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SCO Claims IBM Used Proprietary Code in its Linux Contributions
Posted by Paul Szynol on Monday, March 24 @ 23:46:37 EST OpenSource
The SCO Group (Caldera) is claiming that IBM's contributions to the Linux code base include proprietary AIX source code. SCO is suing for $1 billion.

eWeek's coverage is here.

The suit has implications for Linux users and for the open source movement. If SCO's claim is valid, then portions of Linux code are proprietary, and should not be in the public domain. Versions of Linux that already contain the code may effectively become illegal and have to be removed from the market (i.e., replaced by non-infringing versions). Such a ruling would impose a tremendous collective cost on Linux users, who would be forced to reinstall their operating systems. And SCO may be able to stop future releases of Linux until the contested code is, in fact, replaced -- a move which would, in the very least, suspend development, and, more generally, grant SCO a degree of control over Linux that is entirely antithetical and harmful to the platform's decentralized development model.

 
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Re: SCO Claims IBM Used Proprietary Code in its Linux Contributions (Score: 0)
by Anonymous on Tuesday, March 25 @ 11:06:44 EST
A draft brief of amicus curiae from the Open Source Initiative
It is not within OSI's competence or knowledge to address the specifics of the business relationship between SCO and IBM, or the terms of their contract. It is, however, very much within our competence to observe that SCO's complaint depends critically on certain historical and technical assertions which are materially false and (apparently quite intentionally) misleading.


[ Reply to This ]


Re: SCO Claims IBM Used Proprietary Code in its Linux Contributions (Score: 1)
by HowardGilbert on Tuesday, March 25 @ 12:52:41 EST
(User Info | Send a Message) http://www.yale.edu/pclt
From one of the key sections of the complaint:

85. For example, Linux is currently capable of coordinating the simultaneous performance of 4 computer processors. UNIX, on the other hand, commonly links 16 processors and can successfully link up to 32 processors for simultaneous operation. This difference in memory management performance is very significant to enterprise customers who need extremely high computing capabilities for complex tasks. The ability to accomplish this task successfully has taken AT&T, Novell and SCO at least 20 years, with access to expensive equipment for design and testing, well-trained UNIX engineers and a wealth of experience in UNIX methods and concepts.

86. It is not possible for Linux to rapidly reach UNIX performance standards for complete enterprise functionality without the misappropriation of UNIX code, methods or concepts to achieve such performance, and coordination by a larger developer, such as IBM.

Setting aside for a moment the point that the facts here are all wrong, the engineering and history are even worse. In 1975 when the first version of Unix was beginning to appear on PDP-11 computers in Bell Labs, IBM was releasing the MVS operating system to world wide commercial use. MVS architecturally supported a 16 CPU mulitprocessor configuration. Subsequently, IBM added 16-32 processor support to VM (another mainframe system), OS/400 (for business minicomputers), and OS/2 (another PC operating system). None of these systems is based on any Unix design principles, let alone SCO trade secrets.

It is true that support of symmetric multiprocessing requires some delicate system design. However, if IBM can do it on four other operating systems on three incompatible hardware platforms, and once more on AIX, then it is reasonable to assume that they figured out how the trick is done. Applying the same techniques to a sixth operating system (Linux) does not require misappropriation of any SCO trade secrets.

This case has been widely discussed. So far, nobody has been able to identify a single concrete fact or logical argument in support of the SCO complaint. Every day some crackpot complains that the big companies could never have invented cell phones or electric toothbrushes without sneaking into his room at night and stealing his ideas. The only difference between SCO and the larger population of delusional paranoids is that SCO can afford to hire David Boies.


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The SCO lawsuit and Linux (Score: 1)
by NZheretic on Tuesday, March 25 @ 16:49:20 EST
(User Info | Send a Message)
Linux Kernel Gurus Reject SCO-Caldera v IBM Lawsuit Claims

SCO-Caldera v IBM: Conectiva's Gordon Ho Responds to SCO-Caldera's Linux-Related Allegations

SCO-Caldera v IBM: Linus Torvalds Comments on SCO-Caldera's Linux-Related Allegation


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