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SCO consultant: no copyright infringement in linux
Groklaw ^ | 07/14/05 | Reg Broughton

Posted on 07/14/2005 4:01:54 PM PDT by Salo

Davidson reports:

The project was a result of SCO's executive management refusing to believe that it was possible for Linux and much of the GNU software to have come into existance without *someone* *somewhere* having copied pieces of proprietary UNIX source code to which SCO owned the copyright. The hope was that we would find a "smoking gun" somwhere in code that was being used by Red Hat and/or the other Linux companies that would give us some leverage. (There was, at one stage, the idea that we would sell licenses to corporate customers who were using Linux as a kind of "insurance policy" in case it turned out that they were using code which infringed our copyright).

So, Darl's SCOsource scheme wasn't even original, was it? SCO *hoped* to find copyright infringement so they could make some money selling "insurance" for Linux, the email says. Sound familiar? And after all that effort, what did they find?

At the end, we had found absolutely *nothing*. ie no evidence of any copyright infringement whatsoever.


TOPICS: Business/Economy; Technical
KEYWORDS: fatladysinging; ibm; linux; sco
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To: Golden Eagle
Linux is still a foreign-born clone of UNIX that continues to lower the value of all US-originated software

In commercial arenas Bill Gates is not used to having for his own private playground, that's what's technically called "competition".

And it's supposed to be one of the good things about capitalism.

41 posted on 07/15/2005 6:34:47 AM PDT by Campion (Truth is not determined by a majority vote -- Pope Benedict XVI)
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To: Salo

I'm sure Darl enjoys the full support of the lawyer industry. He and his legal team should be thrown under the jail for fraud.


42 posted on 07/15/2005 6:40:33 AM PDT by Doohickey (If you choose not to decide, you will have made a choice...I will choose freewill.)
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To: Campion
In commercial arenas Bill Gates is not used to having for his own private playground, that's what's technically called "competition".

welllll, not really. MS made its fortune by competing against entrenched companies such as Novell, Oracle, and IBM, and by being less expensive and "good enough."

Now, the shoe's on the other foot. Someone else is now less expensive and "good enough" and they're not sure how to compete when the situation is reversed.

They'll learn, or they'll sink. That's capitalism.

43 posted on 07/15/2005 6:44:36 AM PDT by ShadowAce (Linux -- The Ultimate Windows Service Pack)
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To: Doohickey

Considering Darl's legal team includes David Boies, I'll drink to that!


44 posted on 07/15/2005 6:45:12 AM PDT by shadowman99
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To: ShadowAce
You continue to refer to PJ's site as "Jokelaw" yet you never are able to refute their sources. Nor (that I can recall) have you been able to refute their interpretations of events.

LOL like when she claimed SCO was launching denial of service attacks on itself, just to have Eric Raymond come out and admit it was someone from the shadowy "community"?

45 posted on 07/15/2005 7:52:24 AM PDT by Golden Eagle
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To: N3WBI3

As usual, Jokelaw doesn't give the full story. From news.com:

http://news.com.com/SCO+e-mail+No+smoking+gun+in+Linux+code/2100-7344_3-5789132.html?part=rss&tag=5789132&subj=news

Late Thursday, SCO released an e-mail from Swartz that it points out shows the analysis dates back to 1999 and that SCO says shows that Swartz did find possible issues with Linux.

In the e-mail, dated Oct. 4, 1999, Swartz said that there was some code that was line-for-line identical to Unix and other code that appeared to be rewritten, perhaps to disguise that it was copied.


46 posted on 07/15/2005 7:55:45 AM PDT by Golden Eagle
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To: Campion
In commercial arenas Bill Gates is not used to having for his own private playground, that's what's technically called "competition". And it's supposed to be one of the good things about capitalism.

I'm all for fair and legal competition, but when you're trampling on ~300 patents in the Linux kernel alone, you're not competing fairly.

47 posted on 07/15/2005 8:02:04 AM PDT by Golden Eagle
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To: Golden Eagle
In the e-mail, dated Oct. 4, 1999, Swartz said that there was some code that was line-for-line identical to Unix and other code that appeared to be rewritten, perhaps to disguise that it was copied.

That's easy to explain, you must remember we're dealing with SCO here.... in 1999 they noticed that the kernel used some code such as... "for (x =0; x < y; ++x)". In 2002 they realized that such code is farily common. Big deal.
48 posted on 07/15/2005 8:03:12 AM PDT by Bulwark
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To: Golden Eagle
I'm all for fair and legal competition, but when you're trampling on ~300 patents in the Linux kernel alone, you're not competing fairly.

Agreed. Let's see some proof, though.

49 posted on 07/15/2005 8:16:29 AM PDT by ShadowAce (Linux -- The Ultimate Windows Service Pack)
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To: Salo; N3WBI3
Here's SCO's reply to the memo, but since it's from a foreign news source, don't expect GE or B2K to accept it as valid. :)
50 posted on 07/15/2005 8:22:38 AM PDT by ShadowAce (Linux -- The Ultimate Windows Service Pack)
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To: Golden Eagle
As usual, Jokelaw doesn't give the full story. From news.com:

As usual, News.com doesn't post original documents so we can read for ourselves. However, I'm sure Kimball saw both before he gave his "Despite the vast disparity between SCO's public accusations and its actual evidence--or complete lack thereof..." statment.

51 posted on 07/15/2005 8:51:16 AM PDT by antiRepublicrat
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To: ShadowAce

Pamela Jones (aka PJ from Jokelaw) is an employee of OSRM, the firm that estimated the 283 patent violations...


52 posted on 07/15/2005 8:52:35 AM PDT by Golden Eagle
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To: ShadowAce
It also notes that additional investigation is required to locate all of the problems, which SCO has been continuing in discovery in the IBM and Autozone cases,

Their discovery in Autozone is about the possibility of Autozone having files compiled on SCO's UNIX on their Linux systems. Such files are compiled statically linked, and would therefore include SCO's copyrighted libraries. This could be a problem if Autozone didn't have a license to do that (which they claim they do). It has nothing to do with SCO code in Linux.

As for IBM, SCO has been backpedalling big-time on their copyright violations claims since the evidence never appeared.

53 posted on 07/15/2005 8:57:50 AM PDT by antiRepublicrat
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To: Golden Eagle

OK--but that doesn't constitute proof of anything. Try again.


54 posted on 07/15/2005 9:01:49 AM PDT by ShadowAce (Linux -- The Ultimate Windows Service Pack)
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To: Golden Eagle
Pamela Jones (aka PJ from Jokelaw) is an employee of OSRM, the firm that estimated the 283 patent violations...

That firm stated possible violations. None of those were possible violations of court-upheld patents. Many are for patents that are likely to be thrown out if challenged in court, or found that they are so broadly worded that they can't apply. You know, patents like the recent Eolas one used against Microsoft that is dying under re-examination.

55 posted on 07/15/2005 9:14:09 AM PDT by antiRepublicrat
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To: antiRepublicrat
As usual, Jokelaw doesn't give the full story. From news.com:

Also, you have to remember that Groklaw is generally document- and court action-based. When something pops up, it's usually on Groklaw first. It was unsealed, she posted, then SCO had its response later.

BUT, if you notice, Groklaw has it up in bold print on the front page that there are two updates to the story, and includes the CNET coverage of SCO's response.

You try to discredit Groklaw by claiming it only shows news favorable to the editor's viewpoint. Sorry GE, wrong as usual.

56 posted on 07/15/2005 11:53:43 AM PDT by antiRepublicrat
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To: Golden Eagle; ShadowAce
And to go further into the actual subject of this thread rather than your attacks on Groklaw, check this out. I've read the Swartz memo (watch out for clicking, it's a PDF from Groklaw!) from '99. News.com and SCO leave out two very important matters.

First, "infringing" code mentioned is admittedly likely to be covered under the BSD agreement, written by third parties, or standaard code for standards compliance, and is therefore exempt. Second, all of this is a preliminary investigation "subject to the further analysis" to decide whether any of the code they found is actually infringing.

I'll give you one guess as to who the guy mentioned in this memo is who was supposed to do the "further analysis" and reach a final conclusion.

.

.

If you guessed Michael Davidson, the author of the memo that this thread is about, your're right! To put it succinctly, their initial investigation said "there might be something here," while their final conclusion was "there's nothing here."

Darl was making his threatening statements and trying to sell SCO Source licenses after that final "there's nothing here" conclusion. I would say that could land him in jail. He and Evers would be good bunk buddies.

57 posted on 07/15/2005 12:12:53 PM PDT by antiRepublicrat
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To: AFreeBird; Bulwark
Thanks for the info, fellows.

Fregards

58 posted on 07/15/2005 1:04:31 PM PDT by LTCJ (I get it. First you call it a Living Document, then you kill it.)
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To: N3WBI3
I doubt that we will hear from them (other than posting some fud links). I can almost guarentee they will not address the substance of this rather damning document. Ive already asked b2k about it and so far nothing..

You haven't heard from me because, unlike many of you, I actually waited until more was known about the documents.

This "investigation" dates back to 1999. And, as we know, IBM's move to "invest" $1B in Linux didn't happen until December, 2000. Result: none of this is conclusive of anything.
59 posted on 07/15/2005 4:44:50 PM PDT by Bush2000 (Linux -- You Get What You Pay For ... (tm)
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To: Bush2000
The memo is post 2000, infact the memo occurred not long before Darl has said that there is line for line copying of SCO openunix code into Linux.. Now it seems the 1999 memo was the one saying there were lines of code *but* that code could be BSD. The memo from August of 2002 (after three years worth of time to gather info) said that that had no information indicating copyright infringement, and defiantly no evidence of the direct copying Darl claimed was there in his extortion license.. So are you going to address the content of this memo or not?
60 posted on 07/15/2005 5:16:18 PM PDT by N3WBI3 (If SCO wants to go fishing they should buy a permit and find a lake like the rest of us..)
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