Topic: Is SME v.5 free from the "SCO vs IBM suit on Linux"

[Paul T.C.Fung]

Dear All,

After reading some of the info about the SCO vs IBM case, just feel that it is putting ¡§Linux¡¨ in a very danger position.

But after reading in detail, I come up with an idea, is SME 5.5 with 2.2.19 kernel free from this law suit ?

I know most of you may say the the 2.2 keanel is quit out of dated and have a bunch of problem, but still is seem to be free from this ¡§Case¡¨, as per the idea I got from the statement quoted below :.

====================================
SCO's IBM suit triples--seeks $3 billion

By Stephen Shankland
CNET News.com
June 17, 2003, 5:03 AM PT

¡K¡K¡K..
"As IBM executives know, a significant flaw of Linux is the inability and/or unwillingness of the Linux process manager, Linus Torvalds, to identify the intellectual property origins of contributed source code that comes in from those many different software developers. If source code is code copied from protected Unix code, there is no way for Linus Torvalds to identify that fact," the suit said. "As a result, a very significant amount of Unix protected code is currently found in Linux 2.4.x and Linux 2.5.x releases in violation of SCO's contractual rights and copyrights."

¡K¡K¡K¡K¡K¡K¡K¡K¡K..

The suit also adds illegal export issues stemming from the worldwide availability of open-source software. SCO claims IBM has breached its contract by making multiprocessor operating system technology available "for free distribution to anyone in the world," including residents of Cuba, Iran, Syria, North Korea and Libya, countries to which the United States controls exports. The open-source technology IBM released "can be used for encryption, scientific research and weapons research," the suit said.

SCO also detailed one element of technology that it asserts IBM copied, the Remote Copy Update (RCU) system, for relieving some memory bottlenecks on multiprocessor servers.

The amended complaint includes an IBM copyright on the RCU technology that names the an engineer as the author, with work "based on a Dynix/ptx implementation by Paul Mckenney (sic)." Dynix/ptx was Sequent's version of Unix for servers with multiple Intel processors.

It appears that RCU indeed stems from work in Dynix/ptx. In a paper on his Web site, IBM's Paul McKenney says RCU was included in Dynix/ptx in 1994. And the Linux Scalability Effort's Web site says that RCU patches are "based on original DYNIX/ptx code (released by IBM under GPL)"--the GPL referring to the General Public License that covers Linux. Torvalds accepted RCU into the Linux kernel in October 2002.
¡K¡K¡K¡K..

Full Story :
http://zdnet.com.com/2100-1104_2-1017965.html
====================================

If it is so, why not we just keep using the SME 5.5 version, and can sleep well without worrying the aftermate of this troublesom case¡K¡K.

??? Am I get it worng ???  Please comment, as I am not a lawer¡K¡K and are doubt with the impression I got¡K..

Best Regards,

Paul T.C.Fung

[steve]

look deeper and you will find that EVERY OS is in the sights of SCO.
even, potentially, microsoft, apple, sun, bsd, etc.....

[Dan Brown]

If you're seriously concerned, you really should seek legal counsel.  However, sticking with kernel 2.2 will not keep you free from SCO's latest version of their claims--they seem to be claiming rights to all unix-like OSs, with some suggestions that this means _all_ OSs.  There's another thread either here on on the general board with more info.

[iaz_AT_canada.com]

if you're really concerned about linux kernel and this funny fat corp. law suit don't worry my friend. The great Open-Source community has still another card to play: "HURD" from debian.

Have a look you might like it.

Beside IBM is too big and to rich to let SCO win this. In worse case scenario they buy them. If not IBM, Intel & AMD that only have access to MiddleWare & High-End Server (Clustter & GRIB) market with linux could do the job.

How many Unix Company do yoiu have today? They are buying each other. There is less Unix version today then ten years ago.

Sleep well and lets push for an "Open-Source World".

With free minds, more access to knowledge for everyone that's what is The Community is all about.

A la prochaine mon Ami.

[Paul T.C.Fung]

Thanks Issak,

After reading the HURD page (http://www.gnu.org/software/hurd/hurd.html), I feel much better, as when I read on more SCO news..... I can see the power of OpenSource may slowly be "Drying Out" by more and more tricks and trapes.......

I did agree many of the points pointed out by the page on OSI Position Paper on the SCO-vs.-IBM Complaint(http://www.opensource.org/sco-vs-ibm.html) but still I am not sure that : Will the truth out there rule ?  Law suit are just money game, there is not "Truth" in it.......  as I can see in many case that "Plays" in the US court......

I work for AT&T in Hong Kong in 1992 and see the System 5 falls......  I had work with SCO on some project in the later days around 1995, I know and can now remember the storys that told in the paper.  But still, I understand how the "Law" games works, it all give way to the super power of $$$$$.

But again, I can just hope that they will not put their "Finger" on this new born baby.......

But at lease, I feel very good for all the SME 5.5 with 2.2x kernel and will live with them for the very moment.  And start to read the HURD info fromnow on..... as the only silver lineing we can have by now.

Best Regards,

Paul T.C.Fung

[issak zmac]

Hi Paul,

Read This article By Robert X. Cringely:

http://www.pbs.org/cringely/pulpit/pulpit20030619.html



A la prochaine mon ami.

[Del]

It seems that Novell actually owns the copyright and patents to Unix V see here: http://www.novell.com/news/press/archive/2003/05/pr03033.html
Del

[andrew]

hahaha:-  http://ars.userfriendly.org/cartoons/?id=20030622Del wrote: