Linux and Open Source

Steven J. Vaughan-Nichols & Paula Rooney

SCO says its claims not dead yet

By | July 13, 2010, 6:13am PDT

Summary: Most of the code snippets are very generic, as though SCO were claiming to own basic coding.

But they are. (You can tell white folks at a trot, because they all like Spamalot.)

SCO CEO Darl McBride’s brother Kevin has finally posted the code he says IBM “stole” for Linux from the Unix SCO claimed to own. (The court decided Novell, not SCO, owned the Unix in question.)

It turns out to be much ado about very little. (Except that the McBrides really, really hate Pamela Jones of Groklaw, which I consider a point in her favor.)

Most of the code snippets are very generic, as though SCO were claiming to own basic coding.

It’s sad, in a way. IBM, Novell, and the entire Linux community were dragged through the courts for seven years over this? Really? Really. And for much of that time open source, as a concept, was under a cloud of legal suspicion, a cloud the McBrides would still like imposed on it.

Their case is worse than Bilski’s, and even the Robert Supreme Court saw fit to throw out those claims (even if they left the rest of us hanging).

It’s like Spamalot with non-traditional casting. Maybe Lawrence Fishburne as King Arthur. (And Fishburne in Spamalot is a much better idea than the McBride jihad.)

Can we finally let this story go?

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Dana Blankenhorn has been a business journalist for 30 years, a tech freelancer since 1983.

Disclosure

Dana Blankenhorn

Dana Blankenhorn has been a journalist, writer and part-time futurist for over 30 years.

At the present moment I run only a personal blog in addition to my ZDNet open source blog.

DanaBlankenhorn.Com has the subtitle The War Against Oil. In the past I have used it to write about political history, e-commerce, personal matters, some ideas related to open source, and The World of Always On, which is the idea of using sensors, motes and RFID to turn WiFi links into platforms for applications which live in the air.

My IRA account at Schwab holds a few tech shares, most notably some Intel and Applied Materials, but there are no open source companies in it. I don’t even own any CBS stock.

Biography

Dana Blankenhorn

Dana Blankenhorn has been a business journalist for nearly 25 years and has covered the online world professionally since 1985. He founded the Interactive Age Daily for CMP Media, and has written for the Chicago Tribune, Advertising Age's "NetMarketing" supplement, and dozens of other publications over the years.

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RE: SCO says its claims not dead yet
erik.soderquist 12th Apr 2011
@Gradius2

what version(s) did you work with? i worked with 3.2r4.2 and OpenServer 5, both were slow and inefficient, but rock solid stable. servers i deployed on OpenServer 5 had uptimes measured in years if they were on a decent UPS

i finally replaced OpenServer 5 with Linux when on the same hardware a proxy log processing script i'd written took 6 hours on Linux when it took 3-4 days on SCO OpenServer 5.

by "same hardware" i mean very literally the same exact hardware. i had a test box and made the slight modifications to the scripts to detect SCO or Linux and use the appropriate syntax so the same scripts could run correctly on either host and tested them on Linux. 6 hours. wiped and reloaded the test box with SCO to rule out the hardware being the differentiating factor. 3-4 days (depending which run, it varied, i ran it repeatedly over the course of a month). wiped and reloaded again with Linux, very reliable 6 hours. that was when i decided that all the SCO servers i was supporting were being replaced with Linux as soon as i could get applications ported.
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RE: SCO says its claims not dead yet
croberts 13th Jul 2010
By giving coverage to this moron you are perpetuating his 15min of fame. Remove this blog. He isn't worth it.
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M$ must have employed the McBride's
Linux Geek 13th Jul 2010
to continue spewing FUD against Linux
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RE: SCO says its claims not dead yet
ItsTheBottomLine 13th Jul 2010
@Linux Geek Seriously, are you that paranoid & delusional? What am I saying, you just answered my question with that post.
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RE: SCO says its claims not dead yet
Jkirk3279 13th Jul 2010
@ItsTheBottomLine

No, it's a viable possibility. Consider JAVA.

It was supposed to be the next big thing.

Microsoft got involved. And now it's kind of a joke compared to what people were predicting.

It's not far out to suggest that Redmond would sabotage the competition.
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RE: SCO says its claims not dead yet
gnufreex 14th Jul 2010
@ItsTheBottomLine
Are you that delusional and Microsoft-loving that you believe that Microsoft are saints and that they don't do evil? Oh you answered my question with you nickname. You are one of those who think that companies should be allowed to do anything if it helps their bottom line. Of course, you would like to call it capitalism, but it isn't. It is called Tyranny in the name of money. Capitalism is entirely different thing, capitalism relates to free market an in free market FLOSS wins, as SCO find out and Microsoft is finding out on server market.

To bad that desktop market is not free market, but that will be fixed soon enough.
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RE: SCO says its claims not dead yet
i2fun@... 14th Jul 2010
@Jkirk3279 Kind of a Joke? You can't be serious about that! Almost the entire Mobile use some kind of Java. From Android, to RIM. Java applications are more widely distributed on mobiles than they ever were on Desktops and Mobile Phones out number desktops by a huge margin many times over!!!
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RE: SCO says its claims not dead yet
Boot_Agnostic 13th Jul 2010
@Linux Geek its not without possibility I'll give you, but you seem to never find any fault other than everything being MS, so you sympathetic audience reach seems quite limited by a history of your own bias. But that's your opinion to have, for all its worth.
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RE: SCO says its claims not dead yet
Normal_z 13th Jul 2010
@Linux Geek
It is not necessary to attribute to malice that which can be explained by incompetency alone
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RE: SCO says its claims not dead yet
Jkirk3279 13th Jul 2010
@Normal_z

The actual quote is "never attribute to malice what can be adequately explained by mere stupidity".

This, however, goes beyond the realm of the merely stupid.

It's 'divinely inspired stupid'.

In that, I agree with the OP, it's a lot like Spamalot.

If you saw people in real life acting out scenes from Spamalot, would you conclude they were crazy, or that they were being paid to act that way?
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RE: SCO says its claims not dead yet
Hemlock Stones 13th Jul 2010
@ replies to Linux Geek

Oh look, it's the three stooges. Try staying on topic boys.

SCO never had a case. They had already supplied this "evidence" in two courts of law and was laughed out of court by a judge and later by a jury. So who are the real paranoid, delusional, NBM, incompetents here ?
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SCO claimed that empty lines and #includes of system headers were literal copies of source from SysV.

Check it out: http://www.mcbride-law.com/wp-content/uploads/2010/07/Tab-331.pdf
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RE: SCO says its claims not dead yet
Loverock Davidson 13th Jul 2010
And to think I just found my old SCO shirt over the weekend happy I should put it up on ebay!
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RE: SCO says its claims not dead yet
ebrown@... 13th Jul 2010
Too bad they destroyed a fine company with fine products and left a customer base to find other solutions.
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RE: SCO says its claims not dead yet
DaveN_MVP 13th Jul 2010
@ebrown@... Our small business used Open Server until about 10 years ago. IMO SCO was arrogant, overpriced, and unresponsive. We were more than happy to move to Windows, which, say what you like, was less expensive, easier to operate, and had a much broader base of support resources.
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RE: SCO says its claims not dead yet
hito_kiri 14th Jul 2010
@DaveN_MVP

As much as I hate Microsoft and Windows, I don't blame you in the least bit. SCO is like the mentally challenged middle step child of Microsoft. No matter how many times they miss the ball and the umpire says "you're out" they just keep swinging...
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RE: SCO says its claims not dead yet
Beechcraft 13th Jul 2010
"Their case is worse than Bilski?s"

You don't get it, there is no case, there never was a case, only a bunch of corporate pirates looking to win the lawsuit lottery.
After three trials with verdicts against SCO every time, it's time for this madness to go away.
Darl and Kevin need to be sent away for a long time.
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It's just the stink
rarsa Updated - 13th Jul 2010
Remember that corpses keep stinking long after they are dead.
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RE: SCO says its claims not dead yet
Den2010 13th Jul 2010
Is it possible to just spike this sucker and put it out of our misery? How does one end what became a legal charade a long time ago, and free up the court system for more productive matters?

This whole thing reeks like a very bad zombie movie...
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RE: SCO says its claims not dead yet
SpankyFrost 13th Jul 2010
It's been a while since this issue hit the news, but didn't I read sometime a few years back that SCO's legal funds were traced to M$ friendly companies? Or was that just a bunch of trolls on here blabbing like the 3 stooges above? lol.
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RE: SCO says its claims not dead yet
Third of Five 13th Jul 2010
It really seems more like the Black Knight as long as we're in Monty Python territory.

The SCO Group had long ago crossed the line between "persistent" and "too damn stupid to know when they've been whooped"--at this point, they're at the "too far gone to care either way" stage.
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RE: SCO says its claims not dead yet
hito_kiri 14th Jul 2010
@Johnny R

As good an analogy as any.
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RE: SCO says its claims not dead yet
John Biles 13th Jul 2010
Who got the $$ Bill $$ for all this? Some poor bastard had to pay!! Hey Steve Balmer here's some new employees for you. They live in fantasy land also! LOL!
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RE: SCO says its claims not dead yet
hito_kiri 14th Jul 2010
@John Biles

LOL
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RE: SCO says its claims not dead yet
John Biles 13th Jul 2010
.ZZZZZZZZZZZZZZZZ!!
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SCO was crap and it always will be!
Gradius2 16th Jul 2010
I tested SCO back there, it was a nightmare, full of bugs, it crashed really EASY and ALL the time! It was a total CRAP product, and was amazing they managed to sell some copies and such absurd price!
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RE: SCO says its claims not dead yet
erik.soderquist 12th Apr 2011
@Gradius2

what version(s) did you work with? i worked with 3.2r4.2 and OpenServer 5, both were slow and inefficient, but rock solid stable. servers i deployed on OpenServer 5 had uptimes measured in years if they were on a decent UPS

i finally replaced OpenServer 5 with Linux when on the same hardware a proxy log processing script i'd written took 6 hours on Linux when it took 3-4 days on SCO OpenServer 5.

by "same hardware" i mean very literally the same exact hardware. i had a test box and made the slight modifications to the scripts to detect SCO or Linux and use the appropriate syntax so the same scripts could run correctly on either host and tested them on Linux. 6 hours. wiped and reloaded the test box with SCO to rule out the hardware being the differentiating factor. 3-4 days (depending which run, it varied, i ran it repeatedly over the course of a month). wiped and reloaded again with Linux, very reliable 6 hours. that was when i decided that all the SCO servers i was supporting were being replaced with Linux as soon as i could get applications ported.

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