Linux and 80 lines of stolen code??
[ --- Article from http://www.eetimes.com/sys/news/OEG20030606S0039 --- ]
Linux-Unix ties spelled out
By Charles J. Murray
EE Times
June 6, 2003 (5:08 p.m. ET)
PARK RIDGE, Ill. — SCO Group revealed the foundation of its legal battle with the Linux community, when it rolled out evidence of large blocks of Linux code that it contends were stolen from Unix. Analysts who saw the samples of the allegedly stolen code said the evidence is damaging and that SCO Group has a formidable legal case.
“If everything SCO showed me today is true, then the Linux community should be very concerned,” said Bill Claybrook, research director for Linux and open-source software at the Aberdeen Group (Boston).
If SCO (Lindon, Utah) prevails in its legal efforts, many observers believe the action could, at best, result in hundreds of multimillion-dollar licensing payments from Fortune 1000 companies and, at worst, damage the foundation of open-source software.
The revelations by the SCO Group Wednesday (June 4) followed a turbulent week in which the company exchanged both allegations and counterallegations with Linux supporters and with Novell Inc. (Provo, Utah), which has proclaimed in an open letter that SCO doesn't own the copyrights and patents to Unix, the operating system Novell sold to SCO in 1995.
SCO's revelations also served as a response to the Linux community, which has complained over the past two months that it doubted SCO's contentions of theft because the company had not publicly disclosed evidence to support its claims.
Claybrook and another analyst who had been given an opportunity to see examples of the alleged theft said the blocks of Unix and Linux were strikingly similar. The two blocks of software, they said, contained as many as 80 lines of identical code, along with identical developers' comments.
“One could argue that developers could write exact or very similar code, but the developers' comments in the code are basically your DNA, or fingerprints, for a particular piece of source code,” said Laura DiDio, a senior analyst with the Yankee Group (Boston), who viewed the evidence.
“It's very unlikely that code and comments could be identical by pure chance,” Claybrook said.
DiDio and Claybrook said they were given side-by-side copies of Unix and Linux code to compare. Neither was paid for the work, and both agreed that the evidence suggests SCO has a strong case in its $1 billion suit against IBM Corp. and in its scrap with the Linux community.
Linux supporters, however, were quick to question the meaning of the evidence. “Can SCO prove that this code came from SCO to Linux, and not from Linux to SCO?” asked Jon “Maddog” Hall, executive director of Linux International (Nashua, N.H.), a Linux advocacy organization. “Or did the code that's in SCO Unix come from a third source? Show me the facts,” he said.
SCO's battle with the open-source community grabbed headlines two months ago when it filed a $1 billion lawsuit in the state court of Utah against IBM, alleging misappropriation of trade secrets and unfair competition in the Linux market. In May, on the heels of that suit, SCO sent letters to Fortune 1,000 companies and 500 other businesses advising them to seek legal counsel if they use Linux.
SCO's actions angered Linux supporters, who allegedly deluged the company with angry e-mails, threatened drive-by shootings, and posted SCO's executives' home phone numbers and addresses on Web sites.
On May 28, Novell jumped into the fray, arguing that it never sold the Unix copyrights or patents to SCO when it consummated the Unix sale in 1995. In an open letter to SCO, Novell said, “Apparently you share this view, since over the last few months you have repeatedly asked Novell to transfer the copyrights to SCO, requests Novell has rejected.”
Novell assailed
In a subsequent news conference on May 30, SCO chief executive officer Darl McBride lashed out at Novell, restating SCO's claim that it owns the Unix operating system patents and implying that Novell has a hidden agenda for insisting otherwise.
“We strongly disagree with Novell's position and view it as a desperate measure to curry favor with the Linux community,” McBride said.
Last week's analyst revelations, however, cast the battle in a new light. Until the analysts weighed in, Linux backers had relied on the defense that no one had seen proof of the allegations. Most said they didn't understand why SCO had refused to release the alleged infringements for public scrutiny. Some said they viewed SCO's actions as a means to spread fear, uncertainty and doubt about open-source software.
But analysts categorically disagreed with that viewpoint last week. “SCO is not trying to destroy Linux,” said DiDio of the Yankee Group. “That's silly. This is about paying royalties.”
SCO contends that by co-opting code from Unix, Linux has severely damaged SCO's intellectual property. According to some estimates, the company collected annual revenue of between $200 million and $250 million on Unix System 5 software before the rise of Linux. After Linux reached the mainstream, those revenue figures dropped to about $60 million a year.
Because it believes Linux incorporates code that's been “stolen” from Unix, it has warned hundreds of companies to stop using Linux or start paying royalties.
“SCO's words were that Linux distributors and others who are using Linux are 'distributing stolen goods,' ” said Claybrook of Aberdeen Group.
Some companies, such as Sun Microsystems Inc., already pay hefty royalties to SCO for Unix. Two weeks ago, Microsoft Corp. joined that group when it agreed to pay royalties that were said to be “significantly in excess of $10 million,” one source said. Microsoft declined to comment on the details.
Facing a choice
Many observers believe SCO's case is bolstered by the fact that it is represented by high-powered attorney David Boies, who prosecuted the Microsoft antitrust case and represented Al Gore in the 2000 presidential election vote-counting scandal.
Analysts said IBM will be the first company to face a choice in the legal matter. “If IBM wants to cure this problem, they could start by buying all the appropriate licenses and then paying SCO a billion dollars,” Claybrook said. “But SCO now says that a billion may not be enough to cover their damages.” Users of Linux also face a decision about whether to ignore SCO's letters or pay for a license. Analysts said companies may face that decision as soon as June 13, the date on which SCO has threatened to terminate its existing Unix contracts with IBM.
Intellectual-property attorneys advise that companies that received a letter from SCO first determine whether IBM is indemnifying them, as users, against legal action.
IBM, for its part, has said it doesn't intend to respond to SCO's threat. “We believe our contact is perpetual and irrevocable,” an IBM spokeswoman said. “We've already paid for it, and there is nothing else we need to do.”
Whether the legal actions will harm Linux in the long run is still open to question, experts said.
The Linux community, unconvinced by SCO's actions, says it is still waiting for more solid proof that SCO really has a case. Most say that showing the alleged violations to a few analysts who sign nondisclosure agreements isn't enough.
“We still don't see the need for secrecy,” said Hall of Linux International.
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[ --- Article from http://slashdot.org/articles/03/06/1...id=106&tid=185 --- ]
An Anonymous Reader writes "Apparently someone inside SCO has stated that SCO(actually Caldera) copied Linux code into System V. They did it to build what they now market as Linux Kernel Personality - the ability to run Linux software on their Unix. Now, the open source community(of course they don't mention who) is jumping on this, because they didn't return the changes to the OS community or give the community credit. Of course, SCO says it's a misunderstanding and, get this 'SCO also never used any of the Linux kernel code.'"
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It looks like SCO want to make a lot of money with software that belongs to others, however if its true that this software belongs to SCO then the open source community has a big problem. If SCO wins in court an IBM has to pay then there's also a serious problem for linux users.
Re: Linux and 80 lines of stolen code??
"Claybrook and another analyst who had been given an opportunity to see examples of the alleged theft said the blocks of Unix and Linux were strikingly similar. The two blocks of software, they said, contained as many as 80 lines of identical code, along with identical developers' comments."
Lets crack MS-DOS open and see if that doesnt have a little Q-DOS in it...**** they even made a product called QBasic... Hmmmm, Maybe Linux should go over to the BSD kernel? hehe im all for a new Linux BSD style kernel, or use part of BSD. The BSD license if im not mistaken allows you to use te code freely or charge for it if you wrote something for it.
"One could argue that developers could write exact or very similar code, but the developers' comments in the code are basically your DNA, or fingerprints, for a particular piece of source code, said Laura DILDO, a senior anal retentive with the Yankee Group (Boston), who viewed the evidence."
uh huh, right. my ass.
"DILDO and Claybrook said they were given side-by-side copies of Unix and Linux code to compare. Neither was paid for the work, and both agreed that the evidence suggests SCO has a strong case in its $1 billion suit against IBM Corp. and in its scrap with the Linux community."
For all they know they were given a Linux kernel and a UNIX one with the new "Linux personality" to look at. **** if they want UNIX to have a ****ing Linux personality shouldnt they be trying to sue there own OS?
"SCO's battle with the open-source community grabbed headlines two months ago when it filed a $1 billion lawsuit in the state court of Utah against IBM, alleging misappropriation of trade secrets and unfair competition in the Linux market. In May, on the heels of that suit, SCO sent letters to Fortune 1,000 companies and 500 other businesses advising them to seek legal counsel if they use Linux."
For some reason traces off Bill Gate's semen were found on all SCO CEO lips.
"SCO's actions angered Linux supporters, who allegedly deluged the company with angry e-mails, threatened drive-by shootings, and posted SCO's executives' home phone numbers and addresses on Web sites."
**** there lucky I don't know where they live. I'd go BOFH on them. and then id kick the **** out of one of em just to feel better..... EVERYONE ON AO, SEND ME DONATIONS, I AM GOING TO BUY THE RIGHTS TO UNIX AND SCO TO SHUT THESE *****S UP AND THEN IM GPLin IT.... Gore Public License :flip:
"On May 28, Novell jumped into the fray, arguing that it never sold the Unix copyrights or patents to SCO when it consummated the Unix sale in 1995. In an open letter to SCO, Novell said, Apparently you share this view, since over the last few months you have repeatedly asked Novell to transfer the copyrights to SCO, requests Novell has rejected."
*Sco: **** THERE RIGHT WE DONT HAVE IT!!!!!.. hey Nov send us a copy so we know your not lying and so we can wright our name on it and show it in court!!*
"Last week's analyst revelations, however, cast the battle in a new light. Until the analysts weighed in, Linux backers had relied on the defense that no one had seen proof of the allegations. Most said they didn't understand why SCO had refused to release the alleged infringements for public scrutiny. Some said they viewed SCO's actions as a means to spread fear, uncertainty and doubt about open-source software."
LOLOLOLOL yea let this go to court, as soon as the "evidence" is shown it becomes something you can copy for the sake of putting on the news or whatever.
"But analysts categorically disagreed with that viewpoint last week. SCO is not trying to destroy Linux, said DiDio of the Yankee Group. That's silly. This is about paying royalties."
And learning how to swallow....****ers.
"SCO contends that by co-opting code from Unix, Linux has severely damaged SCO's intellectual property. According to some estimates, the company collected annual revenue of between $200 million and $250 million on Unix System 5 software before the rise of Linux. After Linux reached the mainstream, those revenue figures dropped to about $60 million a year."
Umm. ONLY 60 million a year???????? This is really pissing me off. I know there a damned business...sort of. But **** of course they lost money when something just about as good and in some cases better comes along FREE.
"Because it believes Linux incorporates code that's been stolen from Unix, it has warned hundreds of companies to stop using Linux or start paying royalties."
And at this moment in time Bill gates experianced his first orgasm.
"Some companies, such as Sun Microsystems Inc., already pay hefty royalties to SCO for Unix. Two weeks ago, Microsoft Corp. joined that group when it agreed to pay royalties that were said to be significantly in excess of $10 million, one source said. Microsoft declined to comment on the details."
Microsoft?? get in on a deal thats trying to ruin Linux? NOOOOOO! NEVER!!!!!! HAHA yea they "paid roaylties" alright...why do i get that feeling this is all a fuking conspiracy? Declined details? What details? "yea you take it in the ass this week and next week I give the golden ass tickler and the spacey rim job"
"Facing a choice"
Do we say APRIL FOOLS!!!! yet? Or do we screw Microsoft and tell the world how they put us up to this? I'm about to make a choice too. I have an actual store bought UNIX CD...WHO WANTS A COPY? SEND A PM IF YOUD LIKE A BURNED COPY OF UNIX. **** i might get put in jail for it but anyone who knows me, knows that even if i do get put away for software piracy, before i get locked up ill at least make SCO look like the dumbest *******s on earth. HAHA, as soon as I was put on the stand so they could question me, all you would hear would be "OBJECTION!" lololol. How much **** is UNIX gunna cause?? they already had Free BSD in court over the same ****ing ****. DIDNT WORK DID IT?
"Many observers believe SCO's case is bolstered by the fact that it is represented by high-powered attorney David Boies, who prosecuted the Microsoft antitrust case and represented Al Gore in the 2000 presidential election vote-counting scandal."
HMMMMMMM sounds even more fishy...like herring...Time for Tux to eat it up now.
"If IBM wants to cure this problem, they could start by buying all the appropriate licenses and then paying SCO a billion dollars"
Wait.... All i need is a billion dollars to tell them to shut the **** up?
"But SCO now says that a billion may not be enough to cover their damages."
Or there asses if they ever come to Michigan.
"Users of Linux also face a decision about whether to ignore SCO's letters or pay for a license."
HAHAHAHAHAHAHAHAHA tough choice, I think I already know my decision.
"Analysts said companies may face that decision as soon as June 13, the date on which SCO has threatened to terminate its existing Unix contracts with IBM."
Oh well, go to the BSD kernel.
"IBM, for its part, has said it doesn't intend to respond to SCO's threat. We believe our contact is perpetual and irrevocable, an IBM spokeswoman said. We've already paid for it, and there is nothing else we need to do."
LOL talk about tellin em to go suck a **** lolololol, I might buy an IBM Laptop or desktop just for that line lol.
"Whether the legal actions will harm Linux in the long run is still open to question, experts said."
Yea like..Damn Tux what you gunna do with all that money since SCO didnt GPL **** from YOU?
"An Anonymous Reader writes "Apparently someone inside SCO has stated that SCO(actually Caldera) copied Linux code into System V. They did it to build what they now market as Linux Kernel Personality - the ability to run Linux software on their Unix. Now, the open source community(of course they don't mention who) is jumping on this, because they didn't return the changes to the OS community or give the community credit. Of course, SCO says it's a misunderstanding and, get this 'SCO also never used any of the Linux kernel code.'"
Hmmm, I have A wide array of OSs, I have everything from BeOS to BSD to Linux To actual UNIX...I also have Caldera Linux...like i said before, lol who want some?
A final note from gore:
**** SCO.
Yeah.. ahemm.. yeah.. k.. right.. so ?
Seems SCO upped the stakes by 300% ;)
Quote:
The amended suit also asserts that SCO holds copyrights to Unix, a point that could be key in future Linux and Unix litigation. Novell, which owned Unix intellectual property before selling it to SCO's predecessor, initially disputed SCO's ownership, but later relented.
a good story also starring Linus Torvalds ( he just joined OSDL )
ow and IBM's comment (16-06-2003) on the cancelation of the AIX license
thx to www.lwn.net
