IBM Ordered to Show More Code to SCO 376
editingwhiz writes "Bob Mims of the Salt Lake Tribune has the scoop straight from the courthouse steps: 'A federal magistrate has handed a partial victory to Utah's SCO Group, ordering computer giant IBM to turn over more of its Linux operating system-related program codes. U.S. Magistrate Brooke Wells' ruling, released just minutes after Salt Lake City's federal courthouse closed Wednesday, came in the Lindon software company's contractual suit stemming from Big Blue's alleged distribution of Linux applications purportedly tainted with SCO's proprietary Unix code.' If at all possible, SCO's going to be even more insufferable now -- it has a glimmer of hope."
On the bright side... (Score:2, Funny)
Re:On the bright side... (Score:5, Informative)
btw- Magistrate != Judge
I'm not sure Judge Kimball would have agreed to SCO's motion, but I'll give the Magistrate credit for this zinger:
We're gonna need a bigger boat (Score:2, Funny)
PS : Didn't SCO claim that they had print outs of all the copied code, that they could show anyone who signed an NDA? Why do they need to search any more of IBM's codebase.
Even more code? (Score:5, Funny)
Re:Even more code? (Score:5, Insightful)
Re:Even more code? (Score:5, Interesting)
NOW SCOG/Caldera's lawyers have told the judge - "nope we can't find any infringements here, we need more" and the judge has ruled that they can have every version of AIX and Dynix which ever existed in version control including all notes made by anyone who worked on the project.
This is just another delay... in part because IBM's defence was that producing all the version controlled source was too hard and would take to long. Now they have to work hard and take long or get branded as liars. They'll probably just run through source control, and for ever single commit they will burn a stack of source code CDs. I expect that will run to a few truckloads of CDs which SCO/Caldera will then decide will take years to sift through... and blah blah blah the glacial US legal process drags on until SCO runs out of money.
But never fear! Even if there is code there which ended up in Linux, they don't have a prayer. IBM owns a developers license to Unix (bought from AT&T) to modify Unix and sell it as its own product AIX. SCO (which bought the license rights) says the license also says that new code IBM has added to Unix to produce AIX cannot also be donated to Linux, but that's just plain nuts. If they write B and insert it into A, how can the license agreements with A prevent you from adding the same code to your own product C?
Re:Even more code? (Score:2)
Licences are strane things boyo. I once heared of a licence that extended to all derived works. So if I licenced product A under this licence, and created derived product B from it, and put code I had written for product B into product C, the C would have to be licenced the same as product A.
I bet you've heared of this licence yourself. It's ca
Re:Even more code? (Score:5, Informative)
If you yourself wrote product A and B, you can relicence your code for product C any way you want.
OTOH, if *I* take code from your product A to make product D, then yes product D has to be GPL.
Re:Even more code? (Score:3, Informative)
Re:Even more code? (Score:3, Insightful)
No. You own the copyright to whatever code you wrote, and can do what you please with it. However, you cannot take code belonging to someone else, l
Re:Even more code? (Score:5, Informative)
The code they are alleging was copied however, was written by IBM, but incoporated into AIX and Dynix before being put over to Linux. So what it comes down to, and what is being tested in court is whether the Sys-V contracts that mention control of code can be extended to other code that is later incorporated into IBM's derived product.
Re:Even more code? (Score:2)
Re:Even more code? (Score:5, Insightful)
What is seems is that IBM may have gotten System V from SCO and then added some features that were original creations of IBM (to create AIX/Dynix). IBM is then alleged to have given those new features to Linux. SCO is claiming they own those "new" features created by IBM because of some wording in the System V contracts.
Now, we can all reasonably conclude that this is stupid; if I buy a car and design a new fin for it, then sell the fin design to others, the car companies don't claim the fin design is their property. However, when we purchase a car we don't sign a "derivative works" contract with the car dealer or manufacturer.
The way I see it there are a couple of things that could happen. One is that the original contracts may be found to say that derivative works are property of SCO, in which case IBM did not have the right to give them away for use in Linux - and I would say IBM was dumb to sign such a contract and should legally pay. However, even if the contract was written for that scenario, the court might find that such a provision is "unreasonable" and is void (similar to the car example). Another way it could go is that IBM somehow took code that it did not originally create but thought it owned and contributed it to Linux. This is a little more tricky because it's basically an "oops, we didn't read the original contract correctly".
Out of those scenarios, the latter is the worst because it would mean that [Linux] is infringing. In the former case, either SCO owns the derivative works or doesn't. I would argue that, if SCO is found to own the derivative works, IBM charges them some large amount of money for the development of those new works. Probably to the tune that SCO is filing in the suit, since that is the apparent value on those features. After all, IBM did not develop those features gratis for the benefit of SCO!
All in all, I think all sides (SCO, IBM, the Linux crowd) are focusing on the wrong things here. Litigation never added value to society at all and sucks up resources. I definitely agree with the camp that thinks SCO would be better off devleoping product than litigating.
Re:Even more code? (Score:3, Insightful)
That's where you're wrong. Apparently SCO is not able to develop a competitive product. For them (strictly for them) at this point litigation is the better option. The alternative would be to fold up and die.
For the society in general, it is a different story
Re:Even more code? (Score:3, Insightful)
On the contrary, litigation has added MASSIVE value to society. Without litigation, you'd be pledging allegiance to Standard Oil every morning. That is, if you haven't already been killed by a shoddy, fraudulently-marketed product or poisoned by chemicals leaching into your drinking water.
Re:Even more code? (Score:3, Interesting)
So, bottom line appears to be that all SCO really needs is to do a direct source-code to source-code comparison then weed out stuff they can't possibly claim ownership (such as BSD
Uhm... (Score:5, Funny)
Doesn't SCO know about kernel.org?
SCO loses the waiting game (Score:5, Interesting)
Re:SCO loses the waiting game (Score:2)
This is a personal win for Darl, since he will continue to get his million dollar SCO CEO salary for a little bit longer.
Re:SCO loses the waiting game (Score:2)
No, its perfectly acceptable delay for SCO to ask IBM if they can see more of Linux code.
WTF? I thought Linux was open source? Maybe the article meant to say AIX code.
I would not weigh too much with this article besides this. Looking at one of their advertiser's, one of those fraudulent diploma mills, I doubt they have too much credibilit
Re:SCO loses the waiting game (Score:2)
Yes it did, I think that SCO were asking for any code which is connected to AIX in any way. This really isn't about Linux at all it's about SCO accusing IBM of breaking it's Unix SYS V licence by incorporating code which may be in some way derivitive from SYS V code into something else. It just so happens the something else is Linux.
I think the judge has ordered this extra discovery largely to shut up SCO's whining that valuab
Gone and almost forgotten (Score:2)
Bye bye SCO is all I can say, they could have made a packet selling a decent enterprise Linux but they preferred the easy route to raising share price.
Re:SCO loses the waiting game (Score:3, Insightful)
You're not joking. Talk about a dumb move.
Repeat after me: You do NOT try to play the waiting game against the 800 lb. gorilla who out-waited the U.S. GOVERNMENT!
Ummmm (Score:3, Funny)
Re:Ummmm (Score:2)
"Wells refused to grant SCO complete review of all of the IBM programs it listed, but threatened to grant "unfettered access" in the future if IBM fails to provide all data - including approximately 2 billion lines of code - from its AIX and Dynix systems."
Re:Ummmm (Score:3, Informative)
Now's the time to sell. (Score:5, Funny)
Re:Now's the time to sell. (Score:5, Insightful)
You know, you're probably joking but you do have a point.
Perhaps the whole point of this was to have an increase in SCOs stocks so that folks have the opportunity to dump and jump the ship.
These days when laws are written by the rich and bought over by the powerful, you never know =)
Re:Now's the time to sell. (Score:3, Insightful)
Your comment implies there was a time when it was any other way.
The person who has the gold has ALWAYS written the rules.
Re:Now's the time to sell. (Score:2)
Wonder why we bother with all the equality and all that bullshit, though.
Re:Now's the time to sell. (Score:2)
Nothing to see here really (Score:5, Informative)
Finally, it has arrived, Judge Brooke Wells' Order on SCO's Motion Re Discovery. It's annoying because she enables more delay, but other than that it is a pretty normal discovery order. SCO doesn't get access to CMVC, they do get more code and they get not all programmers' notes but some. She postpones any decision on production of documents from top managment. Keep in mind, she isn't the trier of fact. That is Judge Kimball. She is the Magistrate, so it's not her job to decide who is right or wrong. Her job is simply to make sure everybody's cards are on the table.
Re:Nothing to see here really (Score:3, Interesting)
I'm hoping that since Wells has likely been advising with Kimball on this that Kimball's decision will come soon on IBM's PSJ motion. I'm also hoping that goes in IBM's favor since it would pretty much kill all of SCO's other lawsuits.
--
Join the Pyram
Guilty until proven innocent? (Score:5, Insightful)
Re:Guilty until proven innocent? (Score:2)
Re:Guilty until proven innocent? (Score:3, Informative)
Re:Guilty until proven innocent? (Score:3, Insightful)
As far as suing anybody for anything, that's only partly true. Lawyers can be (figuratively) tarred an feathered for initiating a suit they know to be wrong. So, you may want to sue, but lawyers tend to have to perform a little CYA first.
Re:Guilty until proven innocent? (Score:2)
Re:Guilty until proven innocent? (Score:2)
From all appearances, it seems that SCO is no longer trying to show that Linux contains any actual copied code. In the IBM case, SCO is desperately trying to find anything that m
meanwhile... (Score:5, Insightful)
So IBM turns over some code, and SCO says "yep, all of that is an infringement, pay up!" How do we know otherwise?
Re:meanwhile... (Score:2)
You don't.. (Score:3, Insightful)
Kjella
Re:meanwhile... (Score:3, Insightful)
It's simple (Score:5, Insightful)
Uhh Darl, you're fifteen minutes are up.
Re:It's simple (Score:5, Funny)
Actually, when it's a scam like this, it's usually spelt "phishing".
BSD...... (Score:2, Offtopic)
However those headless macs do look kinda nice for those of us that prefer/require small foot print computing.
I don't think this means much, except that SCO buys themselves a little respite from the inevitable.
It's not about linux kernel (Score:5, Informative)
If Ya Want It... (Score:5, Funny)
Then print it on standard paper.
Hey, SCO, you might wanna bring a truck.
In BINARY (Score:2)
Make sure to print the code in binary representation. Hey, the printing will denude all the forests of the western hemisphere, but it is worth it to stick it to ol' SCO.
Re:In BINARY (Score:3, Insightful)
Re:In BINARY (Score:3, Funny)
Me: Sacking and Pillaging the SCO offices
Customs Officer: Sorry, I think their lawyers just left with the last of the valuables. But feel free to go look for yourself...
Re:In BINARY (Score:2, Funny)
Re:If Ya Want It... (Score:2)
I'd guess that they'll have a requirement for a reasonable delivery method but thinking about making it difficult adds to the humor.
Re:If Ya Want It... (Score:3, Funny)
Re:If Ya Want It... (Score:2)
Straight from the courthouse steps? (Score:2)
sPh
Suspicious (Score:3, Funny)
Re:Suspicious (Score:2)
On the Upside (Score:2, Insightful)
Well, as much as this annoys me, Judge Wells is right. SCO gets to look at still more code, but when they still don't find anything, SCO will have nothing left to say. There's nothing there there, and this order ought to establish that fact once and for all.
No Copyright Code in Linux (Score:5, Insightful)
This request is to support SCO's weird derivative tale that despite AT&T contracts saying IBM was free to develop code, Novell waiving the rights, and testimony from various people that IBM is bound by contract such that any code that touches SCO code is still controlled by SCO.
Ah, a new profit scheme (Score:2, Funny)
2. Have the judge force them to turn their proprietary code over to you.
3. Copy their code into your programs.
4. PROFIT!
Transcript of the order (Score:3, Informative)
I think the order is outrageous personally. IBM's being ordered to produce all versions of AIX and Dynix along with notes, whitepapers, and all that fun stuff. This is going to be a mountain of code and documents considering that AIX is 20 years old.
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Re:Transcript of the order (Score:3, Funny)
Victory? (Score:2)
LK
Can we stick to "source code" (Score:3, Insightful)
Thank you.
Re:Can we stick to "source code" (Score:2)
Guilty until... (Score:2)
Now prove that you're not, and give them your trade secrets in the process.
Re:Guilty until... (Score:3, Informative)
1. This is a civil case. Guilt and innocence have nothing to do with civil cases.
2. SCO has no access. SCO's lawyers (and the people they hire) have access, but a previous decision prohibits anyone from SCO getting a look.
Of course now others will rant about SCO's lawyers sneaking stuff to SCO, but that's nothing but conspiratorial horseshit.
Banky Edwards (Score:2)
Could this strategy be reused? (Score:2)
Hmm... any takers?
This could be fun. Lets Open Source Windows!
The Chinaman is not the issue, Darl! (Score:5, Insightful)
I mean, in order to know there is infringement, you'd have to have already figured out what part of the code was "stolen", right?
Re:The Chinaman is not the issue, Darl! (Score:5, Informative)
Yes, it sounds ridiculous. And note that for it to make even the semblance of sense you have to totally ignore all the public claims SCO has made about knowing that there's copied code.
Re:The Chinaman is not the issue, Darl! (Score:3, Interesting)
Some Encouragement for SCO (and something bizarre) (Score:5, Interesting)
The magistrate (who is presiding over pre-trial discovery, not the trial, where a judge will be in charge) noted that the contract between SCO and IBM may well give SCO more rights to the code than copyright law does. Thus IBM might be liable to SCO for putting code in Linux that doesn't violate any copyright SCO may have. IOW, Linux would be OK, IBM would not.
Another theory advanced by SCO that the magistrate did not dismiss out of hand is the possibility that internal IBM AIX and Dynix code changes may show a path between SCO code and Linux. IBM has been contending that if a bare comparison between Linux and SCO code shows no obvious copying, anything IBM did internally is irrelevant.
The bizarre bit is a footnote paying tribute to New York Giants football player Mel Hein that (to mix sports metaphors) comes from way out in left field. It's also ungrammatical ("He played 15 seasons going 60 minutes a game without nearly any rest"), which I'm definitely not accustomed to seeing in Federal court orders.
Re:Some Encouragement for SCO (and something bizar (Score:3, Interesting)
As for SCO's theory of copyright, well, SCO would have to own the copyright first (it doesn't, Novell does). Then, they'd have to find their so-called path, which doesn't exist. If it did, they'd have found it in t
Dual edged sword (Score:2)
The good news is that maybe, perhaps, they'll be able to find something somewhere in a line of code and go "ah-ha! We've caught you!"
There's just one problem: if there was something to catch, SCO would have used it by now.
Is the code in Linux? So far, SCO's been unable to show any proof, and what "proof" they've tried to bring in (like "malloc.c" code) has been proven so wrong that they've given up trying to convince the public.
Is it in AIX (other th
As far as I can tell... (Score:3, Insightful)
Re:As far as I can tell... (Score:4, Informative)
Their theory of derived works is totally at right angles to reality. That isn't the way it works. However, Judge Wells is not permitted to smack them down. That falls to Judge Kimball (the trial judge) and, perhaps, a jury.
This is an annoying delay but really isn't going to change the outcome of the case.
Redefining victory (Score:3, Insightful)
If the Bushies want to do something about abusive litigation why don't they start with this case?
/S/ o /C/ lose to /O/ pen (Score:3, Funny)
Another huge victory for MSFT (Score:3, Insightful)
This ruling will insure endless delays. Which means the legal cloud over linux will remain for years to come. All the while "independant" tech analysts like Yankee Group will be cranking out articles about the overwhelming legal risks inherent in F/OSS.
The scox-scam is the one of the best investments msft has ever made. $50MM for all that FUD is one hullva bargin.
This'll Make the Lawyers Happy (Score:2)
Re:IBM should just pay them off (Score:5, Insightful)
Re:IBM should just pay them off (Score:2)
Re:IBM should just pay them off (Score:3, Insightful)
And this is different than a protection racket how?
You pay them and they never go away. They get stronger and start squeezing others. I'd rather see them wither and die. It's well known how the problem grows. Ever been to Yellowstone National Park. Why do you think there are "don't feed the bears" signs everywhere?
If you feed the bears, they simply become a big problem.
Re:Linux is open-source (Score:2)
Caught in
Opensource
Re:Linux is open-source (Score:2)
Re:Plain english (Score:3, Insightful)
Seriously, this was reported in the Salt Lake Tribune? Anyway, enough preamble. This isn't a 'victory' for SCO, as reported. This is the judge partially granting a request for more discovery. Which means that SCO gets more delay, hence the 'victory' part.
Anything more is just fluff.
As much as I hate to admit it.. (Score:4, Insightful)
A) irrelevant to the case
B) something they asked for
C) onerous for IBM to produce, and
D) something IBM didn't want to give them (because it's irrelevant to the case, as well as onerous to produce.)
Yes, we all know that SCO is going to use this as a delay. First, it will take IBM a long time to produce it, and as soon as IBM hands it over, SCO's gonna request *more* time, because it's too much for them go through in the remaining discovery period.
Re:Plain english (Score:4, Informative)
Groklaw [groklaw.net] of course has more.
Re:Go R. Enderle!!! (Score:2)
Re:Turn over? (Score:2)
Re:The neverending story (Score:2)
Or to put it another way, let them do discovery now if it prohibits an appeal later.
Re:a little bit of light reading (Score:2)
Re:a little bit of light reading (Score:2)
Re:Sure, but... (Score:2)
Re:#inlude (Score:2)
i would have replied to myself, but due to
i meant #include (stdlib)
im not sure if stdlib is correct for c, ive never ever written anything in c.
Re:Can somebody please tell me what does this mean (Score:2)
IBM has lost nothing except a little time and effort producing this extra code for them.
Given that they already all the code for the current versions of AIX and don't seem to have found anything in that it's not too likely they find anything in all the code which didn't make it into AIX.
Even if they do find what they consider to be illegal code they will still have to prove that the contract does not allow IBM to use work it has created it's self ho
Re:Is it just me... (Score:2)
Their theory appears to be that although they apparently can't find any code they own in Linux IBM has access to that code and may have used code a bit like it in their AIX which was then altered again and found it's way into Linux.
2. Why do they need to see more of IBM's code if they knew it was violating? Doesn't that go against logic that if they knew IBM's code was violating their IP that they wouldn't need IBM to p
Re:Is it just me... (Score:3, Informative)
They're really only sure in the press. In court, where facts are actually analyzed for truth, the story is a lot different...
The theory they're running with is that the code was inserted into AIX/Dynix a long time ago, and eventually worked its way into Linux, but over many revisions in the interim changed so that it no longer looks like the original SysV cod