decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books
Your contributions keep Groklaw going.
To donate to Groklaw 2.0:

Groklaw Gear

Click here to send an email to the editor of this weblog.


Contact PJ

Click here to email PJ. You won't find me on Facebook Donate Paypal


User Functions

Username:

Password:

Don't have an account yet? Sign up as a New User

No Legal Advice

The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
More Discoveries about AIX on POWER & Project Monterey
Monday, April 04 2005 @ 11:18 PM EDT

In the last story, a comment was left challenging the importance of the 1999 press release I found in which a SCO VP enthused about Project Monterey and AIX on POWER. The reader wrote:

"Unfortunately this is all about SVR4 in AIX, not about AIX on Power. Maybe you should try to go read something about Joint Project Work and so."

Groklaw already addressed that issue about SVR4 several times. But new readers keep showing up. Here's what it's about. It was reported in the media that SCO was saying that IBM only had a license to use SCO's SVR4 code on Intel, but that after Project Monterey sputtered out, IBM used it on POWER, but IBM had no license for anything but SVR3 for POWER. Supposedly SCO has unearthed emails in discovery that they allege prove this theory.

Shy though I am, I never shy away from a research challenge. So I looked around (thank you, Google Scholar), and here are some things I found that demonstrate to me that the goal of Project Monterey was to eliminate fragmentation, to increase compatibility, and POWER was not in some SVR3 ghetto. POWER was part of the original Project Monterey project, not an afterthought. Another goal was Linux compatibility. Yup. At least that is what I have concluded. See if you agree, after you've examined the evidence. I've highlighted the juicy parts in red.

Let's start with this quotation, from "Project Monterey: A Strategic Approach to Business Computing" [PDF]:

Project Monterey is a major UNIX operating system initiative led by IBM ®, joined by SCO, with participation from Intel ® as well as major hardware and software companies from around the world. Under the Project Monterey banner, IBM is working with SCO and others to deliver a single UNIX product line that will run on systems based on IBM Power and Intel 32- and 64-bit architectures.

The goal is simple: to produce a single UNIX product line with broad industry support in order to provide organizations with the widest choice of critical business solutions, leadership technology and the flexibility to run across servers ranging from the workgroup to the data center.

The starting point for reaching that goal is AIX ®, IBM’s industry-leading enterprise UNIX operating environment. Project Monterey establishes an enhanced investment strategy for AIX that will accelerate the delivery of new features and capabilities on IBM processors, such as the planned incorporation of Non-Uniform Memory Access (NUMA) technology from IBM NUMA-Q (formerly Sequent).

In addition, Project Monterey will extend AIX enterprise strengths to the Intel architecture. SCO is incorporating AIX technology into UnixWare to provide an enhanced UNIX operating system for Intel’s 32-bit architecture, IA-32. And to ensure broader compatibility across the product line, UnixWare will be supported by selected IBM tools, middleware and applications. . . .

AIX has been tuned for optimum Internet/intranet performance and capabilities. RS/6000 servers running a pre-release version of AIX 4.3.3 — the first AIX release to be influenced by Project Monterey — recently set new records in Web, Java and SMP NFS performance. . . . With developers in mind, a great deal of thought and attention has gone into providing compatibility across the Project Monterey product line. This will make it easier for developers to support the leading microprocessor architectures, IA-32, IA-64 and IBM Power. The end result will be greater application availability across Monterey/64, UnixWare and AIX. . . .

And businesses can help protect investments as the business environment continues to evolve. By promoting compatibility across different architectures, the single Project Monterey product line will help to protect hardware investments while also permitting the integration of new technologies as needed. And by providing common systems management, it helps companies leverage existing skills and control costs.

Catch that? "The single Project Monterey product line." "Under the Project Monterey banner, IBM is working with SCO and others to deliver a single UNIX product line that will run on systems based on IBM Power and Intel 32- and 64-bit architectures."

Could it get any clearer? Not satisfied? OK. Here's some more.

Another PDF for you, on Project Monterey, also published in 2000, with SCO and IBM logos on it:

The strategy behind Project Monterey is brilliantly simple and clearly focused: deliver the volume, enterprise UNIX platform that spans the leading processor architectures— IBM Power, Intel IA-32 and the upcoming IA-64. Project Monterey enables customers to take advantage of a broad applications portfolio across heterogeneous systems using a common deployment model and skills base.

To meet these objectives, IBM and SCO are combining a rich set of enterprise technologies to deliver a single UNIX product line, supported by a common development environment that allows software developers to exploit these three architectures with a single investment.

The Project Monterey strategy includes a reduction in UNIX fragmentation achieved through enhancements to and technology exchanges among the current products— AIX, ®UnixWare,®and DYNIX/ptx.®Project Monterey is growing our UNIX offerings on today’s leading architectures and enabling seamless integration of Intel’s forthcoming IA-64 architecture. . . .

By delivering a common set of APIs for the IA-32, IA-64, and Power architectures, an extensive set of middleware, and common set of development tools, Project Monterey will enable ISVs to develop a single source that can be compiled for multiple architectures. A comprehensive library of technical information is available. For example, our newest development guides will help to direct your development efforts today to prepare your applications for Monterey/64.

This page is the source of these goodies, by the way. Would you like to see the AIX 5L for POWER logo? Here you go.

Want some more evidence? OK. There is a graphic on page 3, that shows the unity they had in mind, and it reads like this:

Project Monterey Product Line

Develop - Single Source - Source Compatibility

[PJ: Lines from Single Source words point to each of the following]:

PPC AIX
IA-32 DYNIX/ptx
IA-32 UnixWare
IA-64 Monterey/64]

"Project Monterey’s common developer platform enables ISVs to utilize a single source tree and becomes stronger as a result of technology exchanges between AIX, UnixWare and DYNIX/ptx. Project Monterey provides an application development framework for ISVs, and supports a common development and deployment model."

Below that, you find on page 4 the logos for IBM and SCO and www.projectmonterey.com

Here's something else that blew me away. Back in 2000, there was a two-day conference, to teach developers about AIX 5L for Itanium, and what the sign-up page tells us is that one of the goals of Project Monterey was *Linux* compatibility, and it also mentions POWER. At the top of the page, you find Intel, SCO and IBM logos, and here's what developers were told about the Project Monterey Developer Events:

The introduction of AIX 5L signifies the success of the Project Monterey development initiative that includes IBM, Intel and SCO (Server Software Division - acquisition by Caldera Systems, Inc. pending). The primary goals of Project Monterey have been to enhance AIX with proven technologies and to deliver the industry's best enterprise-class UNIX® for Intel's new 64-bit microprocessor based systems (Itanium).

Linux compatibility and support for both Power and Itanium architectures make AIX 5L unique in the UNIX market. This new generation of AIX incorporates technologies from IBM's DYNIX/ptx, SCO's UnixWare, and Linux; making it the leading open enterprise UNIX for systems using both the new IBM Power4 and Intel Itanium microprocessors.

IBM is working to implement Linux API compatibility within AIX and to deliver a common set of application development tools and utilities across AIX and Linux. Together, these will serve to enhance the application portfolio available to AIX customers as well as provide customers with greater flexibility in how they choose to implement their e-business solutions.

Independent Software Vendors (ISVs) will have the added benefits of reducing development expense while addressing a wider spectrum of customer needs within the large market opportunities of Power and Itanium.

So, the three companies described their desire that there be "Linux API compatibility within AIX and to deliver a common set of application development tools and utilities across AIX and Linux." SCO's logo is on that page. Yoo Hoo, AutoZone!

Here's some more, from a Project Monterey brochure:

The AIX 5L operating system is commercially designed and supported, it targets both IBM POWER and the forthcoming Intel Itanium processors. AIX 5L -- which also possesses a strong Linux affinity -- enables ISVs to support a wide range of UNIX platforms with a single source tree and a common development environment. As a result, it provides a fast route to capitalizing on growth in the UNIX industry.

Remember SCO telling the court they were in the dark about IBM's Linux activities until IBM told them Project Monterey was dead in the water? Take a look at this paragraph from the Project Monterey brochure:

What is Project Monterey?

Project Monterey is a major UNIX operating system initiative formed by leading hardware and software partners IBM, SCO and Intel. Its mission has been the creation and continuing development of an open, flexible enterprise UNIX platform that expands business opportunities for ISVs and OEMs while facilitating greater commonality across UNIX products in the marketplace.

The development of AIX 5L has been the key focus of Project Monterey. With AIX 5L, developers now have a UNIX operating system that brings the enterprise strengths of IBM's UNIX operating system (AIX) to the Intel Itanium-based platform, complemented by technologies from SCO's UnixWare and IBM's DYNIX/ptx operating systems. In addition, AIX 5L's strong Linux affinity increases the operating system's flexibility and growth potential.

SCO might tell us they didn't know about POWER or Linux prior to Project Monterey dying, but what does the evidence show? Here's more, a press release demonstrating that other companies also knew about POWER:

 Agreement Calls for VERITAS Software to Port VERITAS Volume Manager and VERITAS File System to AIX/Monterey and Offer Storage Management Products for AIX/Monterey Customers

MOUNTAIN VIEW, Calif. – May 16, 2000 – VERITAS* Software Corporation (Nasdaq: VRTS), the leading enterprise-class application storage management software provider, today announced a business agreement with IBM in support of AIX/Monterey*. As part of the agreement, VERITAS Software will be porting and optimizing its complete set of storage management solutions, including VERITAS Volume Manager and VERITAS File System, to AIX/Monterey for IBM POWER and Intel IA-64 processor-based systems.

"The availability of VERITAS Software solutions for AIX/Monterey will offer our customers choices in storage management to help them maintain the availability of critical data," said Ross Mauri, vice president, UNIX Software, Enterprise Systems Group, IBM Corporation. "The addition of these solutions will enhance the set of AIX/Monterey offerings as the industry's premier UNIX platform."

Notice the date? May of 2000. Oracle knew about it too, and so did SCO's CEO Doug Michels, as we see in this press release from 1999, for crying out loud:

"The integration of Oracle technology into AIX and Monterey/64 moves us toward solving several key challenges our customers face in becoming effective e-businesses," said Michael Rocha, senior vice president of Platform Technologies, Oracle Corporation. "Together, Oracle and IBM are providing a scalable, reliable solution across a broad spectrum of computing architectures that creates lasting stability, quality and reliability for our customers. This agreement helps make AIX and Monterey/64 a preferred Oracle platform for its strategic enterprise UNIX on IBM's POWER and Intel's IA-64 architectures."

"Oracle's support for Monterey/64 is a tremendous step forward in delivering the industry's leading enterprise UNIX platform for Itanium processor-based systems," said Doug Michels, SCO's CEO and president. "We are delighted to see Oracle expand its support to all Project Monterey UNIX systems as it enables ISVs to have direct access to the largest commercial UNIX systems marketplace for their applications."

Here are some paragraphs from a technical paper [PDF], "Understanding IBM RS/6000 Performance and Sizing," which says it was created or updated on June 30, 2000:

2.4 64-Bit Monterey

Project Monterey/64 UNIX is a version of UNIX based on IBM'™s AIX operating system on IBM'™s power CPUs. Project Monterey is a joint effort between IBM, Santa Cruz Operation, Intel Coproration, Compaq, and other companies. Project Monterey is expected to provide greater commonality across UNIX platforms in the marketplace.

Intel want to have a single solid UNIX on IA-64
IBM will license AIX technology to SCO for inclusion in UnixWare and promote this offering to the IA-32 market.

2.4.1 Goals

The goal for Project Monterey is to establish a high-volume, enterprise-class UNIX product line that runs across Intel IA-32 and IA-64 processors and IBM's Power processors. Project Monterey has the backing of various large corporations with the goal of having a common UNIX operating system running on a common hardware CPU.

2.4.3 Porting Applications

Unixware applications are supported on Project Monterey by recompiling the code. Minimal re-writes are expected. Similarly, AIX applications are fully source-code-compatible with the new UNIX operating system on the IA-64 platform. The Project Monterey developer program will include porting guides and a common set of APIs for IA-32, IA-64 and IBM Power processor

Here's a commentary from April of 2000, on Project Monterey:

So what is IBM's 64-bit Unix strategy, and how does it stack up against the competition? Project Monterey is designed to provide developers with one common set of programming and systems management interfaces across multiple environments, allowing them to deliver their applications across the range of systems most frequently used for Unix solutions—IA-32, IA-64 and RISC—with the smallest incremental investment. So, for example, developers could begin porting applications that run on 32-bit platforms to the new Intel 64-bit platform.

It is all part of IBM's continued push to take e-business to the next level. Project Monterey fits well with IBM's recent efforts to move the Linux software application environment (an open operating system) toward an industry standard; both moves seek to provide integration of business processes across disparate server platforms. . . .

A Linux Application Execution Environment is now under development for both AIX and Monterey/64 that will allow many Linux binaries to run on IBM Unix platforms. By providing this portability, IBM is making its platforms available to a broader set of customers whose needs might be better served by running Linux applications. This compatibility also means that fast growing companies can easily migrate to a more robust and powerful Unix environment.

But SCO had no idea. Really? Here's a 1999 IBM webpage, date provided by Wayback, in which it mentions POWER. Clearly it wasn't an afterthought:

Project Monterey is a major UNIX operating system initiative which includes such major industry participants as IBM, SCO and Intel. The initiative will create a volume platform that will expand business opportunities for ISVs and OEMs.

As part of this initiative, a UNIX operating system will be developed for Intel's IA-64 using IBM's AIX operating system's enterprise capabilities complemented with technology from SCO's UnixWare and IBM NUMA-Q's DYNIX/ptx operating systems. IBM will also transfer AIX technology to SCO's UnixWare and promote the offering in the UNIX on IA-32 market. The result will be a single UNIX operating system product line that runs on IA-32, IA-64 and Power microprocessors, in computers that range from entry-level to large enterprise servers.

Finally, here's an AIX 5L resources page from 2001, again with IBM, Intel and SCO logos on it, and it says this about AIX:

First (and only) UNIX operating system to be offered on both POWER and Itanium-based systems, offering customers the flexibility of freedom of choice.

So there you are. Now who's fooling whom? Well, not me, anyway.


  


More Discoveries about AIX on POWER & Project Monterey | 209 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Corrections Go Here Please.
Authored by: Hiro Protagonist on Monday, April 04 2005 @ 11:20 PM EDT
Corrections Go Here Please.

Make them easy to find.

---
I Grok... Therefore... I am.

[ Reply to This | # ]

OT here, please
Authored by: overshoot on Monday, April 04 2005 @ 11:20 PM EDT
If you post links, please make them clickable in HTML mode.

[ Reply to This | # ]

pearls before porcine entities
Authored by: Anonymous on Monday, April 04 2005 @ 11:35 PM EDT
That's some great researh PJ, very thoruogh.

However methinks you were feeding a troll, albeit from a firehose ;)

[ Reply to This | # ]

Remember - SCO is oldSCO now Tarantella and not Caldera/newSCOxe, big difference!
Authored by: Anonymous on Monday, April 04 2005 @ 11:39 PM EDT
Remember - SCO is oldSCO now Tarantella and not Caldera/newSCOxe, big
difference!

Lest we forget or with the word SCO flying around so much in PJ's wonderful
research, SCO is Calera, and is not oldSCO, now Tarantella! OldSCO Tarantella
was the one who had the contract or agreement with IBM, Caldera/SCOxe was not a
party to that agreement, SCOxe was NOT the one that IBM was dealing with during
Monterey, period.

You gotta wonder why Caldera renamed themselves SCO? Tricky lads these
tricksters are, all smoke and mirrors.

[ Reply to This | # ]

SVR4?
Authored by: Anonymous on Monday, April 04 2005 @ 11:42 PM EDT
I thought that SCO was claiming that IBM licensed SVR3 for Power, not SVR4?

This would make a HUGE difference here.

[ Reply to This | # ]

  • SVR4? - Authored by: Anonymous on Monday, April 04 2005 @ 11:51 PM EDT
    • SVR4? - Authored by: PJ on Tuesday, April 05 2005 @ 12:12 AM EDT
    • SVR4? - Authored by: rsteinmetz70112 on Tuesday, April 05 2005 @ 12:20 AM EDT
    • SVR4? - Authored by: DrStupid on Tuesday, April 05 2005 @ 04:18 AM EDT
  • SVR4? - Authored by: AdultSupervision on Tuesday, April 05 2005 @ 12:28 AM EDT
  • SVR4? - Authored by: Anonymous on Tuesday, April 05 2005 @ 05:05 PM EDT
PJ - please go easy on them :-)
Authored by: dmarker on Monday, April 04 2005 @ 11:49 PM EDT

Smashing their Monterey arguments to low viscosity pulp may seem too harsh :-)

Joking aside. You are doing a great job. Keep it up.

PS I also found this link today but I suspect you probably already have it. It is very informative and quotes groklaw extensively. So please excuse me if it is old hat. I found it very helpful.

SCO vs IBM

Doug Marker

[ Reply to This | # ]

The OTHER big lie
Authored by: hutcheson on Tuesday, April 05 2005 @ 12:20 AM EDT
This just keeps getting better and better!

Remember when SCO was claiming that IBM came to THEM because IBM didn't have
experience writing operating systems for 64-bit processors?

Now, old programmers, after recovering from the paroxyms of terminal hilarity,
probably forgot to mention to you legal beagles and young whippersnappers that
IBM virtually INVENTED operating systems, and were doing them on 64-bit machines
in the 1960s, for Pete's sake. Doing them spectacularly badly, and making all
manner of mistakes, doubtless -- but learning from mistakes is certainly one way
of gaining experience. Only the stupidest turnip on the wagon would ever have
made such a claim as that one. (Hi, Darl? do you still read Groklaw?)

Anyway, fast forward to reality, where it's SCO joining IBM to get THEIR
preciousssss IP: where AIX, not SRV4, is the one ring to bring them all and in
the darkness bind them; where even the Linux elves and Power dwarves get little
rings of their own.

What's reality TV compared to this?

Priceless. Just priceless.

[ Reply to This | # ]

More Discoveries about AIX on POWER & Project Monterey
Authored by: codswallop on Tuesday, April 05 2005 @ 12:34 AM EDT
IBM put up this web page on March 29, 2001, which clearly says that AIX 5L contains SVR4 components. It looks like it came from a press release. It took me about 10 minutes to find this, so it doesn't look like IBM made a secret of it. Santa Cruz and Caldera must have known that AIX 5L had SVR4 components in early 2001. Did they all just forget?

IBM is committed to providing world-class support for industry standard technologies in AIX. This support will help simplify the integration of multiple systems and applications. Even more important, these standards can play a pivotal role in allowing you to integrate data and business processes so that you can remain focused on your business. Demonstrating our commitment to standards, AIX was the first 64-bit UNIX to comply with the UNIX '98 standard established by The Open Group. AIX has also included support for TCP/IP V6 since 1997. The new release of AIX 5L provides support for the newest Java 2 Version 1.3 technology. This release also contains UNIX System 5 Release 4 (SVR4) standard components such as the SVR4 Print Subsystem.

---
IANAL This is not a legal opinion.
SCO is not a party to the APA.
Discovery relevance is to claims, not to sanity.

[ Reply to This | # ]

Comment missing?
Authored by: Anonymous on Tuesday, April 05 2005 @ 12:34 AM EDT
There was a comment stating that this really does not specifically tell us if it
is SVR3 or SVR4 that is being talked about in those Monterey quotes? Where did
it go to. Do you have a quote that states that this is SVR4 they are discussing?

[ Reply to This | # ]

More Discoveries about AIX on POWER & Project Monterey
Authored by: Dave on Tuesday, April 05 2005 @ 12:37 AM EDT
Reality check: Project Montery was whatever IBM said it was. It was based
primarily on IBM's technology, IBM was doing the heavy lifting, and SCO was
along for the free ride.

This is classic IBM. "Sure, we'll do all the work, we were going to have
to do it anyway. If you sign on, you'll get to reap the benefits, and we'll
look like we're collaborating and unifying."

The goal was to create the One True UNIX because IBM was didn't want that to be
Solaris anymore.

But you can bet that IBM didn't write those contracts to give away control over
its own work. When it turned out that IA-64 was going to be irrelevant and
Linux was going to become the One True Not-UNIX, what else could they do?

(This isn't based on any inside information, it just looks like typical IBM
behaviour.)

[ Reply to This | # ]

What the heck is so special about SVR4?
Authored by: Totosplatz on Tuesday, April 05 2005 @ 12:50 AM EDT

I can't imagine that even as far back as the late 90's that SVR4 had much to offer that was not already part of AIX.

Any clues?

---
All the best to one and all.

[ Reply to This | # ]

next step
Authored by: Anonymous on Tuesday, April 05 2005 @ 12:50 AM EDT
sco will claim that they did not have the authority to establish a new license
with ibm for the svr4 code re: monterrey and thus ibm are in violation.

sum.zero

[ Reply to This | # ]

  • next step, HOW? - Authored by: Franki on Tuesday, April 05 2005 @ 04:28 AM EDT
    • joking - Authored by: Anonymous on Tuesday, April 05 2005 @ 11:20 AM EDT
The part that caught my eye...
Authored by: seanlynch on Tuesday, April 05 2005 @ 08:36 AM EDT

Here is the line that really stands out to me:

"In addition, Project Monterey will extend AIX enterprise strengths to the Intel architecture. SCO is incorporating AIX technology into UnixWare to provide an enhanced UNIX operating system for Intel’s 32-bit architecture, IA-32."
(emphasis mine)

Maybe SCOX does have code that is common between AIX and SCO UnixWare.

Maybe Santa Cruz Operation put it there. How would SCOX know? They were not part of project Monterey.

I just find it very interesting that Santa Cruz Operation did a project to include code from AIX and from Dynix/PTX into UnixWare, and then later SCOX says that it has examples of code that are exactly the same in UnixWare, Dynix/PTX, and AIX.

Maybe SCOX does not need the entire code base for AIX from IBM to find out how the code got in AIX, but instead it needs the entire code base for UnixWare from Santa Cruz Operation to find out how the AIX got in UnixWare.


I'm reminded of a 'B.C.' cartoon I read as a child. One of the cavemen, working at the top of a very tall cliff, carved two stone idols. They were very 'Easter Island' inspired in their design.

He then pushed one of the idols off of the cliff so it landed a thousand feet below in the soft sand.

One of the other cavemen asked the first "What did you do that for?"

The first replied "In a few thousand years all of the paleontologists are going to be trying to figure out how I got this one up here!"

[ Reply to This | # ]

Interesting Powerpoint I found
Authored by: mhoyes on Tuesday, April 05 2005 @ 09:03 AM EDT
I found an interesting powerpoint (as a PDF) on Project Monterey that I found interesting. This appears to be a presentation for IHVs and ISVs and gives timelines and such. It is here. I hope this hasn't been posted before but I found it interesting to read through.

meh

[ Reply to This | # ]

No Hope
Authored by: Anonymous on Tuesday, April 05 2005 @ 09:14 AM EDT
A textual search of the Monterey reveals no mention
of Power Product or architecture.

This is the relevant grant for copyrights of
the code involved:

-------------------------------------------------
1.0 DEFINITIONS:

1.9 "IA-32 Product" shall mean the UNIX operating
system that is designed to run on Intel architecture
and compatibles and which consists of SCO's UnixWare 7
with the addition of Licensed IBM Materials and any
additional Project Work developed under this Agreement.

1.10 "IA-64 Product" shall mean the UNIX operating
system that is designed to run on Intel architecture
and compatibles and which consists of IBM's AIX
operating system with the addition of Licensed SCO
Materials and any additional Project Work developed
under this Agreement.

2.0 OWNERSHIP AND LICENSES:

(d) License to IBM of Licensed SCO Materials and SCO
Project Work

1. The license grants contained in this section shall
apply to all SCO Third Party Licensed Materials unless
different terms for a specific item of SCO Third Party
Licensed Materials are specified in a Project
Supplement. Any such different license terms must, at a
minimum, provide a worldwide, nonexclusive right and
license consistent with the terms of the license
grants contained in this section for the purpose of
inclusion with, use and distribution of the IA-32
Product and the IA-64 Product. Any separate license
grant for any item of the SCO Third Party Licensed
Materials contained in a Project Supplement
which is more limited than the license grants contained
in this section must be applicable only to items which
are separable from other code in the Deliverable.
---------------------------------------------------

There is *no* hope that the Power architecture is
included in this contract

[ Reply to This | # ]

SCOs misdirection
Authored by: Paul Shirley on Tuesday, April 05 2005 @ 09:45 AM EDT
SCOG have pulled a good trick here, they have everyone believing Monterey was
about how IBM got licenced to use UNIX.

In fact what oldSCO brought to Monterey was UNIX-on-Intel techincal experience
and the agreements necessary to ensure compatibility between Intel & other
versions of the Monterey UNIX. In some ways oldSCO resemble contractors hired to
do part of the job more than full blooded partners, they certainly seem to have
less rights than IBM had in the project.

For the hired hands, hired to do the Intel port, to complain about a Power port
is ludicrous. That Intel knowledge can have had no relevance to Power.

Maybe I'm mistaken but any claims about that Intel technology finding its way
into Linux will also fail because the contributions IBM made aren't Intel
specific.

[ Reply to This | # ]

This is just silly
Authored by: sjvn on Tuesday, April 05 2005 @ 10:10 AM EDT
Anyone who paid any attention to Project Monterey knew that it was about
bringing the next generation of AIX and SVR4 goodness to both IA-32 and 64 and
POWER architectures in a single operating system. It's not like this in ancient
history, and as PJ shows any doubters, it's trival to find evidence that this
was the case.

The real problem for IBM, and to my mind SCO's strongest point, is exactly what
did IBM tell Caldera about continuing Monterey after Caldera bought SCO. By the
strict SCO-IBM contract, IBM was in their rights to kill Monterey, but Caldera
seems to have received some assurances from IBM before buying SCO that IBM would
not invoke these clauses. After all, SCO without the Monterey deal would be far
less valuable.

It's here, and no where else, that I think today's SCO may have some valid
claims in its IBM case.

Steven


[ Reply to This | # ]

NUMA
Authored by: Anonymous on Tuesday, April 05 2005 @ 11:27 AM EDT
Hmm, iirc SCO complained about NUMA specifically.
From this material I conclude they got NUMA after it was developed for AIX, not
the other way around.
Regardless IBM donated NUMA to UnixWare, IBM had the right to port NUMA to Linux
as well, as they were the authors AND they developed NUMA for AIX first (not
like a contract work to enhance UnixWare).

[ Reply to This | # ]

  • NUMA - Authored by: OmniGeek on Tuesday, April 05 2005 @ 12:41 PM EDT
Who is contributing what to whom?
Authored by: Anonymous on Tuesday, April 05 2005 @ 11:29 AM EDT
"SCO is incorporating AIX technology into UnixWare to provide an enhanced
UNIX operating system for Intel’s 32-bit architecture, IA-32."

I thought SCO was licensing Unix to IBM. So why do they have to go to IBM to
get AIX technology, unless IBM developed this on their own, and is technology
they own and are contributing.

[ Reply to This | # ]

More Discoveries about AIX on POWER & Project Monterey
Authored by: Anonymous on Tuesday, April 05 2005 @ 01:12 PM EDT
IBM will license AIX technology to SCO for inclusion in UnixWare and promote this offering to the IA-32 market.

Hasn't SCO taken the position that it owns the System V derivatives, including AIX, by virtue of the contract? Why would it need to license the AIX technology back from IBM?

[ Reply to This | # ]

More Discoveries about AIX on POWER & Project Monterey
Authored by: tredman on Tuesday, April 05 2005 @ 05:58 PM EDT
Man, ya gotta love revisionist history.

Speaking of, there was one thing that particularly caught my eye. Let me
preface this by saying that, until SCOXE/IBM hit the streets, I didn't know
Project Monterey from Monterey Jack cheese. All I've learned about it, I
learned from this case. That being said, the section that caught my eye was:

"Project Monterey is a major UNIX operating system initiative led by IBM ®,
joined by SCO, with participation from Intel ® as well as major hardware and
software companies from around the world."

To hear SCOXE tell it, they were the lords of Monterey, and IBM was lucky just
to be invited to the party. Did anybody else besides me perceive it that way,
or am I just that slow on the uptake.


---
Tim
"I drank what?" - Socrates, 399 BCE

[ Reply to This | # ]

Didn't the monterey deal fall through?
Authored by: GLJason on Tuesday, April 05 2005 @ 07:53 PM EDT
Sure, the plan was for SCO to use parts of AIX and for IBM to use parts of UNIX
SVR4 to improve both operating systems, but didn't IBM call off the deal? Did
IBM retain the rights to all UNIX SVR4 code even though the deal was off? Does
anyone have the agreement so that we can see what the conditions were supposed
to be when IBM terminated the agreement?

[ Reply to This | # ]

RS/6000 *is* power
Authored by: darkonc on Wednesday, April 06 2005 @ 05:21 PM EDT
RS/6000 servers running a pre-release version of AIX 4.3.3 — the first AIX release to be influenced by Project Monterey -

As far as I know all RS-6000 machines use power processors. In other words, the first Monteray release was on power chips. Even if it's not explicitly in the license, I think that IBM could easily claim estoppel based on this fact alone.

That, and the fact that I can't see IBM working on something like Monteray and AIX if it wasn't allowed to use it on their RS/6000 series. For me (and, I think, for most of the public), AIX is mostly associated with RS/6000 servers.

---
Powerful, committed communication. Touching the jewel within each person and bringing it to life..

[ Reply to This | # ]

Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )