Feeds

SCO knew Linux doesn't infringe - memo

2002 audit gave kernel clean bill of health

  • alert
  • submit to reddit

Providing a secure and efficient Helpdesk

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

Internet Security Threat Report 2014

More from The Register

next story
Microsoft WINDOWS 10: Seven ATE Nine. Or Eight did really
Windows NEIN skipped, tech preview due out on Wednesday
Business is back, baby! Hasta la VISTA, Win 8... Oh, yeah, Windows 9
Forget touchscreen millennials, Microsoft goes for mouse crowd
Apple: SO sorry for the iOS 8.0.1 UPDATE BUNGLE HORROR
Apple kills 'upgrade'. Hey, Microsoft. You sure you want to be like these guys?
ARM gives Internet of Things a piece of its mind – the Cortex-M7
32-bit core packs some DSP for VIP IoT CPU LOL
Microsoft on the Threshold of a new name for Windows next week
Rebranded OS reportedly set to be flung open by Redmond
Lotus Notes inventor Ozzie invents app to talk to people on your phone
Imagine that. Startup floats with voice collab app for Win iPhone
'Google is NOT the gatekeeper to the web, as some claim'
Plus: 'Pretty sure iOS 8.0.2 will just turn the iPhone into a fax machine'
prev story

Whitepapers

Forging a new future with identity relationship management
Learn about ForgeRock's next generation IRM platform and how it is designed to empower CEOS's and enterprises to engage with consumers.
Storage capacity and performance optimization at Mizuno USA
Mizuno USA turn to Tegile storage technology to solve both their SAN and backup issues.
The next step in data security
With recent increased privacy concerns and computers becoming more powerful, the chance of hackers being able to crack smaller-sized RSA keys increases.
Security for virtualized datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.
A strategic approach to identity relationship management
ForgeRock commissioned Forrester to evaluate companies’ IAM practices and requirements when it comes to customer-facing scenarios versus employee-facing ones.