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.


To read comments to this article, go here
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.


  View Printable Version


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 )