate their claim of stolen code in Linux so that their threat to sue is not extortion. They will of course refuse

      3. Ask them if the SCO IP License allows you to redistribute the Linux source code that contains their IP under GPL
      They have made it quite clear in the press release that they will not.This contravenes the GPL license of Linux

      4. Explain that their 'binary only license' is in direct contravention of GPL and ask them to indemnify you against being sued for non compliance with the source provision requirement of GPL
      They obviously will not do this because their license mutually exclusive with the GPL.

      I think it would be interesting to post replies to these questions, Perhaps I may even make an international phone call just to see what they have to say.

      Answers to these questions may be useful in any future legal cases against SCO so if you can record the call and identify the rep you spoke to it will help the case against them for extortion, or perhaps not in the strange legal system of the USA

  • by beacher ( 82033 ) on Monday September 08, 2003 @05:56PM (#6904995) Homepage
    Seems like an appropriate title.. Thieving bastards...
    -B
    • by penguin_punk ( 66721 ) on Monday September 08, 2003 @06:42PM (#6905380) Journal
      well just for the hell of it I called SCO (Or S.C.O. according to their switchboard) do the usual, press here for product or purchasing info, press there for a representative....

      Well when I got the guy, I basically inquired about the 'sco/linux' licenses that I keep hearing about on the news.

      him: "What do you need to know?"
      him: "Have you read the press release?"
      him: "Have you seen the lawsuit information?"

      Me: "I don't have internet access, I just wanted to know what I need to buy so I don't get in trouble. Can you please mail(snail) me the license agreement, some product information, and purchasing information so I can send you a cheque?"

      Him: "...?"

      EOF

      He didn't know what to say. Apparently a sales rep will call me back, but all I want is something on paper that says what this license _is_.

      How come if you called anyone else and said "I want to purchase a license for this software" They would jump on it and get your CC# when all SCO is doing is going on and on about lawsuits? This has to be a joke.

      Ok. end rant.
      • by NickFortune ( 613926 ) on Monday September 08, 2003 @07:22PM (#6905663) Homepage Journal
        How come if you called anyone else and said "I want to purchase a license for this software" They would jump on it and get your CC# when all SCO is doing is going on and on about lawsuits? This has to be a joke.
        Well yeah. Look: I hereby declare that I and I alone own the sole and exclusive right to Feet. You better buy a *ahem* run-time licence off me right now or I will personally sue each and every one of you into oblivion.

        OK guys - what crime did I just commit? Fraud? Extortion? Attempting to obtain money under false pretenses? I'm damn sure that'd be illegal behaviour. It would if I did it anyway. Maybe if I was publically traded it'd be another matter.

        Point is, I rather suspect that it'd be just as illegal for SCO to do it - especially since their claim to Linux is only marginally stronger than my claim to Feet(tm). But as long as they only talk about it there's no evidence for anyone to base a case around. So there'll be no sales.

        It's just more FUD. And possibly, as someone else pointed out, a ploy to get future victims to identify themselves. But mainly FUD I think.

      • by AKnightCowboy ( 608632 ) on Monday September 08, 2003 @09:03PM (#6906270)
        How come if you called anyone else and said "I want to purchase a license for this software" They would jump on it and get your CC# when all SCO is doing is going on and on about lawsuits? This has to be a joke.

        SCO ceased to be a company when this whole mess began. It's only purpose in life is to act as a litigation engine. Nobody would buy their products unless under threat of extortion anyway.

  • by nickread ( 217474 ) on Monday September 08, 2003 @05:57PM (#6905012) Homepage
    SCO Director Blake Stowell said the company is willing to negotiate pricing, especially for site- and volume-licensing users.
    I'll give you nothing... and that's my final offer.
  • Wow... (Score:5, Insightful)

    by Tyrdium ( 670229 ) on Monday September 08, 2003 @05:58PM (#6905017) Homepage
    $699 for a single CPU license? Jeez... I bet (even if SCO had a valid case, and they won the lawsuit[s]), almost everyone would go to a non-System V OS rather than use UnixWare... What makes them think they can get that amount of money from anyone, even if they win the case[s]?
    • Re:Wow... (Score:5, Funny)

      by Mr. Darl McBride ( 704524 ) on Monday September 08, 2003 @06:04PM (#6905081)
      $699 for a single CPU license? What makes them think they can get that amount of money from anyone, even if they win the case[s]?

      NOBODY expects the SCO License Audit! Our chief weapon is suprise... surprise and fear... fear and surprise.... Our two weapons are fear and surprise... and a littany of grandiose claims in press releases.... Our *three* weapons are fear, surprise, and grandiose claims... and an almost fanatical devotion to the UNIX license.... Our *four*... no... *Amongst* our weapons.... Amongst our weaponry... are such diverse elements as fear, surprise.... I'll come in again. (Exit and exeunt)

    • Re:Wow... (Score:3, Insightful)

      Did anyone notice in the article where it said
      SCO got more than 900 calls the first week after announcing the licensing program, Stowell said. Of those, 300 were serious inquiries that could immediately be followed up on....

      900 calls. 300 of em serious.

      Ya gettin the message Darl?

  • Dang it! (Score:4, Funny)

    by djrogers ( 153854 ) on Monday September 08, 2003 @05:58PM (#6905018)
    When is the business world gonna wake up and *SMACK* SCO so I can cover my short positions? Frickin' knew I shoulda bought at $10, instead I placed my faith in justice and shorted them... Oh well, at least I can add my name to the list of those screwed by SCO ;-)
    • Re:Dang it! (Score:4, Insightful)

      by Anonymous Coward on Monday September 08, 2003 @06:13PM (#6905164)
      > When is the business world gonna wake up and *SMACK* SCO so I can cover my short positions? Frickin' knew I shoulda
      > bought at $10, instead I placed my faith in justice and shorted them... Oh well, at least I can add my name to the list of those
      > screwed by SCO ;-)

      First, it should be clear by now that you should not take investment advice from /. just as you shouldn't take medical or juridical advice. Second, ask yourself, did you *expect* the stock to fall or did you *hope* it to fall?
      • Juridicial Advice? (Score:3, Insightful)

        by llywrch ( 9023 )
        > First, it should be clear by now that you should not take investment advice from /. just as you shouldn't take medical
        > or juridical advice.

        You mean some guy asked the folks on /. a question like the following: ``I just had my day in court, & the judge gave me 3-5 in a minimum security jail. (Never mind the reason why, it's not computer related.) I mean, I have excellent karma, know the difference between a bubble sort and a quick sort, & can get Windows NT running on an Itanium computer. A
    • Re:Dang it! (Score:5, Informative)

      by TexVex ( 669445 ) on Monday September 08, 2003 @06:16PM (#6905188)
      I logged into my eTrade account this afternoon to have a look at the status of my stock options, and just for the hell of it punched in "SCOX" on the stock symbol search box. I got the expected info on the current stock price, market cap, etc., but was bewildered when I went to the "Company News" section. Believe it or not, fellow slashdot geeks, nothing I saw on eTrade linked to the Open Group, the FSF, or to Linus' "they're smoking crack" comment.

      SCO's press releases are being reported as straight news. The business world isn't going to wake up and smack SCO because right now they have no clue about what SCO is really up to.
  • by _Sharp'r_ ( 649297 ) <sharper@NOsPaM.booksunderreview.com> on Monday September 08, 2003 @05:58PM (#6905019) Homepage Journal
    Maybe you can't get a salesman on the phone becuase they didn't actually expect anyone to call and want to buy one?

    Or it's just a cheap screening tactic to try and weed out the 2 real buyers from the 800 anti-SCO people who just want to argue with them?
  • What if. (Score:5, Interesting)

    by Malcontent ( 40834 ) on Monday September 08, 2003 @05:59PM (#6905022)
    What if you called SCO and told them that you have X copies of linux (non SCO) and asked them to send you an invoice. If they then actually invoiced you for a product you never bought from them could you then charge them with fraud?

    Is it legal for company A to send you an invoice for a product you got from company B?

    • Re:What if. (Score:4, Informative)

      by BdosError ( 261714 ) on Monday September 08, 2003 @06:02PM (#6905054)
      If you ask for it, it's not fraud.
      • Re:What if. (Score:3, Insightful)

        by Malcontent ( 40834 )
        " If you ask for it, it's not fraud."

        Not really, at least not in this case. In this case SCO has threatened to sue people who are not licensed. The only reason you are asking is so that you won't be sued.
      • Re:What if. (Score:3, Insightful)

        If you ask for it, it's not fraud.

        But they are not asking for it, SCO is. SCO is saying pay up or else, and he's just reacting to SCO's statements. It's not like linux users have been screaming for binary only licences all these years and SCO is finally providing the service.
    • Re:What if. (Score:5, Informative)

      by Mr. Darl McBride ( 704524 ) on Monday September 08, 2003 @06:08PM (#6905122)
      What if you called SCO and told them that you have X copies of linux (non SCO) and asked them to send you an invoice. If they then actually invoiced you for a product you never bought from them could you then charge them with fraud?

      SCO are being quite careful about ensuring that people know this is not a Linux license, but rather a license for any IP that may be contained in Linx. They've even gone as far as to make a part of the license contract be an agreement that they don't owe anything in return, even if it's found that there is no SCO IP present.

      If SCO were flat-out licensing Linux to you, you would have a case. But it's a bit more blurry (though that doesn't mean it's entirely legal) with the way they're handling it.

      You can be sure that SCO's laywers have been hammering on this for quite a while, and while the broad strategies SCO have been using seem pretty strange, SCO isn't going to hang itself when it comes to collecting cash instead of just spewing bizarre quotes to the press.

      • Re:What if. (Score:3, Interesting)

        by fermion ( 181285 )
        have you noticed the increase in the number of companies that are asking that you pay money in exchange for nothing. It used to just be insurance, casinos, and state lotteries. Everyone knew that these people were legalized con artists, and pretty much any other scam was illegal.

        Now we have ebay selling 'buyer insurance' while denying that the service is actually insurance, or saying they will actually pay anything out. We have SCO asking for money without possible refund if the product never materiali

  • Hmmm (Score:5, Funny)

    by Anonymous Coward on Monday September 08, 2003 @05:59PM (#6905024)
    The reason you can't get through to the sales staff is because they're too busy operating their huge laser on the SCO death star.
    • Re:Hmmm (Score:4, Funny)

      by silentbozo ( 542534 ) on Monday September 08, 2003 @06:14PM (#6905172) Journal
      I'll bet the reason you can't get to the sales staff is probably because there isn't one anymore. It's like that drug dealer in the Tom Clancy movie "Clear and Present Danger" who has the one assistant with tapes of an office, factory floor, etc. to disguise the fact that they're in a villa in Columbia, enjoying their ill gotten gains while planning world domination. Sound like anyone we know? Are we sure that SCO's executives are even in the country anymore?
    • Darl: Commence primary ignition!

      Blake: Stand by to fire at Rebel base.

      NO CARRIER Linus: Great shot, kid. That was one in a million.

  • by Ralph Yarro ( 704772 ) on Monday September 08, 2003 @06:01PM (#6905042) Homepage
    As a businessman with a lot at stake for the various companies I have responibility for, I'll be carefully considering whether I should buy one of these licences. I know that won't be a popular position here, but I have to be practical about this.

    Of course, I haven't dicussed any of this with anyone at SCO so far, so I don't know yet how good a case they have.
    • Re:Go Big Blue! (Score:5, Insightful)

      by Col. Klink (retired) ( 11632 ) on Monday September 08, 2003 @06:12PM (#6905149)
      As long as your giving money to people who never bothered to prove that they own what they're selling you, I'm going to go ahead and claim that I own something in the Linux kernel too. Like SCO, I won't tell you what I claim to own, but I'll only charge you $400/CPU for it.
  • by taernim ( 557097 ) * on Monday September 08, 2003 @06:01PM (#6905045) Homepage
    Is this any way to run a business?

    Therein lies the key. Since when did it become a business? I thought the consensus had pretty much realized by now this was a Pump-And-Dump scheme?
  • by civilengineer ( 669209 ) on Monday September 08, 2003 @06:03PM (#6905065) Homepage Journal
    SCO is on the run now, that's why its called Run-Time
  • Disturbing (Score:5, Insightful)

    by ThePeices ( 635180 ) on Monday September 08, 2003 @06:03PM (#6905066)
    I find it quite disturbing that the EWeek article comes across as if linux does have SCO's IP in it, while this has still yet to be proved. It does state in the end of the article that the FSF and other org's say that nobody should buy a licence, but the impression of the article is just wrong. It is generally accepted that SCO's claims are nothing but fluff, and there is mounting evidence against their claims, but SCO seems to be hell bent on causing anarchy and getting brought out by IBM. But the slant of the article is sending the wrong sort of message.
    • Re:Disturbing (Score:5, Interesting)

      by Mr. Darl McBride ( 704524 ) on Monday September 08, 2003 @06:12PM (#6905153)
      but SCO seems to be hell bent on causing anarchy and getting brought out by IBM

      You can be sure as hell that this is one thing that will not happen. IBM is well aware that if they capitulate on this one, there will be a dozen or more copycat suits of varying degrees of merit. It's better to obliterate a case like this and to make it an expensive mistake for SCO's investors than it is to negotiate.

      All kidding aside, at this point the most favorable outcome for SCO (whether they know it yet or not) would be for IBM to dig deeply enough to scare SCO into dropping the case and retiring to a quiet corner to expire without any of the principals doing time for fraud.

      • Re:Disturbing (Score:3, Insightful)

        "bought out by IBM...You can be sure as hell that this is one thing that will not happen."

        It occurs to me that IBM would not want to own control of the UNIX(TM)* sysV codebase. It would put IBM in too powerful a position with respect to other vendors, and cause them to gang up on IBM. There could be lawsuits about IBM abusing its monopolistic control of the source code and licenses that its competitors need to operate. Such accusations would be a problem even if they are false.

        * UNIX(TM) is a tradema

  • by kingramon0 ( 411815 ) on Monday September 08, 2003 @06:05PM (#6905087) Homepage
    I think I'll wait until the next minor release of the license once it's more stable.
  • Salesmen (Score:3, Funny)

    by jabbadabbadoo ( 599681 ) on Monday September 08, 2003 @06:05PM (#6905094)
    The SCO salesmen are busy running around the countryside, sueing people.

    This is SCO's idea of the travelling salesman problem?

  • by mrpuffypants ( 444598 ) * <.moc.liamg. .ta. .stnapyffuprm.> on Monday September 08, 2003 @06:06PM (#6905103)
    Quoth the article:

    SCO got more than 900 calls the first week after announcing the licensing program, Stowell said. Of those, 300 were serious inquiries that could immediately be followed up on... ...and the other 600 were /. users DDoSing the phone network in Utah. Great job guys!
  • by cliffiecee ( 136220 ) on Monday September 08, 2003 @06:08PM (#6905121) Homepage Journal
    a run-time license that lets buyers use the company's intellectual property that is contained in Linux distributions

    In other words, a zero-length file...

    Oh wait, my mistake; there are millions of lines of SCO code in Linux. Entire programs, even.
  • by MadCow42 ( 243108 ) on Monday September 08, 2003 @06:13PM (#6905160) Homepage
    If they can state exactly what it is that I'm licensing, and prove to me they have the rights to charge license fees for it, then I'd love to see it.

    Failing that, they're racketeering vaporware.

    MadCow.
  • by Zaffle ( 13798 ) * on Monday September 08, 2003 @06:15PM (#6905179) Homepage Journal
    But what do their employees think?

    And by that I mean the coders (if they have any left)?
    Sure, the sales people are just doing their job, but what about the coders at the company? Surely they can't believe the drivel thats coming from above?
    Is there actually anyone left in that company that has more than 2 ethical brain cells?

    Remember, this company was once Caldera, who produced a linux distro, so is there anyone left from those days?
    • by Mr. Darl McBride ( 704524 ) on Monday September 08, 2003 @06:19PM (#6905218)
      But what do their employees think?

      And by that I mean the coders (if they have any left)?

      You've pretty much answered your question in the parenthesis. SCO has laid off most of its development staff, and there have been a few high-profile people quitting as well. What's left at SCO is mostly the legal team and a handful of salespeople.

      If you visit SCO's website and look at the hiring page, you'll presently find no open positions. I think this means SCO are pretty much digging in and wagering the entire future of the company on this lawsuit.

      • by The Pim ( 140414 ) on Monday September 08, 2003 @08:22PM (#6906035)
        SCO has laid off most of its development staff

        This was also clear from the ineptitude of their slide presentation: If there were any competant techs in the company, the execs would at least have had them sanity check the presentation to avoid making fools of themselves. Which evokes the amusing image of SCO execs and lawyers staring dumbly at Linux and SysV code in Word and, with only the fuzziest comprehension, trying to figure out what to paste into PowerPoint.

      • I think this means SCO are pretty much digging in and wagering the entire future of the company on this lawsuit.

        An interesting thing happens when you repeat a lie often enough and loud enough. Not only do you begin to sway the masses, you begin to believe it yourself. I have to wonder if this is possibly what has happened here. The human mind is an amazing thing. One moment it is capable of the most keen observation and insight. The next, it very easily knows how to apply its own filters to make you not se

      • I've found it very telling that since we told the SCO tech support back in May that we were switching over to a different OS, they are not answering calls from us (or promising to get back to us and not doing so). We've had to hire a temp contract database guy to get thru the change.

        I'm not in the decision making process here, but a couple people have been keeping me up on what's going on, and I gather that corporate is very, very pissed off at SCO and is considering a breach of contract lawsuit (our su
  • by mybecq ( 131456 ) on Monday September 08, 2003 @06:16PM (#6905184)
    See the following new letter (dated Sept 9th!):
    http://www.linuxworld.com/story/34007.htm [linuxworld.com]
    • by Anonymous Coward on Monday September 08, 2003 @06:55PM (#6905469)
      An open letter alleged to be from Darl:

      http://www.linuxworld.com/story/34007.htm [linuxworld.com]

      From the above link, this quote:

      The second development was an admission by Open Source leader Bruce Perens that UNIX System V code (owned by SCO) is, in fact, in Linux, and it shouldn't be there. Mr Perens stated that there is "an error in the Linux developer's process" which allowed Unix System V code that "didn't belong in Linux" to end up in the Linux kernel (source: ComputerWire, August 25, 2003). Mr Perens continued with a string of arguments to justify the "error in the Linux developer's process." However, nothing can change the fact that a Linux developer on the payroll of Silicon Graphics stripped copyright attributions from copyrighted System V code that was licensed to Silicon Graphics under strict conditions of use, and then contributed that source code to Linux as though it was clean code owned and controlled by SGI. This is a clear violation of SGI's contract and copyright obligations to SCO. We are currently working to try and resolve these issues with SGI.

      This appears to be the ComputerWire article referred to

      http://au.news.yahoo.com/030826/20/lfff.html [yahoo.com]

      The paragraph in which the "error" quote reads:

      The other SCO code snippet Perens walks through had to do with memory allocation functions in Unix System V and Linux. He says there was, in fact, "an error in the Linux developer's process," specifically a programmer at SGI, and he says while the Linux community had the legal right to this code, it didn't belong in Linux and was therefore removed.

      I looked what Perens said in the original (referred to be ComputerWire)

      Slides 10 through 14 show memory allocation functions from Unix System V, and their correspondence to very similar material in Linux. Some of this material was deliberately obfuscated by SCO, by the use of a Greek font. I've switched that text back to a normal font.

      In this case, there was an error in the Linux developer's process (at SGI), and we lucked out that it wasn't worse. It turns out that we have a legal right to use the code in question, but it doesn't belong in Linux and has been removed.

      These slides have several C syntax errors and would never compile. So, they don't quite represent any source code in Linux. But we've found the code they refer to. It is included in code copyrighed by AT&T and released as Open Source under the BSD license by Caldera, the company that now calls itself SCO. The Linux developers have a legal right to make use of the code under that license. No violation of SCO's copyright or trade secrets is taking place.

      In this case, there was an error in the Linux developer's process (at SGI), and we lucked out that it wasn't worse. It turns out that we have a legal right to use the code in question, but it doesn't belong in Linux and has been removed.

      • by RealityShunt ( 695515 ) on Monday September 08, 2003 @10:38PM (#6906795)

        The fact that the code in question won't compile suggests to me that it's so ancient it hasn't been supported in compilers since well before the 2.x series (which I've compiled on my systems).

        It's a shame that all this info can't be directed to the stock-owners in such a way that they understand it. If so, and if any of them have any sense, SCO would take a huge hit.

        realityshunt
      • by Llurien ( 658850 ) on Tuesday September 09, 2003 @07:47AM (#6908576)
        Here [perens.com]in fact is the complete analysis on which the computer wire article is based. Apparently, as can be seen a few paragraphs below the quoted text, Bruce meant that the code duplicates a function allready in the linux kernel elsewere, is only applicable to one specific SGI system, and thus should never have been in the Linux kernel distribution in the first place, "for technical reasons".
        All the same, the code was released years ago under an open source license in 2002 by Caldera, now SCO, and that even if it had still been in the kernel, the developers would be completely in their right.
      • Bah! (Score:4, Insightful)

        by Anonymous Coward on Tuesday September 09, 2003 @08:40AM (#6908995)
        When is thing going to trial? I'm getting sick of discussing it.
      • by benking ( 110939 ) on Tuesday September 09, 2003 @09:21AM (#6909450)
        I Still don't know how all this applies to IBM. He talked about what SGI did. He talked about the "flawed" process by which Linux & OSS in general is developed. None of this goes to prove that IBM did any thing wrong. And the Offending code That SGI put in is Open Sourced now, & no longer in the source anyway.

        So, SCO where's the beef? (Clara Peller)
    • by DaveAtFraud ( 460127 ) on Monday September 08, 2003 @07:08PM (#6905571) Homepage Journal
      Just a few flaws:

      1) Darl implies that because one person allegedly associated with the open source community has launched a DDoS attack against SCO and, again allegedly, ESR didn't turn this person in, the whole open source community is suspect. I don't think so.

      2) Allegedly (again) some SCO proprietary code made its way through SGI into the Linux source tree with the SCO copyright notices removed at some point along the way. Darl claims that this means that all Linux code is therefore suspect. Again, I don't think so.

      3) Continuing from 2, this conveniently ignores copyrighted BSD (Berkely Packet Filter) code that was presented as an example of Linux code that infringes on SCO copyrights. It seems that somehow the original BSD copyright notice got removed at some point and now SCO calls the code their own. For Darl, SCO employees removing someone else's copyright is not a problem.

      4) Darl seems to be really concerned about warranties and indemnifications not provided by open source software and Linux but he must not have ever read a software EULA. They always claim to limit the liability of the licensor to the cost of the product. As an aside, this concept doesn't work with open source software since the customer has the source code and is freely permitted to change it as they see fit. No one can warrant a product when the end user can make changes, not that the warranties provided by closed source software vendors are anything to make you sleep well.

      5) Darl (talking about profitable business models) apparently wants to return to the time when software companies thought they could make big bucks by selling software licenses. All it takes is a quick look at the TCO and ROI arguments for Windoze vs. Linux to see that these times are long gone and that isn't just because of pricing pressure from Linux. Software buyers are more concerned now about support, service, stability, maintainability, etc. The initial cost of the software license is a small component at what buyers look at when selecting an operating platform for a business. A litiguous vendor such as SCO is not someone I would consider even if there weren't technical arguments against choosing them. Also, I haven't exactly heard of SCO as being a paragon of customer support which is supposed to be the argument for selecting a closed source vendor.

      Its time for dinner so I'll stop at this point.
    • Some majorly fascinating BS:

      They now admit that SGI was responsible for one example of "stolen" code they have been touting, but forget to mention that was removed from the kernel and was only compiled into intanium kernels.

      "To date, we claim that more than one million lines of Unix System V protected code have been contributed to Linux through this model."

      This is much stronger than the "derivative code" claim, because they are saying one million actual specific lines of code were taken, not just ideas a

    • by stwrtpj ( 518864 ) on Monday September 08, 2003 @09:19PM (#6906345) Journal

      ... to his own ends, and this is precisely what has happened here in the LinuxWorld article.

      I will not go into the details of the misquotations from ESR and Mr. Perens, or his abuse of the DDoS attack, as several other astute /. posters have already done so above (below? not sure where the post will appear in the thread). I will instead turn to the interesting tidbit that Mr. McBride mentions near the end, after all the talk about the flaws in the Open Source development process:

      It is easier for some in the Open Source community to fire off a "rant" than to sit across a negotiation table ... Working together, there are ways we can make sure this happens.

      And to this I can only respond: Mr. McBride, how the FUCK can we negociate with you or work together with you when you WON'T REVEAL A SINGLE GODDAMN LINE OF INFRINGING CODE?

      Mr. McBride is playing an interesting game here. He is acting as the master manipulator of the public mindset. Whether this was his intent from the beginning or simply a means to cover up a huge blunder is irrelevant at this point. While it is true that many of his statements are contradictory to the rational person, his intended audience is NOT the rational, but the business world and the media. He knows all the buzzwords that make business/media sit up and pant like lapdogs. What makes this an uphill battle for the OSS community is the very fact that we eschew these buzzwords and prefer to rely on fact. Unfortunately, fact is apparantly not what business/media wants to hear. I am sure that in the next few days we will see reports from the media that Mr. McBride is presenting the proverbial olive branch to the community. I can almost guarantee that the very term "olive branch" will be used.

      It will be interesting to see if this is successful in affecting the tide of opinion. I sincerely hope not. But then again, the vitriol and self-contradictory, specious, racist bullshit spewed by Adolf Hitler was enough to sway the masses.

  • by Esion Modnar ( 632431 ) on Monday September 08, 2003 @06:16PM (#6905187)
    ...they'll be suing Cisco for using their IP. (ciSCO, get it?).

    Crisco, too.

  • by Our Man In Redmond ( 63094 ) on Monday September 08, 2003 @06:17PM (#6905193)
    SCO Director Blake Stowell said the company is willing to negotiate pricing

    Here in America we don't negotiate with terrorists.
  • by zakezuke ( 229119 ) on Monday September 08, 2003 @06:20PM (#6905223)
    Stowell said SCO was careful in crafting the license to avoid giving users the impression that "we were giving them a Unix license with carte-blanche availability to do whatever they wanted to with the code." SCO also wants customers to be aware that the license is a binary, run-time-only license to the Unix code found in Linux. It does not give them the right to change that code or contribute it to other programs, Stowell said.


    We will give you a license to run this code we fail to identify. It's not a license to all unix code but only the code we claim is in linux kernels 2.4 and 2.5, and it's a binary only license but we don't actually compile it, someone else does. We won't actually tell you what you are paying for, and what you may not modify or contribute to. You are just going to have to trust us.

    Well... I think it's only approperate to respond in binary... Enclosed is a hex represnation so in order to bypass the lameness filter

    46 55 43 4B 20 5A 4F 55 21 21 21

  • suing or no suing (Score:5, Insightful)

    by Camel Pilot ( 78781 ) on Monday September 08, 2003 @06:20PM (#6905224) Homepage Journal
    The article starts with...

    The SCO Group has been threatening corporate Linux users with legal action unless they obtain a license for its intellectual property, but until now, businesses have been unable to buy that license.

    Now I may not be kept up to date on the current SCO status but I thought last week SCO said they have no plans to sue linux users - no?

    So if they are not going to sue, what motivation would anyone have to but a licence?

    And how the heck can they demand payment before clearing establishing their IP?

  • by bahamat ( 187909 ) on Monday September 08, 2003 @06:27PM (#6905276) Homepage
    Seems there are some problems getting even sales people at SCO to answer the phone

    What does a litigation company need with sales people?
  • New Court Tactic? (Score:3, Interesting)

    by tarnin ( 639523 ) on Monday September 08, 2003 @06:37PM (#6905345)
    Intresting, I tried to call and could not get though. Wonder if it's going to be like this in court:

    "Well, we offered licensing. Publicized that we offered it but no one took us up on the offer your honor. What more could we do?"

    Then they go about laying out lawsuits like the RIAA. Kinda scary when you think about it that way.
  • by sjames ( 1099 ) on Monday September 08, 2003 @06:44PM (#6905395) Homepage Journal

    The SCO guy (who's nervously flicking his Bic) believes that he can smell some burning wires in my store. For $699/CPU he will insure me against fire hazards.

    Is that about right?

  • by Mabelyne ( 704976 ) on Monday September 08, 2003 @06:48PM (#6905422) Journal
    Wrote to SCO, and after a couple of weeks received an answer: If we run a 2.4 kernel on our server, we don't need licenses on 1000+ client machines running 2.2 kernels where said clients simply run their processes on the 2.4 kernel equipped server, and *display* them locally using the power of the X-windows system. Have it writing from them that in this scenario, only one (1) license would be required. This may help others, it may not, but it is an alternative our lawyers suggested.

  • by Anonymous Coward on Monday September 08, 2003 @06:49PM (#6905429)
    In a new article, SCO's Blake Stowell is quoted as saying, "As of Tuesday [Sept. 2], we actually began making the license available. Selling it and mailing it to someone is not something we've actually done as yet, but as of today we are able to do that [yahoo.com]".

    Excuse me for being shocked, but didn't SCO announce on August 11th in a press release [yahoo.com], that they'd sold the first license? And didn't SCO then go on to tell us that SCO had signed up at least one additional customer since it sold its first IP License for Linux on Aug. 11 [infoworld.com]?

    Wait there's more...

    There is an interesting coincidence about the timing of 1st license announcement.

    According to marketwatch.com on 11 August:
    http://bigcharts.marketwatch.com/historical/defaul t.asp?detect=1&symbol=SCOX&close_date=8%2F11%2F03& x=48&y=18 [marketwatch.com]

    Stock opened at $10.45
    Heavy trading (965,500 shares)
    Fell to a low of $8.27. From Yahoo message board (see below) this low appears to be part of a sharp decline around late lunch time.
    Stock closed at $9.289

    Go look around here for what was being said on the yahoo board around 1.30 to 2pm this time: http://finance.messages.yahoo.com/bbs?.mm=FN&actio n=l&mid=&board=1600684464&sid=1600684464&tid=cald& start=26210 [yahoo.com]

    The press release when SCO announced their first license was at 2.03pm ET according to the time stamp on it:
    http://biz.yahoo.com/prnews/030811/lam083_1.html [yahoo.com]

    No doubt the timing is all coincidence.

    Another coincidence is that Michael Olson, had a 10b5-1 sell on that day:
    http://www.sec.gov/Archives/edgar/data/1102542/000 110254203000049/xslF345X02/edgardoc.xml [sec.gov]

    No doubt, another coincidence.

    So here's the quick summary:

    1. SCO issued a press release, August 11, saying they sold their first Linux IP license: http://biz.yahoo.com/prnews/030811/lam083_1.html [yahoo.com]
    2. The press release, luckily for SCO, appeared immediately after the stock crashed to a low of $8.27
    3. A SCO insider had a pre-arranged plan to sell stock (and did so) on that day , 11 August: http://www.sec.gov/Archives/edgar/data/1102542/000 110254203000049/xslF345X02/edgardoc.xml [sec.gov]
    4. In September, SCO later said they had sold at least one other Linux IP license: http://www.infoworld.com/article/03/09/03/HNscocus tomer_1.html [infoworld.com]
    5. In September, SCO later said they hadn't sold any Linux IP licenses: http://story.news.yahoo.com/news?tmpl=story&ncid=1 817&e=2&u=/zd/20030905/tc_zd/59210&sid=9612075 1 [yahoo.com]
    6. I am not sure of the order of articles 4 and 5 in date, but article 4 appears to have been published before 5.
  • by QuackQuack ( 550293 ) on Monday September 08, 2003 @06:50PM (#6905433) Journal
    SCO got more than 900 calls the first week after announcing the licensing program, Stowell said. Of those, 300 were serious inquiries that could immediately be followed up on, he said,

    I will happily pay SCO $699 for a copy of the list of THOSE 300 customers! Seems like a good investment ;-)

  • by pair-a-noyd ( 594371 ) on Monday September 08, 2003 @06:52PM (#6905444)
    Beat the rush! Get yours now while there are still some left!

    Just tear off as much as you need [yimg.com], sign it (in brown), then mail it to SCO using the appropriate recepticle..

    (You'll know what to do!)
  • by Ungrounded Lightning ( 62228 ) on Monday September 08, 2003 @07:05PM (#6905542) Journal
    SCO has now made available for your IP pleasure their run-time licenses [...]

    And you're a fool if you buy one.

    SCO is not suing IBM for misappropriation of their IP. What SCO IS suing IBM for is VIOLATING THE TERMS OF THEIR LICENSE.

    Right now you probably don't HAVE a SCO license - shrink-wrap style language and all. This makes you nearly immune to suits from SCO.

    But if you buy a license - even one - you are not just out the money. You have also paid them by entering into a contract, with contractual obligations. And if you buy one NOW, after all the publicity over their claims to own UNIX and evertying related to it, you can't claim ignorance of their claims.

    If you use linux on one machine, and you pay them a sale price of a couple hundred bux, what are you going to tell the judge when he asks you:

    - Why aren't you paying them whatever their latest asking price is for another license for your next two hundred machines.

    - Why did you distribute this open-source software that SCO says contains their IP, in violation of your contract with SCO.

    After all, if you signed the contract and paid the money. Didn't you just admit that this IP was theirs?

    IMHO, anyone who buys a SCO license has just signed away, forever, his right to work on open-source code. As an individual you can't EVER release your work. As a company you can't EVER release your employees' work. (And good luck hiring any new employees with open-source experience.)

    No open-source drivers for your products. No folding your fixes back into the mainstream, so you don't have to make them again on every new release of whatever open-source tool you fixed or improved for your critical business process.

    So if you're contemplating buying a SCO license, ask yourself: "Is that REALLY what I intended to to?"
  • by mobiGeek ( 201274 ) on Monday September 08, 2003 @07:27PM (#6905703)
    As of Tuesday [Sept. 2], we actually began making the license available. Selling it and mailing it to someone is not something we've actually done as yet, but as of today we are able to do that.

    So let's see if I get this right: people are willing to buy a license without actually being able to read it ?? I mean, isn't this the root of the entire problem in the first place: a mis-understanding or blatant ignorance of licensing rules?

    Yikes!

  • Viral fantasies? (Score:5, Interesting)

    by wytcld ( 179112 ) on Monday September 08, 2003 @07:30PM (#6905716) Homepage
    SCO claims anything that touches OS code they once sold licenses to is now owned by them; Microsoft claims that anything that touches OS code GPL licensed is now owned by the GPL. Note Microsoft's concocted nightmare of viral ownership is the same thing SCO's trying to pull off - not the GPL reality but Microsoft's cracked mirror of it.

    The danger here is that SCO is not trying to make a claim contrary to the GPL model, but is trying to present a claim that is arguably isomorphic with part of the GPL's own claim, so that SCO either wins (not at all likely) or loses in a way that potentially weakens part of the GPL structure, providing that future courts look back on this case and see it as a precident against licensing giving an ownership right to derivative works.

    Which would be exactly why Microsoft has put them up to this; and why it's far more than a pump-and-dump.
  • by tjstork ( 137384 ) <todd.bandrowskyNO@SPAMgmail.com> on Monday September 08, 2003 @07:43PM (#6905794) Homepage Journal

    Dear RIAA,

    It has come to our attention that D McBride is using this SCO product to build file sharing technolgy at a mega level. He has secretly assembled a complete catalog of some 472,000 songs that he will offer via his web site.

    Dear SCO,

    It has come to our attention that Capitol Records is using 4500 copies of Linux to run their offices with.
  • by weave ( 48069 ) on Monday September 08, 2003 @07:56PM (#6905863) Journal
    Actions speak louder than words...

    Insider Tearsheet for the week ending September 06, 2003 [thomsonfn.com]

    Even the insiders don't have faith in this crap. They are selling, not buying.

  • by bstadil ( 7110 ) on Monday September 08, 2003 @08:36PM (#6906132) Homepage
    The Clown from SCO published an open Letter [linuxworld.com] today aimed at the OpenSource community.

    I could only manage the first few lines but some brave soul might be able to read the whole drivel.

    • OK so I read it all, although breakfast stood a good chance of making a second appearance I managed it.

      All I can say is the more that I read from Mr McBride the harder I think it must be for his staff to hear him with his head rammed that far up his arse. For instance:

      But in the last week of August two developments occurred that adversely affect the long-term credibility of the Open Source community, with the general public and with customers.

      The first development followed another series of Denial of Se
  • by mykepredko ( 40154 ) on Monday September 08, 2003 @09:15PM (#6906328) Homepage
    I've worked with our (Celestica) corporate procurement folks on a number of software licenses and if our company is in any way representative, SCO will wish it just let this go business as usual and never thought they saw an opportunity to make some bucks from Linux users.

    Before Celestica would agree that licenses are appropriate, SCO would have to prove that they own the right to give them out. This will be interesting and while it is going on, the question will be asked are there any distributions that do not have the offending code and, from Celestica's perspective, could we wait for a distribution that SCO has no possible claim of ownership on?

    Next a costing agreement would have to reached in which Celestica, which builds systems is licensed for the systems used in house, built, tested but not shipped using Linux as well as built, tested and shipped with Linux installed would have to be presented with a bill that reflects the different uses within the corporation. As part of this, a monitoring agreement would have to be put into place. Oh, did I mention that we built systems in every continent except Africa and Antartica?

    Before any cheques would be written, a service agreement would have to negotiated. This is great news for somebody like me - we will not buy software licenses without any terms of support that goes with it.

    Finally, an MOU regarding confidentiality would have to be in place between Celestica and SCO so that before new and unannounced systems are introduced to our manufacturing lines there is a process to set up a three way CITR between SCO, Celestica and the OEM to allow development and installation of manufacturing software. As part of this MOU, all existing relationships between SCO and their customers would have to be disclosed along with details so that we can make this process as painless as possible.

    Creating a software license of this scope will take us 9 months or more and will include a hefty legal bill for both parties. Our procurement people are pretty sharp and SCO will have a tough time negotiating a price that is more than a fraction of what the street price single processor Linux license will be despite the additional legal costs and support infrastructure investments that will have to be made as part of the agreement.

    "I pity the fools!"

    myke
  • Counterstrike (?) (Score:3, Interesting)

    by stwrtpj ( 518864 ) on Monday September 08, 2003 @10:09PM (#6906637) Journal

    Something I came across that may be of interest in this discussion. I considered submitting a story on this, but rather than risk it getting rejected, I'll just mention it here.

    ESR may have something up his sleeve. Check out this article [eweek.com] on eWeek. ESR has apparantly come up with some program that can compare source trees at a phenominal rate. He's keeping mum on what he exactly intends to do with it, but he's wearing a mighty big grin.

  • by Klowner ( 145731 ) on Tuesday September 09, 2003 @12:12AM (#6907268) Homepage
    try this handy script in case they actually answer the phone ;)

    SCO Slave: "Hello, Thank you for calling SCO, owner of %110 of Linux sources, how may I own^H^H^Hhelp you today?"

    You: "Yes, I was considering going for a walk, and I was curious if you own my legs."

    SCO Slave: "Why yes we do, we own your right leg. You're required to sign up for our $50,000 right-leg usage license."

    You: "Alright, so, after I pay for my leg, I'll be able to do what?"

    SCO Slave: "oh, you'll be able to go for a walk, and continue using your legs like you used to."

    You: "Legs? I thought you said my right leg."

    SCO Slave: "Of course not, we own both your legs, and as I said before, the license fee is $70,000."

    You: "But I grew these legs myself!"

    SCO Slave: "Our research has determined that your legs contain parts stolen from our leg product"

    You: "What?"

    SCO Slave: "Your legs contain our patented 10-Toe module, as well as the version 3 rotating ankle."

    You: "Alright, so if I pay $70,000 for the use of my legs, you'll leave me alone."

    SCO Slave: "That's right, $100,000 for the use of your legs and torso."

    To find out how the story ends, call them yourself, and share you results!


    Klowner
  • by Frodo420024 ( 557006 ) <henrik@nOspam.fangorn.dk> on Tuesday September 09, 2003 @01:36AM (#6907570) Homepage Journal
    I've got this guy to read my inquiery. He probably doesn't like my request that they resolve their 'details' before any payment can take place :)

    Hans Bayer: hansba@sco.com

    I've written a lengthy letter that starts like this. E-mail me for full text:

    Thank you for your reply. I shall fill in my details and will expect you to fill in yours.

    My in-use Linux distributions are:

    Caldera OpenLinux 2.4, running a straight file- and printserver. I was given the installation CD at a conference with no restrictions on use or requirements for license fees, and being published under the GNU GPL, I assume that no additional license fees apply. I am considering changing this, since you seem not to be upgrading this product further - which means that support for USB and other new technologies is spotty at best.

    RedHat 8.0.94, running kernel 2.6-test4, AMD Athlon workstation. This is a public beta downloaded from the Internet, and updated with the latest kernel from www.kernel.org. It is a kernel build without SMP, thus RCU is not in use. NUMA does not apply to the i386 platform. It does use the Ext3 journaling file system, but since this has been developed as an extension of the legacy Ext2 FS, and independently of the JFS from IBM, there is presumably no SCO IP involved here. The heritage of IBM's JFS is being discussed on the Internet, no need to go into details here.

    The first piece of code you presented at the recent SCO conference has been removed earlier by the Linux kernel programming team, as it was shown to be of too poor quality for a modern OS. The second piece was developed independently from published specs by a person never exposed to the Unix source code - it must be a mistake that your chose this, thus I'll give it no further consideration.

    Summing up, I assume that you have no code in this kernel, and thus that no licensing fees will apply. If you differ on this, please let me know the details (modules / file names) and I'll look into not compiling it in, or having it replaced by new code.

    SuSE 7.0 Personal, boxed, running on a Pentium-based laptop. Since you have a joint project with SuSE to develop UnitedLinux, SuSE customers should (according to SuSE) be free from any additional licensing. This is currently running kernel 2.5.70, and I offer you to remove any SCO IP from the kernel. All I need to know is which elements of the kernel are in question.

    Furthermore, I'm planning to set up a web/ftp server, based on Pentium (possibly dual CPU). At this time, I'm undetermined which Linux distribution/kernel version to use, and I am curious about which ones can be used without violating any IP problems. Therefore, I kindly ask your advice on the subject. Please be specific, however, any claims without sufficient details to investigate the matter will be disregarded. We intend to use only code that has been legally licensed and is free to use.

    Since the pricing of your SCO IP Licenses is set quite high, I am mainly interested in removing any and all SCO IP from our computers, which should resolve the matter completely. Therefore, I ask you in good faith and well in advance of any court decision to provide me with details on how to do so. Please also note that all code in the Linux kernel has been licensed to me under the GNU GPL by the copyright holders. I consider my licenses to be complete and covering - if you have an IP issue, I think you should contact the individual copyright holders first, to clear out any problems. Since IBM has taken the SCO Group to court for breach of the GPL, any licensing issues will of course be pending the courts opinion on the matter.

Understanding is always the understanding of a smaller problem in relation to a bigger problem. -- P.D. Ouspensky

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