22
Sun, Dec
3 New Articles
  1. You are here:  
  2. Home
  3. MORE
  4. Commentary
  5. Commentary
  6. Bowling for Linux: AT&T Reaches Out as Artifact Trounces SCO Claim

Bowling for Linux: AT&T Reaches Out as Artifact Trounces SCO Claim

Commentary
Typography
  • Smaller Small Medium Big Bigger
  • Default Helvetica Segoe Georgia Times

It's just weeks before IBM's annual PartnerWorld event in Las Vegas, and IBM Business Partners are still guessing about the outcome of SCO Group's $3 billion Linux lawsuit against IBM. Will IBM succeed in defending itself? Will Linux continue to grow as an accepted enterprise-level operating system? What about all those lawsuits that SCO Group threatened against users of Linux? Are users getting sued? What should IBM Business Partners be pushing through 2004?

Bowling for Linux--What's Been Going On?

If you've been reading the "Bowling for Linux" series of articles published here over the last year, you already know the stakes for IBM. IBM is counting on Linux--not only for balancing out the influence of Microsoft's Windows servers, but to provide integration and open-source technology to all of its hardware and software offerings. From IBM's perspective, its On Demand computing initiatives require the use of software based on open standards: Linux is a linchpin by which many of the corporation's strategies are connected.

Yet last year, SCO Group filed a massive lawsuit against IBM claiming that IBM had stolen code from SCO's UNIX operating system and inappropriately distributed that code into the Linux developer community. At first, SCO just wanted $1 billion in damages, but later it upped the complaint to $3 billion and is considering widening its complaint.

In addition, SCO said it would sue users of the Linux operating system unless they purchased a license for UNIX--even if the users had no need of UNIX.

IBM has countersued, the Linux community has been in an uproar, and the opening salvo of the legal trail against IBM is scheduled to begin in April.

AT&T Reaches Out Across 20 Years

But new evidence has recently surfaced that AT&T--the organization that originally sold Novell the rights to UNIX--gave blanket permission to its customers to enhance the code without restrictions. Novell subsequently sold its UNIX business to SCO Group in 1995.

According to reports circulating in a variety of Linux newsgroups, on February 6, 2004, Novell unearthed an ancient newsletter published in 1985 by AT&T--10 years before SCO Group obtained UNIX. The newsletter, called $ echo, and was a publication created by AT&T for its UNIX licensees. Those licensees included IBM, Sun Microsystems, and HP among others.

In the publication, AT&T stated that it wanted "to assure licensees that AT&T will claim no ownership in the software that they developed--only the portion of the software developed by AT&T."

UNIX Derivatives Developed

Subsequently, IBM, Sun, and HP all created their own versions of UNIX--based upon the AT&T source code--to maximize the performance of the hardware systems they were manufacturing. IBM created the AIX operating system, which powered the RS6000 and which powers the pSeries today. Sun OS and HP UX were other versions of UNIX that were marketed by the respected licensees. Each vendor poured hundreds of thousands of man-hours into enhancing the operating system. These derivations were never claimed by AT&T and were not considered to be in violation of the original UNIX license.

Still, Sun and HP, unlike IBM, bought out their UNIX licenses from SCO Group after SCO purchased the rights to UNIX from Novell in 1995. IBM, by comparison, continued to maintain its license agreement--paying a substantial license fee--after the sale. IBM chose not to buy out the license because it could not come to terms with SCO Group.

SCO Bowls for Linux

IBM says that when it began contributing code to the Linux operating system, it kept a strict boundary between the code originally created for AIX and the code it was developing for contribution to the Linux operating system.

Nonetheless, SCO Group saw IBM's backing of Linux as an opportunity to lay a legal claim of intellectual property on the entire Linux operating system. It saw that by using IBM's UNIX license as a shill, it could either force IBM to the bargaining table or claim ownership of Linux itself. Its tactic was to proclaim that IBM copied large sections of UNIX code--pirated the code--and directly exported it into Linux.

For months, IBM demanded to know precisely what SCO thought was pirated. But SCO refused to reveal the code itself, claiming that by doing so, IBM would tamper with the evidence and erase its guilt.

Later, however, SCO Group backed away from its claims of outright pirating. Today, it is basing its complaint upon the legal concept of "derivative works." This claim states--in essence--that because IBM had a copy of the UNIX source code in-house, it is a copyright infringement to develop and distribute Linux without obtaining a license to do so. Why? Because, according to SCO, Linux is a "derivation" of UNIX.

Is the AT&T Newsletter Real Evidence?

Yet, if the ancient AT&T newsletter is admitted into trial as evidence, the entire legal house of cards that SCO Group has constructed could collapse. Novell--in several press releases--has already stated that it never sold the derivative rights of UNIX because it did not believe it had ever owned such rights. However, what's been missing from that argument is an indication of what AT&T's initial stance might have been.

Of course, a newsletter dated nearly 20 years ago is not a legal contract. Nonetheless, if AT&T's intent back in 1985 was to "distribute" UNIX openly without restraint upon derivative works, the onus will be upon SCO Group to prove how those intentions were altered legally 10 years later through its acquisition of the source code. And that will prove to be an extremely tricky legal argument to deliver.

Thomas M. Stockwell is Editor in Chief of MC Press, LP.

BLOG COMMENTS POWERED BY DISQUS

LATEST COMMENTS

Support MC Press Online

$

Book Reviews

Resource Center

  • SB Profound WC 5536 Have you been wondering about Node.js? Our free Node.js Webinar Series takes you from total beginner to creating a fully-functional IBM i Node.js business application. You can find Part 1 here. In Part 2 of our free Node.js Webinar Series, Brian May teaches you the different tooling options available for writing code, debugging, and using Git for version control. Brian will briefly discuss the different tools available, and demonstrate his preferred setup for Node development on IBM i or any platform. Attend this webinar to learn:

  • SB Profound WP 5539More than ever, there is a demand for IT to deliver innovation. Your IBM i has been an essential part of your business operations for years. However, your organization may struggle to maintain the current system and implement new projects. The thousands of customers we've worked with and surveyed state that expectations regarding the digital footprint and vision of the company are not aligned with the current IT environment.

  • SB HelpSystems ROBOT Generic IBM announced the E1080 servers using the latest Power10 processor in September 2021. The most powerful processor from IBM to date, Power10 is designed to handle the demands of doing business in today’s high-tech atmosphere, including running cloud applications, supporting big data, and managing AI workloads. But what does Power10 mean for your data center? In this recorded webinar, IBMers Dan Sundt and Dylan Boday join IBM Power Champion Tom Huntington for a discussion on why Power10 technology is the right strategic investment if you run IBM i, AIX, or Linux. In this action-packed hour, Tom will share trends from the IBM i and AIX user communities while Dan and Dylan dive into the tech specs for key hardware, including:

  • Magic MarkTRY the one package that solves all your document design and printing challenges on all your platforms. Produce bar code labels, electronic forms, ad hoc reports, and RFID tags – without programming! MarkMagic is the only document design and print solution that combines report writing, WYSIWYG label and forms design, and conditional printing in one integrated product. Make sure your data survives when catastrophe hits. Request your trial now!  Request Now.

  • SB HelpSystems ROBOT GenericForms of ransomware has been around for over 30 years, and with more and more organizations suffering attacks each year, it continues to endure. What has made ransomware such a durable threat and what is the best way to combat it? In order to prevent ransomware, organizations must first understand how it works.

  • SB HelpSystems ROBOT GenericIT security is a top priority for businesses around the world, but most IBM i pros don’t know where to begin—and most cybersecurity experts don’t know IBM i. In this session, Robin Tatam explores the business impact of lax IBM i security, the top vulnerabilities putting IBM i at risk, and the steps you can take to protect your organization. If you’re looking to avoid unexpected downtime or corrupted data, you don’t want to miss this session.

  • SB HelpSystems ROBOT GenericCan you trust all of your users all of the time? A typical end user receives 16 malicious emails each month, but only 17 percent of these phishing campaigns are reported to IT. Once an attack is underway, most organizations won’t discover the breach until six months later. A staggering amount of damage can occur in that time. Despite these risks, 93 percent of organizations are leaving their IBM i systems vulnerable to cybercrime. In this on-demand webinar, IBM i security experts Robin Tatam and Sandi Moore will reveal:

  • FORTRA Disaster protection is vital to every business. Yet, it often consists of patched together procedures that are prone to error. From automatic backups to data encryption to media management, Robot automates the routine (yet often complex) tasks of iSeries backup and recovery, saving you time and money and making the process safer and more reliable. Automate your backups with the Robot Backup and Recovery Solution. Key features include:

  • FORTRAManaging messages on your IBM i can be more than a full-time job if you have to do it manually. Messages need a response and resources must be monitored—often over multiple systems and across platforms. How can you be sure you won’t miss important system events? Automate your message center with the Robot Message Management Solution. Key features include:

  • FORTRAThe thought of printing, distributing, and storing iSeries reports manually may reduce you to tears. Paper and labor costs associated with report generation can spiral out of control. Mountains of paper threaten to swamp your files. Robot automates report bursting, distribution, bundling, and archiving, and offers secure, selective online report viewing. Manage your reports with the Robot Report Management Solution. Key features include:

  • FORTRAFor over 30 years, Robot has been a leader in systems management for IBM i. With batch job creation and scheduling at its core, the Robot Job Scheduling Solution reduces the opportunity for human error and helps you maintain service levels, automating even the biggest, most complex runbooks. Manage your job schedule with the Robot Job Scheduling Solution. Key features include:

  • LANSA Business users want new applications now. Market and regulatory pressures require faster application updates and delivery into production. Your IBM i developers may be approaching retirement, and you see no sure way to fill their positions with experienced developers. In addition, you may be caught between maintaining your existing applications and the uncertainty of moving to something new.

  • LANSAWhen it comes to creating your business applications, there are hundreds of coding platforms and programming languages to choose from. These options range from very complex traditional programming languages to Low-Code platforms where sometimes no traditional coding experience is needed. Download our whitepaper, The Power of Writing Code in a Low-Code Solution, and:

  • LANSASupply Chain is becoming increasingly complex and unpredictable. From raw materials for manufacturing to food supply chains, the journey from source to production to delivery to consumers is marred with inefficiencies, manual processes, shortages, recalls, counterfeits, and scandals. In this webinar, we discuss how:

  • The MC Resource Centers bring you the widest selection of white papers, trial software, and on-demand webcasts for you to choose from. >> Review the list of White Papers, Trial Software or On-Demand Webcast at the MC Press Resource Center. >> Add the items to yru Cart and complet he checkout process and submit

  • Profound Logic Have you been wondering about Node.js? Our free Node.js Webinar Series takes you from total beginner to creating a fully-functional IBM i Node.js business application.

  • SB Profound WC 5536Join us for this hour-long webcast that will explore:

  • Fortra IT managers hoping to find new IBM i talent are discovering that the pool of experienced RPG programmers and operators or administrators with intimate knowledge of the operating system and the applications that run on it is small. This begs the question: How will you manage the platform that supports such a big part of your business? This guide offers strategies and software suggestions to help you plan IT staffing and resources and smooth the transition after your AS/400 talent retires. Read on to learn: