Analysis of Linux Code that SCO Alleges Is In Violation Of Their Copyright and Trade Secrets.

Perins.com ^ | Bruce Perins (with help from many members of the Linux community)

[shadowman99]

From Slashdot
==================

" Since you probably didn't read some of the comments, as others have pointed out, these exact comments (and even some source) are in the public domained Unix 7 code, as well as old BSD code (BSD being absolutely in the clear from the settlement). So, this is in no way an example of infringment. Hell code I've wrote w/o ever seeing any of these is similarly constructed and commented.

BSD Comments (malloc), 1986:
/*
* Allocate 'size' units from the given map. Return the base of the
* allocated space. In a map, the addresses are increasing and the
* list is terminated by a 0 size.
*
* Algorithm is first-fit.
*/

SGI Comments, 1992 - Present:
/*
* Allocate 'size' units from the given map.
* Return the base of the allocated space.
* In a map, the addresses are increasing and the
* list is terminated by a 0 size.
* Algorithm is first-fit.
*/

Unix 7 (Public Domain) 1979:
/*
* Allocate 'size' units from the given
* map. Return the base of the allocated
* space.
* In a map, the addresses are increasing and the
* list is terminated by a 0 size.
* The core map unit is 64 bytes; the swap map unit
* is 512 bytes.
* Algorithm is first-fit.
*/

Wow, stunning proof, absolutely stunning that public domain source and comments would get used and modified.
--
.Sigmentation fault. Core dumped."

[Golden Eagle]

But, SCO is not claiming that it is duplicated in Linux.

How are you sure?

[justlurking]

How are you sure?

Look at the slide(s). The allegedly duplicated text are in red. The unduplicated text is in black.

The obfuscation was just a lame attempt to "protect" their own code. But, it doesn't matter, because it isn't relevant to the issue.

On the other hand, the allegedly duplicated text on that same slide has been found in public domain code as early as 1986, pre-dating SCO Unix.

[Liberal Classic]

As seen on Slashdot:

SCO: So, it is down to you, and it is down to me...if you wish Linux dead, by all means keep moving forward.
IBM: Let me explain...
SCO: There's nothing to explain. You're trying to kidnap what I have rightfully stolen.
IBM: Perhaps an arrangement can be reached?
SCO: There will be no arrangements...and you're killing Linux.
IBM: But if there can be no arrangement, then we are at an impasse.
SCO: I'm afraid so. I can't compete with you physically, and you're no match for my brains.
IBM: You're that smart?
SCO: Let me put it this way: Have you ever heard or Kernighan, Ritchie, Torvalds?
IBM: Yes.
SCO: Morons!
IBM: Really! In that case, I challenge you to a battle of wits.
SCO: For the kernel? To the death? I accept!
IBM: Good, then untar the source code. [SCO# tar -xvfz code] Inhale this but do not touch.
SCO: [taking a vial from IBM] I smell nothing.
IBM: What you do not smell is our patent portfolio. It is odorless, tasteless, and dissolves instantly in source code and is among the more deadly portfolios known to man.
SCO: [shrugs with laughter] Hmmm.
IBM: [turning his back, and adding the patents to one of the code trees] Alright, where are the patents? The battle of wits has begun. It ends when you decide and we both compile - and find out who is right, and who is dead.
SCO: But it's so simple. All I have to do is divine it from what I know of you. Are you the sort of company who would put the patents into his own source code or his enemies? Now, a clever man would put the patents into his own goblet because he would know that only a great fool would reach for what he was given. I am not a great fool so I can clearly not choose the code in front of you...But you must have known I was not a great fool; you would have counted on it, so I can clearly not choose the code in front of me.
IBM: You've made your decision then?
SCO: [happily] Not remotely! Because Linux's SMP code originally came from England(1). As everyone knows, England is entirely peopled with criminals. And criminals are used to having people not trust them, as you are not trusted by me. So, I can clearly not choose the code in front of you.
IBM: Truly, you have a dizzying intellect.
SCO: Wait 'till I get going!! ...where was I?
IBM: England.
SCO: Yes! AH! And you must have suspected I would have known the source code's origin,so I can clearly not choose the code in front of me.
IBM: You're just stalling now.
SCO: You'd like to think that, wouldn't you! You've beaten my giant, which means you're exceptionally strong...so you could have put the patents in your own code trusting on your strength to save you, so I can clearly not choose the code in front of you. But, you've also bested my Spaniard, which means you must have studied...and in studying you must have learned that Man is mortal so you would have put the patents as far from yourself as possible, so I can clearly not choose the code in front of me!
IBM: You're trying to trick me into giving away something. It won't work.
SCO: It has worked! You've given everything away! I know where the patents are!
IBM: Then make your choice.
SCO: I will, and I choose...[pointing behind IBM] What in the world can that be?
IBM: [turning around, while SCO switches goblets] What?! Where?! I don't see anything.
SCO: Oh, well, I...I could have sworn I saw something. No matter. [SCO laughs]
IBM: What's so funny?
SCO: I...I'll tell you in a minute. First, lets compile, me from my code and you from yours. [They both compile]
IBM: You guessed wrong.
SCO: You only think I guessed wrong! That's what's so funny! I switched branches when your back was turned! Ha ha, you fool!! You fell victim to one of the classic blunders. The most famous is never get involved in a land war in Asia; and only slightly less well known is this: Never go in against SCO, when intellectual property is on the line!

SCO: HA-HAHA-HAHA AH-HAHA-HAHA (!!) (THUD!)

[IBM removes the blindfold from Linux]

Linux: Who are you?
IBM: I'm no one to be trifled with. That is all you'll ever need know.
Linux: And to think, all that time it was your code that was patented.
IBM: They were both patented. I spent the last few years building up an impressive patent portfolio.

[Bush2000]

I would be cautious if I were you about looking at a single function and declaring victory. SCO reportedly showed off a lot of code besides this one function. We'll just have to see what develops...

[cryptical]

Heh. I see the whole comment in /usr/src/uts/3b2/os/malloc.c which is an old SysV source tree for the 3b2.

[Golden Eagle]

On the other hand, the allegedly duplicated text on that same slide has been found in public domain code as early as 1986...

And what's your source to this, and who made that contribution to public domain? Wasn't IBM was it? Another Unix licensee?

Seems that might be something SCO was willing to show in public. No way of knowing, and where are the rest of the pictures and what they show?

[Liberal Classic]

SCO should be cautious declaring victory before they have a judgement in a pending lawsuit. They've not been cautious, however, and I fear they may run afoul of the FTC before it's all over.

[shadowman99]

That kicks ass

[Liberal Classic]

The wife unit and I were rolling on the floor when we read that last night. :)

[Golden Eagle]

I really don't get that, and really think you're too dignified to be hanging out on Slashdot. Not that that's saying much. ;-)

[justlurking]

I would be cautious if I were you about looking at a single function and declaring victory. SCO reportedly showed off a lot of code besides this one function. We'll just have to see what develops....

Sorry, you'll have to come up with better FUD.

SCO has made a monumental mistake. The burden will now be on them to show conclusive proof that is not refutable. I suspect their "pattern recognition" experts now have a lot of egg on their faces and are scrambling to find the true origin of all the code alleged to be infringing, and are finding that BSD or something similar is the common origin.

I predicted this here:

http://www.freerepublic.com/focus/f-news/959564/posts?page=20#20

And of course, you disagreed:

http://www.freerepublic.com/focus/f-news/959982/posts?page=74#74

Now that there is evidence of copying from BSD, all you can do is "be cautious".

[Golden Eagle]

The burden will now be on them to show conclusive proof that is not refutable.

How about the burden on these photogs, who only gave us one example from the SCO Festival? Got to be more, right? I don't see anywhere near 80 lines, which is the lowest figure I've heard (going up to 'thousands')

[Liberal Classic]

My wife posts on Slashdot occasionally, but I just read it from time to time. If you ask me, Slashdot isn't what it used to be.

The reference is to a quaint little tounge-in-cheek movie called "The Princess Bride."

Haha! You fool! You fell victim to one of the classic blunders! The most famous is: Never get involved in a land war in Asia. Only slightly less well know is this: Never go in against a Sicilian when death is on the line!

HA HAHA HA! HA HA HA!

(thud)

[js1138]

From "The Princess Bride". Couldn't find a relevant pic.

[Golden Eagle]

Well please don't tell her I said that, never one to offend the ladies uneccessarily. But you're right, it DEFINITELY ain't what it used to be, back when the threads went 50 comments not 500.

[shadowman99]

My SWAG is the photog who leaked this felt these were the only images worth posting 2) didn't have enough privacy to get more shots.

Bottom line - this code will not stay secret forever. IBM is just as capable of chasing down the origins of this code as Bruce and the people at LWN. Perhaps IBM will draft them for research.

SCO had better learn that Unix code has a LONG history, and that the code has evolved a great deal, and they better do a better job of proving they own code before they walk into a courtroom. Because this example does not prove their case.

[Liberal Classic]

It's quite alright. She told me much the same thing the other day. :)

[justlurking]

And what's your source to this, and who made that contribution to public domain? Wasn't IBM was it? Another Unix licensee?

See the earlier post in this thread:

http://www.freerepublic.com/focus/news/966726/posts?page=21#21

Or, you can check out my posts to this thread, which I know you have already read and are just pretending ignorance.

Seems that might be something SCO was willing to show in public. No way of knowing, and where are the rest of the pictures and what they show?

SCO has been caught making a monumental error. Can't you come up with better FUD than "what about the rest"? There is no reason to believe that "the rest" is any better than what we have already seen.

I make the same challenge back to you: In the one publicly available example, SCO's claim has been proved wrong. If you believe otherwise, show me the proof. Otherwise, you are just shilling for someone that is only a few steps away from jail for stock fraud.

[Lost Highway]

Another of the same. Why SCO won't show the code