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The BSD Smokescreen by Dr Stupid |
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Thursday, February 19 2004 @ 04:33 AM EST
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Here is an article by Dr Stupid on the subject of the copyright notices in the BSDi settlement files. After doing some research, he comes to the conclusion that whatever is in the sealed USL/BSDi settlement, it appears to be irrelevant to the Linux ABI files, because they do not appear to have been copied or derived from those in BSD. Here is his report, with his research.
Dr Stupid is a senior software engineer and describes himself also the 'licensing
and IP man' at his UK firm, and he has been professionally involved in drawing up EULAs and licences for various products.
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The BSD Smokescreen
~ by Dr. Stupid
SCO's mentioning the USL vs BSDi settlement in connection with their threatened actions against Linux end users gives the last
section of an OSnews interview published earlier in the year
fresh relevance. It gives a hint why SCO may feel the
settlement gives them ammunition but it also helps to put that claim in
perspective.
The interviewer asked some FreeBSD developers about SCO's allegations. This, you will remember, was back in April, when SCO had made vague noises that led some to think they might intend to go after the BSDs (and Apple in particular.) The status of the
4.4 BSD-Lite codebase, on which all the current open-source BSDs are
built, is highly relevant to Linux, because in the past, the Linux kernel has drawn on
code from the BSD-Lite kernel -- although there is very little
overlap now between the Linux kernel and BSD-Lite.
Some pertinent quotes from the article:
"[There is BSD code derived] from
Unix 6th and 7th edition, as well as 32V. Only the copyrights were
similar to those used in System V source files. The code in question was
merely blessed by USL and acknowledged as originating there by the
Regents."
"There never was any System V code in
any BSD. Ever."
The article includes a link to the original
press release about the settlement. A quote from that press release gives a clue as to the terms of the settlement:
"The settlement restricts further use
and distribution of certain files in the Second Networking Release and requires that certain files in 4.4 BSD-Lite
include a USL copyright notice. In addition to providing several
enhancements, the new 4.4 BSD-Lite Release will replace most of the
restricted files and incorporates all the agreed-upon modifications and
notices. Thus, 4.4 BSD-Lite will not require a license from nor payment
of royalties to USL. The University strongly recommends that 4.4
BSD-Lite be substituted for Net2." [emphasis mine.]
The FreeBSD developers expanded on this:
"All files in the Mac OS or FreeBSD
source trees that have USL copyrights are specifically covered under an
agreement to settle the 1992 lawsuit between the University of
California Regents and Novel [sic] (the folks that purchased USL while the
lawsuit was going on). That agreement specifically stated that Novel, [sic]
and its successors, would not sue
anybody who based their systems on 4.4lite. FreeBSD is based on
4.4lite, and is therefore immunized against such legal action based on
copyright claims. UCB, for their part, removed certain files, rewrote others and
added the copyright notices to still others. FreeBSD has no code that
infringes upon the SCO group's intellectual property." [again,
emphasis mine.]
This interview states aspects of the settlement in a very clear and
succinct way, and it makes some things clear. All USL code in BSD is derived from pre-SysV code. Therefore, any BSD
code re-used in Linux is *not* SysV code, but based on so-called
"Ancient Unix", which was released
under a BSD-style licence by Caldera after the sealed settlement SCO relies on. That means that any action
SCO could take over BSD code in Linux would be restricted to complaints
about missing copyright notices (if there are any). A simple corrective action seems obvious.
Darl McBride spoke of copyright stripping in his Harvard talk but had
hinted at the missing copyright notices angle some time ago in his comment
regarding the piece of code reused from ancient unix by SGI, the
infamous ate_utils.c:
"However, nothing can change the fact
that a Linux developer on the payroll of Silicon Graphics stripped copyright attributions from
copyrighted System V code that was licensed to Silicon Graphics under
strict conditions of use, and then contributed that source code into
Linux as though it was clean code owned and controlled by SGI."
[emphasis mine.]
Most interestingly (for me at least) there is a hint about why SCO
talks of rights with regards to the settlement.
"That agreement specifically stated
that Novel, [sic] and its successors, would not sue anybody who based their
systems on 4.4lite." That statement could be taken to read (and
SCO might assert) that Novell (and thus their
successors in interest, which SCO claims to be) reserved the right to sue someone who violated
the USL copyrights in systems not based on 4.4-Lite. In other words, it is conceivable that SCO may assert that it's acceptable to use this code in BSD, but not in Linux.
The reporters at Newsforge came to a similar conclusion in this
article:
"Today we are leaning more to the
view that SCO is going to claim that the 1994 settlement does not allow
the use of Unix code in Linux, even if it was part of 4.4 BSD Lite."
SCO said something along these lines in their ABI
letter:
"The UNIX ABIs were never intended or
authorized for unrestricted use or distribution under the GPL in Linux.
As the copyright holder, SCO has never granted such permission."
Novell, who have an advantage over most of us in knowing precisely what
was in the settlement, may well have a different interpretation from
SCO.
In fact, code does not have to be released under the GPL to
be included in Linux, merely a GPL-*compatible* license. The
BSD4.4-Lite license, especially after UCB waived its advertising requirement, is
GPL-compatible. So these header files could have been legally included
in Linux without any further grant of permission from either UCB or USL's
successor in interest. But as we shall see, this is a moot point since the
headers are not and never were copied into Linux.
We can get further insight into the terms of the sealed settlement
-- at least as far as they affected BSD -- from the release
of BSD 4.4-Lite. This release had all encumbered files removed; any
remaining code that had been written by USL
was given permission to remain in BSD. One condition of the settlement
(see above) was that a USL copyright notice had to be attached to those
files which contained USL-written code.
BSD4.4-Lite is still available from various online archives (search for
"4.4BSD-Lite.tar.gz" on Google.) Having obtained a tarball of the
original BSD4.4-Lite sources, I located all the kernel source files with
this USL copyright notice: 81 files out of about 2200.
Here is the copyright notice used in the files:
/*
* Copyright (c) 1991, 1993
* The Regents of the University of
California. All rights reserved.
* (c) UNIX System Laboratories, Inc.
* All or some portions of this file are derived from material
licensed
* to the University of California by American Telephone and
Telegraph
* Co. or Unix System Laboratories, Inc. and are reproduced herein
with
* the permission of UNIX System Laboratories, Inc.
*
* Redistribution and use in source and binary forms, with or
without
* modification, are permitted provided that the following
conditions
* are met:
* 1. Redistributions of source code must retain the above
copyright
* notice, this list of conditions and the
following disclaimer.
* 2. Redistributions in binary form must reproduce the above
copyright
* notice, this list of conditions and the
following disclaimer in the
* documentation and/or other materials provided
with the distribution.
* 3. All advertising materials mentioning features or use of this
software
* must display the following acknowledgement:
* This product includes software
developed by the University of
* California, Berkeley and its
contributors.
* 4. Neither the name of the University nor the names of its
contributors
* may be used to endorse or promote products
derived from this software
* without specific prior written permission.
Two things are immediately apparent:
1) There are no special additional restrictions
on the redistribution of USL-derived BSD files, beyond the usual
BSD-license stipulations.
2) In this version, the so-called "obnoxious advertising clause" is
present; but note that even in the USL-derived files, the advertising
clause doesn't mention USL by name, just UCB. That is, even a compliant
use of the file (I'm ignoring for the moment the waiver that the FSF
negotiated with UCB) would not feature USL in its advertising by name.
You can draw your own conclusions as to whether USL would be in fact
damaged by a non-compliant use.
Some of the files are extremely trivial, and it's hard to see how they
could contain genuinely copyrightable material. In others, code has been
deleted - presumably as part of the settlement terms. For example, in
kern_acct.c the function acct_process() has a body with just the comment
"Body deleted".
I take this to mean that the original body was removed as part of the
settlement and just the "stub" left behind so that the kernel could
still be compiled and used.
It seems fair to assume that USL's successors in interest could only
pursue copyright suits with respect to these 81 files, since the
remaining files in BSD bear no USL copyright. So the next question would logically be, Is
there any code in these 81 files which also appears in the Linux kernel?
In October 2003, "Trepalium" did a Comparator run of
BSDlite vs Kernel 2.6.
Original
Groklaw Post
He found no line-for-line matches between Linux and the USL BSD-Lite
code in the ABI area. On what basis, then, could there be allegations that Linux copied this code
verbatim?
As a example of this, consider the acct.h file. Here is the body of the
BSD-Lite version :
/*
* Accounting structures; these use a comp_t type which is a 3
bits base 8
* exponent, 13 bit fraction ``floating point'' number.
Units are 1/AHZ
* seconds.
*/
typedef u_short comp_t;
struct acct {
char
ac_comm[10]; /* command name */
comp_t ac_utime;
/* user time */
comp_t ac_stime;
/* system time */
comp_t ac_etime;
/* elapsed time */
time_t ac_btime;
/* starting time */
uid_t ac_uid;
/* user id */
gid_t ac_gid;
/* group id */
short ac_mem;
/* average memory usage */
comp_t ac_io;
/* count of IO blocks */
dev_t ac_tty;
/* controlling tty */
#define AFORK
0x01 /* forked
but not execed */
#define ASU 0x02
/* used super-user permissions */
#define ACOMPAT
0x04 /* used
compatibility mode */
#define ACORE
0x08 /* dumped
core */
#define AXSIG
0x10 /* killed
by a signal */
char ac_flag; /*
accounting flags */
};
And here is the Linux counterpart:
/*
* comp_t is a 16-bit "floating" point number with a 3-bit
base 8
* exponent and a 13-bit fraction. See linux/kernel/acct.c
for the
* specific encoding system used.
*/
typedef __u16 comp_t;
/*
* accounting file record
*
* This structure contains all of the information
written out to the
* process accounting file whenever a process exits.
*/
#define ACCT_COMM 16
struct acct
{
char
ac_flag;
/* Accounting Flags */
/*
* No binary format break with 2.0 -
but when we hit 32bit uid we'll
* have to bite one
*/
__u16
ac_uid;
/* Accounting Real User ID */
__u16
ac_gid;
/* Accounting Real Group ID */
__u16
ac_tty;
/* Accounting Control Terminal */
__u32
ac_btime;
/* Accounting Process Creation Time */
comp_t
ac_utime;
/* Accounting User Time */
comp_t
ac_stime;
/* Accounting System Time */
comp_t
ac_etime;
/* Accounting Elapsed Time */
comp_t
ac_mem;
/* Accounting Average Memory Usage */
comp_t
ac_io;
/* Accounting Chars Transferred */
comp_t
ac_rw;
/* Accounting Blocks Read or Written */
comp_t
ac_minflt;
/* Accounting Minor Pagefaults */
comp_t
ac_majflt;
/* Accounting Major Pagefaults */
comp_t
ac_swaps;
/* Accounting Number of Swaps */
__u32
ac_exitcode;
/* Accounting Exitcode */
char
ac_comm[ACCT_COMM + 1]; /* Accounting Command Name */
char
ac_pad[10];
/* Accounting Padding Bytes */
};
/*
* accounting flags
*/
/* bit set when the process ... */
#define
AFORK
0x01 /* ... executed fork, but did not exec */
#define
ASU
0x02 /* ... used super-user privileges */
#define ACOMPAT
0x04 /* ... used compatibility mode (VAX only not
used) */
#define
ACORE
0x08 /* ... dumped core */
#define
AXSIG
0x10 /* ... was killed by a signal */
Now, there are similar symbol names (like AFORK and ac_uid) but they
are needed for API (not ABI) compatibility. It is clear to me even on casual
inspection, therefore, that the Linux file was not copied verbatim from BSD-Lite.
It is also worth pointing out that there is no a.out.h file in
BSD-Lite. There is an equivalent file, sys/tahoe/include/exec.h, which defines the same data
structures as are defined in Linux's a.out.h file - but it has no USL copyright notice, only UCB.
What about the files that UCB agreed to remove from BSD-Lite? Although
we can't see the settlement (yet), it is possible to obtain a shortlist
by comparing the Net/2 version of BSD (which started the suit) and
BSD-Lite to make an educated guess about the removed files.
Of those candidate files, only two seem to be even relevant as far as
name and function is concerned: shm.c and shm.h. However, the Linux shm
files and BSD shm files are very different. Moreover, people with access
to both SysV and Linux confirmed for me that the shm files are different there, too. So
again, there seems to be nothing to support an allegation that these files were
copied into Linux.
The conclusion I have reached, then, is that whatever rights were granted to USL by the
1992 settlement over certain files in BSD, those rights appear to be irrelevant
to the Linux ABI files listed by SCO. It also seems worth mentioning that the Linux coders were not a party to the sealed settlement, in any case.
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Authored by: RealProgrammer on Wednesday, February 18 2004 @ 08:39 PM EST |
That's a very well done piece. I hope the wire services pick it up.
---
(I'm not a lawyer, but I know right from wrong)[ Reply to This | # ]
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Authored by: webster on Wednesday, February 18 2004 @ 09:19 PM EST |
It appears that Dr. Stupid might qualify in court as an expert. This analysis
is clear, convincing and authoritative. SCO of course will have an expert who
may reach different conclusions. Much will depend on how such experts are
impeached and cross-examined by the lawyers. Let us hope we never get to that
point and it is decided early by the judge.
---
webster[ Reply to This | # ]
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Authored by: Alex on Thursday, February 19 2004 @ 12:43 AM EST |
Great work Dr. S.
(I've got to say that while reading it, I was thinking Ren and Stimpy, with the
narrator saying, "Dr. Stupid, how does Darl McBride's brain work?")
Alex
---
Hey Darl!! Did Ross Perot draw your chart?"[ Reply to This | # ]
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Authored by: Anonymous on Thursday, February 19 2004 @ 04:49 AM EST |
/begin{scolawyer}
"3-bit base 8 exponent" lacks a comma in the Linux code, just like the
BSD-Lite code. It is clear this code was copy pasted and changed afterwards.
/end{scolawyer}
[ Reply to This | # ]
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- I like TEX - Authored by: Anonymous on Thursday, February 19 2004 @ 10:32 AM EST
- I like TEX - Authored by: Anonymous on Thursday, February 19 2004 @ 05:55 PM EST
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Authored by: brenda banks on Thursday, February 19 2004 @ 05:01 AM EST |
Dr.S thank you for the easy understanding of these files.it is very hard for
people who are not coders to actually see the difference.this really opens my
eyes even more.
Thank you to all Groklaw contributors without whom we would be struggling in the
dark for understanding.
---
br3n
irc.fdfnet.net #groklaw
"sco's proof of one million lines of code are just as believable as the
raelians proof of the cloned baby"[ Reply to This | # ]
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Authored by: Anonymous on Thursday, February 19 2004 @ 05:05 AM EST |
hmmm.. looks like Dr Stupid is more intelligence that DiDiot.. :) [ Reply to This | # ]
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Authored by: Mark Levitt on Thursday, February 19 2004 @ 05:05 AM EST |
Just to further the evidence that the code in Linux doesn't come from SysV,
here's the thread on the Linux Kernel mailing list where Linus and others
discuss SCO's list of files.
http
://www.ussg.iu.edu/hypermail/linux/kernel/0312.2/index.html#1227
I
think the conclusions they reached were posted at the time, it probably bears
repeating.
[ Reply to This | # ]
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Authored by: stend on Thursday, February 19 2004 @ 05:14 AM EST |
I read it, and was writing up a reply, but now I'm getting told I don't have
access to the story. :([ Reply to This | # ]
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Authored by: seeks2know on Thursday, February 19 2004 @ 05:47 AM EST |
Wonderful analysis - clear and concise.
Where else, except here,
can we find such expert, in-depth analysis like this.
Thank you, Dr.
Stupid for your work. And thank you, PJ for providing this outstanding forum to
share our work. --- "The least initial deviation from the truth is
multiplied later a thousandfold."
-- Aristotle [ Reply to This | # ]
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Authored by: Parity on Thursday, February 19 2004 @ 06:36 AM EST |
Slightly offtopic, but reading the article got me thinking about the case yet
again, and I was trying to see SCO's angle in it. Okay, it -could- be a simple
pump-n-dump scheme, but Darl & co must be aware that anything so explicit
would bring the SEC down on them like a ton of bricks (though there may be a
double-bookkeeping kind of pump-n-dump going on... that's another question,
though.) From the 'above-board' gain point of view, though, I think I've found a
motivation that makes sense combined with their other activities.
Basically, SCO has a contract agreement with IBM that they are interpreting in a
kind of strange way, but I think either they legitimately thought that was the
-intended- interpretation or they thought they could make that interpretation
stick. Either way, they can sue IBM and win. If the judge doesn't slice their
damages too far, they may even make some real money out of it, -but- that's not
the point. The point is, in this plan, they win.
-Now- they can pursue threats of legal action against companies with less money
and/or less effective legal teams. Let's see, that would be - everybody.
Regardless of the merits of the case, the thinking now, SCO hopes, is, '_IBM_
lost... we'd better settle.'
Fortunately, it is both true that this case is getting picked apart and SCO's
potential victims will (probably) see the difference between a contract and a
copyright suit, -and- it is true that IBM is making a hash of SCO's case, -and-
it true that RedHat is trying to take the stuffing out of SCO's 'follow-up'
cases which they didn't want anyone to look at closely.
Okay, this is sheerest speculation. I could be completely wrong, it could even
be a plain old pump-and-dump, but I have trouble believing anyone who can speak
in complete sentences could be that stupid, and when it comes to sentences,
Darl, well, Darl can hardly be made to shut up for five minutes.
--Parity None[ Reply to This | # ]
|
- 'What is SCO Thinking?' Theory - Authored by: jmc on Thursday, February 19 2004 @ 06:47 AM EST
- 'What is SCO Thinking?' Theory - Authored by: Jude on Thursday, February 19 2004 @ 07:10 AM EST
- What have they got to lose - Authored by: Anonymous on Thursday, February 19 2004 @ 07:50 AM EST
- 'What is SCO Thinking?' Theory - Authored by: swengr on Thursday, February 19 2004 @ 08:38 AM EST
- *** - Authored by: cybervegan on Thursday, February 19 2004 @ 09:52 AM EST
- 'What is SCO Thinking?' Theory - Authored by: Anonymous on Thursday, February 19 2004 @ 08:47 AM EST
- UNIX lineage is complex... - Authored by: Anonymous on Thursday, February 19 2004 @ 10:00 AM EST
- 'What is SCO Thinking?' Theory - Authored by: darthaggie on Thursday, February 19 2004 @ 10:23 AM EST
- Yes, it was planned, and abetted by Microsoft. - Authored by: Anonymous on Thursday, February 19 2004 @ 11:50 AM EST
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Authored by: Anonymous on Thursday, February 19 2004 @ 08:13 AM EST |
Considering that Groklaw is supposed to be a forum for truth and honesty, there
seems to be a bit of a cover-up going on here.
Earlier today there was an article about the Dept of Defense and their use of
Linux. Then it disappeared. Someone started a thread about it under this
article (which replaced the DoD one) and their post disappeared!!!
At least be open and give us an explanation.[ Reply to This | # ]
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Authored by: Anonymous on Thursday, February 19 2004 @ 08:21 AM EST |
When the Caldera/old SCO deal went thru...I don't think that Ransom Love, or
anyone at Caldera, knew what assets they bought from old SCO! I doubt that
Caldera's management really knew or cared to know about details! Why? Because
they were acting on a Marketing Department related vision!
SO, Dr Stupid's BSDi related stuff above was also well beyond their
comprehension, and was not even in their "need to know scope(s)" as
well. The whole old SCO deal, it was like as if Caldera was buying a car that
looked good to them... and they did not spend the time to understand the details
about the car, and if they owned the patents and copywrites... There can be an
arguement that they were also buying old SCO's sales and distribution channel as
well (so the money they paid was not "just for UNIX"... lots of other
old SCO assets came with the deal!
1st reason why Caldera/SCO marketing guys filed suit:
They just were plain mad at IBM (for pulling out of Monterey)! Monterey, per
Ransom Love, seemed to be one of the corner stones to their master plan! It is
only now that they are discovering just what the GPL means, and what of UNIX
they own (and that what they bought did not come with Novell assigned
copywrites)!
Here is evidence of LOVE's views early on (post UNIX purchase vision):
Ransom Love's Secret Master Plan for Linux and UNIX
Posted on Wednesday, August 23, 2000 by Don Marti
http://www.linuxjournal.com/article.php?sid=5406
What Caldera knew they owned is seen in Ransom Love's statement here:
"One more question for Ransom is whether he got any software patents in the
acquisition. He doesn't know, and adds, "That wasn't our intent." [end
quote]
So - the CEO didn't even know what they bought from SCO? One would have thought
that they would have wanted to know if they had patents and even copyrites at
the time? It seems that for some reason, the details of what they were buying
did not seem to matter to them at the time?
However, the Marketing guys had a SOLID vision of Caldera's Master plan
regarding UNIX and LINUX all along, it was as follows from the same interview:
"As Linux "forks" — hopefully through a proliferation of
compile-time options, not a real fork, Ransom hastens to add — the high-end
parts will end up participating in some sort of technology-sharing arrangement
with UnixWare".
"So, Linux, UnixWare, Openserver, Monterey (or whatever they're calling it
now) — what is the secret master plan? I draw a chart — OSes down the left,
years across the top, fill in "Linux 2.4" in 2001 with a question
mark, and ask Ransom to fill in the rest. Arrows sprout from Linux and spread
like fungus tendrils into the "UnixWare" and "Monterey"
areas — that's the compatibility thing — and a big arrow moves forward into the
future along the UnixWare/Linux dividing line. This represents the spawn of
Linux and UnixWare, an über-OS with a yet-to-be-determined licensing policy.
Ransom says you'll be able to see the source code, but parts will be open
source, and parts will be "viewable source" — you'll be able to read
it, but not modify and redistribute it". [end quote]
I think that Caldera bought old SCO with the idea that this would mean that they
"owned UNIX", in a proverbial sort of way, and with this sword, they
thought that they held all the aces regarding UNIX (and maybe LINUX). And also
maybe they thought they may have been able to hold sway over IBM and
"Monterey" as well (at the high end)? Who knows. But maybe?
They were looking to have a LSB (Linux Standards Base) feed everything up the
food chain to them.
Yep, the marketing vision they had was that because they bought old SCO they
owned UNIX (meaning that they thought that for the high end were king of the
UNIX/LINUX jungle)!
The devil is in the details, and these guys that bought this UNIX stuff were not
detail type guys... the were from Marketing, and were into visions of greatness
instead!
Dr. Stupid's BSDi stuff, was not even looked into when they bought old SCO out!
It appears that they simply were not into the details at the time![ Reply to This | # ]
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Authored by: PolR on Thursday, February 19 2004 @ 08:41 AM EST |
Read this
Computerworld article
[ Reply to This | # ]
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Authored by: Anonymous on Thursday, February 19 2004 @ 08:59 AM EST |
This has nothing to do with the article, and everything to do with the nom de
plume employed, so please excuse the off-topicness.
Basically, the
issue I have is this - while cute, referential in-joke names are fine for geek
boards and so forth, I believe they can do the community a great disservice in
the wider world. Particulary in the case of this article, where the choice casts
the author in an unflattering light. People who do not get the reference may
wonder why they want to waste their time reading something from a "Dr Stupid",
after all. Picture your own reaction to, say, a stock market analysis by "Leader
Deslock" or a physics paper by "The Stinky Cheese Guys".
While such
names carry a certain cachet of geek coolness within the community, they do
little to make the community seem authoritative to newcomers and outsiders to
whom we might wish to reach out.
No doubt many will take offense at
either my perceived attempt to be a language cop of sorts, or at my apparent
lack of a sense of humour. My apology if I have offended the original author and
other Groklaw members, and an apology to those who think I'm trying to "kill the
fun", as well. Whatever the case, I still believe that the maturation of Groklaw
from casual blog to valuable legal resource and citation database would benefit
from a similar maturation of our choice of pen names.
Howard Kistler[ Reply to This | # ]
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- OT: Geek names - Authored by: DrStupid on Thursday, February 19 2004 @ 09:13 AM EST
- OT: Geek names - Authored by: Anonymous on Thursday, February 19 2004 @ 09:16 AM EST
- OT: Geek names - Authored by: darthaggie on Thursday, February 19 2004 @ 10:36 AM EST
- Golly, thanks - Authored by: Anonymous on Thursday, February 19 2004 @ 11:56 AM EST
- Golly, thanks - Authored by: Anonymous on Thursday, February 19 2004 @ 12:45 PM EST
- Golly, thanks - Authored by: Anonymous on Thursday, February 19 2004 @ 01:04 PM EST
- OT: Geek names - Authored by: RealProgrammer on Thursday, February 19 2004 @ 12:51 PM EST
- OT: Geek names - Authored by: Anonymous on Thursday, February 19 2004 @ 01:19 PM EST
- OT: Geek names - Authored by: Tomas on Thursday, February 19 2004 @ 02:47 PM EST
- Grockname - Authored by: Anonymous on Thursday, February 19 2004 @ 08:40 PM EST
- OT: Geek names - Authored by: John Hasler on Thursday, February 19 2004 @ 12:51 PM EST
- OT: Geek names - Authored by: Anonymous on Thursday, February 19 2004 @ 12:59 PM EST
- OT: Geek names - Authored by: Anonymous on Thursday, February 19 2004 @ 01:09 PM EST
- OT: Geek names - Authored by: Anonymous on Thursday, February 19 2004 @ 03:05 PM EST
- OT: Geek names - Authored by: Anonymous on Thursday, February 19 2004 @ 03:29 PM EST
- In the spirit of this thread... - Authored by: bete noire on Thursday, February 19 2004 @ 01:41 PM EST
- OT: Geek names - Authored by: sam on Thursday, February 19 2004 @ 01:48 PM EST
- Whats in a name? - Authored by: tintak on Thursday, February 19 2004 @ 01:55 PM EST
- Geek names, anonymous postings, and credibility - Authored by: Anonymous on Thursday, February 19 2004 @ 02:24 PM EST
- Motley Fool? - Authored by: xtifr on Thursday, February 19 2004 @ 06:13 PM EST
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Authored by: Anonymous on Thursday, February 19 2004 @ 09:09 AM EST |
This discussion does not address SCO's claim. SCO claims that the agreement
required that USL copyright be added to a collection of files and UCB did not
add the copyright notices.
The above discussion deals with what is there. It does not address files that
SCO claims are still missing the USL copyright notice.[ Reply to This | # ]
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Authored by: Anonymous on Thursday, February 19 2004 @ 09:21 AM EST |
Whatever insights Ransom Love and his associates had into how a company could be
built with Linux as a foundation have totally escaped Darl and crew. Further,
it sometimes seems to me that his use of language (grammar and sentence
structure) betrays fundamental flaws in his intellect and thought processes.
(Note: After saying this, it's clear that the pot is calling the kettle
black.)
[ Reply to This | # ]
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Authored by: Anonymous on Thursday, February 19 2004 @ 09:53 AM EST |
I was reading some documents pertaining to another intellectual property case
and came across this:
"The copyright doctrine of de minimis use is based on the axiom “De minimis
non curat lex” or “The law shall not concern itself with trifles.”19 In other
words, there are those cases where copying may have technically occurred, but
the amount copied is so minor and insignificant to the overall work as a whole,
that courts should not waste judicial resources sending such cases to trial; the
“de minimis” use is excused.20 For example, in Newton v. Diamond, the court
found that copying three notes, or 2%, from a song was de minimis and therefore
non-infringing.21"
I think this concept would certainly apply in SCO's attacks on Linux. The Linux
community has already proven that SCO does not own any Linux IP. Just for a
moment, give SCO the benefit of the doubt. Assume for a moment that they do in
fact own all the files they list in their filings outright. The fact of the
matter is the amount of code in question is so insignificant (<<<1%).
"de minimis" would apply. The amount of code in question is so minor
and so insignificant to Linux as a whole that it is a waste of time and
resources to split hairs over it.[ Reply to This | # ]
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Authored by: Anonymous on Thursday, February 19 2004 @ 10:34 AM EST |
Not simply a woefully inadequate response, deliberate misrepresentation of facts
consistent with misrepresentation of corporate identity:
" INTERROGATORY NO. 6:
For each line of source or object code and each method identified in response to
Interrogatory No. 1, please identify: (a) the origin of the code or method,
including when, where and by whom the code or method was created; and (b) all
products in which, in whole or in part, the code or method is included or on
which, in whole or in part, the code or method is based.
SUPPLEMENTAL RESPONSE TO INTERROGATORY NO. 6:
Subject to and without waiving its objections, Plaintiff supplements its
response to this Interrogatory No, 6 and states that the origin of the code
and/or method identified in response to Interrogatory No. 1 above is at two
levels. At the original level, the origin of the code or method, or that on
which it is based, is UNIX System V code licensed by IBM and Sequent, i.e.,
System V Release 3.2 and System V Release 4.0, as AIX and Dynix/ptx are
modifications or derivatives of UNIX System V. At the modification or derivative
level, the origin of this code is from AIX or Dynix/ptx as set forth in the
Tables and tabbed exhibits in response to Interrogatory No. 1. Because that work
was done by IBM and Sequent and because SCO has not received complete discovery
from IBM on the creation of this code, SCO cannot provide any further detail as
to who at IBM or Sequent created the code or method or precisely when they did
so. To the extent the contributions by IBM identified in response to
Interrogatory No. 1 publicly identify who at IBM made the contribution to Linux,
it appears in the tabbed exhibits in response to Interrogatory No. 1. The code
or method identified in response to Interrogatory No, 1 is included in any
product that contains the Linux kernel 2.4 and above, which is sold or
distributed by hundreds of entities around the world thereby making it
impossible to identify all products in which this code is included. As to SCO,
the products that it discontinued distributing that include the information
identified in response to Interrogatory No. 1 likewise are those that contain
the Linux kernel 2.4 and above. These products are as follows:
SCO Linux Server 4.0, Powered by UnitedLinux IFF (64bit Itanium)
SCO Linux Server 4.0, Powered by UnitedLinux"
Caldera OpenLinux 3.x shipped with kernel 2.4.x. "SCO" has deliberatly
and knowingly provided inadequate response to this interrogatory. There may be a
long wait until a ruling on compliance, but the wait will probably be worth it
on the basis of this response alone (not to mention any number of others).[ Reply to This | # ]
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Authored by: Christian on Thursday, February 19 2004 @ 10:47 AM EST |
Caldera's release of the code of ancient UNIX is not as useful as some people
are representing it.
The first release, in 2000, was under a very restrictive
license
. Then it was released under a "BSD-style" license in 2002. But this
is like the old style BSD license, with the obnoxious advertising clause.
(PJ covered this on paleo-groklaw.)
Code from these releases cannot legally be put into a GPLed program, because the
license is not GPL compatible. This is because the advertising clause is an
extra restriction, and you cannot release under the GPL with extra
restrictions.
People seem to wave around this old Caldera release thinking
that it is a "get out of jail free" card for any ancient UNIX that is
(hypothetically) hidden in the Linux kernel. At best, it would limit the
damages of any hypothetical infringement.
[ Reply to This | # ]
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Authored by: Anonymous on Thursday, February 19 2004 @ 10:48 AM EST |
Has anybody looked at this:
http://www.groklaw.net/comment.php?mode=display&sid=20040218161420770&ti
tle=Blake+Stowell+-+We+can+distribute+Linux+on+non-GPL+terms%2C+and+ANOTHER+disc
overy+lie&type=article&order=&pid=78728
In short
1. SCO say they only distributed Linux 2.4 for a short-time and attached a list
of invoices for sales of SCO Linux 4
This omits (some might say denies): The distribution via their web site
(despite IBM specifically asking about it in seeking clarification) - they write
as if this never happened or isn't happening now
(Note: SCO even themselves acknowledged as of 9/26/2003 they were distributing
Linux via their web site - links to news report with Blake Stowell quote
included in above comments)
2. According to a later comment, they deliberately covered up (denied?) that
"Caldera OpenLinux 3.x in all releases shipped with kernel 2.4.x."
~~
[ Reply to This | # ]
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Authored by: gerrynjr on Thursday, February 19 2004 @ 10:53 AM EST |
Very well thought out, informative article, thanks for the great reading, Dr.
Stupid (or.. shall I say, not-so-stupid)[ Reply to This | # ]
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Authored by: pterandon on Thursday, February 19 2004 @ 11:09 AM EST |
It's fine to have secret code names for a discussion board.
Putting out a scholarly analysis of something, an article that you're hoping the
press will pick up, when you've got a goofy code name does a disservice to
yourself.
[ Reply to This | # ]
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Authored by: Anonymous on Thursday, February 19 2004 @ 11:17 AM EST |
http://news.zdnet.co.uk/business/0,39020645,39146662,00.htm
An open-source industry group has filed a new complaint with the Australian
Competition and Consumer Commission against controversial software company the
SCO Group, saying the vendor is attempting to alter previously granted licences.
[ Reply to This | # ]
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Authored by: Anonymous on Thursday, February 19 2004 @ 11:23 AM EST |
Just read some wonderful news....
http://www.computerworld.com/governmenttopics/government/legalissues/story/0,108
01,90205,00.html
SCO may not own "derivate works"... :)[ Reply to This | # ]
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Authored by: Anonymous on Thursday, February 19 2004 @ 11:32 AM EST |
<rs>
We've got to get out of here man.. before they let the MARMOSETS LOOSE!!
</rs>
[ Reply to This | # ]
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Authored by: jmc on Thursday, February 19 2004 @ 11:56 AM EST |
I thought it was my turn to ask the daily "When is Judge Wells going to
rule?" question.
[ Reply to This | # ]
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Authored by: Anonymous on Thursday, February 19 2004 @ 11:56 AM EST |
Anybody else find this amusing?
http://servers.itmanagersjournal.com/servers/04/02/18/1949248.shtml
In this article, the question is asked of Blake Stowell, "If, as SCO
claims, the GPL is invalid, what gives them legal permission to distribute this
software?"
His answer is good for a giggle.[ Reply to This | # ]
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Authored by: Anonymous on Thursday, February 19 2004 @ 12:13 PM EST |
Your point is well taken about a poetry in a book of poems. However, that
analogy is apples and oranges. The code that TSG cited as being theirs is a
bunch of header files. There isn't any meat there. TSG claims ownership of the
fat drippings on a steak. It is sort of like the icon of an application. Try
this analogy: TSG's graphic icon got somehow incorporated in to Linux so they
want to claim ownership and sell licenses for the whole thing. Yeah you have to
click on the icon to get the application to run so however it doesn't have any
important function to Linux.
[ Reply to This | # ]
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Authored by: Stumbles on Thursday, February 19 2004 @ 12:18 PM EST |
Here is an interesting piece at Orange Crate with links;
http://www.orangecrate.com/article.php?sid=632 [ Reply to This | # ]
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Authored by: Anonymous on Thursday, February 19 2004 @ 12:27 PM EST |
PJ is responsible for the content of her site. It is up to her to moderate
postings. There is a lot of content that just doesn't belong here for a variety
of reasons including: not relevant, abbusive, lies, slander, illegal, bad
language.
When an error in fact occurs, it should be corrected. This doesn't have to be
done with a lot of fanfare.
PJ has done a good job keeping groklaw focused on the matter at hand. That
includes news, legal documents, commentary/opinion, and reader postings that are
relevant to the discussion. I hope we never get to the point where every
posting must be preserved. [ Reply to This | # ]
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Authored by: Glenn on Thursday, February 19 2004 @ 12:49 PM EST |
Concerning all of the smokescreens and specifically the "Ancient
Unix" 32V. Was it ever explicitly placed in the public domain? Or was that
something the judge in the USL vs BSDI suit hinting that it had been done
implicitly?
Glenn[ Reply to This | # ]
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Authored by: Anonymous on Thursday, February 19 2004 @ 12:56 PM EST |
http://www.globetechnology.com/servlet/story/RTGAM.20040219.gt-copyright0219/BNS
tory/Technology/
There are many examples, and the Electronic Frontier
Foundation has a list of "unintended consequences" of the DMCA. For instance,
the act has been used by Hewlett-Packard to stifle a company that exposed a
security flaw in HP's Tru64 Unix operating system. Microsoft, seeking to protect
its multibillion-dollar investment in its Xbox gaming console, used the DMCA to
stop a firm from making a "mod chip" that would affect the way the console
worked. Agfa Monotype Corp. sued a student because he had written a program that
embeds fonts in documents. And the most offensive example is with SCO Group,
which claims Linux has trampled SCO's intellectual property rights in an effort
to protect SCO's product, Unix, an aging operating system.
[ Reply to This | # ]
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Authored by: mjscud on Thursday, February 19 2004 @ 01:01 PM EST |
Dr. Stupid seems to me to have clearly shown that the BSD copyright notices are
not a concern.
I have one remaining concern regarding possible improper
contributions to Linux.
If TSG is not AT&T's successor in interest,
which seems quite possible, then this becomes moot.
But SCO is
fishing.
As others have said, SCO is fishing for a file or files which
started out as System V code and got transformed step by step into released AIX
code.
If they found it, they might have a contract case against IBM. To
quote from the AT&T/IBM Side Letter:
employees of
LICENSEE shall not refer to the physical documents and materials comprising
SOFTWARE PRODUCTS subject to this Agreement when they are developing any such
products
I understand IBM is careful to obey the terms of its
contracts, and would have internal regulations against someone starting with a
copy of the System V code, transforming it, and then donating it to Linux. So
this fishing expedition should fail. But an IBM programmer may have broken the
rules.
My questions are:
Would it be improper for judge Wells to
allow this fishing expedition?
If the fishing expedition is allowed, and SCO
hooks a file like that which is evidence of IBM breaking this side letter in its
contract with AT&T:
Is the evidence invalid since it came for a fishing
expedition, and SCO didn't have evidence of it earlier?
Do various other
issues, such as the tangled history of the System V code, make such a violation
a don't care? In particular I note
If information relating to a
SOFTWARE PRODUCT subject to this Agreement at any time becomes available without
restriction to the general public by acts not attributable to LICENSEE or its
employees, LICENSEE's obligations under this section shall not apply to such
information after such time
Has all of System V become
available without restriction to the general public?
Would it have any
affect on the right of Linux users to use code with this sort of history?
Am
I right that the maximum remedy that could be asked of Linux users is to replace
the individual file?
Would finding such a violation of IBM against AT&T
(if indeed such a violation was found) mitigate IBM's counter claim damages
against TSG?
--- Even a fool, when he keeps silent, is considered wise.
Proverbs 17:28 [ Reply to This | # ]
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Authored by: Anonymous on Thursday, February 19 2004 @ 01:30 PM EST |
"An open source industry group has filed a new complaint to the Australian
Competition and Consumer Commission against controversial software company the
SCO Group, saying the vendor is attempting to alter previously granted
licenses."
http://www.zdnet.com.au/news/software/0,2000061733,39116222,00.htm[ Reply to This | # ]
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Authored by: Anonymous on Thursday, February 19 2004 @ 01:45 PM EST |
3 articles have just come up.
They really have been reading Groklaw.
Brian S[ Reply to This | # ]
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Authored by: Ted Powell on Thursday, February 19 2004 @ 01:47 PM EST |
"... That agreement specifically stated that Novel, [sic] and
its successors, would not sue anybody who based their systems on 4.4lite.
..."
FWIW, I take that as saying "4.4lite is clean."
A claim
such as the one predicted here:
"Today we are leaning more to
the view that SCO is going to claim that the 1994 settlement does not allow the
use of Unix code in Linux, even if it was part of 4.4 BSD
Lite."
would seem much more plausible to a nit-picker such as
myself if the first quote had contained:
"would not sue anybody who based their
systems solely on 4.4lite."
or even:
"would not sue anybody who based
their systems primarily on 4.4lite."
--- Truth is not
determined by majority vote. [ Reply to This | # ]
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Authored by: Anonymous on Thursday, February 19 2004 @ 01:50 PM EST |
Hah! Why do you guys think Darl took the DMCA angle? Because he knew very well
that a copyright suit will not work against Linux users so he went for the
'tampering with copyright protection information'.
[ Reply to This | # ]
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Authored by: geoff lane on Thursday, February 19 2004 @ 03:09 PM EST |
Looking at the file acct.h in Solaris 8 and AIX 4.3 we can see something quite
interesting. In the case of Solaris the acct.h file has the following copyright
notices...
<p>
<pre>
/* Copyright (c) 1984, 1986, 1987, 1988, 1989 AT&T */
/* All Rights Reserved */
/* THIS IS UNPUBLISHED PROPRIETARY SOURCE CODE OF AT&T */
/* The copyright notice above does not evidence any */
/* actual or intended publication of such source code. */
/*
* Copyright (c) 1997, by Sun Microsystems, Inc.
* All rights reserved.
*/
</pre>
<p>The IBM version has a copyright notice...
<p>
<pre>/* This is an automatically generated prolog.
*/
/* */
/* bos430 src/bos/kernel/sys/acct.h 1.10 */
/* */
/* Licensed Materials - Property of IBM */
/* */
/* (C) COPYRIGHT International Business Machines Corp. 1988,1993 */
/* All Rights Reserved */
/* */
/* US Government Users Restricted Rights - Use, duplication or */
/* disclosure restricted by GSA ADP Schedule Contract with IBM Corp. */
/* */
</pre>
<p>Notice no mention of AT&T.
[ Reply to This | # ]
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Authored by: Anonymous on Friday, February 20 2004 @ 12:24 AM EST |
Well, you mentioned ate_utils.c and "body deleted" functions in the
same article, so this little tidbit is easy to deduce. SGI has more or less
admitted that SysV was the source for the ate_alloc() and ate_free() code, but
it's interesting to note that the code in question was deleted from 4.4BSD-Lite.
Compare rmalloc() and rmfree() in pstat.c between 4.4BSD-Alpha and 4.4BSD-Lite.
Also compare sub_rmap.c.[ Reply to This | # ]
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