Feeds

SCO knew Linux doesn't infringe - memo

2002 audit gave kernel clean bill of health

  • alert
  • submit to reddit

The smart choice: opportunity from uncertainty

SCO's CEO Darl McBride was told that the Linux kernel contained no SCO copyright code six months before the company issued its first lawsuit, a memo reveals.

An outside consultant Bob Swartz conducted the audit, and on August 13 2002 Caldera's Michael Davidson reported the results.

"At the end we found absolutely nothing. Ie no evidence of copyright infringement whatsoever," wrote Davidson.

"There is, indeed, a lot of code that is common between UNIX and Linux (all of the X Window system for example) but invariably it turned out that the common code was something that both we (SCO) and the Linux community had obtained (legitimately) from a third party," Davidson concluded.

SCO's insistence that Linux did infringe its IP formed the basis for subsequent licensing deals with Microsoft and Sun Microsystems, lawsuits against IBM, Novell and two Linux customers, and an investment push which netted over $30 million.

McBride subsequently claimed that, "we're finding cases where there is line-by-line code in the Linux kernel that is matching up to our UnixWare code," but SCO has failed to produce evidence that upholds the claim.

The memo had been referred to in court last September, but remained under seal. SCO has attempted to reposition the case as a contract dispute - but this doesn't exactly help.

Groklaw has the PDF and an ASCII version here. ®

Related stories

Linux lovers must wait until 2007 for SCO vs IBM showdown
Novell versus SCO will go to court
Ex-Sun VP guns for IP violations
Insiders reveal SCO's Monterey disarray

Designing a Defense for Mobile Applications

More from The Register

next story
HIDDEN packet sniffer spy tech in MILLIONS of iPhones, iPads – expert
Don't panic though – Apple's backdoor is not wide open to all, guru tells us
Do YOU work at Microsoft? Um. Are you SURE about that?
Nokia and marketing types first to get the bullet, says report
Microsoft takes on Chromebook with low-cost Windows laptops
Redmond's chief salesman: We're taking 'hard' decisions
Cheer up, Nokia fans. It can start making mobes again in 18 months
The real winner of the Nokia sale is *drumroll* ... Nokia
EU dons gloves, pokes Google's deals with Android mobe makers
El Reg cops a squint at investigatory letters
Chrome browser has been DRAINING PC batteries for YEARS
Google is only now fixing ancient, energy-sapping bug
Big Blue Apple: IBM to sell iPads, iPhones to enterprises
iOS/2 gear loaded with apps for big biz ... uh oh BlackBerry
prev story

Whitepapers

Seven Steps to Software Security
Seven practical steps you can begin to take today to secure your applications and prevent the damages a successful cyber-attack can cause.
Consolidation: The Foundation for IT Business Transformation
In this whitepaper learn how effective consolidation of IT and business resources can enable multiple, meaningful business benefits.
Designing a Defense for Mobile Applications
Learn about the various considerations for defending mobile applications - from the application architecture itself to the myriad testing technologies.
Build a business case: developing custom apps
Learn how to maximize the value of custom applications by accelerating and simplifying their development.
Consolidation: the foundation for IT and business transformation
In this whitepaper learn how effective consolidation of IT and business resources can enable multiple, meaningful business benefits.