SCO is starting to look in our direction

RacerX

Old Rhapsody User
I have been following the SCO vs. _____ (fill in the blank) case for quite some time now worried about the implications of an IT company whose primary product is law suits. Initially I was also interested in seeing just what code they thought they found.

I have had a long history with both Macs and Unix based computing. While in school, the mainstays of my computing world were Macs, Suns, SGIs and NeXT systems. But, as a student, I could only afford to own a Mac. Why? In the early 90s Unix was expensive. Of my current systems my 1991 SGI IRIS Indigo Workstations were about $10,000 back then, my 1993 SGI Indy Workstation would have been $24,000, my low end 1992 Sun SPARCclassics were $4,500, and to outfit a Mac with Apple's A/UX operating system was about $800. Even when NeXT finally made a PC version of NEXTSTEP, the price was about the same as A/UX. Unix was expensive, very expensive.

In 1994, while working at the National Science Foundation's Geometry Center, I came across a little system that would change all that for me. The Geometry Center (like most high end computer based institutions of the time) was running with Macs, Suns, SGIs and NeXT systems... no PCs. This was not surprising, the general feeling was that PCs were the tools of secretaries and gamers and had no place in the real computing world. Still, part way through the summer I find in a little back room a PC. Back then I thought the only reason for it being there was to play DOOM, but it was running a new operating system called Linux. It didn't do much, but it was free and running on a cheep PC.

By the end of the 90s the seeds of Linux had made major changes in how Unix systems were being priced. In 1998 I bought a PC to put Linux on it... and never did. Sun had released a version of Solaris for Intel that was free! Early the next year I bought my first SGI and OPENSTEP (replacing Solaris on the PC).

I didn't happen into a small fortune, all these things started to come down in price. And to top it off, the amount of software for these platforms was increasing... with much of it being free. The advent of Linux, BSD and Open Source had tipped the balance of Unix-based systems to make them available and viable for the average user. The pricing of Mac OS X is a direct result of the events of the late 1990s.

I never did get around to using Linux much, but I was very aware of the part it was playing in my daily computing life. So when SCO sued IBM over Linux code they said was Unix code, I was interested to see the merits of the case.

At first, no one knew exactly what they (SCO) were talking about, so it was possible that it was true. But when SCO was unwilling/unable to show any code, and all infringing code known of today was discovered by the Linux community themselves, I started wondering where this was all going.

Then came the letters. SCO sent 1,500 letters to Linux users saying that they had to start paying license fees to SCO or they would be sued. The problem was that none of SCO's code had been shown to be in Linux yet. Usually that type of move waits for the proof of the final out come of a case like the SCO vs IBM matter in court right now.

As this appeared to be a campaign of FUD, it was not surprising for Red Hat to defend itself, they sued SCO for proof of the SCO claims.

So, this still all seems to be mainly a Linux issue with some of it spilling over into the Open Source arena.

The first lines of code were shown by SCO to a small group at an SCO convention. It wasn't long before those lines of code were on the internet and shown to be available for open use (with the exception of some SGI specific code that turned out to be redundant anyway). The code could be traced back to either BSD or 16-bit Unix code released by SCO (then Caldera) more than a year earlier.

So it would seem that SCO doesn't have a case. But if they don't have a case, they are dead in the water. In an interesting (and disturbing) turn of events, it now seems like SCO is going to contest a settlement between AT&T and BSD back in 1994 which made BSD open source (leading to FreeBSD, NetBSD, OpenBSD and now Darwin).

Consider this, SCO is wanting to charge Linux users a fee of about $700. It now looks like in order to get around the lack of evidence of System V code in Linux, they want to have the rights to BSD code too. What is to stop them from asking for $700 from every BSD user (including us) for every processor running that software (that would be $1400 for you dual processor people).

SCO saying they are considering contesting AT&T vs. BSD means we are about to become targets too. We, Mac users, really need to start following this with a little more active interest.

I would really hate to see Mac OS X start to cost as much as A/UX did. More important, as I don't see Apple getting users who already have Mac OS X to pay up an additional $700, SCO could (in theory) ask Apple to cough up $700 for every copy of Mac OS X sold and $1400 for every dual processor system sold running it.

SCO is gearing up to sue everyone, and our platform maybe next on the list of targets.
 
Who's this SCO company anyway?

Either way, I'm not paying them jack. They can take me to court for all I care.
 
Off-topic comment: IRIS Indigo Workstations - that takes me back. I used to use one myself a few years back. It was pretty decent and I think I'd rather go back to that than the PC I now use at work (grrr!).

On-topic comment: I'm hoping that at some point all these SCO claims actually get tested in court and thrown out. All the stuff I've read about this seems to indicate that the claims are nonsense (abeit from slightly based sources - i.e. slashdot). It looks like either SCO are merely trying to pump up there own stock value and/or spread FUD around to hurt *nix style OS's (perhaps with support from Microsoft - a whole separate story!).

The only way to kill this off is for a crushing defeat in court.
 
The problem with getting it tested in court is that someone actually has to go to court. IBM is doing that, but it will likely take a year before the precedent is set. Until then, SCO is 'free' to pump up stock value and scare the workers.
 
Going after each Mac user I am not sure the $700 result would be more than the cost of actually taking someone to court... or even $1400 for that matter.

The advantage of buying your operating system from a company like Apple, vs a open-source distro like Red Hat (was) and other brands... is that you have the licensing power of all Mac users, under Apple's name. So, if SCO was found to be correct in it's suit, then Apple could work a deal to license at a cost significantly less, say $20 per license. Although we may feel that cost when we purchase the next version of the Mac OS... it is significantly less than $700 or $1400.
 
voice- said:
Has anyone considered random violence against SCO workers and stock owners?

I think the answer to that is yes, though I don't think any one has gotten beyond the considering phase yet.
 
This topic is indeed going for some time now in the Unix/Linux communities. As far as I am informed by various german and dutch linux groups there seems a lot of Microsoft interest to be in this case: SCO itself is a dead fish :(
 
I read that M$ is funding SCO. If SCO actually won, this would be the best thing to happen to M$. This is blatantly obvious anti-competitive behaviour that M$ is known for.
 
Yep, as far as I've been keeping up with it... M¢ and SCO are stroking each others furry bits.

I thought the original consensus was that SCO where looking to be bought out (by IBM ahem!)... hence, the threat of court action leading to IBM pushing through a buyout in the face of a possible disaster.

Microsoft's part in this reminds me of Bill Hicks famous sketch about selling guns to opposing regimes... Microsoft have made a hefty purchase of SCO's licensing for Unix or something.
 
Wouldn't SCO have to go to court and win over the BSD issue before they could ever start getting fees from Apple?

I don't see how a third party could contest an agreement like that - especially almost 10 years after the fact.
 
uoba said:
Yep, as far as I've been keeping up with it... M¢ and SCO are stroking each others furry bits.

I thought the original consensus was that SCO where looking to be bought out (by IBM ahem!)... hence, the threat of court action leading to IBM pushing through a buyout in the face of a possible disaster.

Microsoft's part in this reminds me of Bill Hicks famous sketch about selling guns to opposing regimes... Microsoft have made a hefty purchase of SCO's licensing for Unix or something.
Please explain IBM's continuing motives for developing Linux if it owns UNIX?
 
MisterMe said:
Please explain IBM's continuing motives for developing Linux if it owns UNIX?

IBM is a licensee of System V which is the foundation's of their AIX operating system. IBM doesn't own Unix and is restricted in what they can and can't share of their development with their own version of Unix. Developing stuff that has such restrictions is a waste of R&D, so it is easier to work with Linux where their R&D into products for Linux is their own.

Also, the license fees are passed onto the consumer, which makes buying a system with AIX on it more expensive than one with Linux on it. For many tasks, Linux can be just as good as AIX, so why make people pay more? For other tasks AIX is the best solution and is worth the added cost.

Currently SCO (who has control of System V UNIX) has said that IBM has added their Unix code to Linux. They have also said that others have included Unix code in Linux. They are now saying that BSD contains their code (even though they released all the over lapping code to the public almost two years ago).

At this point SCO is trying to find some law suit that'll earn them money, and they'll try any claims at this point, no matter how far fetched they are.
 
Typical weasels. Screwed up, then think they can sue to get other people's money.
They have no chance to win any claims in the US, much less outside of it. And having M$ helps with the lawyer wealel fees, but doesn't do one bit of good in the legal arena, quite the opposite.
Weasels.
 
I believe SCO tried to sue SUSE and some other companies in Germany. They put in the suit, and the German courts threw it out unless they showed proof. If anybody has any links to this, please post. Why doesn't the American court follow the same steps. Until SCO comes forward and shows evidence, how about the courts dismiss until some sort of evidence is provided. SCO, IMHO, is just full of B$, just like M$. Mother-truckers.
 
RacerX said:
IBM is a licensee of System V which is the foundation's of their AIX operating system. IBM doesn't own Unix and is restricted in what they can and can't share of their development with their own version of Unix. Developing stuff that has such restrictions is a waste of R&D, so it is easier to work with Linux where their R&D into products for Linux is their own.

Also, the license fees are passed onto the consumer, which makes buying a system with AIX on it more expensive than one with Linux on it. For many tasks, Linux can be just as good as AIX, so why make people pay more? For other tasks AIX is the best solution and is worth the added cost.

Currently SCO (who has control of System V UNIX) has said that IBM has added their Unix code to Linux. They have also said that others have included Unix code in Linux. They are now saying that BSD contains their code (even though they released all the over lapping code to the public almost two years ago).

At this point SCO is trying to find some law suit that'll earn them money, and they'll try any claims at this point, no matter how far fetched they are.
You completely misunderstood my question. If IBM were to buy SCO, then IBM would own UNIX. The question remains: In that event, what would be IBM's motive for continuing development of Linux?
 
What development of Linux? IBM releases some code for things on Linux from time to time, but they don't develop it.
 
The problem with the AT&T/BSD thing is that happened before SCO had any legal rights to the Unix code, and was properly excuted by the legal owner at the time (AT&T/USL). It's a closed deal which SCO can't change.

Interesting take on the situation, albeit a bit old but makes sense as to their rhyme/reason for the suit:

SCO seems to have made the same mistake that AT&T made long ago, that is, copying "free" source code into its product and stripping away the copyrights. That loose practice is precisely what spannered the Unix Systems Labs (USL) lawsuit against BSD Unix, about a decade ago. Then, the University of California took on AT&T/USL and won, in that BSD Unix rewrote three modules and changed a few more, and that court transcript was (and remains) sealed, to let USL slink off quietly licking its self-inflicted wounds. (That judge handed USL its head.)
USL then sold Sys V Unix to Novell, which further sold it to the earlier SCO. Caldera bought Unix from old SCO, then renamed itself as... SCO.

http://www.theinquirer.net/?article=9952
 
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