I think it was AT&T who try Berkley and win and developer had to change about 10 lines of code so thing like that.
On Wednesday 11 Jun 2003 1:47 pm, Jonathan Shilling wrote: > Interesting to note that SCO states the code stolen is from sys V. If I > rememeber correctly system V could only run on a single processor system, > and that much of its code was stolen from Berkley and FreeBSD. Anyone else > care to look back to the case where one of the previous owners of the Unix > source tried to sue Berkley and lost? > > Jonathan > -- Linux user since Red Hat ver 1.0 > > > -----Original Message----- > > From: Stephen Kuhn [mailto:[EMAIL PROTECTED] > > Sent: Tuesday, June 10, 2003 3:48 PM > > To: Mandrake Newbie > > Subject: [newbie] ARTICLE: The SCO UNIX Lawsuit (from Windows & .NET > > Magazine) > > > > > > ==== 1. Commentary: The SCO UNIX Lawsuit--Will It Affect Your > > Business? > > by Paul Thurrott, News Editor, [EMAIL PROTECTED] > > > > Most Windows-based enterprises are likely well versed in the Linux > > debate in which Linux supporters argue that their favorite OS is more > > secure and less expensive than Windows because it's created largely by > > volunteers, is developed in the open and available for source-code > > examination, and is free to license. But many companies I've spoken to > > are less susceptible to the religious dogma behind Linux and take a > > more practical approach to implementing the open-source solution, as > > they do with any other technology. That is, most mid- and large-sized > > businesses are heterogeneous, implementing technology where it makes > > the most sense, which today, often means small and midsized Web sites, > > file servers, and in some cases even 3-D graphics-rendering farms. > > Linux has proven to be a fairly versatile and inexpensive alternative > > to Windows server products, even when you factor in the cost of > > supporting a UNIX-like environment. Over the years, I've found the > > steady improvements to Linux to be somewhat hard to swallow. > > Apparently I'm not the only one who thinks that way. UNIX patent, > > copyright, and intellectual property owner SCO Group recently sued > > IBM, the largest Linux licensee, for $1 billion, charging the computer > > giant with stealing copyrighted UNIX code and using it in Linux. > > Furthermore, SCO charges that any company using Linux faces legal > > action over intellectual property rights because of the fact that > > crackers have stolen entire sections of UNIX code and placed that code > > in Linux. The legal battle, which Linux backers initially greeted with > > somewhat childish dissent, is starting to heat up. And if IBM doesn't > > respond adequately this week, SCO says it will cancel IBM's UNIX > > license, a legal bomb that could force IBM to stop selling its > > UNIX-based AIX software. > > SCO's claims aren't without merit. After a weak rebuttal over the > > status of UNIX's copyrights from former UNIX owner Novell earlier this > > month, SCO produced documents that prove SCO has "all rights to UNIX > > ... technology, including the copyrights," an assertion Novell > > ultimately supported. However, Novell still maintains it owns certain > > patents related to UNIX, a fact that's unlikely to inhibit SCO from > > suing every Linux-using company on the planet. The problem, of course, > > comes down to the source code. > > According to SCO, you can compare the UNIX System V and Linux > > source code to see where Linux is stealing wholeheartedly from UNIX. > > To make this comparison, however, you have to sign an egregious > > nondisclosure agreement (NDA), which prevents you from discussing > > details of the charges. This NDA is causing many members of the press > > to decline the invitation. Laura Dido of the Yankee Group signed the > > NDA, and she says the evidence is damning, with entire sections of > > source code, including original developer documentary notes, lifted > > wholesale from the UNIX System V source code. Based on this evidence, > > she recommended that companies with AIX contracts contact IBM > > immediately for advice. A wider concern is whether this development > > will forever taint or curtail adoption of the open-source phenomenon. > > As with Microsoft's sudden domination of the Web browser market, > > critics have looked at Linux's sharp adoption and technical > > improvement rates with some distrust. How can an OS without any true > > central management or development strategy so quickly grow to rival > > and even eclipse the decades-old UNIX? Well, theft is one obvious way. > > As a hypothetical argument, let's say Linux's original threading code > > prevented it from scaling past a certain point. One way to improve > > that limitation would be to steal code from a similar OS--UNIX--that > > had already solved the scaling problem. But the question remains: Who > > stole the UNIX code? > > This question might ultimately be answered in court, and although > > SCO has been silent about various details surrounding its claims, the > > company has said that it doesn't believe IBM is directly responsible > > for the theft. But what was once a curious, if nervously humorous > > lawsuit, is suddenly gaining steam. If SCO can revoke IBM's AIX > > license and prove that IBM used UNIX code in Linux, a wholesale attack > > on Linux companies could be next. And few of these companies are > > backed by the kind of legal resources IBM commands. If IBM falls, > > these other companies are in trouble. > > The situation also has a couple of wild cards, as you might expect. > > The first is Microsoft, which recently made a huge media event out of > > licensing the UNIX code from SCO and recommending that other companies > > do the same. At the time, Microsoft said it was licensing the source > > code to provide better interoperability between UNIX and its products > > (notably Windows Services for UNIX--SFU). But where Microsoft goes, > > charges of fear, uncertainty, and doubt (FUD) follow. The Linux > > community immediately cried foul at the Microsoft media event, > > charging that the software giant was trying to throw another wrench > > into the cogs of Linux's progress. Microsoft, however, said that > > although Linux is indeed a threat, it has yet to feel the pinch from > > Linux, which the company says has stolen market share from UNIX not > > Windows. > > Second, SCO is clearly using litigation as a revenue stream. The > > company doesn't have a balanced portfolio of products and services, > > and it doesn't take a financial genius to realize that someone at the > > company eventually decided that its only valuable asset was its > > ownership of the slowly fading UNIX. If SCO's suit against IBM is > > successful--meaning, the company makes oodles of money in an > > out-of-court settlement or by ultimately winning the case--we can > > expect SCO to move on down the UNIX and Linux food chains, suing > > companies that work on or use these technologies. The ramifications > > are staggering. > > Is this legal threat something companies implementing AIX or Linux > > need to worry about, or will the SCO lawsuit disappear behind smoke > > and mirrors? Let me know what you think, and whether you believe your > > company--or the wider AIX and Linux communities--have anything to fear > > from SCO. > > ---------------------------------------------------------------------- > > ...ya reckon the writer is a bit slanted? > > -- > > Wed Jun 11 06:45:01 EST 2003 > > 06:45:01 up 3 days, 16:36, 5 users, load average: 0.10, 0.17, 0.13 > > ----------------------------------------------------------------- > > > > | __ __ |kuhn media australia | > > | /-oo /| |'-. |http://kma.0catch.com | > > | .\__/ || | | |================================| > > | _ / `._ \|_|_.-' |stephen kuhn | > > | > > | | / \__.`=._) (_ | email: [EMAIL PROTECTED] | > > > > ----------------------------------------------------------------- > > linux user #:267497 linux machine #:194239 * MDK 9.1 & RH 7.3 > > Mandrake Linux Kernel 2.4.21-11mdk Cooker for i586 > > ----------------------------------------------------------------- > > * This message was composed on a 100% Microsoft free computer * > > > > Tobacco is a filthy weed, > > That from the devil does proceed; > > It drains your purse, it burns your clothes, > > And makes a chimney of your nose. > > -- B. Waterhouse
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