Feeds

SCO knew Linux doesn't infringe - memo

2002 audit gave kernel clean bill of health

  • alert
  • submit to reddit

Boost IT visibility and business value

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

5 things you didn’t know about cloud backup

More from The Register

next story
Munich considers dumping Linux for ... GULP ... Windows!
Give a penguinista a hug, the Outlook's not good for open source's poster child
The Return of BSOD: Does ANYONE trust Microsoft patches?
Sysadmins, you're either fighting fires or seen as incompetents now
Intel's Raspberry Pi rival Galileo can now run Windows
Behold the Internet of Things. Wintel Things
Microsoft cries UNINSTALL in the wake of Blue Screens of Death™
Cache crash causes contained choloric calamity
Eat up Martha! Microsoft slings handwriting recog into OneNote on Android
Freehand input on non-Windows kit for the first time
Time to move away from Windows 7 ... whoa, whoa, who said anything about Windows 8?
Start migrating now to avoid another XPocalypse – Gartner
You'll find Yoda at the back of every IT conference
The piss always taking is he. Bastard the.
prev story

Whitepapers

5 things you didn’t know about cloud backup
IT departments are embracing cloud backup, but there’s a lot you need to know before choosing a service provider. Learn all the critical things you need to know.
Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Build a business case: developing custom apps
Learn how to maximize the value of custom applications by accelerating and simplifying their development.
Rethinking backup and recovery in the modern data center
Combining intelligence, operational analytics, and automation to enable efficient, data-driven IT organizations using the HP ABR approach.
Next gen security for virtualised datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.