INTAC_Internet_Access_Web_Hosting Nationwide Dialup $14.95 MozillaQuest MQ Logo
MozillaQuest the on-line computer magazine
May 21, 2003

EPIX Internet Services
MozillaQuest Magazine Front Page button

Internet & Web browsers button

custom Netscape & Mozilla themes & skins button

Digital Photography


IRC - Internet Relay Chat - Chat button

Linux buttonLinux for Windows Users

Mozilla button


Netscape button
network articles

tutorial - help - how to button

Web Page Design

Web Tools

Windows button

Conectiva, Mandrake, and SuSE Say No SCO in Their Code

SCO-Caldera v IBM:

Is SCO Trying to Renege on Clearing Linux Kernel ?

Linux and the SCO-Caldera v IBM Lawsuit

By Mike Angelo -- 21 May 2003 (C) -- Page 1

SCO Has Not Found Its Code in Kernel.Org Linux Kernel or in GNU/Linux OS

Article Index

SCO-Caldera v. IBM:

SCO Clears Linux Kernel but Implicates Red Hat and SuSE

IBM Files Answer to SCO's Caldera v IBM Complaint

IBM Response to SCO-Caldera Complaint Is Outrageous!

SCO-Caldera & the GNU/Linux Community:

Note: while this article was in development, SCO-Caldera announced that it will let a hand-picked third-party panel look at Linux kernel code that SCO-Caldera claims is proprietary SCO-owned code -- under a non-disclosure agreement (NDA). (Linux Buzz: SCO to Reveal Allegedly Copied Code, Linux Journal, 15 May 03. Link in Resources section at end of this article. )

We believe that to be another SCO-Caldera smoke and mirrors scam. One reason is that if the members of the panel sign NDAs, then SCO-Caldera has control over what they may say publicly about the matter covered by the SCO NDA. The most honest way for SCO-Caldera to prove there is SCO-Owned code in the Linux kernel is to post its specific claims detailing the code in question to the linux-kernel mailing list or on the SCO-Caldera Web site. MozillaQuest Magazine will look into this new SCO-Caldera scam in an upcoming article.

Are you one of those concerned people who has been following the SCO v Everyone controversy. If so, you now likely are painfully aware that SCO-Caldera spokespeople are contradicting each other and themselves about SCO-Caldera claims that there is SCO-owned code in what SCO-Caldera loosely calls Linux. Perhaps before this saga has run its course, things might reduce to SCO v SCO or SCO v Caldera. SCO (NASDAQ: SCOX) is the company formerly known as Caldera (NASDAQ: CALD).

SCO Cleared Official Linux Kernel of Tainted Code

In a previous story looking into SCO-Caldera's vague and naked claims that there is SCO-owned code in Linux, we reported that Chris Sontag said SCO had not found SCO-owned code in the Linux kernel.

"In an e-mail discussion that took place 24 and 25 April, SCO-Caldera Senior Vice President Chris Sontag told MozillaQuest Magazine that there is SCO-owned code in Red Hat and SuSE Linux distributions. He also told MozillaQuest Magazine that the tainted code is not in the Linux kernel that Linus [Torvalds] and others have helped develop. We're talking about what's on the periphery of the Linux kernel." (SCO-Caldera v IBM: SCO Clears Linux Kernel but Implicates Red Hat and SuSE)

The discussion went like this:

MozillaQuest Magazine: When Darl [McBride] said "substantial System V code [SCO-owned Unix code] showing up in Linux", did he mean the Linux kernel, the GNU/Linux operating system, a Linux distribution(s), or Linux applications? If it is in the kernel, which kernel version(s)?

Chris Sontag: We're not talking about the Linux kernel that Linus and others have helped develop. We're talking about what's on the periphery of the Linux kernel. (Ibid. Emphasis added.)

Since that article was published, SCO-Caldera has returned to its prior posture of trying again to vaguely implicate the Linux kernel. However, we believe at this time that SCO-Caldera is blowing smoke again -- as part of its war on the entire Linux community. That topic is discussed some here today and will be discussed further in some upcoming MozillaQuest Magazine articles.

SCO Wants to Hurt Linux Development and Deployment

Up to that discussion with Chris Sontag, as far as we know, SCO spokespeople had refused to be specific as to what they were alluding with their accusations that there is SCO-owned code in Linux. Moreover, SCO-Caldera either has been unable to, or unwilling to, point to specific SCO-owned code in what it loosely calls Linux.

Many people in the Linux community believe this is an intentional SCO-Caldera strategy aimed at disrupting Linux kernel, GNU/Linux operating system, and Linux software development. Linux community members also believe that SCO-Caldera's strategy is to stifle Linux distribution and Linux software sales, marketing, and deployment.

IBM states that belief in the preamble to its Answer to SCO-Caldera's lawsuit: . . . contrary to Caldera's allegations, by its lawsuit, Caldera seeks to hold up the open source community (and development of Linux in particular) by improperly seeking to assert proprietary rights over important, widely used technology and impeding the use of that technology by the open source community.

If there is SCO-owned code in the core Linux kernel, then that tainted Linux kernel code likely would be in every Linux distribution and every Linux-based computer system. This is a particularly key issue not only for the Caldera v IBM lawsuit, but also for SCO-Caldera's ability to attack just about every Linux distribution provider (LDP) and perhaps every Linux-based operating system user.

Note: interestingly, it seems that SCO-Caldera does not own any Unix patents nor does it own the Unix trademark or Unix specification. In March, Allen Brown, President and Chief Executive Officer of The Open Group, told us that The Open Group got the Unix trademark and the Unix specification.

Don Marti, Linux Journal editor, did an interesting patent search in March. He found Caldera has never had a patent assigned to it . . . So, if SCO is interested in throwing the first stone in a licensing war, all they have to play with is copyright on UNIX source code. (Follow the Patents, People, Linux Journal News Notes 6 March 2003) Please also see Microsoft licenses a SCO patent? What patent?, also by Don Marti. Links in Resources section at the end of this article.)

Unfortunately, SCO-Caldera owns the Unix source-code copyrights. If Linux were to have been derived from Unix code as SCO-Caldera is claiming, then indeed SCO-Caldera might be able to mount copyright infringement claims against Linux OS distributors, Linux VARs, perhaps even Linux ISVs and Linux users, and so forth.

Of course whether SCO-Caldera could prevail in such copyright infringement claims is an entirely different matter. We examine that question in an upcoming MozillaQuest Magazine article.

SCO Has Not Shown Any SCO-code in Linux Kernel or GNU/Linux OS

Some two months ago, in our 18 March 2003 article, Alan Cox, Richard Gooch, and David Weinehall Respond to SCO's Linux-Related Claims, we noted that so far SCO had not publicly identified any SCO-owned code residing anyplace in Linux and challenged SCO-Caldera CEO, Darl McBride, to show publicly any such code:

SCO-Caldera's CEO Darl McBride and associates, have failed to offer proof that the Linux kernel and GNU/Linux are derived from SCO-owned Unix source code. Can you, Darl McBride, forthwith and without delay show substantial amounts of Linux kernel and/or GNU/Linux source code are the same as SCO-owned source code? Can you show us any Linux kernel and/or GNU/Linux source code are the same as SCO-owned source code?

Do you, Darl McBride, have articulable proof that Caldera-owned proprietary knowledges, skills, and methodologies were used in Linux kernel and/or GNU/Linux operating system development? If so, what is that proof -- other than a bald assertion?

So far Darl McBride, you have failed to offer any proof of your naked claims! Please, Darl McBride, show us your proof so that we all can see it.

That's still the case. So far Darl McBride, has failed to offer any proof of his naked claims!

  • See SCO Blows More Smoke on Page 2 ----->
  • Stay tuned.

    Please see the first two parts of our series about SCO-Caldera's IP claims plus its intentions to enforce and license its intellectual property rights.

    SCO-Caldera & the GNU/Linux Community: The SCOsource IP Matter

    SCO-Caldera & the GNU/Linux Community: Part 2, Under the Iceberg's Tip

    Related MozillaQuest Articles

    SCO-Caldera v IBM:

    SCO-Caldera & the GNU/Linux Community: The SCOsource IP Matter

    SCO-Caldera & the GNU/Linux Community: Part 2, Under the Iceberg's Tip

    About the "Hey SCO, sue me" Petition

    Caldera OpenLinux 3.1.1 Available

    Caldera OpenLinux Workstation 3.1 -- A First Look

    UnitedLinux, a Divisive Weapon for Caldera's Darl McBride -- Part I

    UnitedLinux, a Divisive Weapon for Caldera's Darl McBride -- Part II

    SCO's Darl McBride and MozillaQuest Magazine's Mike Angelo Discuss Caldera Linux and LSB

    Caldera/SCO 3.1.1 OpenLinux Distribution Gains LSB Certification

    Linux Makes a Great Gift

    Don't Forget the Books

    LinuxWorld in New York City -- 21-24 January 2003

    Other Interesting MozillaQuest Articles

    Copyright 2000-2003 -- MozillaQuest -- Brodheadsville, Pa..USA -- All Rights Reserved
    Recent Articles

    About the Hey SCO, sue me Petition

    Mandrake Linux 9.1 Retail Packs Available

    Linux for Windows Users -- Linux Networking for Windows and Desktop People -- Mandrake 9.1 and LinNeighborhood

    Gaël Duval and Mike Angelo Discuss the New AMD64 OS --

    Mandrake Linux Corporate Server 2.1 for AMD Opteron

    SuSE Linux Enterprise Server 8 for AMD64 Released

    Major Morphing in Mozilla Project Organization and Objectives Proposed

    Red Hat Linux 9 Distribution Released -- To Paying Customers

    Mandrake Linux 9.1 Released for Downloading

    SCO-Caldera v IBM:

    Mandrake 9.1-RC1 Available for Downloading Now

    Netscape 7.02 Browser-Suite Released

    SCO-Caldera & the GNU/Linux Community: The SCOsource IP Matter

    LinuxWorld in New York City -- 21-24 January 2003

    Don't Forget the Books

    Linux Makes a Great Gift

    Christmas Season Holidays & Computer Suggestions 2002: Overview

    Netscape 7.01 Browser-Suite Released

    Mozilla 1.2.1 Browser-Suite Released

    Buggy Mozilla 1.2 Recalled

    Mozilla 1.2 Browser-Suite Released

    Mandrake Linux 9.0, Desktop Magic You Can Use: A First Look

    Mandrake Linux 9.0 Retail Boxes Ship

    Linux for Windows Users:

    Using LinNeighborhood to Create a Network Neighborhood for Linux

    SuSE 8.1 LSB Certified

    SuSE Linux 8.1 Release Today

    Zero Tolerance for Privacy and Security Bugs

    Mozilla and Netscape JavaScript Bugs Compromise Privacy and Security

    Red Hat Linux 8.0 Is LSB Certified

    Red Hat Linux 8.0 Distribution Released

    Mandrake 9.0 is LSB Certified

    Mandrake Linux 9.0 Released for Downloading

    SCO's Darl McBride and MozillaQuest Magazine's Mike Angelo Discuss Caldera Linux and LSB

    Caldera/SCO 3.1.1 OpenLinux Distribution Gains LSB Certification

    Mozilla 1.2-alpha Browser-Suite Released

    Mozilla 1.0.1 Browser-Suite Released

    UnitedLinux: A Standard or a Distribution?

    UnitedLinux, a Divisive Weapon for Caldera's Darl McBride -- Part II

    Holger Dyroff, Gaël Duval, Mark de Visser and Mike Angelo Discuss LSB, UnitedLinux, and the Linux Market

    UnitedLinux, a Divisive Weapon for Caldera's Darl McBride -- Part I

    Netscape 7.0 Browser-Suite Released

    Netscape 7.0 Browser-Suite Coming, But Not Here Yet

    Mozilla 1.1 Browser-Suite Released

    Mozilla 1.0.1-RC2 aka Netscape 7.0-beta Browser-Suite Released

    Netscape Communicator 4.8 Browser-Suite Released

    Red Hat Calls on Linux Comunity for Beta Feedback

    Red Hat Linux 7.4/8.0 Moves Closer -- Beta 3 (Null Nee Limbo) Released

    MandrakeSoft Calls on Linux Community for Beta Testers

    Mandrake Linux 9.0 Beta 3 Available Now -- 9.0 in September

    Mozilla 1.0.1-RC1 Browser-Suite Released

    Mandrake 8.2, Red Hat 7.3, & SuSE 8.0 Linuxes now LSB Certified

    Scott McNeil and MozillaQuest Magazine Discuss LSB

    Are You Ready For the Linux Standard Base? LSB is Ready for You!

    SuSE Linux 8.1 in October -- UnitedLinux Server in November

    SuSE Says Yes to LSB and UnitedLinux

    New Mozilla Roadmap Sets 1.1 for 9 August 2002 and Effectively Kills Mozilla 1.0.x

    Mandrake Linux 9.0 Beta 1 Available Now -- 9.0 in September

    MandrakeSoft Says Yes to LSB but No to Netscape and UnitedLinux

    Red Hat Linux 7.4/8.0 in the Works -- Beta 2 (Limbo) Released

    Red Hat Drops Netscape

    Mozilla 1.0 Browser-Suite's E-Mail & News Quick Look

    Mozilla 1.1 Beta Browser-Suite Milestone Released

    Mozilla 1.0 Browser Quick Look

    Tabbed-Browsing Coming to KDE's Konqueror Browser

    A Quick Look at Mozilla 1.0 Browser-Suite Performance -- Speed, Stability, and Memory Hogging

    Mozilla 1.1 Alpha Browser-Suite Milestone Released

    Mozilla 1.0 is Officially Out!

    A Quick Look at Some Mozilla 1.0 Browser-Suite Annoyances, Bugs, And Issues

    Mozilla 1.0 Not Ready for Prime Time -- Close but No Cigar and No Brass Ring!

    Turmoil in MozillaLand:

    Current Status of Mozilla 1.0, 1.0.1, and 1.1-Alpha

    Mozilla 1.0 Browser Unofficial Sneak Release

    Mozilla 1.0 is unofficially out!

    Mozilla 1.0 Browser-Suite Coming Soon

    Mozilla 1.0-RC3 Browser-Suite Milestone Released

    Netscape 7.0-PR1 Browser-Suite Released

    Netscape 6.2.3 Browser-Suite Released

    Mozilla 1.0-RC2 Browser-Suite Milestone Released

    AbiWord 1.0.1 Quick Look

    MS Word Clone for Linux, MS Windows, & Other Platforms

    Mozilla Roadmap:

    Mozilla 1.0-RC2 Set for 10 May Release

    Mozilla 1.1a for 22 May 02

    Red Hat Linux 7.3 Distribution Released

    Red Hat Linux 7.3 Coming Soon?

    Mandrake Linux 8.2 Boxed-Sets Available -- Update -- KDE 3.0 Upgrade & StarOffice 6.0

    Mandrake Linux 8.2 Boxed-Sets Now Available

    Mozilla 1.0-RC1 Browser-Suite Milestone Released Behind Schedule

    Mozilla 1.0-RC1 Browser-Suite Sneak Preview

    Mozilla 1.0 on the Way -- Milestone 1.0-RC1 Branched

    Red Hat Linux 7.3/8.0 Coming Soon -- Beta 2 (SkipJack) Released

    SuSE Linux 8.0 Set for April 22 Release

    KDE 3.0 Released -- Binaries and Source Code Available for Downloading

    Mandrake Linux 8.2 Released for Downloading

    Netscape 6.2.2 Browser-Suite Released

    Mozilla Milestone 0.9.9 Browser-Suite Released Behind Schedule

    Mozilla 0.9.9 Browser-Suite Sneak Preview

    Mozilla Milestone 0.9.9 Branched Behind Schedule

    MozillaQuest Magazine 2001 Editor's Choice Hardware Picks

    Mozilla Roadmap Update:

    Moz 1.0 April Release Confirmed & Post-1.0 Development Plan Announced

    The PowerLeap Renaissance -- A Handy PC Upgrade or Repair on a Card

    Mozilla Milestone 0.9.8 Browser-Suite Released Behind Schedule

    Mozilla Milestone 0.9.8 Browser-Suite Sneak Preview

    Caldera OpenLinux 3.1.1 Available

    Getting Started with Wireless Network Technology

    Part III: Adding Wireless to a Linux-Based Laptop or Notebook

    AOL-TW Purchase of Red Hat Linux Update:

    AOL Denies It! Alan Cox Tells AOL to Shove It!

    Overview of an AOL-TW Purchase of Red Hat Linux

    Part I: What AOL-TW Gets and Does Not Get in a Red Hat Acquisition

    Is Mozilla Actually AOL-Netscape's Mozilla?

    Bugzilla 2.16 Release Reset & Bugzilla 2.14.1 Security Update Released

    Year 2001 in Review -- Mozilla and Netscape Browsers

    Free Software for Your New Christmas Computer -- Or Any Computer for That Matter

    Linux Gifts for Christmas, Holiday, and All Occasions