|FROM ||Ruben Safir Secretary NYLXS
|SUBJECT ||Re: [hangout] SCO To Expand Its Lawsuit Beyond Linux
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Date: Thu, 20 Nov 2003 11:14:15 -0500
From: Ruben Safir Secretary NYLXS
To: "Inker, Evan"
Subject: Re: [hangout] SCO To Expand Its Lawsuit Beyond Linux
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Reply-To: Ruben Safir Secretary NYLXS
List: New Yorker GNU Linux Scene
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Next is to sue MS for creating code which works on devices
which computer using a Central Processing Unit
On Thu, Nov 20, 2003 at 02:08:58AM -0000, Inker, Evan wrote:
> If this situation is not ludicrous enough, now SCO is going after BSD.
> McBride should he horse-whipped (just for a start that is..)This ignorant
> ranting lunatic is now claiming that all the innovations that came out of
> UCB in the 1980's belongs to SCO..Bullshit! Bullshit! Bullshit! If so, let
> SCO cease and desist from using sendmail, BIND and all other UCB Code and
> lets see how well their "Unix" performs.....
> Read the transcripts and you will reach the same inevitable conclusion:
> I won't even go into the fact that recognition and credit notices were
> stripped from source code USL incorporated into its Unix Product. I think
> the snippet from the UCB vs USL Court Files says it all:
> USL failed to include the University's copyright notice in its Unix
> System V, Release 4.
> 10. Substantial portions (perhaps as much as 50%) of
> the current version of USL's Unix Operating System, "System V, Release
> 4," is comprised of the University's BSD code. USL has paid no
> royalties for its use of the University's BSD software, although USL
> currently licenses its Unix Operating System for approximately
> $200,000. Although USL itself states, the Unix Operating System has
> become "one of the most highly regarded computer systems in the world,"
> this is largely the result of BSD software developed by the University
> and its contributors which has been incorporated into USL's Unix
> Operating System. The only form of compensation the University
> required USL to provide (other than the nominal license fee) was credit
> and recognition to the University for its valuable software and related
> documentation. USL failed to provide the University with its due
> credit and recognition under the applicable license agreement
> If is still isn't clear enough, read this article
> Additionally and if not foremost, read the email announcement from BSDi back
> in 1994 when the case was settled between BSDi and USL.
> USL vs. BSDI Lawsuit Settled
> To: info-bsdi-users-at-uunet.uu.net
> Subject: USL vs. BSDI Lawsuit Settled
> From: kolstad-at-BSDI.COM (Rob Kolstad)
> Date: 6 Feb 1994 20:34:05 -0500
> Distribution: world
> Followup-To: comp.unix.bsd
> Keywords: BSDI, Lawsuit, USL
> Newsgroups: alt.suit.att-bsdi, comp.os.misc, comp.unix.advocacy,
> comp.unix.bsd, comp.unix.misc, comp.unix.pc-clone.32bit, info.bsdi.users,
> misc.legal.computing, uiuc.sw.bsdi
> Organization: Berkeley Software Design
> Summary: USL/BSDI Lawsuit Resolved
> We are delighted to announce that the USL vs. BSDI lawsuit was settled on
> Friday, February 4, 1994. The text of the joint press release reads:
> UNIX System Laboratories, Inc./Novell Corporation ("Novell") and
> Berkeley Software Design, Inc. ("BSDI") announce the settlement of
> litigation based upon BSDI's distribution of its computer software
> product known as BSD/386.
> BSDI has agreed to substitute a port of the University of
> California's forthcoming new release to be known as 4.4 BSD(Lite)
> for BSD/386. For a limited period of time, BSDI may continue to
> distribute its BSD/386 product, although certain portions of the
> code may be distributed in binary form.
> All other terms of the settlement are confidential.
> All legal disagreements, suits, and countersuits have been resolved.
> The announcement of UCB's settlement with USL enables us to begin the
> integration of 4.4(Lite) immediately. Additionally, engineers will be
> completing the SCO binary emulation mode and completing the port of BSDI's
> operating system to the SPARC architecture.
> BSDI's 1.1 release will ship in about a week: February 14, 1994.
> We are delighted to have resolved our disagreements with USL and look
> forward to a successful 1.1 product shipment and a bright future devoting
> our full attention to our product and our customers.
> Rob Kolstad
> President, BSDI
> SCO To Expand Its Lawsuit Beyond Linux
> By Michael Singer
> November 19, 2003
> LAS VEGAS -- The man who claims there are Unix copyright violations within
> the Linux open source operating system is taking his fight to the Berkeley
> Software Design (BSD) community, which maintains an open source "genetic"
> version of Unix .
> SCO Group (Quote, Chart) CEO Darl McBride said his company is currently
> comparing source code awarded in a 1994 settlement between AT&T's (Quote,
> Chart) Unix Systems Laboratories and BSD, in which Berkeley's version of the
> Unix source was severed from the proprietary version.
> The Lindon, Utah-based SCO claims its copyrighted Unix code was incorporated
> into Linux without authorization or appropriate copyright notices. It has
> sued IBM over the issue and said this week other lawsuits are planned
> against major users of Linux.
> "I agree that the more yarn you pull out the more you see," McBride said
> during a press briefing at the inaugural Enterprise IT Week at cdXpo
> Conference here. "We have enough sorted out, but we are so focused on the
> [IBM litigation]. With our limited energies and what our guys are going
> through, we probably won't file any suits against BSD until sometime in the
> first half of next year."
> But that has not precluded SCO from announcing Tuesday that it plans on
> firing off another round of legal maneuvers in the next 90 days aimed at a
> major user of the Linux operating systems. McBride said SCO warned the
> Fortune 1,000 and the Global 500 earlier this year, in the form of an
> open-letter, that said legal action could be possible if they don't pay a
> licensing fee on parts of the Linux operating system that SCO alleges are
> infringing on its copyright.
> McBride said his legal team has compiled a list of about 24 companies,
> including some international firms, that it is contacting over its copyright
> infringment claims.
> "SCO is contacting customers to either license or litigate," McBride said
> during his keynote. "As we go forward we will continue to do battle, but we
> hope for a position where we can settle this amicably."
> During the past seven months, the company said it has uncovered a number of
> substantial software code issues as they pertain to SCO's Unix intellectual
> property and Linux. The company has already filed a lawsuit against IBM
> (Quote, Chart) last March alleging that Big Blue made its proprietary
> version of the Unix operating system, AIX, available to the open source
> During his remarks here, McBride's urged companies to be wary of viewing
> Linux as a "free lunch" and to protect their assets as voraciously as he
> has. The former Novell executive cited recent projections by the World
> Intellectual Property Organization (WIPO) that software will be a $229
> billion industry by 2007.
> "One of the biggest problems is that if you don't have the ability to
> protect what you have then your value is next to nothing," McBride said. "We
> have been placed in a tug of war between those who think software should be
> free and those who want to license it."
> For example, McBride said his 30-day audit of the company found the single
> largest asset that Caldera (SCO's name before it was changed) held at the
> time was the Unix operating system.
> "So I asked the question, 'have you thought about what impact this would
> have?' And I heard two things: one was [the audit] found violations with
> Linux. The other was that the company would be crucified by the Linux
> McBride said the discovery drove the decision to reorganize the company; it
> later stopped losing money but growing revenue was still a slog. By
> aggressively pursuing copyright infringement cases, SCO said it is only
> seeking its fair share of the estimated $21 billion Unix marketplace.
> "If I were to ask you a year ago who owns Unix, would you have said SCO?"
> McBride posed to attendees during his keynote address. "Most people would
> have said IBM, HP or Sun, but that would not be true."
> To that end, McBride predicted that the current General Public License that
> accompanies some open source software would not survive and that his company
> would prevail in court.
> "There is a misconception that SCO wants to destroy Open Source and Linux,"
> said McBride. "Certainly we believe strongly that there needs to be checks
> and balances, that open source has merit. We think there is a way for both
> to be possible."
> SCO's case against IBM has now been set for March 11, 2005 in a Utah
> Enterprise IT Week at cdXpo is produced by Jupitermedia, the parent company
> of this Web site.
> Editor's note: A previous version of the story referred to SCO's "patent"
> claims. SCO Group owns the copyright to the UNIX code, not the patent.
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