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