View Full Version : The SCO - Linux Wars...

17-06-2003, 03:16:51
News for the day:

#1 - SCO revokes IBM's UNIX license. Claims it's all voided, and everyone running AIX is in violation and should destroy all their IBM UNIX OS and software. And if IBM AIX customers don't do so, SCO may be coming for their money and prosecuting all users...

#2 - A few lawyers and analysts claim that SCO may soon *legally* own LINUX. How? By all that code theft by everyone! Supposedly, a good bit of the code is now proprogated throughout so much of Linux, through so much Open Source, that it cannot be 'corrected' and in fact is SCO owned code. They have arrived at this conclusion by:

* the SCO code is still owned by SCO, and
* people purposely stole it, they've invalidated the GPL.
* stolen property is still the legal property of the owner, regardless of how much other people have claimed it as their own, sold it, or gave it away...
* If someone steals your product and then directly derives from it (or it has babies) it's all the legal property of the original owner.

The SCO - Linux wars are just going to heat up from here!

Sir Penguin
17-06-2003, 03:47:25
June 16, 2003, Armonk, NY.... Since filing a lawsuit against IBM, SCO has made public statements and accusations about IBM's Unix license and about Linux in an apparent attempt to create fear uncertainty and doubt among IBM's customers and the open source community.

IBM's Unix license is irrevocable, perpetual and fully paid up. It cannot be terminated. This matter will eventually be resolved in the normal legal process.

IBM will continue to ship, support and develop AIX which represents years of IBM innovation, hundreds of millions of dollars of investment and many patents. As always, IBM will stand behind our products and our customers.

# # #

Trink Guarino
Director, IBM Media Relations


Nothing to worry about.


Sir Penguin
17-06-2003, 03:53:55
It's not surprising that lawyers and analysts are getting excited. They'll take this as far as they can.


17-06-2003, 04:56:41
Rim..., ah, reminds me of the days when I wrote Linux (tm). Yes, that was me!

17-06-2003, 05:24:18
It will take a court to decide if IBM does have a legitimate license. Going to be a lot of money thrown at this case. If the first judge decides that SCO might have a case, then IBM will get slapped with an injuction from selling any more UNIX. Regardless of what IBM says. That will be held over (stayed), in that case, for IBM's appeal of the injunction of course. And if THEY upheld it, IBM will be in a world of hurt at about 0.9 billion dollars (US) every quarter, while the case goes through. Now, if the judge rules against SCO, then SCO will appeal, and then whatever the outcome of that, will be appealed. All very quickly.

And keep in mind, that if SCO does show that IBM coders dropped in SCO code into Linux, IBM will lose their license to SCO, regardless. SCO owns the source code copyrights, outright and the all contracts for the source code. NOVELL admits and agrees with that and have removed/dropped all their objections.

The Open Group still owns the TRADEMARK to UNIX.

IBM is going to tell their customers not to worry. But corporations are going to worry. If IBM screws up this case, their customers will get hosed.

I'd expect SCO's web sites to start getting hacked every other day. Just some of the GNeeks way of expressing their love and respect for the legal code owner out to squeeze money from their property, of course...

17-06-2003, 05:31:42
Remember, perpetual license does not let a company break their license term (and doing so invalidates the license). So if IBM is shown to have ripped off UNIX source code (not just one instance, but repeated instances), IBM will lose their perpetual license, regardless of whatever the claim, and will have to at a minimum, renegotiate it. And you can bet SCO won't make it perpetual. I bet they will even raise the cost from the maximum $110,000 a year they currently charge (And SUN and HP are currently paying).

Keep in mind, SUN also has a perpetual license, and yet, they are paying a yearly fee. Strange. Wonder why that is?