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SCO Claims Ownership of ELF To Court 227

l2718 writes "In the most recent punch-counterpunch of the SCO v. IBM case, IBM is claiming that SCO is trying to vastly expand their claims beyond what they alleged in their list of material allegedly misused by IBM filed last December, using their expert reports. For example, two years ago we covered SCO's claim to own ELF, the main executable format of Linux. Apparently they are have finally made the same claim to a court of law, after the deadline for making such claims. From IBM's memorandum: 'The final disclosures identify 19 Linux files relating to the ELF specification, as well as excerpts from several specification documents. Dr. Cargill far exceeds this claims ... asserting infringement of the entire ELF format ... also ... for the first time, claims to the ELF magic number.'"
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SCO Claims Ownership of ELF To Court

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  • 0x7f (Score:4, Interesting)

    by slashkitty ( 21637 ) on Friday June 09, 2006 @12:31PM (#15503143) Homepage
    The magic number in question. Is this the shortest number to have ownership? How can someone own a number?
  • Disgrace (Score:3, Interesting)

    by kuyaedz ( 921036 ) on Friday June 09, 2006 @12:33PM (#15503163)
    The fact that I live within .5 miles of the SCO Utah Office makes me want to vomit. It's like living near chernobyl--I'm going to get infected! I wish the judges would get a clue and just throw everything out. They have no case. Never have & never will. Keep makin' shit up ass hole, you're still going down.
  • Re:Oh come on! (Score:3, Interesting)

    by Peter Simpson ( 112887 ) on Friday June 09, 2006 @12:41PM (#15503235)
    Ummm...you're not gonna like this.

    According to the IBM filing on Groklaw, tSCOg actually *is* claiming that the "magic number" concept is their property.

    In addition, of course, to header files, the ELF format, the numbers assigned to signals, and a bunch of other POSIX spec stuff. /0x80
  • by $RANDOMLUSER ( 804576 ) on Friday June 09, 2006 @12:42PM (#15503252)
    IBM long ago had the opportunity to buy SCO off, or even buy them outright. Their strategy is to make all claims against Linux GO AWAY. If they buy SCO off, they still leave themselves (and everyone else) open to future claims against Linux. By winning the case, they close that door forever. Meanwhile, SCO is hanging on like a punch-drunk prizefighter; if they let their guard down for even a second, they're gonna get CLOBBERED.
  • What shocks me even more is that SCO is still in business.
  • by Mostly a lurker ( 634878 ) on Friday June 09, 2006 @01:18PM (#15503567)
    They are pretty safe adding completely ridiculous new claims now because the court can be trusted to throw them out on procedural grounds: the date for final-last-no-more-chances disclosure of all allegedly infringing code was last December. Thus, they will never have to try to justify such claims as copyright on Posix and ELF; and rights to the general filesystem layout of SVR4.

    The real question is why bother making the claims at all? I think the answer is a combination of

    • bury the court in paper in an attempt to delay proceedings;
    • try to salvage some of the original claims: there is a pending motion to throw out the bulk of SCO's items from last December on the basis of lack of specificity; they probably hope that, faced with a mountain of SCO claims, the judge may be reluctant to disallow absolutely everything and will allow some of the vague "methods and concepts" items on SCO's December list;
    • material that can be used to spread FUD about UNIX IP in Linux; they can claim that these broad claims were thrown out on a "technicality", but they are "comfortable going to court with what remains".
    They really are arseholes.
  • I like this: (Score:1, Interesting)

    by Anonymous Coward on Friday June 09, 2006 @02:04PM (#15503980)
    Every time SCO pulls another farce, I know Microsoft is squirming because they are losing market-share to Linux.

    And it keeps Linux in the news! Way to go SCO!

    It's no damage really; every PHB will eventually call in an engineer to ask
    "What is it with Linux anyway?"

    At this point, the engineers will sing Linux's praises and only mention in passing that SCO is just a joke.

    Result: The PHB is left with a good impression of Linux and immediately forgets about SCO.

    Accentuate the positive, guys!
  • by kesuki ( 321456 ) on Friday June 09, 2006 @02:39PM (#15504262) Journal
    SCO is absolutely being a bunch of slimebags to infringe on the rights of open source developers everywhere. In a world with this much opportunity the best way they can make money is by trying to pry it from hackers many of whom are coding linux for the love of it, instead of trying to find honoerable ways of making money?

    sure it's not easy, I myself struggled every day for years and years trying to figure out what i loved doing. I play games a lot, and it's fun, so I hack, but the best way for SCO to make money would be to find something better to do with everyones time. I'm trying to find ways to make money for my home town area which lost a lot of good paying jobs and has a lot of people who've simply moved away from a community they loved working in.

    It's not easy finding the right way to make money, but in the long run everyone profits when instead of trying to sue everyone we find something we're good at, and do it the best we can, until there is no one better and we're happy even if we don't make a lot of money. but a lot of places still need good paying jobs so that the rest of the community doesn't have to suffer living in dilapidated houses.

    SCO could make a difference, they need to look inwards and think about if the bottom line is so important that they can't find a way to make money off linux products, like trying to port linux for a company like gateway or dell, for their budget class computers. Linux has a lot of games and provide a lot of benfits but i know a lot of people who can't afford them, because they cost a lot, microsoft eats up a lot of that profit margin, and while sco might not make as much money, at least they could wake up and feel good in the morning.
  • by ESR ( 3702 ) on Friday June 09, 2006 @03:51PM (#15504879) Homepage
    Darren Davis: I'd like to discuss this bit of history with you. Please email
    me at esr@thyrsus.com
  • by Anonymous Coward on Friday June 09, 2006 @04:11PM (#15505058)
    If only insurance companies had taken this approach years ago in personal injury tort & etc. the world would be a much better place.
  • by rbanffy ( 584143 ) on Friday June 09, 2006 @04:18PM (#15505117) Homepage Journal
    Not to mention the fact that with both Caldera and Novell having common roots Caldera could easily have been the Linux company that Novell snapped up, had it not been for the fact that the two companies were already locked in litigation.

    To be locked in litigation is not a problem. Remember - it's about money and power, not honour.

    In fact, buying some litigant to make the lawsuit go away is acceptable business practice.

  • by Jason Earl ( 1894 ) on Friday June 09, 2006 @04:32PM (#15505237) Homepage Journal

    I suppose you are right. However, by the time Novell got around to purchasing SuSE SCO/Caldera didn't really have a Linux business. Besides, if you are going to pick a company and put money in its pocket you probably aren't going to pick a company that is shaking you down for cash. Novell didn't need the lawsuit to go away, it needed a Linux business that it could promote instead of Netware.

  • by dbIII ( 701233 ) on Friday June 09, 2006 @06:08PM (#15506023)
    I think they picked the wrong target. IBM
    They picked the right target on day one. The stock went up when Darl took the audacious step of going after IBM and remember that a large portion of the legal expenses are going directly to Darl's brother. To use a twisted analogy, it's as if Darl deliberately drove the comapany car into the most solid wall he could find and then took it to his brother's panel shop with no oversight as to whether the charging for parts and repairs is fair.

    It's just corruption - linux and IBM are really just being used for misdirection while the money changes hands. The even sadder thing is that after this if nothing can be found to put Darl in jail he will go on to a better paying job with the reputation as the man who took on IBM and would have beat them too if it wasn't for those darn kids and their penguin.

  • by Shawn is an Asshole ( 845769 ) on Sunday June 11, 2006 @10:10AM (#15512694)
    But I do still worry that the (SCO) lawyers prevail and this results in all the Open Source resources I mentioned earlier being directed at rewriting a large chunk of the OS the same way MicroSoft has. In the case of MicroSoft this was because harsh deadlines caused poor design decisions. This is probably just MicroSoft's way of trying to cause similar problems to appear in Linux (or Linux 2) as the rewrite is hurried by the number of smaller companies that now rely on Linux (Mine Included as we use Linux to host almost everything).

    If SCO somehow manage to win, there is still FreeBSD. It's an excellent kernel and most "Linux" software works on it, either through native builds or through it's Linux emulation. The downside is drivers (which is why I use Linux). If it did come down to having to rewrite large parts of the Linux kernel, it should be possible to borrow much of the needed parts from FreeBSD.

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