-----BEGIN PGP SIGNED MESSAGE----- Hash: SHA1 I'm reposting this from the SUSE email list
> Received: from lists.suse.com (lists.suse.com [217.9.113.69]) > by redline.kinz.org (8.11.6/8.11.6) with SMTP id h589Zsf04979 > for <[EMAIL PROTECTED]>; Sun, 8 Jun 2003 05:35:56 -0400 > list-post: <mailto:[EMAIL PROTECTED]> > X-Message-Number-for-archive: 148844 > From: Curtis Rey <[EMAIL PROTECTED]> > Date: Sun, 8 Jun 2003 04:36:51 -0700 > > On Sunday 08 June 2003 03:14, James Mohr wrote: > > This is just too good to be true: > > > > [EMAIL PROTECTED]:/usr/src/linux> grep sco.com ./arch/i386/kernel/microcode.c > > * 1.0 16 Feb 2000, Tigran Aivazian <[EMAIL PROTECTED]> > > * 1.01 18 Feb 2000, Tigran Aivazian <[EMAIL PROTECTED]> > > * 1.02 21 Feb 2000, Tigran Aivazian <[EMAIL PROTECTED]> > > * 1.03 29 Feb 2000, Tigran Aivazian <[EMAIL PROTECTED]> > > > > Note the dates. This is "new" SCO. Intestingly enough, these are early > > 2000 and by 03 Aug 2000, he was listed as "Tigran Aivazian > > <[EMAIL PROTECTED]>". You might not think that it makes a difference. > > However, once at Veritas, he contributed code to ./fs/bfs/inode.c, > > ./fs/proc/kcore.c and ./net/socket.c. While at SCO he was in the > > "Escalations Research Group" for SCO UK. > > > > Also check out the "Linux Kernel 2.4 Internals". It's the *same* guy. ( > > Christoph Hellwig of caldera.de also contributed to this docment). > > So here we have a kernel expert who contributes code to the Linux kernel > > while still at SCO (things like "Tigran Aivazian : fixed "0.00 in > > /proc/uptime on SMP" bug."). He contributes a great deal to the Linux > > kernel. He posts to all sorts of kernel and other mailing lists (google > > his name). > > > > Now you are going to say that the **only** place the UNIX code could have > > possible come from is IBM. Hmmmm. Hmmmmm. Okay, the gun is not smoking, > > but in my opinion it is pretty warm. > > > > regards, > > > > jimmo > > Now the trick to it all. Once you find the associations with SCO > devs/personel that did contribs to anything coded in Linux, kernel and all. > Then you take what you have found and see what else these individual did > for SCO, BSD, Unix, Novell, etc, etc, etc.. > > The point being is this. Say the one of these guys not only contribute to > the Linux kernel, but also do work on SCO's Unix wares. This is especially > telling if any of the code done in both Unix and Linux dealt with the same > or similar stuff... Say, fs/inode work that is in both nix and the penguin. > Then it could be reasonably argued that this individual had working > knowledge of what worked in both and then the diferentiations would be a > matter of fineties and difficult to argue in terms of exclusion based on > licenses, contract, and "rights to access and use". > > It would be safe to say that he would also have discussed other matters > with the other devs (read non-SCO) and then given ideas or direction > related to his knowledge of coding for Unix to solve a problem for/with > another dev in Linux. This gets fairly convoluted and the clear definition > of IP infringement slips further into obscurity because the SCO dev freely > gave information and code to Linux. > > Once again, the contention of McBride is that IBM gave Unix code to Linux > developers, or IBM devs donated code during certain key moments in the > development cycle. McBrides wants to insist that this was done on the sly > or without proper permission. But, If said code was intrinsically common > knowledge to devs outside of IBM because a SCO dev mentions code methods, > theory, or actual documentations then McBride is essentially screwed. > > Once again. The key to keeping intellectual property is to restrict the > use, access, and even knowledge about it. If SCO didn't see fit to inform > their devs what was in and out of bounds, or better yet, didn't secure > documents, archives, tar files, etc, etc.... In otherwords Lock down the > code. Then it's highly questionable that someone used in an improper way. > You can't have it both ways, You can't argue that people are "stealing" > you code when your own developers are blabbing about or handing it out. > > Note. M$ doesn't give anyone "access" to source without very stringent > guidelines and restrictions. It is never put into a 3rd party ware unless > it's M$ approved and bought, paid, and signed for. Just think, If an M$ > dev was helping devolpers for a 2nd or 3rd party. What do you think would > be written into it? Not a weak statement about all rights reserved tied > into the GPL. It would be bound by a NDA, EULA, License, Term of Use, etc. > And let's not even think about an M$ dev contributing to a 3rd party > competing products (which is what SCO has now Labelled Linux). without the > permission of M$. The M$ dev would be out of a job, deep in debt to both > the lawers and M$ - because M$ would fire, sue, and blacklist him. > > SCO not only actively contributed the developers and code, But made no > efforts to restrict the use of it AFAICT- Not until they were about to go > belly up and decided to milk IBM for a buyout/tort settlement. > > It's beyond fishy and borders on outright fraudulent. I think the Linux > community should start a massive campaign to see what of SCO's is in Linux > and then find out how similar it is to Unix and I bet the common bond will > be the developers or fairly unrestricted access to Unix code and knowledge > via the SCO devs. It's especially damning if SCO devs posted Unix code > straight to the kernel CVS repos, or listed in a changelog as fix with > reference to said code that matched Unix code. This would be useful to > say the least. > > Like I said, U.S. Law states that once the owner lets the cat out of the > back, ownership is essentially a non-issue and it becomes common knowledge. > Intellectual property equates to a substantial amount of secrecy and > protective efforts. Fail there and it becomes all but an outright > non-issue. > > Cheers, Curtis. - -- Jeff Kinz, Open-PC, Emergent Research, Hudson, MA. [EMAIL PROTECTED] copyright 2003. Use is restricted. Any use is an acceptance of the offer at http://www.kinz.org/policy.html. 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