Title: SCO: Unix code copied into Linux
URL: http://rss.com.com/2100-1016-999371.html
author: Stephen Shankland
date: 2003-05-01
aid: 163

"Given that we have extensive legal resources put forth into making sure we respect the valid intellectual property rights of companies, we are not concerned with the statements that have been made" that Unix code appears in Linux, said Red Hat spokeswoman Leigh Day. "We do take intellectual property very seriously."-- Leigh Day, 2003-05-01

"so far there have been no significant problems with cleanliness of code," Eunice said. "This is the first major case where there's been a claim of fraud or improper use of code getting into open-source."-- Jonathan Eunice, 2003-05-01

SCO's claims "could definitely sensitize the open-source community in general," said Illuminata analyst Jonathan Eunice, "but before it creates any kind of vastly disruptive effect, (SCO is) going to have to not only make a claim, they're going to have to prove a claim."-- Jonathan Eunice, 2003-05-01

"To the extent that there is copyrighted code in the Linux operating system borrowed from Unix, I think these companies have a problem,"-- John Ferrell, 2003-05-01

"For Linux to move forward in a wide-scale fashion, I believe the intellectual property issues have got to be resolved," he said.

"There is not an intellectual property policeman sitting in at the check-in counter saying this is OK, this is not OK. It is a free-for-all," McBride said. "At the end of the day, there's not a basis for making sure code is clean when it goes in there."-- Darl McBride, 2003-05-01

"There's a point in time that has to be resolved with those guys [SuSE and Red Hat] too," McBride said, "but that's not currently what our legal approach is about."-- Darl McBride, 2003-05-01

"This is not about 10 lines of code, it's about 20 years of extremely valuable intellectual property we're trying to protect...Am I supposed to lie down and not say anything about it?" McBride said. "There's a certain point here where you stand up for what's right and let the chips fall where they will."-- Darl McBride, 2003-05-01

"We feel very good about the evidence that is going to show up in court. We will be happy to show the evidence we have at the appropriate time in a court setting," McBride said. "The Linux community would have me publish it now, (so they can have it) laundered by the time we can get to a court hearing. That's not the way we're going to go."-- Darl McBride, 2003-05-01

"We're finding...cases where there is line-by-line code in the Linux kernel that is matching up to our UnixWare code," McBride said in an interview. In addition, he said, "We're finding code that looks likes it's been obfuscated to make it look like it wasn't UnixWare code--but it was."-- Darl McBride, 2003-05-01

"He's saying this stuff exists, but he's not willing to reveal it. Well, maybe we'll hear about this in court, but frankly, maybe we won't, because they'll try to seal it all," Perens said. "It sounds like he's trying to FUD Linux in general."

And taking the offensive, Perens added, "Copying works both ways. I want to see some proof they haven't copied Linux source code into SCO Unix."-- Bruce Perens, 2003-05-01

"They should show us what code they have problems with. We'll take a look at it or we'll just replace it. Keeping us in the dark is just silly,"-- Bruce Perens, 2003-05-01

"This shows one of the weaknesses of the open-source movement," said Mark Radcliffe, a copyright attorney with Gray Cary. "You're all dependent on trust. Unfortunately, a number of people involved in the process do not have a great degree of respect for intellectual property. It's fine if it's personal, but if you decide to implement that by saying 'I don't give a damn about this intellectual property,' everything that touches it is now screwed."-- Mark Radcliffe, 2003-05-01


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