hmmmm.....
I could have swore that the courts had decided that too much of the code in
Unix could be attributed to others, and that very little remained of what
AT&T had originally developed, but I could very well be wrong.  I also
thought that Berkly had started a counter suit and AT&T had settled out of
court.  Anyone else remember any of this, or am I just nuts?
:)
-- Jonathan

> -----Original Message-----
> From: Benjamin Jeeves [mailto:[EMAIL PROTECTED]
> Sent: Wednesday, June 11, 2003 7:59 AM
> To: [EMAIL PROTECTED]
> Subject: Re: [newbie] ARTICLE: The SCO UNIX Lawsuit (from 
> Windows & .NET
> M agazine)
> 
> 
> 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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