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Open Source Guru Picks Apart SCO Evidence.



By Timothy Prickett-Morgan

Bruce Perens, one of the defenders and evangelists of the open source community, has got his hands on the presentation that the SCO (The SCO Group, Lindon, UT, www.sco.com) A leading vendor of Unix operating systems for the x86 platform. SCO had also offered Linux, but abandoned the line in the spring of 2003. The SCO Group is the combination of two companies: Utah-based Caldera, Inc.  top brass was making last week at SCO Forum in Las Vegas.

Any lawsuit is a gamble, especially one pitting two headstrong technology companies against each other in a jury trial. So Lost Wages was probably as good a setting to divulge what SCO believes are some of the smoking guns.

Perens, as you can see from http://perens.com/SCO/SCOSlideShow.html, is not impressed by the code snippets that SCO rolled out to support its claims in the court of public opinion, which is the only place the SCO-IBM suit is going to be heard before the April 11, 2005 date the U.S. District Court in Utah has set.

By the way, according to Perens, SCO leaked the slideshow to the IDG IDG International Data Group
IDG Integrated Drive Generator
IDG Installation Design Guide
IDG Internet Discussion Group
IDG Inset Dielectric Guide
IDG International Dangerous Goods (mail, shipping) 
 News Service without an Non Disclosure Agreement (NDA (Non Disclosure Agreement) An agreement signed between two parties that have to disclose confidential information to each other in order to do business. In general, the NDA states why the information is being divulged and stipulates that it cannot be used for any ), which calls into question the whole idea that SCO has about doing due diligence with Unix code by not showing the objectionable code snippets to the public at large.

But all of this is beside the point. The real issue is the code snippets themselves, and Perens says that two of the allegedly copied code segments are not, in his analysis, code that belongs to SCO at all. Perens says in his analysis of the presentation that he expected SCO would put the best examples forward to illustrate where intellectual property was stolen.

"But I was easily able to determine that of the two examples, one isn't SCO's property at all, and the other is used in Linux under a valid license," Perens said in his own presentation covering SCO's presentation. "If this is the best SCO has to offer, they will lose."

The first example dealt with Berkeley Packet Filtering (BPF BPF Berkeley Packet Filter
BPF British Property Federation (UK)
BPF Bonnes Pratiques de Fabrication (Good Manufacturing Practice)
BPF British Plastics Federation
BPF Band-Pass Filter
), which is an implementation of Internet firewall software that was created at Lawrence Berkeley Laboratory using American tax dollars. He says further that BPF is a derivative work, based on a program called enet developed by Stanford University and Carnegie Mellon University Carnegie Mellon University, at Pittsburgh, Pa.; est. 1967 through the merger of the Carnegie Institute of Technology (founded 1900, opened 1905) and the Mellon Institute of Industrial Research (founded 1913). , two of the biggies in the Unix movement.

He says BPF was first shipped in BSD Unix 4.3, which was created by the University of California at Berkeley (body, education) University of California at Berkeley - (UCB)

See also Berzerkley, BSD.

http://berkeley.edu/.

Note to British and Commonwealth readers: that's /berk'lee/, not /bark'lee/ as in British Received Pronunciation.
 (which gives BSD (Berkeley Software Distribution) The software distribution facility of the Computer Systems Research Group (CSRG) of the University of California at Berkeley.  its name), and SCO later copied this code into Unix System V Unix System V - System V . The BSD license, says Perens, allows SCO to do this. But, he says, SCO doesn't own BPF, and has no right to prevent anyone, including the Linux community, from using it. Moreover, Perens says that the Linux implementation of BPF is not even BSD code, but a clean-room re-implementation of BPF by Linux developers lead by programmer Jay Schulist based on the documentation provided by BPF.

The other SCO code snippet Perens walks through had to do with memory allocation functions in Unix System V and Linux. He says there was, in fact, "an error in the Linux developer's process," specifically a programmer at SGI (SGI, Sunnyvale, CA, www.sgi.com) A manufacturer of workstations and servers, founded in 1982 by Jim Clark. The company was founded as Silicon Graphics, Inc., but changed to its acronym in 1999. , and he says while the Linux community had the legal right to this code, it didn't belong in Linux and was therefore removed.

According to the SCO slides, two-thirds of the new code added to Linux between the 2.2 kernel and 2.4 kernel releases, comprising 1.1 million lines of code The statements and instructions that a programmer writes when creating a program. One line of this "source code" may generate one machine instruction or several depending on the programming language. A line of code in assembly language is typically turned into one machine instruction.  in 1,549 files and touched by many of the Unix licensees (including IBM, SGI, and others). This is a pretty big claim, obviously. And Perens, after explaining the similarities between the SCO-IBM case and a lawsuit between AT&T Unix Systems Labs and the University of California The University of California has a combined student body of more than 191,000 students, over 1,340,000 living alumni, and a combined systemwide and campus endowment of just over $7.3 billion (8th largest in the United States).  and BSDi, which sold BSD Unix, in the early 1990s, brings that point home.

"Under SCO's theory," says Perens, "if any code created by a Unix licensee ever touches Unix, SCO owns that code from then on, and can deny its creator the right to make use of it for any other purpose. SCO's legal theory fails, because they ignore the fact that if a work doesn't contain some portion of SCO's copyrighted code, it is not a derived work."
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Publication:Computergram International
Geographic Code:1USA
Date:Aug 26, 2003
Words:683
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