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What Did Caldera Know About IBM, AIX, Linux and Power?
Friday, May 20 2005 @ 01:23 PM EDT

One of the tidbits we found in the transcript of the most recent hearing, held on April 21, 2005, is that SCO argued that being Caldera, not Santa Cruz, they couldn't be expected to know all that Santa Cruz knew about AIX on Power. They argued this, I gather, so they could say they only just learned of it, in response to IBM's mountain of evidence that in fact Santa Cruz knew all about it and raised no objection.

As you will recall, SCO's ability to file a 3rd amended complaint pivots in large part on whether or not they already knew a long time ago. So, here is a presentation [PDF] that David Turek, Vice President, Deep Computing and Web Servers, IBM, gave on September 13, 2000, and you will note that Caldera is listed as a partner, on page 9, and on that same page, it announces OSDL and its mission to add "enterprise capabilities to Linux." The announcement is dated August 30, 2000, and IBM, Caldera, and their other OSDL partners, it says, would be working together to encourage the uptake of Linux in the enterprise.

The next few pages discuss plans to develop Linux cluster offerings, initially on IA-32, "with infusions of IBM and non-IBM hardware and software" and then over time, to appeal to "broader set of industry segments and customers." (p. 13.) The "IBM Solution Series for Linux Clusters" was announced at LinuxWorld in 2000, on August 15, it says on page 14, and then on page 15, we find this nugget:

  • Solution Series provides a vehicle for customers to quickly and efficiently order and install a Linux cluster

    Helps to accelerate industry movement from early adopter to early and late majority stages

  • Solution Series will expand to POWER and IA-64 architecture based offerings in the future.

  • Worldwide Announce and delivery plans underway.

On page 23, it mentions Caldera again, and tells us that Caldera's OpenLinux eServer & eBuilder included IBM Websphere App Server. Page 24 lists the benefits for the enterprise of using Linux. Page 25, the Linux Enablement - Platforms page, lists NUMA-Q and tells us about the "technology port underway" for RS/6000, that there was "Linux API support on AIX", and that "Linux apps exploit AIX QOS" on AIX.

Why were these partners, including Caldera (which was then primarily a Linux company), so eager to encourage Linux? It tells us on page 2: "Customer demand is very high and growing fast." So when SCO told the court in its complaint that prior to IBM's involvement from 2000 or so onward, Linux was a mere hobbyist's operating system, that wasn't accurate. Note the pie charts on page 2, which show that in 1998, "Combined Unix" represented 19% of the "ww server operating systems shipments (new licenses)", and Linux 16%; the following year, Combined Unix had dropped to 15% and Linux had grown to 25%. On page 4, an Information Week chart shows projected Linux use in the next 12 months. And then on page 6, IBM lists its activities in connection with its Linux focus, and it list this:

Open Source

Significant code contributions and technical resources working with the open source community

It lists that right underneath its partners, including Caldera. So what might a reasonable person conclude? Did Caldera know? Unless they were blind, deaf and dumb, it seems they had to know. IBM certainly told them exactly what they were doing with their AIX code with regards to Linux. I draw the conclusion that Caldera not only knew, they were helping. Oh, on page 7, it lists JFS, so IBM told the world about that too. Back in the year 2000, at least.

You can also note on this list of IBM's history with Linux, an IBM Fact Sheet dated August 22, 2000, that it was back in September of 1999 that IBM announced "plans for a Linux application execution environment that will enable most Linux applications to run on RS/6000 servers with AIX 4.3.3". And Caldera was partnering with IBM regarding Linux as far back as March of 1999. Yet their complaint alleged, as I understand it, that they were in the dark about IBM's support for Linux at that time.

So, did SCO tell the court the truth, the whole truth, and nothing but the truth? I'll let you decide. All Groklaw does is show you the evidence.


  


What Did Caldera Know About IBM, AIX, Linux and Power? | 249 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Successor in Knowledge?
Authored by: Anonymous on Friday, May 20 2005 @ 01:32 PM EDT
If newSCO can claim they are a successor in interest to everything that they
bought from oldSCO, are they not also admitting that they must be successor in
knowledge as well?

I mean come on, if they did not do a thorough job of finding out exactly what
they were buying, that is their fault right? Let the buyer beware!!!

[ Reply to This | # ]

It's really pretty simple
Authored by: Anonymous on Friday, May 20 2005 @ 01:36 PM EDT
If you don't listen to anyone except those who are saying what you want to hear,
then it's pretty easy to say, "We didn't know". If you lobotomize
your institutional memory, then you can claim "We didn't know" with a
straight face.

IANAL, but I don't think that gets you off the hook legally...

MSS

[ Reply to This | # ]

What Did Caldera Know About IBM, AIX, Linux and Power?
Authored by: Anonymous on Friday, May 20 2005 @ 01:40 PM EDT
"that SCO argued that being Caldera, not Santa Cruz, "

They are suing the wrong people, jesh! Sound like they got sold a pig-in-a-pok

[ Reply to This | # ]

Corrections here
Authored by: josmith42 on Friday, May 20 2005 @ 01:40 PM EDT
.

---
This comment was typed using the Dvorak keyboard layout. :-)

[ Reply to This | # ]

  • expand - Authored by: Anonymous on Friday, May 20 2005 @ 01:43 PM EDT
  • ww server? - Authored by: Anonymous on Friday, May 20 2005 @ 02:18 PM EDT
    • ww server? - Authored by: Anonymous on Friday, May 20 2005 @ 02:25 PM EDT
    • ww server? - Authored by: Anonymous on Friday, May 20 2005 @ 05:00 PM EDT
SCO to file request to file 4th amended complaint, request to add parties to the IBM suit?
Authored by: skidrash on Friday, May 20 2005 @ 01:49 PM EDT
Ransom Love, Ralph Yarro, Doug Michels (where to serve the papers ...)

for not being diligent in enforcing Darl's contractual rights, 4 years before
Darl invented his contractual rights.

[ Reply to This | # ]

Ransom Love's Secret Master Plan for Linux and UNIX
Authored by: Anonymous on Friday, May 20 2005 @ 01:54 PM EDT
I ran into Ransom Love at SCO Forum 2000 while an earnest IBMer was pinning an AIX 5L button on him...

[ Reply to This | # ]

SCO/Caldera is SO Busted!
Authored by: Anonymous on Friday, May 20 2005 @ 01:57 PM EDT
Caldera was a partner with IBM on developing Linux.
Of course it knew how important Linux was and of IBM's plans for Linux.
To claim otherwise is a bald-face lie.

[ Reply to This | # ]

Off-topic threads here
Authored by: xtifr on Friday, May 20 2005 @ 02:13 PM EDT
Don't forget to make clickable links like this:

<a href="http://www.example.com/example">click here</a>

And use "HTML Formatted" as your Post Mode if you need to. Also,
preview, and make sure those links actually work.

---
Do not meddle in the affairs of Wizards, for it makes them soggy and hard to
light.

[ Reply to This | # ]

I sort of take issue with part of this article
Authored by: Anonymous on Friday, May 20 2005 @ 02:18 PM EDT
One of the tidbits we found in the transcript of the most recent hearing, held on April 21, 2005, is that SCO argued that being Caldera, not Santa Cruz, they couldn't be expected to know all that Santa Cruz knew about AIX on Power. They argued this, I gather, so they could say they only just learned of it, in response to IBM's mountain of evidence that in fact Santa Cruz knew all about it and raised no objection.

As you will recall, SCO's ability to file a 3rd amended complaint pivots in large part on whether or not they already knew a long time ago. [etc]

It reads like (I don't think this is intended, but that's what it reads like) that if SCO/Caldera somehow forgot/lost the knowledge of Santa Cruz's knowledge of what IBM did, then that's good enough for SCO/Caldera to file a 3rd amended complaint (as well as not acting as a waiver [if required] of what IBM did).

I don't think forgetting/losing info is good enough (even if they did, which they clearly didn't as the rest of PJ's article clearly shows).

If you are claiming to be a successor in interest to somebody else (as SCO/Caldera are claiming to be to Santa Cruz), when you become their successor you take on both their rights and responsibilities, including any impairment of their rights that the predecessor has never-had/lost/given-away/sold/etc.

Here IBM got/had certain rights because of what Santa Cruz did. If Santa Cruz had suddenly "forgotten" that they had given certain rights to IBM, then IBM wouldn't lose those rights as a result of Santa Cruz's unilateral memory loss. Equally well if Santa Cruz sells some of their assets to SCO/Caldera, and later SCO/Caldera "forgets" that IBM had certain rights, there's no reason why SCO/Caldera's sudden unilateral memory loss (or unilateral failure to properly research what Santa Cruz sold them), should result in IBM losing rights.

Quatermass
IANAL IMHO etc

[ Reply to This | # ]

I remember then
Authored by: meshuggeneh on Friday, May 20 2005 @ 02:24 PM EDT
Linux and clusters were on everyone's lips. The writing was on the wall, and
IBM was turning its great self toward Linux in the server room.

I sat in on a phone conference with Turek at the time, when IBM was pushing some
great idea called Knowledge-Based Computing or something on the executive
management in the company I worked for. Linux and clusters were just a small
detail in it.

But for me it was an important one. IBM provided an approval for Linux I needed
to get general approval (or at least removed some roadblocks) in the executive
levels: We had an edict that "there shall be no Linux on the network"
from the MIS execs that I had been breaking for some time while assembling a
beowulf cluster in our little part of the company, and hiding behind a single IP
number.

[ Reply to This | # ]

  • I remember then - Authored by: Anonymous on Friday, May 20 2005 @ 03:32 PM EDT
What Did Caldera Know About IBM, AIX, Linux and Power?
Authored by: ChrisA on Friday, May 20 2005 @ 02:26 PM EDT
Correct me if I am wrong, but doesn't SCOs Third Amended Complaint deal with
SVR4 code in AIX? From reading the transcript of the hearing, it doesn't sound
like this complaint has anything to do with IBM & Linux.

The presentation says nothing about IBM taking the printing subsystem or the
/proc filesystem from SVR4 and putting it into AIX which, if I'm reading right,
is what the 3rd Amended Complaint is all about.

[ Reply to This | # ]

OSDL
Authored by: inode_buddha on Friday, May 20 2005 @ 02:34 PM EDT
Re: OSDL<p>Wow, was it really that long ago? They're a fixture around
here.<p>

---
-inode_buddha
Copyright info in bio

"When we speak of free software,
we are referring to freedom, not price"
-- Richard M. Stallman

[ Reply to This | # ]

What Did Caldera Know About IBM, AIX, Linux and Power?
Authored by: blacklight on Friday, May 20 2005 @ 02:35 PM EDT
The key to winning a lawsuit is preparation, and if the lawsuit is complex:
meticulous preparation. It looks more and more that the only preparation SCOG
did was Darl the Snarl mouthing off prior to the lawsuit, and BOIES putting Darl
the Snarl's rants in writing.

Between SCOG's pathetic litigations, Rob Enderle's ramblings, Laura Didio's
ignorant pontificating, Maureen O'Gara's latest breach of jornalistic ethics,
etc. , I am getting the impression that our enemies operate with the deadly
(it's deadly to you if you can't stop laughing) effectiveness and efficiency of
the Keystone Kops.

[ Reply to This | # ]

What Did Caldera Know About IBM, AIX, Linux and Power?
Authored by: Nick_UK on Friday, May 20 2005 @ 02:46 PM EDT
All I can say is "Heh".

"Heh" again.

"Heh"

Nick :-D

[ Reply to This | # ]

Re: What Caldera Didn't Know
Authored by: Anonymous on Friday, May 20 2005 @ 02:47 PM EDT
Let us assume for a moment that IBM did in fact have some liability with respect
to AIX/Tarantella. Old SCO knew, and failed to act on it, thus relieving IBM of
that liability. Caldera bought the rights to the code, perhaps understanding
that IBM may have some liability, but failed to find during due diligence that
SCO had de facto released IBM's liability, and/or old SCO failed to disclose.

In such a scenario, I would expect that one of two conclusions would result:
Caldera is sent away with the old saying, "Buyer Beware."
Essentially, you failed in your due diligence, and so it's your own fault. Or,
as an alternative, the liability would be shifted to old SCO for failure to
disclose.

In either case, Caldera not knowing has zero effect on the IBM case, because the
holder of the rights at the time knew and chose not to act.

Reasonable, yes?

[ Reply to This | # ]

Homework
Authored by: rand on Friday, May 20 2005 @ 02:56 PM EDT
While Caldera could certainly be forgiven (*ahem*) for not reading Santa Cruz's press releases (see below), they should have at least r ead the financials:
The result will be a single product line that will run on IA-32, IA-64 and IBM microprocessor systems that range from entry- level servers to large enterprise environments.
Or maybe th is one:
The purpose of this alliance is to create a single product line that will run on Intel IA-32, Intel IA-64 and IBM microprocessor systems...

This is from a press release I found on a server in, of all places, Hungary. It was one of a number of items listed in a post by belzecue , about releases that disappeared from SCOG's site. PJ has the address of the server, but I'm not going to post it here so it won't get Groklawed. PS, can anyone confirm the authenticity of this document?

SCO ANNOUNCES RECORD FISCAL1999 THIRD QUARTER
AND
NINE MONTH FINANCIAL RESULTS

Revenues, Gross Margins and Earnings
Increase
E-Commerce Revenue Grows Significantly
Project Monterey Builds
Momentum

SANTA CRUZ, CA (July 20, 1999) - SCO (NASDAQ: SCOC) today
announced
record third fiscal quarter and nine month financial results for the
period ended June 30, 1999.

For the third fiscal quarter of 1999, revenues
reached a quarterly record
of $57,060,000, compared with $25,241,000 for
the third fiscal quarter of
1998. Net profit for the quarter was $4,535,000,
or $0.13 per share, basic
and diluted, compared with a loss of
$20,969,000, or $0.59 per share, basic
and diluted, recorded in the same
period of 1998. Results for the third
quarter of 1998 were impacted by a $16
million charge for the elimination
of inventory with distributors and
resellers.

Revenues for the nine-month period ending June 30, 1999,
were
$165,504,000,
compared with $123,278,000 for the same nine-month
period in fiscal
1998.
Net profit for this nine-month period was
$11,483,000, or $0.33 per
share,
basic, and $0.32 per share,
diluted, compared with a loss of
$17,344,000,
or $0.48 per share, basic
and diluted, for the first nine months of
1998.
Doug Michels, president and CEO
of SCO, said, "The positive results
produced this quarter reflect continued
demand for the reliable,
scalable
and cost-effective server solutions achieved
by SCO OpenServer and
UnixWare
7 systems. This demand continues to be driven by
the growth of the
Internet
for commerce, communication and business computing.
The third quarter
saw
strong sales in all geographies. We are particularly
pleased to have
Abbey
National, a major UK bank, as a new SCO UnixWare customer.
Abbey
National
will use UnixWare to service 13,000 users on 1,150 servers
throughout
the
bank's network.

"Project Monterey took a major step forward with
IBM's recently
announced
acquisition of Sequent Computer Systems, a leading
high-end server
hardware
vendor and a founding member of the Project Monterey
initiative. Also,
SCO
and IBM reached an agreement enabling IBM to sell and
support SCO's
Tarantella web-enabling software to IBM's AIX customers and
partners.
Tarantella is now available on both current Monterey platforms:
UnixWare
7
and IBM AIX."

Project Monterey is a major UNIX operating system
initiative led by IBM,
SCO and Sequent with participation from Intel, as well as
major hardware
and software companies from around the world. SCO, IBM and
Sequent are
working to deliver a single, high-volume UNIX product family
that
provides
optimized support for the Intel IA32 and IA64 product lines and
the IBM
Power architecture.[emphasis added]

John W. Luhtala, senior vice
president, operations, and chief financial
officer of SCO, commented, "We are
pleased with the growth in revenues
and
earnings reported in the third quarter.
This quarter is the fourth
quarter
of sequential growth in revenues, operating
income, and earnings per
share.
Gross margins exceeded 78%, up from 77.7% and
77.5% in the second and
first
quarters of 1999, respectively. A year ago, we
generated about $500,000
in
electronic licensing revenues. This quarter, we
grew that portion of our
business to over $11,000,000. Not only has
e-commerce increased our
gross
margins, we believe it has also helped grow our
revenues. Additionally,
SCO's strong cash flow resulted in an increase in cash
and short-term
investments at the end of the period, now at approximately
$53.9
million."

Michels concluded, "The positive trends in our business are
directly
related to the increasing importance of server-based computing.
The
growth
of server-based systems such as the Internet and network computing
will
continue to drive the demand for the reliability and scalability
that
UNIX
Systems provide. These factors, combined with SCO's market strength
and
support of the Project Monterey partners, position SCO to benefit
from
the
expansion of mission-critical computing."

About SCO
SCO is the world's
number one provider of UNIX server operating systems,
and the leading provider
of network computing software that enables
clients
of all kinds - including PCs,
graphical terminals, NCs, and other
devices -
to have Webtop access to
business-critical applications running on
servers
of all kinds. SCO designed
Tarantella software, the world's first
application broker for network computing.
SCO sells and supports its
products through a worldwide network of distributors,
resellers, systems
integrators, and OEMs. For more information, see SCO's WWW
home page at
http://www.sco.com.

Note
Except for historical information
contained herein, the matters
discussed
in this release are forward-looking
statements.  Investors are cautioned
that all forward-looking statements involve
risks and uncertainty,
including without limitation, uncertainty in non-U.S.
markets, the
ability
to reduce expenses, risks of dependence upon third-party
suppliers,
impact
and success of joint development projects and industry
partnerships,
timely
availability of products, market acceptance of new
products, the impact
of
competitive products, general market conditions, and
other risks
detailed
from time to time in SCO's SEC filings, including forms
10-Q and 10-K
(copies of which are available from SCO without charge in hard
copy or
online at http://www.sco.com/investor,
or
http://www.sec.gov/edgarhp.htm).

# # #

SCO, The Santa Cruz Operation, the
SCO logo, SCO OpenServer, UnixWare,
and
Tarantella are trademarks or registered
trademarks of The Santa Cruz
Operation, Inc. in the USA and other countries.
UNIX is a registered
trademark of The Open Group in the United States and other
countries.
All
other brand or product names are or may be trademarks of, and are
used
to
identify products or services of, their respective
owners.

---
The wise man is not embarrassed or angered by lies, only disappointed. (IANAL and so forth and so on)

[ Reply to This | # ]

SCO lawyers claims about Linux are wrong
Authored by: Chris Lingard on Friday, May 20 2005 @ 03:16 PM EDT

It appears the the SCO lawyers are confused as to what Linux is. They are referring to applications that IBM may have developed as though it is the same thing as the kernel.

As PJ points out above the Linux system was used on many servers from about 1995 onwards; and this attracted companies such as IBM. IBM were known as a computer manufacturer that was looking for a good operating system. They had lost out on the PC market to clones, their AS400 lacked a lot of applications; their 6000 series machines were great but very expensive.

At that time there were hundreds of companies supplying various UNIX clones; our company used machines from Fort Lauderdale, FLA; I think they were called Enquire. But the UNIX clone market was being destroyed by DEC alphas running OSF, and by Solaris solutions, (very expensive).

SCO lawyers claim that their ancient SVR4 code could be copied. This is stupid. It would be like fitting a 15 year old engine into a new car. The old SVR6 UNIX machines were being superseded by more modern technology about 1995. The old UNIX boxes that SCO supply were too slow, and lacked the basic drivers and features needed back then. Five years later, in 2000, Linux 2.4 was released; Linux 2.2 having reached the peak of stability.

There was no huge influx of features into the Linux kernel, suddenly increasing its features; by IBM or anybody else. If you read the LKML archives you will see steady progress, made fast by many eyes. IBM made contributions to which we give them our thanks, but there was no "take over" then or now.

[ Reply to This | # ]

    Quibble...
    Authored by: Latesigner on Friday, May 20 2005 @ 03:17 PM EDT
    A petty, meaningless distinction.

    Given the history of computing/software start ups that "a hobbyist
    operating system" is just pure nonsense.
    When is someone going to call them on it?

    ---
    The only way to have an "ownership" society is to make slaves of the rest of us.

    [ Reply to This | # ]

    The Problem for SCO was the transition from Ransom Love to Darl McBride
    Authored by: Anonymous on Friday, May 20 2005 @ 03:30 PM EDT
    BTW Ransom Love works for one of the best Linux Companies in the world now, Progeny

    Ransom had worked with Darl at Novell before and knew exactly how difficult he was.

    Ransom probably came to a point where his only response could be "if you insist".

    Ralph Yarro: Darl, I've got great news!
    Darl McBride: That's fantastic! Did we find the offending code?
    Ralph Yarro: No.. I saved a bundle on my car insurance by switching to Gieco!

    [ Reply to This | # ]

    What Did Caldera Know About IBM, AIX, Linux and Power?
    Authored by: heretic on Friday, May 20 2005 @ 03:56 PM EDT

    On the basis of this article and the hearing I believe the real question that begs an answer is: "Why did TSCOG management embark on this mad quest?"

    I believe the answer to that question will also reveal a lot about their tactics, their FUD campaign, the badly prepared court documents, etc.

    heretic

    [ Reply to This | # ]

    No leg, no problem
    Authored by: Anonymous on Friday, May 20 2005 @ 04:09 PM EDT
    Oh fine, now they'll claim IP rights on anti-gravity.

    [ Reply to This | # ]

    Fish in a Barrel
    Authored by: rand on Friday, May 20 2005 @ 04:41 PM EDT
    It's harder to disavow knowlege of something you distribute yourself. They really make it too easy sometimes (but a few folks may want to grab 'em before they disappear again): From caldera.com: SCO Product Guide 99_R5 8/30/99 (PDF)
    In 1998, SCO and IBM forged a strategic alliance to jointly develop and distribute a common UNIX System family designed for computers based upon both Intel and IBM microprocessors.
    Drat! I thought I had another one but it timed out after seeminly transferring half the PDF. Luckily the Google cache is still here. Maybe someone has the PDF or can grab the original if it reappears.
    The goal of Project Monterey is to deliver a single UNIX system product line consisting of:

    • UnixWare 7 for the Intel IA-32 bit architecture
    • AIX® operating system for the IBM® Power architecture
    • Monterey/64 for the new Intel IA-64 bit architecture

    Over the course of 1999 and 2000, IBM and SCO are implementing common technologies in AIX and UnixWare 7 operating systems. These technologies will also be included in the Monterey/64 release...

    It seems UW7 and AIX were going to come first, with Monterey/64 coming later. I also noticed that IA64 had fallen to 3rd place this time!

    ---
    The wise man is not embarrassed or angered by lies, only disappointed. (IANAL and so forth and so on)

    [ Reply to This | # ]

    Issue with the article
    Authored by: ChrisA on Friday, May 20 2005 @ 04:54 PM EDT
    One of the tidbits we found in the transcript of the most recent hearing, held on April 21, 2005, is that SCO argued that being Caldera, not Santa Cruz, they couldn't be expected to know all that Santa Cruz knew about AIX on Power.
    I believe that SCO argued that being Caldera, they couldn't be expected to know that Santa Cruz knew about AIX using SVR4 code on POWER.
    As you will recall, SCO's ability to file a 3rd amended complaint pivots in large part on whether or not they already knew a long time ago.
    The presentation by David Turek does not address the issue of IBM putting SVR4 code in AIX and so doesn't show that Caldera knew anything about it.

    [ Reply to This | # ]

    404s
    Authored by: snorpus on Friday, May 20 2005 @ 05:03 PM EDT
    My Bad.

    I didn't follow the links from Google, just jumped to the conclusion that they were good.

    Sorry.

    ---
    73/88 de KQ3T ---
    Montani Semper Liberi
    Comments Licensed: http://creativecommons.org/licenses/by-nc/2.0/

    [ Reply to This | # ]

    What Did Caldera Know About IBM, AIX, Linux and Power?
    Authored by: DJNZ on Friday, May 20 2005 @ 05:27 PM EDT

    A quick google using the terms "monterey risc" pulls up a nice list, and the fifth page listed is http://www .csee.umbc.edu/help/architecture/idfmontereylab.pdf

    This is a presentation apparently given in 1999 jointly by Richard Hughes-Rowlands of the Santa Cruz Organization and Ahmed Chibib of IBM. While the topic of the presentation seems to be Monterey on IA64, the third slide (among others) is particularly interesting.

    1. In the third slide, the presentation makes it clear that Monterey was, at that time, intended for IA-32, IA-64 and Power processors.
    2. Slide 5 points out IBM's expertise in Risc systems
    3. Slide 7 indicates that Risc is "key solution segment" targetted by Monterey
    4. Slide 8 reiterates Slide 3
    5. Slide 13 indicates that AIX 4.3.3 and 4.3.4 were counted as part of Monterey, and that there was a "migration guide" from AIX to Monterey/64

    Remember, this is a presentation given jointly by IBM and SCO, and the presentation indicates that Monterey is intended to run on Power.

    Funny that I could find this with 5 minutes of work in Google, but TSCOG couldn't find it at all.

    Hmmmmmmmmmmm

    ---
    Lew Pitcher
    Master Codewright & JOAT-in-training

    [ Reply to This | # ]

    I'm tired of this litigation
    Authored by: Anonymous on Friday, May 20 2005 @ 05:37 PM EDT
    I just wanna see the ruling.

    How long would this still take to the end?

    [ Reply to This | # ]

    What company is The SCO Group?
    Authored by: GLJason on Friday, May 20 2005 @ 06:04 PM EDT
    It is simply amazing what Caldera's done. When McBride came up with this scheme, Caldera changed its name to "The SCO Group" and tried to forget that it ever did anything with Linux. Throughout all their court documents they have tried to blur the line between them and Santa Cruz, including saying that they purchased UNIX from Novell in 1996 when they really acquired it in the deal with Tarentella in 2001. They have gone so far as to use SCO in the same sentence meaning both "The SCO Group" and "Santa Cruz Operation" in their complaint against IBM. They have claimed that they were the ones that have worked since the 80s on developing Unix-on-Intel and that IBM's involement with Linux has ruined the business they have worked for 20 years to create.

    NOW they would have us believe that they are not Santa Cruz at all. They would even have us believe they knew nothing of what Santa Cruz did prior to their purchase of assets in 2001 and don't care.

    Which way is it? If they are not Santa Cruz, then they are Caldera, who valued the technology they bought from Tarentella at less than $6 million back in 2001.

    [ Reply to This | # ]

    I may have found Blepp's briefcase
    Authored by: Anonymous on Friday, May 20 2005 @ 08:06 PM EDT
    I have found "SCOG's" unix methods, know-how, "ways of doing things," and code strewn all over the Interweb.

    Porting SCO UNIX Applications to Run on Compaq Tru64 UNIX

    Forget that other people did it long ago, and continue to do it. IBM must pay!

    Methinks HP should have been the target of SCOG's joke lawsuit instead of AutoZone.

    [ Reply to This | # ]

    Printing Subsystem
    Authored by: argee on Friday, May 20 2005 @ 10:34 PM EDT
    If my memory serves me right, a few years ago there
    was some big splash about the Unix Printing Subsystem
    being donated to Linux. Caldera? IBM? Not sure who.

    ---
    --
    argee

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    What Did Caldera Know About IBM, AIX, Linux and Power?
    Authored by: Anonymous on Saturday, May 21 2005 @ 05:00 AM EDT
    When Caldera was a Linux company and oldSCO was a separate entity Caldera must
    have been very very happy with IBM contributing to Linux. It is quite believable
    that all this fuss was a failed spin in the litigation.
    As all previous stunts.

    [ Reply to This | # ]

    The infringement, not the architecture
    Authored by: billmason on Saturday, May 21 2005 @ 05:34 PM EDT
    There was one point in the transcript where the SCO lawyer made it pretty clear
    that the part they didn't know about until recently was the infringement. Just
    because you have a license to use SVR5 code in AIX for Power doesn't mean that
    you can do anything you want to with it. We don't know what, if any,
    limitations that license had. SCO says they found an internal IBM email during
    discovery that admits that they were infringing on the license. I doubt SCO
    even knows how or why, but they saw that email, and they want to find out.
    Hence their request for additional discovery on the matter.

    That sealed email is out there, and can't be ignored. If they can get past the
    venue and statute of limitations thorns in their case (for which they did an
    impressive job at hand waving, but was still pretty clearly just that), I think
    the judge will agree with them that they have the right to get to the bottom of
    that.

    [ Reply to This | # ]

    Corrections for "El Reg" here...
    Authored by: star-dot-h on Saturday, May 21 2005 @ 07:33 PM EDT
    Just to save us time and heartache. The story far (for The Register):

    We know that they knew at the time what we know now and also knew at the time.
    The point is that we now know we can prove that they knew at the time.

    Why do this? Because they are claiming in court that:

    1. They didn't know nuffink
    2. They forgot everffink
    3. They're not telling anyffink
    4. It's Linux wot done it.

    Hope that is all clear.

    ---

    Free software on every PC on every desk

    [ Reply to This | # ]

    deaf, dumb and blind...
    Authored by: MplsBrian on Monday, May 23 2005 @ 10:05 AM EDT
    but that kid sure plays mean pinball!

    Jokes aside, it seems like a brilliant scheme. Fail to do due dilligence on
    what exactly you're buying, then sue, not the party from whom you've bought, but
    a former partner of theirs!

    [ Reply to This | # ]

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