In a statement today, SCO seems to have threatened to sue Linus Torvalds, the inventor of Linux, if more companies don’t start licensing UNIX. (Note: Look at the very last paragraph.)
SCO Threatens Torvalds
Submitted by Owen Anderson 2003-05-28 SCO 122 Comments
The settlement with USL was years ago, as you say, but unless FreeBSD code development has been frozen in time since then (which we both know is not true), the threat of patent violation (whether intended or unintended) still exists w.r.t. any new code added to the FreeBSD source tree in the meantime.
I think it’s about as likely as such code being found in the mainstream Linux kernel tree, which is “not very”, but the possibility is still there and shouldn’t be lightly dismissed.
Give SCO credit. Its every action seems calculated to attract maximum press play both inside and outside the Linux community. None of the actions reveal anything of substance about SCO’s claims. There may be a good reason for that. Perhaps there is nothing of substance to reveal. All we know so far is that SCO seems to be just as confused as everyone else when it comes to figuring out what it is doing.
Only 100 shares, just for fun.
SCOX looks like it was sucking wind anyway. After this, they may be bankrupt by the end of summer.
>>I can just imagine the kind of backlash on SCO the minute they even try to implicate Linus. Countersuits from “every” linux related company anyone? <<
SCOX going bankrupt anyway. They are not worried about a backlash. This is desperation. Sue everybody, why not? Throw enough sh!t at the wall, and hope something sticks.
I think this whole case is like a soap opera. Maybe it will be one of those made for TV movies, like enron or martha stewaret.
Win or lose, this M$ driven travesty is succeeding in sowing FUD worldwide. Obviously SCO is goung down in flames, but why would they broaden their ludicrus claims ? Because MICROSOFT is paying them to go Kamakaze on Linux ! All we can do is double our efforts to remind everyone we know what soul-sucking evil bastards M$ (and by extension SCO) are.
Promote Linux NOW or it’s M$ forever !
I find that a plausible conspiracy theory.
SCO is going down any way.
MSFT pays SCO to sully the linux name on their way out.
I’d have to see a serious money trail for me to believe it, but it’s not impossible.
SCO has not produced any evidence to support their allegations. SCO’s allegations have been contradictory and difficult to follow in their entirety. If one looks at all of the reports of SCO’s statements, this should be obvious.
Based on facts that are known, there is reason to doubt the veracity of SCO’s allegations. Novell’s statement is a prime example and there are of course many others (check the links from the various OS News articles).
There is certainly no basis to suspect that Linus Torvalds, or anyone else, copied code in contravention of anyone’s intellectual property rights. Any such allegation is irresponsible in light of the _total_ absence of evidence to support such an allegation.
Hopefully this matter will be resolved quickly.
On the statement located at:
The royalties paid to Novell are explained as such:
” The Company has an arrangement with Novell, Inc. (“Novell”) in which it acts as an administrative agent in the collection of royalties for customers who deploy SVRx technology. Under the agency agreement, the Company collects all customer payments and remits 95 percent of the collected funds to Novell and retains 5 percent as an administrative fee. The Company records the 5 percent administrative fee as revenue in its consolidated statements of operations. The accompanying October 31, 2002 and 2001 consolidated balance sheets reflect the amounts collected related to this agency agreement but not yet remitted to Novell of $1,428,000 and $1,894,000, respectively, as restricted cash and royalty payable to Novell. The October 31, 2001 balances were reclassified from cash and equivalents and other royalties payable to conform to the current year presentation. ”
In other words SCO was just collecting the money for Novell from companies using SVRx – and for that reason alone.
Now for the funny bit. Note the date on that document, for the fiscal year ended October 31, 2002. When looking for information on SVRx (which dumb dumb me just found out is a version of UNIX apparently) I came across this short interview with Mr. McBride. There’s really only one question, but one thing stated in the first response is a real laugh… Though if you read through it you might find yourself seething with disgust. This article was written 9 months ago exactly yesterday.
The URL is here:
I enjoy using unix in general, wether it be Linux, BSD, or any other form of unix. Please do not allow either GNU/Linux zealots or BSD zealots sour you from using either OS/Kernel. In my eyes the majority of unix users are very helpful and friendly but as in many other communities there is that vocal minority which have no idea what they are talking about, and in turn tarnish the communities appearance.
I copied page two *woops*
Isn’t OpenDarwin/OSX Unix based? Does Apple have a license with SCO to use Unix? And if so, why are they giving OpenDarwin away?
Uh, OpenDarwin is BSD based.
Maybe this should be titled “As the beat(ing) goes on”?
McBride added that unless more companies start licensing SCO’s property, he may also sue Linus Torvalds, who is credited with inventing the Linux operating system, for patent infringement.
Someone give the tempermentdal little brat a sucker, god SCO, are you serious?
I prefer BSD over Linux, but this crap is bad for everyone. I agree that it has no merit. I think SCO is raking in some dough before they fold.
Maybe what could happen is that every other Linux distributor could gang up and sue SCO. There is absolutely no way they could know if SCO code was in Linux, if it was there in the first place, unless they had been authorised to view it. If SCO wanted to make sure none of its code, they should publish it, albeit in read only form, so that no one will have an excuse for copying it. Does anyone know of any book that is copyrighted, and is protected by a copyright even though it is unpublished. Or of patents that could be upheld without knowing what was being patented.
By not showing people their code, or providing it on ‘read only’ terms, Linus, and a host of other developers who have never seen UNIX code could walk free on that technicality, and so could all Linux companies. Until they start forcing people to make available their code if they want to protect it from copying, it remains impossible to know what is in anyone else’s code, especially if you are not authorised to view the code.
I will buy a cd writer and then will make 2 companies… one to print cdroms and sell them… another to buy them and deliver them to SCO and demand the refund…
That would work
Sounds like SCO got bit by the Scott McNealy bug… business bad? Focus your efforts on suing your competitors.
Yes!!!! Torvalds should go to jail!
Linux = a second-rate operating system powered by kernel designed by amateur.
Why is everyone so quick to rule out the possibility that SCO may actually be telling the truth? To blindly think that Linux is innocent, without proof, is as stupid as to blindly think it is guilty. People really need to keep an open mind till the trial occurs, and the facts are set straight, because right now no one knows for sure whether there is any truth or fiction to this.
“Why is everyone so quick to rule out the possibility that SCO may actually be telling the truth? To blindly think that Linux is innocent, without proof, is as stupid as to blindly think it is guilty. People really need to keep an open mind till the trial occurs, and the facts are set straight, because right now no one knows for sure whether there is any truth or fiction to this.”
Physician, heal thyself.
SCO worried about Linux? Yes, but not nearly as much as Microsoft is, and that’s who’s behind this. I hope the corrupt courts of America don’t let M$/SCO win..