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'SCO' code could be written out of Linux - plan to 'tax' Linux community is destined to fail
vnunet.com ^

Posted on 08/04/2003 11:30:01 AM PDT by chance33_98

'SCO' code could be written out of Linux

By Robert Jaques [04-08-2003]

Analyst predicts plan to 'tax' Linux community is destined to fail

SCO Group's attempts to 'tax' the Linux community for copyright infringement are doomed to failure because developers will simply rewrite the Linux kernel, analyst Butler Group has predicted. The analyst said that although a number of companies might pay SCO once for the UnixWare licences it claims they need, such an aggressive stance by SCO would not help it to sustain any long-term business relationships.

SCO is selling licences for Linux systems based on kernel version 2.4.x and later, claiming that Linux contains misappropriated Unix code taken from SCO. It may also take legal action against any company using Linux without that licence.

But Butler Group said that, even if SCO could prove that the Linux kernel includes its code, because of the nature of the open source community it will not be long before the SCO code is removed from the kernel.

"SCO ... appears to have forgotten about the real power of Linux: the 'community' of developers, both employed and otherwise, who are passionate about the GNU Public Licence software," said the analyst group.

"Even if SCO's claims are proven to be true that the 2.4 kernel and later does contain Unix code, the kernel will be rewritten.

"If the people that are in the community can produce a security patch for Linux six to 10 times faster than an equivalent from Microsoft for Windows, then a new kernel will not be long in coming and SCO can wave goodbye to its expected royalties."


TOPICS: Business/Economy
KEYWORDS: techindex

1 posted on 08/04/2003 11:30:01 AM PDT by chance33_98
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To: chance33_98; Ernest_at_the_Beach
What is this an SCO-a-paloosa today?

This is another story on the SCO-Linux situation today.

Tech's are down today. My TIVO is down $1.10 ouch!

I don't think that has anything to do with the Duke boys here. But then again it might, you know kick 'em when they're down sorta thing.
2 posted on 08/04/2003 11:43:54 AM PDT by Only1choice____Freedom (If everything you experienced, believed, lived was a lie, would you want to know the truth?)
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To: chance33_98
This is what it is all about:

Some might suspect a classic "pump and dump" maneuver but I of course would never claim that about an organization that feels free to threaten lawsuits right and left.

3 posted on 08/04/2003 11:46:35 AM PDT by dark_lord (The Statue of Liberty now holds a baseball bat and she's yelling 'You want a piece of me?')
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To: chance33_98
SCO - what a joke!
A company whose only product is a hyped up lawsuit.
4 posted on 08/04/2003 11:47:39 AM PDT by FreeMeansNoID
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To: Only1choice____Freedom; *tech_index; MizSterious; shadowman99; Sparta; freedom9; martin_fierro; ...
The writers worked up their stories over the weekend!

OFFICIAL BUMP(TOPIC)LIST

5 posted on 08/04/2003 11:53:02 AM PDT by Ernest_at_the_Beach (All we need from a Governor is a VETO PEN!!!)
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To: chance33_98
Wonder how long until the brass buzzard shows up.
6 posted on 08/04/2003 12:08:23 PM PDT by HiTech RedNeck
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To: chance33_98
The only chance that SCO has of winning their lawsuit would be a corrupt judge.

For quite a while now, SCO has been distributing and selling a Linux distribution, Unitedlinux - http://www.sco.com/unitedlinux/
That distribution has long included the kernel that supposedly contains the copyrighted SCO intellectual property.

Since SCO distributes this code themselves, with a GPL attached, it should be IMPOSSIBLE for them to claim that the code has not been released into the Open Source universe.
7 posted on 08/04/2003 12:24:16 PM PDT by Mr170IQ
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To: Ernest_at_the_Beach


8 posted on 08/04/2003 12:34:00 PM PDT by Incorrigible
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To: chance33_98
even if SCO could prove that the Linux kernel includes its code, because of the nature of the open source community it will not be long before the SCO code is removed from the kernel.

It looks like Red Hat has decided to force SCO's hand on this. They just filed suit against SCO in Delaware. One of the things they want is a declaratory judgement that Red Hat linux does not infringe SCO's copyrights or trade secrets. SCO must now identify those sections of the code which it claims infringe, or Red Hat will get its declaratory judgement.


9 posted on 08/04/2003 12:34:44 PM PDT by Nick Danger (The views expressed may not actually be views)
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To: dark_lord
SCOX lost over $2 today (15%). I should have called my broker to find out how to sell it short.
10 posted on 08/04/2003 12:46:49 PM PDT by KarlInOhio (Paranoia is when you realize that tin foil hats just focus the mind control beams.)
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To: Nick Danger
Smart move!
11 posted on 08/04/2003 12:46:56 PM PDT by Ernest_at_the_Beach (All we need from a Governor is a VETO PEN!!!)
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To: Nick Danger
SCO 's action doesn't seem to be slowing down the move to LINUX!

_________________________________________________________________________________

Story Url: http://finance.lycos.com/home/news/story.asp?story=35129551
Send story to the .
Linux Sweeps IBM Customers -- from Smallest to Largest
4 Aug 2003, 3:12pm ET
- - - - -
ARMONK, N.Y.--(BUSINESS WIRE)--Aug. 4, 2003--

     IBM Expands Linux Services Practice, SMB and ISV Programs In
                 Response to Worldwide Customer Demand

IBM today at LinuxWorld San Francisco announced new customers from various industries that are moving to Linux, marking the astounding growth in demand for Linux, from the smallest to the largest customers.

From small and mid-sized business (SMB) customers Netflix and Marinalife to enterprise customer NYFIX, companies in every industry and throughout the world are choosing Linux and IBM to save costs, consolidate workloads and integrate their e-business operating environments.

In response to the overwhelming customer demand, IBM is expanding its Linux practice in key areas, including the expanded IBM Global Services (IGS) Linux practice, SMB solutions testing in IBM Linux competency centers and Business Partner and ISV programs for Linux-based solutions. IBM's industry-leading Linux consultancy practice has expanded to meet customer demand for Linux-related services. More than 3,000 employees in IGS now have skills in open source technologies, a ten fold increase since 2001.

"In a tough economy, customers need to do more with less," said Jim Stallings, general manager, Linux, IBM. "As customers increasingly move from proprietary solutions, such as those from Sun, HP and Microsoft, IBM will continue to drive Linux adoption by expanding our Linux practices and offering customers and partners the tools they need to integrate their e-business operating environments while realizing improved performance and better return on investment."

SMBs Embrace Linux

Netflix: Netflix, Inc., a medium-size business customer, is the number one online movie rental service, providing DVD movie rentals to more than one million customers each month. IBM Global Service Linux experts helped Netflix move from Sun to IBM hardware and software running Red Hat Linux to save costs and increase mission critical web performance for the Netflix repository of 16,000+ DVD titles and CineMatch search and queuing. IGS Linux practitioners worked closely with Netflix to architect and migrate Netflix's web edge servers from Solaris to Linux on several dozen IBM eServer xSeries servers. They are also working with Netflix to improve web site performance, and best practices to manage the infrastructure on an ongoing basis. Netflix has also implemented the IBM TotalStorage Enterprise Storage Server Model 800 to satisfy its large-scale online storage requirements.

Netflix chose IBM because of its expertise in Linux, depth of knowledge and resources across hardware, software and services. The Netflix Linux solution has afforded the company a successful migration from Solaris to Linux on eServer x335 systems allowing the company to increase its web performance at a fraction of what they would continue to spend with the Sun Solaris solution. For the next phase of the implementation, Netflix will use IBM's Lotus Domino Web Access software, giving customer's Web-based access to e-mail, calendaring, scheduling and instant messaging capability. Netflix will also use IBM WebSphere Portal software for their new employee based communication intranet, as well as an extranet for suppliers providing the company's extensive inventory of DVD movies.

Marinalife: For Marinalife, using Linux has been smooth sailing. The small business chose IBM and Business Partner, KeyLink Systems over Oracle and Microsoft solutions to create an online reservation system that allows recreational boaters to reserve a dock in more than 12,000 marinas throughout the United States. The web-based reservation system is replacing the time consuming process of making phone reservations for boat slips, making it faster for boaters to make a reservation, while saving marina operators time and money.

Marinalife is using a hosted, Linux-based solution from IBM that can easily scale to handle 75,000 reservation records, 10,000 marina records and 10,000 user records. The solution runs on IBM DB2 Universal Database and IBM eServer xSeries servers, providing a highly reliable online system that can handle reservations around the clock.

Enterprise Customers Embrace Linux

NYFIX, Inc.: NYFIX has selected IBM eServer BladeCenter as the next generation of server to power its online electronic-trading systems network. NYFIX operates the industry's largest Financial Information eXchange (FIX) order-routing network. This network is used by brokerage firms and other financial institutions to communicate trade data, such as who is buying or selling shares of a particular security, equity or stock. The NYFIX network processes hundreds of millions of shares of U.S. equity securities on a daily basis. The IBM eServer BladeCenter servers running Red Hat Linux will provide NYFIX with twice the performance of their existing Sun and HP servers while saving the overhead costs associated with operating systems and extra cabling that those systems required.

Softbank Uway: Softbank Uway, a leading company in Seoul, Korea, focusing on online university applications is replacing 45 database and web servers from HP and Sun with IBM's latest mainframe, the IBM eServer z990, running SuSE Linux. In switching to the IBM eServer z990 from its current HP and Sun servers, Softbank Uway plans to increase the stability of its online operations such as university applications, graduate school applications, qualification and IT certification operations, and employment applications. Softbank Uway has also chosen the IBM TotalStorage Enterprise Storage Server Model 800 and IBM TotalStorage Enterprise Tape Drive 3590 for data storage consolidation and back-up.

When completed, the new Softbank Uway system running Linux will contribute to a more stable environment for university admission-related works, which require especially high system stability and availability. By integrating the many physically dispersed database and web server systems to one server, Softbank Uway will save costs, consolidate workloads and simplify its infrastructure.

Expanded IBM Linux Practices and ISV Programs

IBM Global Services Linux practice: IBM announced its industry-leading Linux consultancy practice has expanded to meet customer demand for Linux-related services. More than 3,000 employees in IGS now have skills in open source technologies, a ten fold increase since 2001.

IBM Linux consultants combine in-depth technical expertise with deep business knowledge, enabling seamless migrations to open source environments. Migration know-how and management is a natural extension of IGS competency in managing heterogeneous environments. IGS can help customers develop an Open Source strategy and can help them re-engineer their internal processes to leverage Open Source technology.

IBM Global Services offers the industry's most comprehensive portfolio of Linux consultative and support offerings, from planning and design, to implementation and technical support. IBM consultants skilled in Linux are available worldwide to help customers design, build, enhance and operate their Linux solutions.

SMB Solutions Testing for Linux Competency Centers: To support overwhelming interest from small and medium business customers, IBM is offering SMBs expanded access to its Linux Centers of Competence. The IBM Linux Solutions Express Center in the Beaverton, Oregon Linux Competency Center will provide unprecedented access to SMBs. The IBM center gives customers the opportunity to see how their solutions perform on Linux. Consistent with IBM's Express solutions portfolio of products and services specifically designed for SMB customers, the company has designed the IBM Linux Solutions Express Center to specifically simulate SMB customers infrastructure environment. During the simulation customers can see the maturity, high availability and scalability of Linux based solutions.

Business Partner Incentive Program: IBM is introducing a new incentive for Business Partners called "Double Your Discount with Linux." The incentive is part of the Value Advantage Plus Initiative that helps Independent Software Vendors (ISVs), Value Added Resellers (VARs) and Solution Providers create Linux-based solutions for medium-size businesses using IBM's leading software. IBM delivers more than 200 software products that run on Linux across its WebSphere, DB2, Lotus, Tivoli and Rational products lines, along with the new Express offerings that are designed to meet the needs of medium-size businesses. Participants in the program will be eligible for up to a 60 percent discount on IBM software, doubling the existing incentive.

The program gives ISVs and solution providers the funding, tools, Linux marketing programs and sales collateral they need to quickly add Linux-based solutions to their portfolio of offerings for smaller businesses. In today's economic climate, IBM is helping ISVs and solution providers target a growing segment of the mid-market space and drive Linux solution revenue. The program is designed to help a wide range of ISVs and solution providers that currently resell software from IBM, as well as encourage partners that resell software for other companies like Microsoft, Oracle, BEA, Computer Associates, Veritas and UNIX resellers to join IBM's PartnerWorld for Software program and take advantage of the "Double Your Discount with Linux" incentive.

IBM's ISV Advantage Initiative: This initiative is designed to provide ISVs with technical and marketing support to help meet the needs of SMB customers. More than a dozen of the 55 business partners that have signed ISV Advantage agreements with IBM are already offering Linux-based solutions and several dozen more will be soon. As part of the initiative, ISVs work with IBM to port their applications to IBM's open infrastructure, with a special focus on IBM WebSphere Express and IBM DB2 Express running on Linux.

In North America, those ISV Advantage partners already offering Linux-based solutions include Tecsys (Montreal, QC), Friedman Corp. (Deerfield, IL) and Marcole (Walnut Creek, CA).Additional IBM business partners in the ISV Advantage program currently offering Linux-based solutions include Datatex and ORDAT in Europe and NewsPage, 3RSoft, PRONTO Software, Axe Online, Mid-Comp, Business On Line, NEOJAPAN, and Japan Business Computer in the Asia-Pacific region.

IBM's Solutions Proven Initiative: This initiative is used by ISVs to create a broad portfolio of line-of-business applications that can then be resold by other IBM solution provider business partners. Eight new applications enabled on Linux are now available from six ISVs participating in this program: iEnterprises (Murray Hill, NJ), Genius Inside (New York, NY), HR Solutions (Germany), Binary Tree (Red Wing, MN), Data Technologies (Orange, CA) and Frontline Consultancy (Manchester, UK). These solutions, in such disciplines as CRM, ERP, Collaboration, e-Commerce, Project Management and Service Management, are available now through IBM's worldwide Business Partner channel, bringing the total number of ISV solutions in the Start Now Solutions Proven program to more than 30.

About IBM

IBM is the world's largest information technology company, with 80 years of leadership in helping businesses innovate. Drawing on resources from across IBM and key IBM Business Partners, IBM offers a wide range of services, solutions and technologies that enable customers, large and small, to take full advantage of the new era of e-business. For more information about IBM and Linux, visit www.ibm.com/linux .

CONTACT: IBM
             Stacy Simpson
             Office: 914-766-4123
             Mobile: 914-830-8510

stacysim@us.ibm.com

SOURCE: IBM

12 posted on 08/04/2003 12:50:42 PM PDT by Ernest_at_the_Beach (All we need from a Governor is a VETO PEN!!!)
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To: Ernest_at_the_Beach
Have you seen this one yet?

August 4, 2003 Novell's Stone Speaks Out on Ximian, SCO By Mary Jo Foley, Microsoft Watch The vice chairman and open-source backer offers his two cents on the Ximian deal, Novell's future relationship with Microsoft and the latest SCO skirmish.

Just before hopping a plane to jet off to LinuxWorld in San Francisco, Novell vice chairman Chris Stone provided a few quick answers to a few of our questions on Monday's announcements that Novell plans to buy Gnome and Mono developer Ximian — as well as on Red Hat's decision to sue SCO.

13 posted on 08/04/2003 3:32:41 PM PDT by Only1choice____Freedom (If everything you experienced, believed, lived was a lie, would you want to know the truth?)
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To: Ernest_at_the_Beach
Here's the article:
http://www.eweek.com/article2/0,3959,1210070,00.asp


August 4, 2003
Novell Acquires Ximian
By Scot Petersen

Novell Inc. pulled off a Linux coup today by snapping up developer Ximian Inc., but according to Ximian's top developer, it will mostly be business as usual.
Ximian is noted for developing the Gnome open-source desktop interface and Mono, the open-source version of Microsoft Corp.'s .Net framework. Most recently, the company released Ximian Desktop Version 2, Professional Edition, which is built atop the Gnome foundation. The open-source-projects will continue on course, and they will also be integrated into Novell's product line, said Ximian CTO Miguel de Icaza, who adds the title of chief technology officer for the Novell Ximian Services business unit of Novell.

"My title didn't really change," de Icaza told eWEEK. "I'll be helping develop Linux strategies for the future at Novell. We'll be more involved with actual Novell strategies."

For Novell, Ximian allows the Provo, Utah, company to expand its growing Linux business. In June, Novell announced Nterprise Linux Services, the first product in its forthcoming Novell Nterprise Linux suite.

De Icaza said talk had been going on with Novell this summer; even before that date, there was some familiarity between the two companies. "We had been doing other things with Novell for quite a while," de Icaza told eWEEK. "We were working on Evolution for Groupwise. We knew that Novell was putting server components on Linux. We had multiple touch points working together."

De Icaza said Ximian, which will maintain its Boston office (Novell has an engineering facility in Waltham, Mass.), will benefit greatly by having its products integrated into Novell's distribution channel. "It will be very helpful in getting things out," he said.

De Icaza said any worries about Ximian's status as an open-source stalwart are unfounded. "Even if there was a tiny concern from anyone [about open source], if Novell decided not to do open source, every line that has already been published cannot be taken back [from the open-source realm]. Once you give a present, you cannot take it back.

"The software will remain free," he said. "But Novell not only is going to continue existing software projects but extend the involvement."
LinuxWorld Special Report


The first version of Mono is now expected by the end of this year, he said. "It's going faster than we expected," de Icaza said. "We completed Milestone 1 ahead of time. We will be shipping a PowerPC version of Mono by the 1.0 release. A preview is expected in September."

Terms of the deal were not announced. Novell and Ximian officials will hold a press conference at LinuxWorld in San Francisco Tuesday to provide more details about the acquisition. Follow eWEEK.com for the latest developments.

Editor's note: This story has been updated to include comments from Miguel de Icaza.


14 posted on 08/04/2003 3:43:34 PM PDT by Only1choice____Freedom (If everything you experienced, believed, lived was a lie, would you want to know the truth?)
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To: chance33_98
Well I agree with the title "SCO code could be rewritten" but that is far from certian. There is a huge range of decisions that could come from this new complaint trial, and if SCO owned code is found to exist in Linux, the judge will be under no obligation to make it easy for Linux. He/She could very easily say that it is trade secret, and no one but SCO or SCO designates are allowed to touch it. This is just as likely as the outcome the single source the article (also from the UK, not US) seems to hope for.

What I find interesting is that the article actually (like some other articles I've seen recently) starts to better probe the possibility that SCO is right. But either way, I'm glad RH is now suing SCO, since we will now probably will find out who is right even sooner.

15 posted on 08/04/2003 6:21:01 PM PDT by Golden Eagle
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To: Ernest_at_the_Beach
IBM's chance to get back on BillGatesMicrosoft. Hahahahahaha.
16 posted on 08/04/2003 6:23:03 PM PDT by dennisw (G_d is at war with Amalek for all generations)
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To: Golden Eagle
Well I agree with the title "SCO code could be rewritten" but that is far from certian. There is a huge range of decisions that could come from this new complaint trial, and if SCO owned code is found to exist in Linux, the judge will be under no obligation to make it easy for Linux. He/She could very easily say that it is trade secret, and no one but SCO or SCO designates are allowed to touch it. This is just as likely as the outcome the single source the article (also from the UK, not US) seems to hope for.

Suppose I work in a company which is using selective breeding to produce an improved strain of corn [leaving genetic engineering out of the picture]. Someone steals some of my genetically-engineered corn and starts using it.

If I take immediate action, I may have a claim against any crops the thief planted with my corn. Suppose, though, that I wait a few years and my corn has thoroughly interbred with other heirloom crops.

Can I require farmers everywhere to pay me for using what might be 'my' corn?

17 posted on 08/08/2003 6:01:08 PM PDT by supercat (TAG--you're it!)
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