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June 17, 2003

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Only 80 Lines of Common Unix and Linux Code -- So Far

SCO-Caldera Shows No Proof Linux Was Derived from Unix

By Mike Angelo -- 17 June 2003 (C) -- Page 4

SCO's NDA Show And Tell Scam Was A No Show Sham!

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:

Summary and Conclusion

For months, MozillaQuest Magazine and others have been challenging Darl McBride to show evidence in support of his claims that Linux is derived from Unix and there is inclusion of SCO-Owned Unix code in Linux that arises to infringement of SCO copyrights.

In response, for several weeks SCO CEO Darl McBride and Senior Vice President Chris Sontag have been promising to show what they claim is their, SCO-owned Unix code in Linux -- but only to selected industry analysts and journalists and only to those who sign a controversial SCO NDA (non-disclosure agreement).

On or about 4 June, 2003, Chris Sontag visited two Boston area trade analysts, Aberdeen's Bill Claybrook and Laura DiDio at Yankee Group. In our opinion, of the two analysts who saw the code, only Bill Claybrook is qualified to conduct such a code review.

Bill Claybrook did find 80-lines, out of several hundred lines that SCO showed him, of Unix kernel and Linux kernel code that were identical. However, it appears the Linux kernel code that SCO's Chris Sontag showed to Bill Claybrook was not kernel.org code. Rather, the Linux kernel code that SCO's Chris Sontag showed to Bill Claybrook was code from an IHV.

On the basis of what Chris Sontag showed to Bill Claybrook, Bill Claybrook was unable to form an opinion that Linux was derived from Unix or that there is SCO-owned Unix code in the kernel.org Linux kernel or the GNU/Linux operating system.

A Munich Germany court has ruled that SCO has failed to prove its claims that Linux was derived from Unix or that Linux infringes upon SCO's intellectual property rights.

SCO-Caldera's CEO Darl McBride and associates, have failed to offer proof that the kernel.org Linux kernel and GNU/Linux are derived from SCO-owned Unix source code.

In our 18 March article, Alan Cox, Richard Gooch, and David Weinehall Respond to SCO's Linux-Related Claims, we asked:

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 [kernel.org] 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.

The bottom line is that SCO-Caldera did not show Bill Claybrook any probative evidence that Linux was derived from Unix -- or any probative evidence that there is any SCO-owned Unix code in either the kernel.org Linux kernel or the GNU/Linux operating system (OS).

We do not think SCO-Caldera showed such evidence to Laura DiDio either. However, it appears that she is not sufficiently qualified to know what she saw. Her comments and the report SCO Suits Up Against IBM Over UNIX Source Code, Round 1, about the SCO-Caldera IP issues published by her firm, the Yankee Group, appear to be FUD (fear, uncertainty, doubt) -- more about that later.

A Munich, Germany court also has come to the conclusion that SCO has failed to show that Linux was derived from Unix or that there is purloined Unix code in Linux. It also has enjoined SCO-Caldera from making any such statements in Germany. It appears that SCO-Caldera failed to fully comply with the German injunctions and now is facing a contempt of court proceeding in the Munich court.

Credentials Appendix

In one part of my Q&A with her, Laura DiDio gives as her credentials merely that she is "literate". Heck people become "literate" in the first grade if not sooner. That does not mean they know anything about computers let alone be experts in the field.

Perhaps she meant computer literate, but that is not what she said. An analyst ought to be clear and precise when speaking in the analyst capacity. Moreover, even merely computer literate is far from what it takes to be an expert in the computer arena or to be someone serving in the role of an expert for reviewing allegedly purloined code.

MozillaQuest Magazine: What did you see specifically that led you to believe that the "Linux" code might be purloined SCO-owned Unix code?

Laura DiDio: What I saw appeared to be a direct "cut and pasting of Unix code into Linux code." I am not a software developer but I am literate and it appeared as though it was copied directly.

Merely being "literate" is a far cry from being qualified to render reports and to make conclusions.

Laura DiDio saying: appeared to be a direct "cut and pasting of Unix code into Linux code." is troubling. She has no objective basis to suggest, let alone say, that the Unix code was cut and pasted into Linux. That is a subjective speculation rather than an objective report of facts. All a code-reviewer can do, given what SCO was showing, is what Bill Claybrook did -- that is to report that the lines of code are identical.

Additionally, she does not even seem to know the difference between cut and paste and copy and paste. Perhaps Laura DiDio meant to say that 200-lines of Unix and Linux code that she viewed were identical. That would be an appropriate, objective report of facts. But that is not what she said.

These issues of creditably raised here might seem to be nit-picking to some. However, SCO and McBride hyped the code-viewing event as an event that involves experts. The issues are very controversial and the reports and opinions rendered by code-viewers could have tremendous impact on the GNU/Linux community, Linux users, investors, and more.

That means that the credentials and credibility of code viewers is very important. The code viewers are not mere messengers, they are the message makers. The severity of the issues and the outcomes of the code-viewing require that code-viewers have the highest credibility. Therefore, nits are important here and they will be picked .

I did ask Laura DiDio some follow-up questions to try to clarify her un-acceptably loose language and list her qualifications. She refused to answer those follow-up questions. She refused to provide us with her credentials.

Laura DiDio did not reply with any clarifications of her statements reported in this story or offering any credentials other than she is "literate" or anything else germane to the topic. Rather she responded with an attack on this author and the article stating in part:

It is clear that you took my written responses out of context and twisted them.

I do not believe I did so. However, you can judge for yourself. For more about Laura DiDio's attack on this author and this article, plus her full interview in context, please go to page 5.

Mike Angelo.


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


Resources


Aberdeen Group Perspective, SCO-IBM Lawsuit: Time for Some Changes?

Aberdeen Group


Linux-Unix ties spelled out, By Charles J. Murray, EE Times, 9 June 9 2003


Follow the Patents, People, Don Marti, Linux Journal News Notes 6 March 2003.

Linux Buzz: SCO to Reveal Allegedly Copied Code, Don Marti, Linux Journal, 15 May 2003

Microsoft licenses a SCO patent? What patent?, Don Marti, Linux Journal, 19 May 2003

SCO NDA Offers Little Information, Much Risk, Don Marti, Linux Journal, 4 June 2003


Linux and the GNU Project, By Richard Stallman


UNIX is a registered trademark of The Open Group in the United States and other countries

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


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