INTAC_Internet_Access_Web_Hosting Linux for Windows Users MozillaQuest MQ Logo
MozillaQuest the on-line computer magazine
July 22, 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

MozillaQuest Op-Ed

SCO Registers Unix System V Copyrights

IBM, SuSE, and Richard Gooch Deny SCO-Caldera Copyright Claims

By Mike Angelo -- 22 July 2003 (C) -- Page 1

Does SCO Have a Viable Claim to JFS, NUMA, RCU, Etc?

Is SCO-Caldera Trying to Pull an Extortion Scam?

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 Has Not Found Its Code in Kernell.Org Linux Kernel or in GNU/Linux OS -- Conectiva, Mandrake, and SuSE Say No SCO in Their Code

Kernel.Org and GNU/Linux Developers Have Clean Code Safeguards -- Is SCO Trying to Dictate Linux Kernel and GNU/Linux Development Procedures?

Novell Says SCO Does Not Own Unix IP -- SCO Says it Does -- Novel Enters the SCO IP Fray with No Proof and More FUD

IS SCO NDA Sideshow Setting a Trap for Analysts and Linux Developers?

SCO +1, Novell -1 in SCO v Novell Unix-IP Feud -- Novell loses big round in Unix IP fray with SCO-Caldera

SCO-Caldera & the GNU/Linux Community:

In a press release issued yesterday, SCO (SCOX) announced that:

it has received U.S. copyright registrations for UNIX System V source code, a jurisdictional pre-requisite to enforcement of its UNIX copyrights. The company also announced it will offer UnixWare(R) licenses tailored to support run-time, binary use of Linux for all commercial users of Linux based on kernel version 2.4.x and later. SCO will hold harmless commercial Linux customers that purchase a UnixWare license against any past copyright violations, and for any future use of Linux in a run-only, binary format.

Also yesterday, in a telephone press conference for journalists and analysts, SCO CEO Darl McBride repeated that announcement. Other than SCO claims that it now has registered Unix System V copyrights, there is not really anything particularly new in yesterday's press release or yesterday's teleconference announcement.

Just What Unix or Linux Intellectual Property Does SCO Own?

Interestingly, just about everyone had assumed that SCO already owned the Unix System V copyrights when it filed its Caldera v IBM lawsuit. However, in March 2003 Linux Journal Editor Don Marti revealed that SCO did not own any Unix patents. Following that, Novell CEO Jack Messman announced in May that SCO did not acquire the Unix copyrights when it purchased Novell's Unix business in 1995. A week later, Darl McBride managed to come up with a later agreement conveying some, un-specified, Unix copyrights to SCO.

However, the real issue, which McBride managed to evade in SCO's press release and his teleconference announcement is whether the Linux kernel infringes on any SCO copyrights. GNU/Linux community spokespeople have repeatedly denied SCO-Caldera and McBride's claims that GNU/Linux infringes on SCO copyrights. Moreover, the German Courts have ruled it illegal for SCO and McBride to make such claims in Germany. Additionally, SCO is facing pending contempt of court charges for violating the German court orders.

It's just the same lame SCO claims that Linux contains SCO-owned Unix code that SCO-Caldera and McBride have been making for months -- in a new package with a new twist -- but the same old FUD (fear, uncertainty, doubt).

Richard Gooch Denies SCO-McBride's Claims

For example we have discussed these same basic issues with's Dr. Richard Gooch, the linux-kernel-mailing-list maintainer, before SCO filed its Caldera v IBM lawsuit and after the Caldera v IBM lawsuit was filed. Just to see if yesterday's SCO-McBride announcements had changed anything, we checked with Richard Gooch yesterday to see.

MozillaQuest Magazine: According to today's press conference Linux kernels 2.4 through 2.6 now infringe upon SCO's registered copyrights. Is that true?

Richard Gooch: They can claim copyright to the complete works of William Shakespeare for all I care. It's all bollocks.

MozillaQuest Magazine: Does IBM have registered copyrights for JFS, NUMA, and RCU?

Richard Gooch: Registered? I don't know. They do have copyright on the code they submitted. Note that SGI also has copyrights on NUMA code. In fact, SGI was first to contribute NUMA code to Linux.

MozillaQuest Magazine: Are the copyrights for JFS, NUMA, and RCU in Linux subject to the Unix copyrights that SCO has registered? Or do they come under GPL, or some other copyrights?

Richard Gooch: As I've said before, all code in the Linux kernel is under the GPL. I don't see the point of asking what is basically the same question every time SCO claims ownership over something else. SCO is screaming louder and louder, and I am hearing less and less.

We agree! MozillaQuest Magazine's editorial position about yesterday's SCO press release and teleconference announcements is that it is just more of the same old SCO-McBride FUD, reasonably calculated to muddy the SCO IP issues, and to stampede the more scared-rabbit Linux developers and users into buying UnixWare licenses from SCO -- in our opinion that is tantamount to extortion. It's really a shame that more people and organizations in the GNU/Linux community do not follow the Germans' lead and obtain court orders mandating SCO and McBride to stop this crap!

Germans Tackle McBride the Bully

SCO and McBride have been and are using bullying tactics in attempts to force GNU/Linux developers, distributors, and users into knuckling under to SCO and McBride's demands and dictates -- and to discourage people from developing and using Linux. The way to stop a bully is to stand up to the bully and to beat-up the bully.

The Germans have shown the way to do that. The Linux communities in all the nations need to stand up to the SCO-McBride bully just as did the Germans. It's time for Linux user groups, developers, distributors and so forth everywhere to file lawsuits against SCO and McBride.

Moreover, SCO and McBride can be in store for lots more legal beatings by the Europeans. Earlier today, LinuxTag's Klaus Knopper told MozillaQuest Magazine:

the austrian/european copyright law will be violated if SCO collects fees for programs written by other developers without their consent (also violating the GPL).

  • See SuSE Denies SCO-McBride's Claims on Page 2 ----->

  • 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

    Gaël Duval Tells Why Mandrake Linux Is Better Than MS Windows

    Gaël Duval and Mike Angelo Discuss The HP-Mandrake Computer

    HP to Ship Desktops with Mandrake 9.1 Linux Pre-Installed - Good News for Mandrake Linux and Fans

    Mozilla 1.4 Browser-Suite -- AKA Netscape 7.1

    Gaël Duval and Mike Angelo Discuss Mandrake Business Products and Finances

    SuSE Linux Desktop Available

    About the Hey SCO, sue me Petition

    Mandrake Linux 9.1 Retail Packs

    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

    Mandrake Linux 9.1 Released

    SCO-Caldera v IBM:

    Mandrake 9.1-RC1

    Netscape 7.02 Browser-Suite

    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

    Netscape 7.01 Browser-Suite

    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

    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

    Mandrake 9.0 is LSB Certified

    Mandrake Linux 9.0 Released

    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

    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

    Netscape Communicator 4.8 Browser-Suite

    Red Hat Calls on Linux Comunity for Beta Feedback

    MandrakeSoft Calls on Linux Community for Beta Testers

    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 Says Yes to LSB and UnitedLinux

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

    MandrakeSoft Says Yes to LSB but No to Netscape and UnitedLinux

    Red Hat Drops Netscape

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

    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 1.0 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:

    Mozilla 1.0 Browser Unofficial Sneak Release

    AbiWord 1.0.1 Quick Look - MS Word Clone for Linux, MS Windows, & Other Platforms

    Mozilla Roadmap:

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

    KDE 3.0 Released

    MozillaQuest Magazine 2001 Editor's Choice Hardware Picks

    Mozilla Roadmap Update:

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

    Getting Started with Wireless Network Technology

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

    Is Mozilla Actually AOL-Netscape's Mozilla?

    Bugzilla 2.16 & Bugzilla 2.14.1

    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