SCO GROUP V. IBM: the FUTURE of OPEN-SOURCE SOFTWARE
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The Strange Birth and Long Life of Unix - IEEE Spectrum Page 1 of 6
The Strange Birth and Long Life of Unix - IEEE Spectrum Page 1 of 6 COMPUTING / SOFTWARE FEATURE The Strange Birth and Long Life of Unix The classic operating system turns 40, and its progeny abound By WARREN TOOMEY / DECEMBER 2011 They say that when one door closes on you, another opens. People generally offer this bit of wisdom just to lend some solace after a misfortune. But sometimes it's actually true. It certainly was for Ken Thompson and the late Dennis Ritchie, two of the greats of 20th-century information technology, when they created the Unix operating system, now considered one of the most inspiring and influential pieces of software ever written. A door had slammed shut for Thompson and Ritchie in March of 1969, when their employer, the American Telephone & Telegraph Co., withdrew from a collaborative project with the Photo: Alcatel-Lucent Massachusetts Institute of KEY FIGURES: Ken Thompson [seated] types as Dennis Ritchie looks on in 1972, shortly Technology and General Electric after they and their Bell Labs colleagues invented Unix. to create an interactive time- sharing system called Multics, which stood for "Multiplexed Information and Computing Service." Time-sharing, a technique that lets multiple people use a single computer simultaneously, had been invented only a decade earlier. Multics was to combine time-sharing with other technological advances of the era, allowing users to phone a computer from remote terminals and then read e -mail, edit documents, run calculations, and so forth. It was to be a great leap forward from the way computers were mostly being used, with people tediously preparing and submitting batch jobs on punch cards to be run one by one. -
The Strange Birth and Long Life of Unix - IEEE Spectrum
The Strange Birth and Long Life of Unix - IEEE Spectrum http://spectrum.ieee.org/computing/software/the-strange-birth-and-long-li... COMPUTING / SOFTWARE FEATURE The Strange Birth and Long Life of Unix The classic operating system turns 40, and its progeny abound By WARREN TOOMEY / DECEMBER 2011 They say that when one door closes on you, another opens. People generally offer this bit of wisdom just to lend some solace after a misfortune. But sometimes it's actually true. It certainly was for Ken Thompson and the late Dennis Ritchie, two of the greats of 20th-century information technology, when they created the Unix operating system, now considered one of the most inspiring and influential pieces of software ever written. A door had slammed shut for Thompson and Ritchie in March of 1969, when their employer, the American Telephone & Telegraph Co., withdrew from a collaborative project with the Photo: Alcatel-Lucent Massachusetts Institute of KEY FIGURES: Ken Thompson [seated] types as Dennis Ritchie looks on in 1972, shortly Technology and General Electric after they and their Bell Labs colleagues invented Unix. to create an interactive time-sharing system called Multics, which stood for "Multiplexed Information and Computing Service." Time-sharing, a technique that lets multiple people use a single computer simultaneously, had been invented only a decade earlier. Multics was to combine time-sharing with other technological advances of the era, allowing users to phone a computer from remote terminals and then read e-mail, edit documents, run calculations, and so forth. It was to be a great leap forward from the way computers were mostly being used, with people tediously preparing and submitting batch jobs on punch cards to be run one by one. -
Open Source Legal Risk Management in the Enterprise, Version 1.2 - 2 of 7
Open Source Legal Risk Management in the Enterprise, Version 1.2 OPTAROS WHITE PAPER Realize the Benefits of Open Source Open Source Legal Risk Management in the Enterprise, Version 1.2 - 2 of 7 Table of Contents Introduction ..................................................................................................................................... 2 SCO Group vs. IBM............................................................................................................................ 2 License Management and Compliance .................................................................................................. 3 Patents and Property ......................................................................................................................... 4 Indemnification and Insurance ............................................................................................................ 5 Summary......................................................................................................................................... 6 About the Author Stephen Walli........................................................................................................... 7 About Optaros .................................................................................................................................. 7 Introduction There is sometimes confusion about how legally risky using free and open source software (FOSS) can be in the enterprise. These concerns center around: ♦ the SCO Group vs. IBM lawsuit, ♦ -
'Freeware' Programs - WSJ
4/24/2021 Linux Lawsuit Could Undercut Other 'Freeware' Programs - WSJ This copy is for your personal, non-commercial use only. To order presentation-ready copies for distribution to your colleagues, clients or customers visit https://www.djreprints.com. https://www.wsj.com/articles/SB106081595219055800 Linux Lawsuit Could Undercut Other 'Freeware' Programs By William M. BulkeleyStaff Reporter of THE WALL STREET JOURNAL Aug. 14, 2003 1159 pm ET (See Corrections & Amplifications item below.) To many observers, tiny SCO Group Inc.'s $3 billion copyright-infringement lawsuit against International Business Machines Corp., and SCO's related demands for stiff license fees from hundreds of users of the free Linux software, seem like little more than a financial shakedown. But the early legal maneuverings in the suit suggest the impact could be far broader. For the first time, the suit promises to test the legal underpinnings that have allowed free software such as Linux to become a potent challenge to programs made by Microsoft Corp. and others. Depending on the outcome, the suit could strengthen or drastically weaken the free-software juggernaut. The reason: In filing its legal response to the suit last week, IBM relied on an obscure software license that undergirds most of the free-software industry. Called the General Public License, or GPL, it requires that the software it covers, and derivative works as well, may be copied by anyone, free of charge. IBM's argument is that SCO, in effect, "signed" this license by distributing Linux for years, and therefore can't now turn around and demand fees. -
Kratka Povijest Unixa Od Unicsa Do Freebsda I Linuxa
Kratka povijest UNIXa Od UNICSa do FreeBSDa i Linuxa 1 Autor: Hrvoje Horvat Naslov: Kratka povijest UNIXa - Od UNICSa do FreeBSDa i Linuxa Licenca i prava korištenja: Svi imaju pravo koristiti, mijenjati, kopirati i štampati (printati) knjigu, prema pravilima GNU GPL licence. Mjesto i godina izdavanja: Osijek, 2017 ISBN: 978-953-59438-0-8 (PDF-online) URL publikacije (PDF): https://www.opensource-osijek.org/knjige/Kratka povijest UNIXa - Od UNICSa do FreeBSDa i Linuxa.pdf ISBN: 978-953- 59438-1- 5 (HTML-online) DokuWiki URL (HTML): https://www.opensource-osijek.org/dokuwiki/wiki:knjige:kratka-povijest- unixa Verzija publikacije : 1.0 Nakalada : Vlastita naklada Uz pravo svakoga na vlastito štampanje (printanje), prema pravilima GNU GPL licence. Ova knjiga je napisana unutar inicijative Open Source Osijek: https://www.opensource-osijek.org Inicijativa Open Source Osijek je član udruge Osijek Software City: http://softwarecity.hr/ UNIX je registrirano i zaštićeno ime od strane tvrtke X/Open (Open Group). FreeBSD i FreeBSD logo su registrirani i zaštićeni od strane FreeBSD Foundation. Imena i logo : Apple, Mac, Macintosh, iOS i Mac OS su registrirani i zaštićeni od strane tvrtke Apple Computer. Ime i logo IBM i AIX su registrirani i zaštićeni od strane tvrtke International Business Machines Corporation. IEEE, POSIX i 802 registrirani i zaštićeni od strane instituta Institute of Electrical and Electronics Engineers. Ime Linux je registrirano i zaštićeno od strane Linusa Torvaldsa u Sjedinjenim Američkim Državama. Ime i logo : Sun, Sun Microsystems, SunOS, Solaris i Java su registrirani i zaštićeni od strane tvrtke Sun Microsystems, sada u vlasništvu tvrtke Oracle. Ime i logo Oracle su u vlasništvu tvrtke Oracle. -
SCO to Attack Validity of Linux Licence SCO's Strategy for Its Lawsuit Against IBM Could Destroy the Legal Foundation of Linux and Related Software
MENU ● US MUST READ: New Windows 10 feature could improve your battery life and stop that annoying fan noise, too SCO to attack validity of Linux licence SCO's strategy for its lawsuit against IBM could destroy the legal foundation of Linux and related software By Matthew Broersma | August 15, 2003 -- 13:50 GMT (06:50 PDT) | Topic: Government : UK SCO Group is planning to argue in its court battle against IBM that the General Public License (GPL) covering Linux and other open-source software is invalid, according to a report. SCO, owner of several key copyrights related to the Unix operating system, has been aggressively defending its intellectual property holdings connected to Unix System V, and filed a $3bn (£1.87bn) lawsuit against IBM earlier this year. The suit claims that IBM has committed trade-secret theft and breach of contract for allegedly copying proprietary Unix source code into its Linux-based products. IBM's defence will partly rest on the argument that SCO distributed its own version of Linux for many years, containing the allegedly infringing code, and that by this action effectively placed the code in question under the GPL. SCO is planning to respond that the GPL itself is invalid, SCO's lead attorney, Mark Heise of Boies Schiller & Flexner, told the Wall Street Journal in a report on Thursday. If SCO is successful, its lawsuit would undermine the legal basis for Linux and much other open-source software, although the open-source community has prepared an alternative licence that could be used by Linux if the GPL is invalidated. -
SCO Unixware®
SCO_UW7.1.3_Broch_Let2.qxd 5/28/03 4:45 PM Page 1 UNIXWARE 7 TECHNICAL SPECIFICATIONS LEGEND: 0=Optional services (add-on); ✔=Included in edition; +=Configuration upgrade option; *=New in Release 7.1.3; **=Changed/upgraded in Release 7.1.3 EDITION (OPERATING SYSTEM) BASE BUSINESS DEPARTMENTAL ENTERPRISE DATA CENTER SVR5 SMP kernel** ✔✔ ✔ ✔ ✔ User Licenses 15 25 50 150 User License Upgrades: 10/25/100/500 cumulative and unlimited + + + + + ® Processors 11 2 4 8 SCO UnixWare Processor Upgrades: 1 CPU (cumulative) + + + + + Maximum Main Memory 1GB 4GB 4GB 16GB 32GB PERFORMANCE Main Memory Upgrades: 4GB/16GB/32GB/64GB (maximums) + + + + + General Purpose Memory Support up to 16GB ✔✔ ✔ ✔ ✔ Standards: UNIX 95, XPG4.2, SVID 4.2, POSIX 1003.1, ✔✔ ✔ ✔ ✔ 1003.2, FIPS-151-2 and designed to meet C2 Security Linux Kernel Personality (LKP)** ✔✔ ✔ ✔ ✔ ✔✔ ✔ ✔ ✔ Event Logging (w/SQL support) UnixWare 7.1.3 is the successor release of Open UNIX® 8 and marks the return Desktop Management Interface (DMI) ✔✔ ✔ ✔ ✔ Bootable CD-ROM Support** ✔✔ ✔ ✔ ✔ of the UnixWare brand name as the premier UNIX Operating System for Intel® USB 2.0 and 1.1 Support* ✔✔ ✔ ✔ ✔ Support for Uniform Driver Interface (UDI) Version 1.0.1** ✔✔ ✔ ✔ ✔ Architecture and AMD processor servers. While the name of the release after Hot Plug PCI, MultiPath I/O, I2O, PCMCIA, ✔✔ ✔ ✔ ✔ Hot Plug CPU and Hot Add Memory ✔✔ ✔ ✔ ✔ UnixWare 7.1.1 was changed to Open UNIX 8 it was really UnixWare 7.1.2 inside. Network Install ✔✔ ✔ ✔ ✔ DocView Online Documentation System* ✔✔ ✔ ✔ ✔ Bundled Base 56 Bit Encryption Support ✔✔ ✔ ✔ ✔ Beginning with UnixWare 7.1.3, SCO Update Service is available for UnixWare. -
Utah State Bar No. 10060; Email: [email protected]) David R
WORKMAN | NYDEGGER A PROFESSIONAL CORPORATION Sterling A. Brennan (Utah State Bar No. 10060; Email: [email protected]) David R. Wright (Utah State Bar No. 5164; Email: [email protected]) Kirk R. Harris (Utah State Bar No. 10221; Email: [email protected]) Cara J. Baldwin (Utah State Bar No. 11863; Email: [email protected]) 1000 Eagle Gate Tower 60 E. South Temple Salt Lake City, UT 84111 Telephone: (801) 533-9800 Facsimile: (801) 328-1707 MORRISON & FOERSTER LLP Michael A. Jacobs (Admitted Pro Hac Vice; Email: [email protected]) Eric M. Acker (Admitted Pro Hac Vice; Email: [email protected]) Grant L. Kim (Admitted Pro Hac Vice; Email: [email protected]) Daniel P. Muino (Admitted Pro Hac Vice; Email: [email protected]) 425 Market Street San Francisco, CA 94105-2482 Telephone: (415) 268-7000 Facsimile: (415) 268-7522 Attorneys for Defendant and Counterclaim-Plaintiff Novell, Inc. IN THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH, CENTRAL DIVISION THE SCO GROUP, INC., a Delaware Case No. 2:04CV00139 corporation, NOVELL’S OPPOSITION TO SCO’S Plaintiff, RENEWED MOTION FOR JUDGMENT AS A MATTER OF v. LAW OR A NEW TRIAL NOVELL, INC., a Delaware corporation, Judge Ted Stewart Defendant. AND RELATED COUNTERCLAIMS. TABLE OF CONTENTS Page I. INTRODUCTION..............................................................................................................1 II. SCO IS NOT ENTITLED TO JUDGMENT AS A MATTER OF LAW .........................3 A. Legal Standard........................................................................................................3 B. The Jury’s Verdict That the Amended Asset Purchase Agreement Did Not Transfer Copyright Ownership Is Reasonable and Supported by the Evidence.................................................................................................................3 1. The Asset Purchase Agreement Established That Santa Cruz Was Novell’s Agent. -
MEMORANDUM in Support Re 657 MOTION for Daubert Hearing To
SCO Grp v. Novell Inc Doc. 658 Att. 1 EXHIBIT A Dockets.Justia.com Brent O. Hatch (5715) Stephen N. Zack (admitted pro hac vice) Mark F. James (5295) BOIES, SCHILLER & FLEXNER LLP HATCH, JAMES & DODGE, PC Bank ofAmerica Tower - Suite 2800 10 West Broadway, Suite 400 100 Southeast Second Street Salt Lake City, Utah 84101 Miami, Florida 33131 Telephone: (801) 363-6363 Telephone: (305) 539-8400 Facsimile: (801) 363-6666 Facsimile: (305) 539-1307 David Boies (admitted pro hac vice) Robert Silver (admitted pro hac vice) Stuart Singer (admitted pro hac vice) Edward Normand (admitted pro hac vice) BOIES, SCHILLER & FLEXNER LLP BOIES, SCHILLER & FLEXNER LLP 401 East Las Olas Blvd. 333 Main Street Suite 1200 Armonk, New York 10504 Fort Lauderdale, FL 33301 Telephone: (914) 749-8200 Telephone: (954) 356-0011 Facsimile: (914) 749-8300 Facsimile: (954) 356-0022 Devan V. Padmanabhan (admitted pro hac vice) DORSEY & WHITNEY LLP 50 South Sixth Street, Suite 1500 Minneapolis, Minnesota 55402 Telephone: (612) 340-2600 Facsimile: (612) 340-2868 Attorneysfor Plaintiff, The SeQ Group, Inc. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH THE SCO GROUP, INC., EXPERT REPORT AND a Delaware corporation, DECLARATION OF GARY PISANO Plaintiff/Counterclaim-Defendant, Civil No.: 2:04CV00139 vs. Judge Dale A. Kimball Magistrate Brooke C. Wells NOVELL, INC., a Delaware corporation, Defendant/Counterclaim-Plaintiff. DECLARAnON AND EXPERT REPORT OF GARY PISANO IN THE UNITED STATES DISTRICT COURT 1 I. ASSIGNMENT 2 II. QUALIFICATIONS 3 III. SUMMARY OF CONCLUSIONS 4 IV. BACKGROUND 5 A. The Evolution ofUNIX 5 B. SCO's Relationship with UNIX 7 C. -
Comparing C Code Trees
Comparing C Code Trees Dr. Warren Toomey, School of IT [email protected] This seminar will summarise the current state of the lawsuit that SCO has brought against IBM for breaches of contract and alleged transfer of UNIX source code into the Linux kernel. We will also examine how to construct tools for comparing two distinct trees of C code. Comparing C Code Trees – p.1/25 Where This All Began – Part One 1970s: UNIX created in AT&T's Bell Labs. AT&T unable to sell UNIX. Universities able to obtain licenses to modify code. 1980s: AT&T creates independent USL to sell System V UNIX. Source and binary licenses available. Various 3rd party Unices (Solaris, AIX, Ultrix), as well as the BSD branch from Berkeley. 1990s: BSD releases Net/2. Later, USL sues BSDi and UCB for 32V license violation. Settled out of court when Novell buys USL. Same time: Linus Torvalds develops Linux kernel which has no UNIX source code legacy. BSDs miss out due to legal cloud. Comparing C Code Trees – p.2/25 Where This All Began – Part Two Novell renames System V to Unixware. System V begins to show its age. Sun manages to keep improving Solaris. Ditto for IBM's AIX. The Santa Cruz Operation buys Unixware from Novell, renames as SCO Unixware. Linux improves in leaps and bounds from individuals & companies like IBM, SGI, Caldera etc. Caldera merges with SCO to get sales channels. Must support legacy UNIX code as well. SCO/Caldera renames itself as the SCO Group, not the Santa Cruz Operation. -
SCO's Big Legal Gun Takes Aim Attorney Mark Heise Is Leading the Company's Battle Against IBM--A Legal Case He Says May Redefine the Direction of the Software Industry
New In Dresses Ad by URBAN OUTFITTERS See More Johnson & Johnson vaccine Mortal Kombat review Quiplash is free AirTags Falcon and Winter Soldier finale COVID-19 BEST REVIEWS NEWS HOW TO HOME CARS DEALS 5G J O I N / S I G N I N SCO's big legal gun takes aim Attorney Mark Heise is leading the company's battle against IBM--a legal case he says may redefine the direction of the software industry. Aug. 21, 2003 12:32 p.m. PT 0 Instead of talking up new products, SCO Group executives devoted the bulk of their presentations at this week's SCO Forum to the fight against Linux. And for good reason. The company sued IBM in March, saying it illegally contributed some of SCO's licensed Unix code to Linux. Since then, SCO has been making a major business out of intellectual property enforcement, which happens to be the company's fastest-growing revenue generator. SCO's lawsuit has excited no small degree of controversy. Critics say the company is trying to shake down Linux users and that it does not have any legal basis for its claims. So in a bid to clarify its case both to customers and detractors, the company showed the disputed code to some attendees at the SCO Forum, its annual user conference that took place this week in Las Vegas. But that step did anything but lower the temperature. Shortly after making the offer to let outsiders examine the code, members of the Linux community blasted SCO, saying the code was originally covered under a public license that allows it to be shared. -
1 State of Michigan in the Circuit Court for The
____________________________________________________________________ STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF OAKLAND ___________________________________________________ THE SCO GROUP, INC., a Delaware corporation, COMPLAINT AND JURY Plaintiff, DEMAND vs. Case No. 04- -CK DAIMLERCHRYSLER CORPORATION, a Delaware corporation, Defendant. _________________________________________________________________________ BARRY M. ROSENBAUM (P26487) Attorney for Plaintiff 2000 Town Center, Suite 1500 Southfield, MI 48075 (248) 353-7620 _________________________________________________________________________ NOW COMES Plaintiff, The SCO Group, Inc. (“SCO”) by and through its attorneys, Seyburn, Kahn, Ginn, Bess & Serlin, P.C., and Boies, Schiller & Flexner LLP, and for its Complaint against Defendant DaimlerChrysler Corporation (“DC”) alleges as follows: Introduction 1. SCO is the exclusive licensor of software licenses for the UNIX operating system. These software licenses are agreements that restrict the permitted use of the UNIX operating system. To help insure compliance with the restrictions on such permitted use, the licenses include a monitoring and reporting mechanism designed to detect (and thus deter) violations of those agreed limits. Specifically, the licenses require 1 licensees to certify their compliance with those restrictions. Like all provisions in the license, these reporting and monitoring provisions exist only because they have been agreed to by the licensee. 2. SCO has requested that DC provide the contractually required certification that DC is complying with the terms of its UNIX technology license. SCO has thus asked DC to certify--as contractually it must-- that its use of UNIX technology is within the agreed parameters of permitted use established by the license. 3. DC agreed to and accepted the terms of its UNIX license. DC has received very substantial benefits as a result of entering that license and DC has never challenged the validity of that license.