Feeds

SCO lodges 'infringing' code with court

But we can't see it yet?

Secure remote control for conventional and virtual desktops

After two and a half years of waiting for the shoe to drop, the SCO Group has finally filed the evidence it alleges was misused by IBM, and incorporated into the Linux kernel, to a Utah court.

SCO lodged the five page document, which identifies 217 areas of concern, in compliance with an interim deadline on Friday; the company disclosed the fact to journalists late yesterday afternoon Mountain Time. However, the document remains under seal.

"We continue with discovery as we build on this submission and prepare for trial. A final disclosure will be made in December as directed by the court," SCO said in a statement.

"The numerosity and substantiality of the disclosures reflects the pervasive extent and sustained degree as to which IBM disclosed methods, concepts, and in many places, literal code, from Unix-derived technologies in order to enhance the ability of Linux to be used as a scalable and reliable operating system for business and as an alternative to proprietary Unix systems such as those licensed by SCO and others," SCO told CNET.

It's been a long strip tease. In August 2003, four months after SCO filed suit against IBM, the company showed lines of Linux source code it claimed were similar to, and derived from, Unix System V code to which SCO owned the IP rights. This turned out not to be the case, as the code had a common ancestor. It was source code for the Berkeley Packet Filter (BPF) which had been released under a BSD license, and SCO had copied that code into Unix System V. Meanwhile, the Linux BPF code was a clean room implementation.

SCO's IP claims have been strongly challenged by Novell, which signed certain System V assets over to SCO in 1996. Novell strongly disputes that SCO has a basis for litigation based on the 1996 agreement. ®

The essential guide to IT transformation

More from The Register

next story
The Return of BSOD: Does ANYONE trust Microsoft patches?
Sysadmins, you're either fighting fires or seen as incompetents now
China hopes home-grown OS will oust Microsoft
Doesn't much like Apple or Google, either
Microsoft refuses to nip 'Windows 9' unzip lip slip
Look at the shiny Windows 8.1, why can't you people talk about 8.1, sobs an exec somewhere
Linux turns 23 and Linus Torvalds celebrates as only he can
No, not with swearing, but by controlling the release cycle
This is how I set about making a fortune with my own startup
Would you leave your well-paid job to chase your dream?
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
Linux kernel devs made to finger their dongles before contributing code
Two-factor auth enabled for Kernel.org repositories
prev story

Whitepapers

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.
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.
Why and how to choose the right cloud vendor
The benefits of cloud-based storage in your processes. Eliminate onsite, disk-based backup and archiving in favor of cloud-based data protection.
Top 8 considerations to enable and simplify mobility
In this whitepaper learn how to successfully add mobile capabilities simply and cost effectively.
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?