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Caldera Operating Systems Software Unix

Latest SCO News 787

SCO has discovered an amendment to their contract with Novell that may clarify that they did purchase the copyright to System V after all. Heise has an interview in German with a former employee. Cringely says SCO probably was responsible for any duplicated code itself, with a theory that is quite plausible. One non-programmer corporate analyst has looked at SCO's alleged evidence. And SCO has another press conference today.
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Latest SCO News

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  • I've had enough (Score:4, Interesting)

    by bsharitt ( 580506 ) <(moc.ttirahs) (ta) (tegdirb)> on Friday June 06, 2003 @10:49AM (#6131804) Journal
    At first I wanted IBM to bury SCO in court, but now I wish they would just buy hem out to get this over with.

    • Re:I've had enough (Score:5, Interesting)

      by Lord_Slepnir ( 585350 ) on Friday June 06, 2003 @10:55AM (#6131880) Journal
      At first I wanted IBM to bury SCO in court, but now I wish they would just buy hem out to get this over with.

      Amen to that. Here's what I would do in IBM's position.

      1) Buy out SCO. Hostile style. Buy up enough of the stock to have them vote to merge under IBM.
      2) Fire the entire board of directors. A severance package of one pack of oreos and cab fare
      3) ??????
      4) Profit....or at least not losing money on this crap, which is the next best thing.

      The things SCO didn't realize is that while it is possible for a mouse to annoy an elephant, sooner or later the elephant will just stomp, and all the elephant will think of it will be "how do I get these mouse guts off of my foot"

      • Re:I've had enough (Score:4, Interesting)

        by arivanov ( 12034 ) on Friday June 06, 2003 @10:58AM (#6131913) Homepage
        Fire the entire board of directors. A severance package of one pack of oreos and cab fare

        No need for. Skip the severance package under a breach of contract clause. As the contract sure says something about "protecting the interests of the shareholders". And if the majority shareholder objects... Hm....
        • Re:I've had enough (Score:5, Insightful)

          by Zathrus ( 232140 ) on Friday June 06, 2003 @11:18AM (#6132152) Homepage
          That's not breach of contract since the board was clearly acting in the interest of shareholders at the time of the suit. A hostile takeover is not a cheap thing, and getting 10x your face value for the shares makes it hard to argue otherwise.

          Now the majority shareholder could order them to cease and desist, and if they didn't do so could have them fired and file breach of contract, but that's not going to happen.

          In fact, despite all the talk about buying SCO out, that's not likely to happen either. According to Yahoo! [yahoo.com] insiders and 5%+ owners own 68% of the company. If insiders own over 50% then a hostile takeover is impossible without someone defecting -- and those trades are usually limited by SEC rules in the first place. This is why hostile takeovers have become a thing of the past - companies have learned that having the majority of shares being held by employees, along with SEC trading restrictions, make hostile takeovers very, very difficult.
      • Re:I've had enough (Score:5, Insightful)

        by Artifex ( 18308 ) on Friday June 06, 2003 @11:09AM (#6132050) Journal
        Amen to that. Here's what I would do in IBM's position.


        1) Buy out SCO. Hostile style. Buy up enough of the stock to have them vote to merge under IBM.
        2) Fire the entire board of directors. A severance package of one pack of oreos and cab fare
        3) ??????
        4) Profit....or at least not losing money on this crap, which is the next best thing.



        They'd be losing money based on the current overvaluation of the stock. Even if they fire the directors, they all walk out with pockets bulging from their stock options, etc., don't they? This path also encourages other frivolous or deceitful lawsuits against them.

        No, for substantially less, they should take them to court, stomp on them, drive their stock value into the ground, and make those guys feel pain in their wallets. This costs them less up front, keeps them from having to clean mouse guts off their feet, and certainly shows all the other little vermin that they need to make sure they have a real claim before going against the elephant.

        • by cgenman ( 325138 ) on Friday June 06, 2003 @11:23AM (#6132227) Homepage
          And after that take out a full-page ad in the Wall Street Journal listing the board of directors, their names, their addresses, and how much money they lost for SCO while contributing to it's demise. Plus any additional tidbits that might make them unemployable in the future.

          You can't just burn. You have to remember to salt.

      • Re:I've had enough (Score:5, Informative)

        by JordoCrouse ( 178999 ) on Friday June 06, 2003 @11:17AM (#6132136) Homepage Journal
        1) Buy out SCO. Hostile style. Buy up enough of the stock to have them vote to merge under IBM.

        Lets see. Lets look at our friend Mr. McBride. According to the SEC, he has 8,000 shares that he purchased at $1.13 (thats $9040). If IBM came in on a hostile takeover today, they would probably end up paying about $10 / share (the current price is $9.26, but a hostile takeover is usually a little higher). So, at $10 bucks a share, Mr. McBride is looking for a gain of $70,960 - all for nothing more than acting like a complete asshole.

        That to me sounds like a real good way to get out:

        1) No need for pesky proof
        2) Get rid of a operating system that drags down any company that owns it like a pair of concrete slippers.
        3) ??
        4) Much, *much* profit.

        IBM can handle the heat. I think they should call SCO's bluff and see what happens then.
        • Re:I've had enough (Score:5, Insightful)

          by JordoCrouse ( 178999 ) on Friday June 06, 2003 @11:21AM (#6132201) Homepage Journal
          I don't like to answer my own posts, but think I picked the wrong example before. Consider Mr. Thomas Raimondi, Jr (director). He got 32,885 shares at .01 / share!!! If you doubt SCO's intentions, go ahead and do the math yourself.

          • How the FUCK did the board justify a penny-per-share incentive package? Where's the fucking incentive? That asshole could sell Sun for a plateful of shit and still profit by hundreds-fold.

            It's time for shareholders to get angry. Really, really angry with jackass boards of directors who are intent only on lining their own pockets with gold. It's outright fucking theft.
      • Re:I've had enough (Score:4, Interesting)

        by Pharmboy ( 216950 ) on Friday June 06, 2003 @11:42AM (#6132406) Journal
        1) Buy out SCO. Hostile style. Buy up enough of the stock to have them vote to merge under IBM.
        2) Fire the entire board of directors. A severance package of one pack of oreos and cab fare
        3) ??????
        4) Profit....or at least not losing money on this crap, which is the next best thing.


        One of the articles (yea, some of us read them) actually pointed out a rather obvious 3) point, that is the goodwill generated if IBM were to GPL SCO's IP (god, more acronyms than the military).

        As a long time IBM fan, I could see this benefitting IBM in a way that generates profit. Since they really sell hardware and services, this could help to increase sales, partially because of the goodwill, and because they would be able to impliment any useful code gained somewhat faster. IBM has already gained alot of traction by investing 1 billion into Linux, which they claim they recovered in the first year. Adding a few hundred million to GPL UnixWare may be even more profitable, at a lower cost.
    • Re:I've had enough (Score:5, Insightful)

      by TobascoKid ( 82629 ) on Friday June 06, 2003 @11:20AM (#6132183) Homepage
      I don't agree - I think this is a similar situation to negotiating with Terroists/Hostage Takers/Bank Robbers etc - you don't, otherwise it will keep happening. If IBM buy out SCO, then practically every dying tech firm will sue IBM in the hopes of getting bought out. Better to crush them in court - especially if IBM can find a way to countersue and drive SCO into the ground. It will take longer to fight it in court than to buy them out but it will be better for everyone in the long run (except for SCO :-)

      Tk
    • by yaphadam097 ( 670358 ) on Friday June 06, 2003 @11:25AM (#6132247)
      I almost posted that IBM should just give in and buy SCO in an earlier one of these threads, but then I thought about it a little more...

      SCO is sending all these letters to corporate Linux users saying, "Stay away from Linux, because it violates our IP." If IBM buys SCO and open sources Unix it might prevent any further legal action, but it also might appear to lend some credibility to SCO's claims. Thus IBM is a hero to the average Linux geek, but the corporate world still sees the community as a bunch of thieves who got bailed out by the deep pockets of IBM.

      Therefore, let this go to court and let IBM's lawyers prove that SCO is full of it to begin with. That way the Linux community is vindicated and the only people who look like they've done anything wrong are SCO.
    • At first I wanted IBM to bury SCO in court...
      I just want someone bury them, period. Anywhere. My back yard is available.
    • by Dr_Marvin_Monroe ( 550052 ) on Friday June 06, 2003 @12:39PM (#6132965)
      To quote many over the top political leaders..."we cannot support this type of terrorism, we cannot agree to their demands"....

      By purchasing SCO, no matter how easy it might make the end of this problem, it encourages others to try the same stunt.

      SCO MUST be bankrupted as a result of this, no matter how much money it takes to do that in court!....Anything less encourages others to try the same style attack.

      Destroy SCO, burn everything, leave nothing standing.....
  • BSD code? (Score:5, Interesting)

    by mikeee ( 137160 ) on Friday June 06, 2003 @10:50AM (#6131815)
    Hrm... even if she's right and it's not some strange conincidence, is there old BSD code in Linux? That should be checkable.

    That should be free and clear copyright-wise, but System 5 could well have the same BSD code (quite possibly orignally stolen from BSD).
    • Re:BSD code? (Score:5, Interesting)

      by interiot ( 50685 ) on Friday June 06, 2003 @10:56AM (#6131886) Homepage
      ESR's paper [catb.org] on the SCO thing shows how the relationships between several unixes [catb.org]. Given the large amount of intermingling, it's not surprising at all to find common pieces of code in different versions of unix.
    • Re:BSD code? (Score:5, Interesting)

      by cant_get_a_good_nick ( 172131 ) on Friday June 06, 2003 @11:11AM (#6132071)
      (quite possibly orignally stolen from BSD)

      How can you steal something that's given away for free?

      BSD was a fork of UNIX with the (TM). The BSD guys gave us insignificant things like Virtual Memory and vi. It's weird to think AT&T sued BSD when so much of UNIX heritage was invented in Bezerkely. "Hey, you there, stop using that thing you invented, cause you're giving it away for free and not allowing us to make money off your work."

      If anyone remembers the original ATT vs. BSD suit will remember the way that UCB/BSD got off was that UNIX with the (TM) had some BSD code that wasn't properly copyright attributed. Then Novell came in, bought up the UNIX mess and dropped the suit. For folks that bang on Novell, this would be the second time they came in as a white knight to help a freeware version of UNIX escape the evil clutches of lawsuits.

      The re-marriage of the BSD code came in SVR4, which brought in a bunch of code and BSD compatible utilities. /usr/ucb anyone?
      • from here: [softpanorama.org]

        The University's suit claimed that USL had failed in their obligation to provide due credit to the University for the use of BSD code in System V as required by the license that they had signed with the University. If the claim were found to be valid, the University asked that USL be forced to reprint all their documentation with the appropriate due credit added, to notify all their licensees of their oversight, and to run full-page advertisements in major publications such as The Wall Street
    • by Trailer Trash ( 60756 ) on Friday June 06, 2003 @11:19AM (#6132169) Homepage

      Hrm... even if she's right and it's not some strange conincidence, is there old BSD code in Linux? That should be checkable.

      Which is likely why SCO won't show everybody. Imagine the egg on their face when developers from around the world step forward to claim their code.... and it's not SCO's code.

      Michael

      • BSD Lite code is allowed in Linux friedn under the terms of the previous case of System V..as that was the agreement to settle the case..

    • Re:BSD code? (Score:3, Insightful)

      by unoengborg ( 209251 )
      And the similarities in the comments could come from some posix documentation that programmers have copied more or less verbatim to describe what they were doing
  • Enough already! (Score:5, Interesting)

    by TopShelf ( 92521 ) on Friday June 06, 2003 @10:52AM (#6131838) Homepage Journal
    When are these clowns going to figure out what their story is? Coming out of a back room filing cabinet with an amendment that Novell doesn't even have on file sounds like a pretty bizarre circumstance. If this is the piece of evidence upon which their claim stands, then why didn't they roll this out in the first place?

    I can't recall a company performing such exquisite hara-kiri in public view before...
    • by nedwidek ( 98930 ) on Friday June 06, 2003 @11:13AM (#6132090)
      What puzzles me is why did they not follow up on the copyright and patent assignments. I bought a house and I made certain that the deed transfer was done correctly. I would think that in a high dollar deal like that SCO's lawyers would have verified that the assignments were done.


      That there was no followup makes it easier for me to believe anyone who claims this document is a fabrication.

  • by Cylix ( 55374 ) * on Friday June 06, 2003 @10:53AM (#6131847) Homepage Journal
    Not having the benefit of seeing the code I'll have to assumme these comments are fairly overwhelming evidence wise.

    If you knowingly copy code, into a product that can be viewed by potentially millions, wouldn't you at least try to make it not resemble the original work.

    Yes, it is easy to catch the lazy cheaters, but if put some effort in it then it should be a little more difficult then running grep.

    I'm sure there are bound to be similarities here and there, coders no doubt ran into the same problems working on the same platform, but apparently these grievances were enough to goto court over.

    Obviously, we can surmise they understand their work enough to copy kernel code, so we know the individuals were at least someone intelligent.

    So, having in mind how code theft works, it doesn't make sense for something as obvious as a comment to stick around unless someone wanted to get caught.

    Just my 1/100th of the american dollar.
    • by JordoCrouse ( 178999 ) on Friday June 06, 2003 @11:03AM (#6131988) Homepage Journal
      Not having the benefit of seeing the code I'll have to assumme these comments are fairly overwhelming evidence wise.

      Thats a poor assumption. Whow knows what the context of the code is? Could this "non programmer analyst" determine if the code was really similar? What if the System V code came from the IDE subsystem, and the Linux code came from the networking subsystem? What if the comment was /* Beware all ye who enter here */? What if both System V and Linux stole the code from BSD? Was a SCO lacky sitting over the analyst's shoulder pointing out the high points? What if the "analyst" was a SCO plant from the beginning?

      There are just too many questions and not enough answers. I want to see the professional opinion of a kernel expert, and *then* I want to review it myself before I will start to agree that SCO might have a case. Until then, we have no idea what deals have gone on behind the scenes. There is just way too much money in play here for us not to be cynical.
    • Not having the benefit of seeing the code I'll have to assumme these comments are fairly overwhelming evidence wise.

      I'll assume nuthing. Given Information Week "evidence", I'm more likely to believe the opposite.

      Let's have a look at some other opinions from Information Week's "primary beat reporter for Microsoft coverage", John Foley [informationweek.com]. Here he tries to see things through Bill Gates eyes [informationweek.com], a very silly thing to do when dealing with a liar. He ends up thinking that better things are comming again. Typica

    • The stolen lines of code:
      /*
      * Copyright (c) 1987-1994 The Regents of the University of California.
      * Copyright (c) 1993 by Linux Torvalds
      * Copyright (c) 1996 by Alan Cox
      *
      * See the file "license.terms" for information on usage and redistribution
      * of this file, and for a DISCLAIMER OF ALL WARRANTIES.
      *
      */
  • Lindows? (Score:3, Interesting)

    by jdh-22 ( 636684 ) on Friday June 06, 2003 @10:53AM (#6131854)
    This would give them a case against IBM, but that still doesn't cover the fact that SCO had an agreement with Lindows to use code. I don't think they have commented on the Lindows issue.

    Anyways, I think we have been over this 100 times now. :p
    • by dnoyeb ( 547705 ) on Friday June 06, 2003 @11:48AM (#6132474) Homepage Journal
      Interresting. I suppose SCO is doing a good job. Before we were arguing this whole thing is BS, and they side stepped our arguments.

      The steps;

      1. SCO is off their rocker and their is likely no stolen code.

      2. Novell interjects: Not only that but SCO does not even have the copyright to the code they claim is stolen.

      3. SCO rebuts: Yes we do.

      4. Well IBM should settle since the code is obviously stolen.

      I do not know what 2 and 3 have to do with getting from 1 to 4, but this is the strange path which seems to have been taken on /.
  • Re: code review (Score:5, Insightful)

    by tomhudson ( 43916 ) <barbara,hudson&barbara-hudson,com> on Friday June 06, 2003 @10:54AM (#6131859) Journal
    <One non-programmer corporate analyst has already reviewed the code ... </quote>

    Big fucking deal. What's a non-programmer going to say about code? That's like going to a farmer and asking him how to fly an airplane, or a pilot, and asking him when the best time is to plant the corn.

    • Re: code review (Score:5, Insightful)

      by Waab ( 620192 ) * on Friday June 06, 2003 @11:05AM (#6132013) Homepage

      Big f***ing deal. What's a non-programmer going to say about code? That's like going to a farmer and asking him how to fly an airplane, or a pilot, and asking him when the best time is to plant the corn.

      I'd say it's more like asking an airplane pilot if two cows look the same.

      Even more like asking a farmer if two planes look the same. They're designed to perform the same function (fly) with basically the same equipment (wings) so there will be some similarities and a lot of the differences will be in the technical details (the camber of the wing and the hydraulics that move the control surfaces) that an observer not fluent in airplane design might miss.

      Granted, if the comments in question all contain the programmer's initials (something not uncommon where I work), then that would be pretty damning.

    • <One non-programmer corporate analyst has already reviewed the code ... >

      Big fucking deal. What's a non-programmer going to say about code?

      I agree. To spell it out in detail:

      Even assuming that the newer code is a copy of the older version, it would take an experienced programmer to judge whether the older version was something original and copyrightable, or whether both are verbatim copies from a known public domain source. As a trivial example, I expect that within every Unix and Linux there i

  • From the article:

    • Even SCO challenger Novell seems to concur, in part, with SCO's interpretation, though Novell said it doesn't have a copy of the amendment in its files and still takes issue with SCO's actions against Linux users.

    So Novell agrees that the information in this ammendment appears to be legit, but they can't verify that this ammendment actually occurred because they don't have a copy of it themselves?

    Could it be that SCO happened to "create" this ammendment and then convienently "find it in a filing cabinet" ?

  • by SystematicPsycho ( 456042 ) on Friday June 06, 2003 @10:55AM (#6131870)
    SCO are like North Korea at the moment, exploit the opportunity to create a headache for other people to be bought out and shut up. They're playing the double or nothing game.
  • by ErikRed1488 ( 193622 ) <erikdred1488@netscape.net> on Friday June 06, 2003 @10:55AM (#6131875) Journal
    Apparently the most telling evidence is that parts of the SCO code and Linux code include identical annotations made by developers when they wrote the programs, says DiDio, who compares such notes to the signature or fingerprint of a developer's work.

    The moral of this story is to never comment your code.

    • The similar parts
      /* You are not supposed to understand this */
      and
      /* TODO:
    • I can't tell you how many hours of my life I've spent trying to figure out what the hell a piece of "brilliant" code is doing just because it lacks comments...
    • In the USL vs BSDI & UC Board of Regents case annotations were explicitly discounted as infringements because they have no role in the execution of the software and are thus immaterial breeches. From the preliminary injunction ruling [bell-labs.com]:
      • The final type of overlap identified by Professor Carson is "comment" overlap. All computer programs contain short explanatory comments annotating the code in which they are embedded. The function of these comments is simply to inform programmers of the purpose and operation of particular sections of code. Comments have no role whatsoever in software performance.
      • ...

        After reviewing the affidavits of Plaintiff's and Defendants, experts, a great deal of uncertainty remains as to what trade secrets Net2 might contain. One fact does seem clear: the header files, filenames, and function names used by Defendants are not trade secrets. Defendants could have printed these off of any of the thousands of unrestricted copies of Plaintiff's binary object code. (Kashtan Aff. at 9-11.) Moreover, the nonfunctional elements of the code, such as comments, cannot be trade secrets because these elements are minimal and confer no competitive advantage on Defendants. The copied elements that contain instructions, such as BREAD and CPIO, might perhaps be trade secrets, but Defendants' experts have argued persuasively that these instructions are either in the public domain or otherwise exempt. As Defendants have repeatedly emphasized, much of 32V seems to be publicly available

  • Miss Didio (Score:5, Interesting)

    by Andre Breton ( 605694 ) on Friday June 06, 2003 @10:57AM (#6131899)
    Oh, I see that analyst [gigaweb.com] is a real UNIX expert...

    Giga information group rings a bell with me too, old MS yay and Apple/Linux/everything else nay sayers :)

  • by blinder ( 153117 ) <[blinder.dave] [at] [gmail.com]> on Friday June 06, 2003 @10:57AM (#6131907) Homepage Journal
    Wow, what an indepth analysis information week reported on. Some "business anaylst" type saying "oh yeah, look at the comments in the code, the are IDENTICAL"

    A comment saying:

    /* open a file */


    is NOT a basis for a lawsuit right??? IANAL... so who knows. If it is, I am in DEEP trouble.

    I dunno, I can't wait till the day comes, in the future, when we can all sit around and say "hey remember the SCO days? Boy, wasn't that a trip?"

    Ugh, oh well.
  • by Schezar ( 249629 ) on Friday June 06, 2003 @10:58AM (#6131909) Homepage Journal
    -_-

    We don't need the play-by-play for this anymore than we needed it for the OJ Simpson trial...


    IBM throws the pitch.

    SCO swings... pop fly! He broke the bat!

    Novell jumps for the catch... ERROR! He dropped it!

    SCO makes it to first.. but wait! Is that cork in hs bat?
  • by NewbieProgrammerMan ( 558327 ) on Friday June 06, 2003 @10:58AM (#6131911)

    So if SCO made contributions to the Linux kernel, and those contributions are now in the official distribution, is there a record somewhere of SCO (or their employees) contributing said code? I am pretty much in the dark as to how closely Linux contributions are tracked.

    My understanding is that the GNU/FSF folks are pretty meticulous about obtaining releases and documenting contributors, and I expect that they do that for precisely this sort of situation. I am just not aware of whether or not Linus and company do the same for the Linux kernel

    • SCO isn't going to come out and say "Oops. Our fault. It was really us that submitted the code." The backlash would be even more suicide then this nonsense. So SCO isn't going to be any help.

      GNU/FSF/Linux Camp has no idea were the "infringing code" is at or what it is. SCO won't say unless you sign a NDA which no one really wants to sign. Once a trial gets into the discovery stage then it might come out. At that point, it should be fairly easy to track back through the kernel releases to find out wh
    • > So if SCO made contributions to the Linux kernel,

      toncho//usr/src/2.4/linux grep -r SCO * | grep 'Copyright'
      net/bluetooth/sco.c: BT_INFO("BlueZ SCO ver %s Copyright (C) 2000,2001 Qualcomm Inc", VERSION);

      toncho//usr/src/2.4/linux grep -r Caldera * | grep 'Copyright'
      net/ipx/af_ipx.c: * Portions Copyright (c) 1995 Caldera, Inc.
      net/ipx/af_ipx.c: KERN_INFO "IPX Portions Copyright (c) 1995 Caldera, Inc.\n" \

      On the other hand:

      toncho//usr/src/2.4/linux grep -r ' IBM ' * | grep 'Copyright' | wc
  • Teleconference (Score:5, Informative)

    by Zutroi_Zatatakowsky ( 513851 ) on Friday June 06, 2003 @10:59AM (#6131930) Homepage Journal
    The teleconference is at 12:00PM (EST). Be sure to join in!

    Toll Free within North America: 1-800-946-0722
    International: 719-457-2647
    Password to enter call: 746737

    More info here [yahoo.com] .

    This time, I won't miss it!
  • by Future Linux-Guru ( 34181 ) on Friday June 06, 2003 @11:00AM (#6131946)
    In this capacity, Ms. DiDio focuses on desktop and server operating systems,with a particular emphasis on Microsoft Windows 2000, Windows XP, Active Directory, and Novell, Inc.'s NetWare.

    Scroll down -->

    http://216.239.37.100/search?q=cache:lGZmsKmjdowJ: www.yankeegroup.com/public/events/conferences/ITF2 003/components/IntegrationTechForumSpeakers.pdf+La ura+DiDio&hl=en&ie=UTF-8

    • Who is Laura Didio? (Score:4, Informative)

      by _Sprocket_ ( 42527 ) on Friday June 06, 2003 @12:04PM (#6132666)
      One of the first questions to come to mind is "who is Laura Didio?" Some googling around will find a lot of references to her. And a couple of Bios - the already referenced HTML-ized cache copy [216.239.33.100] of a PDF document [yankeegroup.com] might be the most recent. There is also an older one [gigaweb.com] from her previous employer, the Giga Information Group. But don't stop there. Hit a few articles where Laura is quoted. Google for her and unix / linux. Look at the quotes there too.

      Laura Didio's focus, as her Bios suggest, seems to be Windows and Microsoft products. And in this space, she is sometimes critical. She also comments on some Open Source software with how it competes with the entrenched Microsoft offerings. And she does occasionally comment on Unix and Linux in general. She is cautious towards Open Source and Linux in particular. If she does have a bias against Linux, it does not seem over-the-top (although I don't always agree with her assessments).

      But bias isn't the point. It is expertise. She does not focus on Unix and its derivatives. I would find it surprising if she had any idea of the history involved with this system. Much less any sort of additional technical background it would take to hash out the possible origins of any given snippit of code.

      And, of course, that is part of the problem. We're dealing with snippits of code. There is no context. Even an expert may have trouble tracking pedigrees in this situation - but at least they would have some chance.

      The most Laura can do is get her name in the press. And become an object lesson for the warnings other analysists made over the entire situation presented by SCO and its NDA.
  • One thing... (Score:5, Interesting)

    by pantherace ( 165052 ) on Friday June 06, 2003 @11:01AM (#6131958)
    If SCO had this amendment (which Novell apparently doesn't atm) then WHY WERE THEY ASKING NOVELL FOR COPYRIGHT RECENTLY?

    Novel and SCO both seem to have forgoten about it, and/or something screwy is going on.
    • Re:One thing... (Score:3, Informative)

      by Surak ( 18578 ) *
      The wording of amendment is also screwy. Look at this thing from the news.com.com.com.com article:

      The amendment changes the intellectual property that wasn't sold to the Santa Cruz Operation. It was modified to exclude from transfer "all copyrights and trademarks, except for the copyrights and trademarks owned by Novell as of the date of the agreement, required for SCO to exercise its rights with respect to the acquisition of Unix and UnixWare technologies

      (emphasis mine). That's not very clear at all.
  • Idiots at Novell (Score:4, Insightful)

    by dachshund ( 300733 ) on Friday June 06, 2003 @11:02AM (#6131967)
    What kind of idiots are running Novell? If I were a shareholder, I'd be damn concerned that company management doesn't even know what IP belongs to it, and that it's willing to give away a huge number of copyrights and not even keep a copy of the damned agreement. And for SCO's part, not getting the copyrights properly registered sounds like a pretty boneheaded maneuver, if they really did buy that IP. Watch both companies wind up in court over this.

    Of course, this is also a problem with US copyright law. Copyrights are so nebulous and easily transferred that it's almost impossible for end-users to keep track of whose IP they may be using. Registration with the US copyright office should be a requirement, not an option.

    • by Lxy ( 80823 ) on Friday June 06, 2003 @11:20AM (#6132185) Journal
      So far Novell has played their cards right. They have documentation to back up every claim they've made, and they haven't given me one reason to doubt them. The fact that SCO has a document that no one else does, and the fact that they just suddenly discovered it makes me point fingers at SCO before pointing at Novell.
    • by Zathrus ( 232140 ) on Friday June 06, 2003 @11:31AM (#6132309) Homepage
      Registration with the US copyright office should be a requirement, not an option.

      Uh, no. To do that you have to do one of two things:
      1) Pull out of the Berne Convention, which states that all works have intrinsic copyright unless otherwise stated.

      2) Require that everyone file for copyright status for everything they create. Personally, I'd rather not file for copyright status on every post I make to a webboard (technically copyrighted, not that I care), every bit of code I create for my company (yeah, they'd be doing the filing, but you think that would exempt me from filling out the paperwork?), any code I put under license (be it GPL, LGPL, BSD, MIT, or anything but unfettered public domain status), or anything else. It'd be utterly absurd.

      And, no, you can't just say "well if you don't file then it has no copyright" because that's a violation of the Berne convention. And before you say that you should just get rid of that then, think about the implications for open source software -- every program would have to file with the copyright office. $30 isn't all that much, but it's more than a lot of people would be willing to bother with. And so instead of GPL/LGPL licenses it'd all be public domain.
  • Comment removed (Score:5, Interesting)

    by account_deleted ( 4530225 ) on Friday June 06, 2003 @11:02AM (#6131976)
    Comment removed based on user account deletion
    • Re:denial (Score:3, Insightful)

      by mcc ( 14761 )
      I think here on /., we are all denying it like crazy and ludicrously thinking that SCO is suing for *no* reason. Why would a company sue unless it has at least something to base its case on?

      I think most of slashdot is holding that belief for two reasons:
      • The assumption that if SCO had a valid reason to sue, they'd come out and say what it was, rather than saying "there's some infringing code, but we won't tell you what it is" or "there's some infringing patents, but we won't tell you what they are".
      • The as
  • commentry? (Score:5, Funny)

    by Harry8 ( 664596 ) on Friday June 06, 2003 @11:04AM (#6131998)
    goto /* Fuck Dijkstra */ is one of my fav's. But I think i saw it in the Linux Kernel first, before copying it just about everywhere I go the chance. A small thing, (a small mind...)
  • Can SCO cheat? (Score:5, Interesting)

    by little1973 ( 467075 ) on Friday June 06, 2003 @11:04AM (#6131999)
    What if SCO took some code from Linux and inserted into its own code? Even if there are some similarities between SCO's code and Linux's code how can SCO prove that it was stolen from SCO and not vice versa?
    • Logically (Score:5, Insightful)

      by mcc ( 14761 ) <amcclure@purdue.edu> on Friday June 06, 2003 @11:28AM (#6132274) Homepage
      My thought on all this is that that won't be known until such time as the code in question is actually released. At which point the Linux kernel admins will look at their records, hunt down the people who submitted those patches, and *ask them*, and probably call them as witnesses.

      At this point things will probably get interesting, as there are open, public records that show bit by bit in pretty close detail every step of the development of the linux kernel, and who submitted what, and when, and why it was accepted-- and these records have been publicly available on the internet for years, and archives exist in various places, which would make these records impossible to change after the fact. SCO, meanwhile, if they have records at all of when and by who code was added to their materials, has no particular proof that those records are real and not faked (either by their lawyers or a malicious employee years previous trying to pass off open source code as his own work). Just a thought..

      Of course had SCO simply begun all this by publicly saying "hey, these parts of the linux kernel are copied from code we own the copyright to", the linux kernel admins would have just about certainly simply checked out those sections of code and the people who wrote them, and, if there was an apparent infringement, removed and replaced the offending sections. I'm really really hoping that this fact will not escape the judge at trial.

      (I'm assuming the linux kernel people wouldn't do something stupid like allow an anonymous patch into the kernel.)
  • by kmilani2134 ( 652045 ) * on Friday June 06, 2003 @11:16AM (#6132126) Homepage
    I have seen is the Dukes of Hazard Analogy [arie.org]

    With so many conflicting opinions about this whole issue I don't know what to think anymore. But I do know one thing, I am going to continue to support Open Source software 100% and nothing will stop me as I would rather move to another country than give up contributing to Open Source software.

  • by Anonymous Coward on Friday June 06, 2003 @11:17AM (#6132137)
    I haven't posted yet about this story because I couldn't figure out exactly what I wanted to say. I just knew that it made me sick every time I saw SCO vs. Linux or any time I thought about the lawsuit(s) involved.

    I think it's a deeper, more disturbed form of the same sensation that I get when we discuss intellectual property laws on Slashdot.

    What it all comes down to is this: I don't care if there are six or ten minor chunks of SCO code in Linux. I don't care where the Linux code came from. SCO is not good for humanity; SCO is a product. Linux, on the other hand, is good for humanity on a fundamental level.

    It brings computing services to people across the world who otherwise couldn't afford it or who otherwise would be sending money to multi-billionaire Bill Gates instead of buying food. Thanks to Linux, these people can spend their money on real things that they need, while still participating in the global exchange of ideas and perhaps getting a toe-hold in the "modern" western world that.

    Linux provides nonprofits like churches and community centers the ability to provide 'net access and document services to underpriveleged communities who otherwise wouldn't have access to these things or would have to depend on meager government funding to buy licenses (again while lining the pockets of the rich).

    Linux provides some of the best hands-on education to young aspiring programmers and scientists that can be found anywhere, and it does so using best-of-breed tools, and at no charge.

    Linux has fostered a community of international understanding between research organizations, governments, communities and even small groups of programmers and individuals. There are no borders in Linux, only individuals working together, smiling and one another and breaking barrier after barrier together.

    Some look at this list and say "hmm... makes national borders irrelevent... helps the poor and not the rich... does not pay for labor in currency, but in the rewards of the product itself... is not strongly managed from the top down by anyone with fiscal authority, but is instead contributed to by a vast egalitarian labor pool..." and then they call Linux a form of communism and say that it needs to be eliminated, or at least that it is unethical to support Linux instead of for-profit companies.

    Are these people insane? Linux is a boon to humanity. Anyone who can't see that is blind. If Linux is communism, it's time to take another look at communism, because it looks to me like a beautiful thing.

    And in the meantime, I don't care where the code of Linux comes from. The fact is, SCO's never done thing one to help the human race, here they are busily exploiting it, rich and poor, young and old a like, just like so many other companies out there greedily trying to harm all our lives on the basis of "IP", and now they seem to think they can kill Linux off in the interest of making a buck, and that this would be a good, "moral" thing... and many mainstream analysts seem to make the basic assumption that if Linux did "steal" SCO's code, then this is indeed the case. Well, I disagree. Linux helps people at no charge. SCO makes a profit by exploiting people.

    It's just wrong. It's backward. It makes me sick. I don't care where Linux's code comes from. SCO is no Linux and never will be, and if we end up with a nice, profitable SCO and a damaged (or defunct) Linux movement, I think the world will be a much worse place, not a much better one, no matter how much people harp about the "right" thing to do or the "rights" of copyright holders.

    I almost feel like some kind of neo-flower-child. Screw the establishment. Help the people. If that's communism or if that's bad for business, so fscking what?
    • It brings computing services to people across the world who otherwise couldn't afford it or who otherwise would be sending money to multi-billionaire Bill Gates instead of buying food. Thanks to Linux, these people can spend their money on real things that they need, while still participating in the global exchange of ideas and perhaps getting a toe-hold in the "modern" western world that.

      Yeah, y'know, because there are lots of starving Ethiopians with networked clusters lying around. "Operating systems

      • Yeah, y'know, because there are lots of starving Ethiopians with networked clusters lying around. "Operating systems" are usually listed right after "wheat" on their want lists...

        Seriously, though, this is some of the worst hyperbole I've read at this site. The last thing those struggling to eat are worrying about is kernel recompiles.


        The thing is the person has a point. It's not like SCO actually developed the code in the first place. It was just something that they bought, pure and simple, a comerci
  • Corporate Analysts (Score:3, Insightful)

    by Markus Registrada ( 642224 ) on Friday June 06, 2003 @11:18AM (#6132163)
    Whenever a corporate analyst issues a press release, it's worth noting that corporate analysts hardly ever do anything without having a customer P.R. department they can bill for the time spent. The right question to ask is, who is the plausible P.R. department customer for this Yankee analysis?

    Former U.S. President Lyndon Johnson used to boast that he had never cast an unsold vote. He saw that as testament to his skill at finding someone who wanted him to vote the "right way", and getting a concession for it, which is how U.S. politics works. It is possible for analysts to work that way too. Aberdeen has been very good at finding customers for their careful analyses, while Gartner appears to control expenses by letting the customers do the writing. The analysts with a shred of dignity left have recused themselves already because they recognized that the NDA stacks the cards enough to prevent any chance of anyone publishing a fair analysis.

    The crash has been hard on analysts. (You can see that in the periodic, contradictory swings by Gartner as IBM and Microsoft alternately gain control of their corporate voice.) Yankee, here, seems to be demonstrating mainly that they're hungry.

  • by tuxathon ( 626627 ) on Friday June 06, 2003 @11:19AM (#6132174)

    It's not wise to get in a bind over the comments of one analyst. Remember, analysts of this same sort said .com's would continue their rise. It may very well be in this analyst's interest to assert similarities in commenting style. Interestingly enough, there was no talk in the article about actual code being reproduced, only comments.

    SCO's claim was that source code had been cut directly from "their" Unix code and added to Linux. This does not preclude someone from working on both projects. All this analyst's statements show is that the same people may have worked on both systems. This doesn't show a wholesale heist of intellectual property.

    SCO may be taking a page from the M$ playbook by intentially pushing "evidence from experts" to the public. Will this analysts comments be mailed to Linux users? It wouldn't surprise me in the least. If SCO can drive FUD to the hearts of corporate types, they can all but force an IBM buyout.

  • Laura DiDio (Score:5, Informative)

    by kovacsp ( 113 ) on Friday June 06, 2003 @11:20AM (#6132181) Homepage
    Who is this analyst anyway? Is she even qualified to make this kind of distinction? Here's a bio on her:

    Laura DiDio is a senior analyst for the Yankee Group's Application Infrastructure & Software Platforms Planning Service, which is closely aligned with the Enterprise Computing & Networking Planning Service. In this capacity, Ms. DiDio focuses on desktop and server operating systems, with a particular emphasis on Microsoft Windows 2000, Windows XP, Active Directory, and Novell, Inc.'s NetWare. Additional areas of coverage are Web services platforms and standards including Microsoftâ(TM)s emerging .NET services and the rival J2EE. She also covers the directory services arena and interoperability and migration issues associated with Active Directory, eDirectory, and Sun's iPlanet, as well as desktop and server operating system security, software distribution, and third-party performance monitoring and management tools.

    Ms. DiDio has covered client and server operating systems, directory services, and OS and NOS security for 15 years as an analyst, reporter, and editor. Prior to joining Yankee Group, she spent three and a half years at Giga Information Group, where she held a similar position. Before that she held various reporting positions at a number of computer networking industry trade publications including: Computerworld, Network World, Communications Week, LAN Times, and Digital Review. Ms. DiDio also worked as an investigative reporter for various broadcasting and print outlets including CNN and Channel 5 News in New York. Her investigative reports have also appeared in The Village Voice and The Minneapolis Star Tribune.

    Laura DiDio holds a B.A. in Communications and a minor in French from Fordham University.

  • by guanxi ( 216397 ) on Friday June 06, 2003 @11:21AM (#6132203)
    I understand the NDA is required for viewing SCO's *evidence*, but is the source for their Unix distribution available? If so, can someone else compare Linux to it?
  • by Vengeance ( 46019 ) on Friday June 06, 2003 @11:25AM (#6132240)
    I've been noticing the byzantine complexity of the licensing agreements, and I think it bears a striking resemblance to the medieval European feudal system.

    Granted, we use the terms IP, patent and copyright instead of fealty, vassal and liege lord, but the end effect seems similar. Conflicted loyalties and unresolved questions pile atop one another until the whole mess comes crashing down on everyone's heads.
  • by The Slashdolt ( 518657 ) on Friday June 06, 2003 @11:28AM (#6132271) Homepage
    This is great stuff for tech geeks, but publications that your boss is reading such as this article [businessweek.com] over as business week are what your boss(you know, the guy who pays your salary) are reading. I would say this whole debacle is having quite the intended effect.
  • Laura Dido (Score:3, Informative)

    by cgenman ( 325138 ) on Friday June 06, 2003 @11:47AM (#6132464) Homepage
    While not a codemonkey, Laura seems to have reasonable credentials.

    Here is her gigaweb bio [gigaweb.com], and a brief from the Yankee Group [216.239.51.100] (scroll down, page 2).

    This is more like asking a Pilot or an Air Traffic Controller to compare two planes than a farmer (as others have suggested), but I don't think anyone will be satisfied until at least a few mechanics can get into the systems with wrenches.

    Even then, if SCO would kindly display what lines they believe are duplicated so that the Linux community can begin the task of tracking down the contributors, then we can have a discussion. Having NDA'd analyists examine the code only is like having the city and a city-appointed lawyer have discussions about the legality of your house while you are explicitly forbidden from coming to the table. Because so much of our livelihood depends upon it, and we have invested so much in it, nobody will accept the judgement unless we are allowed to see the proof.

    And even then, of course, there will need to be proof that this *is* SCO code, and not just same-function code, statistical coincidence, or code that SCO stole from Linux.

    BTW, caldera has a list (with pictures!) of the board of directors here [sco.com]. Perhaps a few million phone calls will convince them to do what they should have done in the first place and tell us what code exactly they think is copied. Without being able to research their claims due to the choice of the board of directors, we should at least investigate their board of directors.

    -C

  • by valisk ( 622262 ) * on Friday June 06, 2003 @11:50AM (#6132491) Homepage Journal
    SCO: Cut and Paste?

    Currently the arguments circulated by SCO about Linux and the code transfer from Unix read like the film script of an IT variant of Dallas.
    Daily, new companies and experts announce their opinions.
    Some, like Novell, have serious points, others like Lindows spread hot air.
    Both IBM and SCO, in their billion dollar suit, have ordered their technicians to maintain strict silence, as have Novell.
    There, even the lawyers involved with the SCO contract refer to a statement from their legal department prohibiting them from discussing the matter.

    There is also some deeper gossip. Many developers have quietly expressed their surprise, that the code and technical information generated for the Monterey project, supplied by SCO to IBM, could be at all rewarding for Linux:
    Disbelief faces the suppliers. Any real proof over the Cut & Paste allegations by SCO is missing, until the code is revealed.

    Now Christoph Hellwig has unexpectedly become an in demand figure.
    The German software developer worked at Caldera (the old name for SCO) as a code maintainer and was part of the team, concerned with patches and bugfixes for the Linux Kernel.
    Later they developed the Linux ABI Project further, which allowed implementation of unmodified Unix programs, making it possible to run software written for UnixWare and Open Server, under Caldera's Linux.
    At present Hellwig is busy with SGI.

    While Hellwig worked at Caldera, he commented on the relationship of SCO Unixware and Linux.
    Hellwig explained at that time, copying from Unix code to Linux and vice versa were impractical:

    "the Internals of the Kernels are so different that one would need a big glue compatibility layer. And that will promptly, with the next kernel review, be ripped apart."

    Now that Hellwig's comments are widely discussed. We have reason enough to ask about their relation to this case.

    heise on-line: Do you stand by these comments?

    Hellwig : Naturally.

    heise on-line: SCO compared the condition of Linux with that of a bicycle, until IBM came along and then the project became a car.

    Hellwig : The comparison may sound beautiful for people without any specialized knowledge, however it has purely nothing to do with reality.
    Linux existed before the commitment of IBM, before the participation of large enterprises in it's development for which, in most areas of application, it was substantially more useful than UnixWare or Open Server ever were.
    I see the participation of large enterprises in Linux development as a very positive move.
    I do not consider it meaningful however, to place the desires of these enterprises ahead of the development of the official Linux releases.
    Large enterprises tend to be inclined to be satisfied with technical solutions which are suboptimal, and to neglect areas of application which do not offer sufficient sales opportunities.

    heise on-line: Will SCOs actions be successful?

    Hellwig : I doubt that SCO will succeed in the legal sense with this action.
    On the other hand SCO is already now successful in the sense that the share price rose and they have received other financial injections (for example the Microsoft Deal).

    As long as SCO does not possess the rights to SVR4, SCO can only sue IBM for for publishing trade secrets.
    Proving this will be very difficult, I don't need to say any more on that.
    Something which is continuously forgotten in the debate:
    Contrary to SCO, I do not refer explicitly to Unix.
    Unix a registered trade mark of the OpenGroup, which any certified operating system may use, it is common use of language for any UNIX95/98 to be referred to by the term, and never, specifically to designate SCOs operating systems, Open server and Unixware. Which, as opposed to AIX, are not UNIX98 certified.

  • by SnarfQuest ( 469614 ) on Friday June 06, 2003 @11:58AM (#6132593)
    I can see many ways that SCO could be cheating on this 'under NDA' information.

    1. They modified the code (either Linux or SCO base) before showing it to the examiner, to make it look like it was closer than it actually was. Did the examiner bring his own copy of the source trees, or use those supplied by SCO?

    2. The code was copied FROM Linux into SCO. Judicious back dating would be used to try to hide this fact.

    3. A non-programmer doesn't understand code, and is probably only looking at the comments. In a million lines of code how hard is it to find similiar comments in unrelated sections of code.

    4. Both the SCO and Linux programmers read the same books/articles, and the comments are based on what was there, thus giving similiar comments. Do the comments match up to Knuth's books?

    5. Both SCO and Linux got the code from the same source. How much of BSD has SCO copied into their kernel?

    6. The code in question is similiar to what you do in your beginning programming classes, and most programmers use similiar comments for that kind of thing. How many different ways are there to comment a bubble sort?

    7. Someone within SCO supplied the code to Linux. Maybe in preperation for this case.

    8. etc.

    Until SCO allows someone capable of researching the origins of the code in question, I'll continue to believe that it is SCO that is in the wrong.

    The code for both systems is already available to many people. Allowing others to see what they are complaining about won't make the suspect code disappear. If they just pointed at a bit of Linux code, they wouldn't even have to show their own code.

    The only reason for not disclosing it before the trial is to gain time to hide their trail, or to deny IBM time to research their wild claims.
  • by walterbyrd ( 182728 ) on Friday June 06, 2003 @12:02PM (#6132635)
    "To Novell's knowledge, this amendment is not present in Novell's files"

    http://biz.yahoo.com/prnews/030606/sff034_1.html
  • Explain ... (Score:5, Insightful)

    by krumms ( 613921 ) on Friday June 06, 2003 @12:36PM (#6132937) Journal

    Apparently the most telling evidence is that parts of the SCO code and Linux code include identical annotations made by developers when they wrote the programs, says DiDio, who compares such notes to the signature or fingerprint of a developer's work. "The fact that these appear to be transposed from Unix System V into Linux I find to be very damaging."

    Now, who in the hell at IBM would be stupid enough to include identical source code 'annotations' (which I'm assuming are comments) when stealing code?

    Similar annotations, maybe, but come on - even Joe Dumbass wouldn't be so fucking stupid so as to copy-and-paste proprietary source code from one to the other, comments and all.

    Further, does SCO have proof that the infringing Linux code is indeed the egg? (i.e. was SCO's code even written first?) Who's to say this case should be about a GPL violation?

    To imply that IBM's developers are so stupid as to copy and paste code simply begs the question, from their own logic: Who's to say that SCO's developers who weren't so bright and pulled the copy-paste job from Linux? Who's to say that SCO didn't put the source code in there themselves, intentionally. I mean, that scenario seems more likely to me: Linux source code is freely available. Nobody outside of SCO will have seen SCO source - and if they have, they're tied and raped with NDAs.

    Anyway, that's enough. Here's to SCO choking on its own arrogance.

  • by mritunjai ( 518932 ) on Friday June 06, 2003 @12:39PM (#6132970) Homepage
    If the free software has to survive, it will have to do one thing - cut off the damn software patent tree. It is the root of all problem. The companies are now going to the extent of patenting *problems*... without giving a single solution to them (see the european software patent hall of horror).

    Today its linux kernel... with probably a couple of infringements (if at all)... have you thought of softwares like mplayer ? FYI, mplayer infringes on countless patents, copyrights and EULAs. Thats why it is based in hungary and not US or some other EU country. And you won't be able to do a single thing if its developers are sued. No amount of crying will help because copyright/patent/EULA vilation is a crime in the eyes of court .

    If you just worry about branches, you won't succeed. If we have to get over this hell, fight the software patent regime not the companies that are using it as a tool to strangle the freedom of people!
  • by mec ( 14700 ) <mec@shout.net> on Friday June 06, 2003 @01:04PM (#6133185) Journal
    First my notes from today's SCO conference call. Then I will post my opinions in a follow-up message.

    XXX 12:04 est 2003-06-06

    Blake Stowell says that Darl McBride and Chris Sontag will be talking today.

    XXX 12:05

    Darl McBride talks about the Novell announcement of May 28, 2003. "In fact, Novell does not own the copyrights." "SCO is the only rightful owner of the Unix System 5 source code and copyrights." "Portions of the Unix System 5 code were found in Linux." "Linux users need to obtain opinions from their own legal counsel."

    XXX 12:07 Question and Answer session

    [question #1] Peter Gally, eWeek magazine

    Q: share price was up 29% today ahead of announcements of news. What do you attribute that to? A: "I can't really comment on that." Q: "Did you or any SCO executives buy or sell any shares yesterday?" A: "I personally didn't" ... not aware of any who did.

    [question #2] Hiawatha Bray, Boston Globe

    Q: "When Friday the 13th rolls around ... what are you going to do?" (regarding AIX license revocation) A: "We have a number of options at our disposal."

    [question #3] Stephen Shankland, CNET

    Q: Copyright office does not have an assignment on file [for the Unix copyrights from Novell]. "Is it your understanding that the copyrights have not been registered yet?" A: "Stephen is correct ... [if we need] we will change the assignment of copyright ..." [we can do that at any time].

    [question #4] "George Weiss", "Gartner Group" [Note: caller #4 was later exposed as an imposter]

    Q: "How long can you continue to deceive investors ... if you're not trying to get bought out, what are you trying to do?" A: "We're trying to protect our IP rights."

    [question #5] Todd Weiss, Computer World

    Q: "Where can we see the Asset Purchase Agreement?" A: "We have a lot of documents ... 30,000 contracts ... in the case of the Asset Purchase Agreement ... SEC filings on the Internet."

    [question #6] Herbert Jackson, Renaissance Ventures

    Q: "Were patents addressed?" [in the Novell-SCO asset purchase agreement] A: "Ownership of the patents was not something that SCO has ever claimed."

    [question #7] Lenny Brecken, Brecken Capital

    Q: "Why wasn't amendment [amendment 2 to Novell Asset Purchase Agreement] immediately available?" A: "[It was available ...] inside of four business days." Q: "[Patent question] ... is that relevant?" A: "This isn't a patent case." A: "30,000 contracts .. methods, concepts, know-how ..." [that is, their 30,000 sub-licensing agreements contain contract language restricting those things]

    [question #8] Roger Howerth, IP Week

    Q: "Why will you not provide details [of the offending source code]?" A: "Source code is a little bit different ..." [long answer about how revealing source code would damage the trade secret status of their claims] ... "confidentiality protection"

    [question #9] George Weiss, Gartner Group [Unlike question #4, this time it's the REAL George Weiss]

    Statement: "I didn't ask the earlier question." A: "We already knew that" ... "I appreciate you clarifying that." ... suggestion to the fake George Weiss to drop off the call. Q: "Are you aware of any organized movement ... to settle the claims with SCO?" A: "I can't comment" ... "discussions with large players."

    [question #10] Lenny Brecken, Brecken Capital

    Q: [AIX license revocation] "Are you going to hold a CC on that date [June 13]?" A: "... on the 16th, we will take the appropriate steps ..."

    XXX 12:22 Blake Stowell, closing statement

    [If you want a replay, or want to followup, contact us

    • by mec ( 14700 ) <mec@shout.net> on Friday June 06, 2003 @01:14PM (#6133279) Journal
      And now my opinions ...

      First, disclosure: I am short SCOX.

      McBride didn't break any new ground here, just as he didn't in the last conference call. Which leads me to believe that the purpose of these calls is to spin the market, not to inform the market.

      The imposter on #4 did not accomplish anything. SCO figured him out even before the real George Weiss exposed him.

      SCO dodged questions about their AIX revocation strategy, which I think is legitimate to dodge.

      Todd Weiss of Computer World asked for a copy of the Asset Purchase Agreement between Novell and SCO. I think the court is going to want a copy of that, too, and SCO didn't file one with its complaint. McBride dodged that by saying it was available in "SEC filings on the Internet". I think that was a bullshit evasion.

      McBride admitted that SCO does not claim ownership of any patents in Unix.

      McBride referred to 30,000 contracts which contain language about methods, concepts, and know-how. He didn't say that IBM's specific contract prohibits IBM from re-using any of that. In fact, Exhibit C, paragraph 9 of SCO's complaint contains language which specifically allows IBM to do that. See http://www.sco.com/ibmlawsuit . In fact, could some helpful person post the specific URL's of the complaint and the exhibits?

      The strongest SCO point is that they found part of the Novell contract that does grant copyrights to SCO. The weakest SCO point is that they aren't willing to show this contract to reporters.
  • Big Clue revealed (Score:5, Interesting)

    by Jboy_24 ( 88864 ) on Friday June 06, 2003 @01:24PM (#6133358) Homepage
    If there is an exact copy of some comment from Sys V and Linux can't we build a database of comments in Sys V (someones got to have the code) and a database of comments in Linux and check simularities?

    Couldn't this be done with a few simple grep or sed commands?

    Sure there would be alot of trivial differences, but if SCO is right and there is a complex alogrithm inside Linux copied for SysV then the comments for that code should be fairly obvious.

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