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Latest "IP Enforcement Move" by SCO Raises Hackles - Novell Responds

Latest "IP Enforcement Move" by SCO Raises Hackles - Novell Responds

Unusually, LinuxWorld reproduces a press release without comment. Instead we will leave the community to do the commenting, in the feedback field below. Please keep responses dignified, thank you.

          UPDATE: Novell issued the following statement - also dated Dec 22, 2003:

"Novell believes it owns the copyrights in UNIX, and has applied for and received copyright registrations pertaining to UNIX consistent with that position. Novell detailed the basis for its ownership position in correspondence with SCO. Copies of our correspondence, and SCO's reply, are available here. Contrary to SCO's public statements, as demonstrated by this correspondence, SCO has been well aware that Novell continues to assert ownership of the UNIX copyrights."


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Most Recent Comments
Pani Panagraphie 12/30/03 06:17:06 PM EST

The SCO CEO Mcbride caused a cluster mess when he was at Pointserve, where he canned the existing business plan, then paid $$$$$ to outside consultants for a bogus business plan that made money off of "internet advertizing" yes pop-ups. (completly new direction for Pointserve, no way to make money either) I talked to him for a hour when I worked at Pointserve, he is All Smoke, Mirrors, and buzz words. He was eventually canned and Pointserve programmers left demoralized. Sorry SCO.

bert 12/23/03 08:10:47 AM EST

McBride is a prison's candidate. Financial fraud has to be punished, you cannot make money with anti-competive, baseless accusations.

Jason 12/22/03 11:30:44 PM EST

Dave is right! And more: Who is the copyright holder of the Alphabet, the Decimal Symbols etc.? None of us has been authorized for unrestricted use or distribution of the above copyrighted letters and symbols and/or any combination of them!

Dave 12/22/03 09:26:13 PM EST

SCO will be announcing their actions against anyone that uses "/*", "*/", and ";" next. And you folks that use '{' and "}" - you will pay double!

SCOwatcher 12/22/03 12:01:12 PM EST

Here is the letter!! cross-posted from lwm.net

This is a copy of SCO's December 19 copyright letter, as received from Avi Dines via Don Marti.]

December 19, 2003

Re: The SCO Group, Inc. (“SCO”)

Dear Unix Licensee,

In May 2003, SCO warned about enterprise use of the Linux operating system in violation of its intellectual property rights in UNIX technology. Without exhausting or explaining all potential claims, this letter addresses one specific area in which certain versions of Linux violate SCO's rights in UNIX.

In this letter we are identifying a portion of our copyright protected code that has been incorporated into Linux without our authorization. Also, our copyright management information has been removed from these files.

These facts support our position that the use of the Linux operating system in a commercial setting violates our rights under the United States Copyright Act, including the Digital Millennium Copyright Act. We are notifying you of these facts so you can take steps to discontinue these violations. We believe these violations are serious, and we will take appropriate actions to protect our rights. No one may use our copyrighted code except as authorized by us. The details of our position are set forth below. Once you have reviewed our position, we will be happy to further discuss your options and work with you to remedy this problem.

Certain copyrighted application binary interfaces (“ABI Code”) have been copied verbatim from our copyrighted UNIX code base and contributed to Linux for distribution under the General Public License (“GPL”) without proper authorization and without copyright attribution. While some application programming interfaces (“API Code”) have been made available over the years through POSIX and other open standards, the UNIX ABI Code has only been made available under copyright restrictions. AT&T made these binary interfaces available in order to support application development to UNIX operating systems and to assist UNIX licensees in the development process. The UNIX ABIs were never intended or authorized for unrestricted use or distribution under the GPL in Linux. As the copyright holder, SCO has never granted such permission. Nevertheless, many of the ABIs contained in Linux, and improperly distributed under the GPL, are direct copies of our UNIX copyrighted software code.

Any part of any Linux file that includes the copyrighted binary interface code must be removed. Files in Linux version 2.4.21 and other versions that incorporate the copyrighted binary interfaces include:







































































beagleLegal 12/22/03 09:59:49 AM EST

anyone who can find the text of the SCO letter is being asked to post it - here, Groklaw, and slashdot, there's a press conf at 11:00 AM ET so there's still time to analyze and debunk it

SCOsh5y 12/22/03 09:49:45 AM EST

Elsewhere, Groklaw is saying that SCO has sent out DMCA notication letters - "but to whom and about what they aren't yet saying."

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