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

Gear

Groklaw Gear

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


You won't find me on Facebook


Donate

Donate Paypal


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
The Smoking Gun
Friday, June 13 2003 @ 11:42 AM EDT



I am reading a Caldera white paper that used to be available on the Caldera web site, referenced earlier. (Look for the headline "Sue Me? Sue You? It's just above the picture of the pirate.) I got it from another site that still has it available. My jaw is hanging open.

SCO in its complaint charges IBM with stealing its System V code and putting it into Linux. However, the white paper, "Caldera Gives You a Choice -- Linux and UNIX Are Coming Together," dated March of 2001, on page 25, says that merging the System V code, by then renamed UnixWare, with Linux was Caldera's plan:

"Caldera's plan is to unify SCO UnixWare with Caldera's OpenLinux to create an LSB-compliant operating platform that will combine UNIX scalability with the application support of Linux to provide a common build environment for solutions that scale up or down, depending upon the business need. Caldera gives you a choice."

And now they are shocked, shocked to find identical code from System V in Linux? They said they were going to put it there themselves as part of their plan to scale Linux up, if I have comprehended this document, and I believe I have.

Is your mouth hanging open yet? It gets better. On page 14, it says:

"If there were an operating environment that scales from thin Internet clients, for instance, to the large data centers of giant corporations, that operating environment would attract the attention of software developers and users alike. Caldera plans to provide such an operating environment. A major factor in our pending purchase of the SCO the Software Server Division is to acquire the UnixWare technology....

"Caldera has begun the task of uniting the strengths of UNIX technology, which includes stability, scalability, security, and performance with the strengths of Linux, which include Internet readiness, networking, new application support, and new hardware support.

"Caldera's solution is to unite in the UNIX kernel a Linux Kernel Personality (LKP), and then provide the additional APIs needed for high-end scalability. The result is an application 'deploy on' platform with the performance, scalability, and confidence of UNIX and the industry momentum of Linux."

So, now where do you think that identical code might have come from? And why ever would SCO want to take this document off of its site, do you suppose, when it is so very clarifying?

You might like to look at their chart also, Figure 5 on page 12, "UNIX and Linux Market Projections, 2000-20004". The UNIX line is flatlined along the bottom of the chart, while Linux's line goes up and up and up across the page at approximately a 90 degree angle. Some "bicycle".


  


The Smoking Gun | 1 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
radiocomment
Authored by: Anonymous on Saturday, July 12 2003 @ 04:38 PM EDT
It's pretty obvious SCO didn't do a whit of their homework before walking into this buzzsaw: what they are trying is simply a more outrageous version of a scam that Unix System Laboratories, Inc., an ATT subsidiary, tried on against BDSI in 1991. Documents on that case, kindly posted by Dennis Ritchie, he of K&R, are here http://cm.bell-l abs.com/cm/cs/who/dmr/bsdi/bsdisuit.html.

The decision, which eviscerated USL, and sets adequate grounds for a barratry and champerty case against SCO's lawyers, is at http://cm.be ll-labs.com/cm/cs/who/dmr/bsdi/930303.ruling.txt Methinks SCO are going to be getting themselves a new President reasonably soon.


David Lloyd-Jones

[ 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 )