Click here to close now.

Welcome!

@CloudExpo Authors: Liz McMillan, Jnan Dash, Elizabeth White, Tim Hinds, AppDynamics Blog

Related Topics: Linux Containers

Linux Containers: Article

SCO: Unix plus Linux equals trouble

UnitedLinux members are not insulated from future SCO lawsuits

(IDG News Service) — The SCO Group, arguably, isn't making many friends in the Linux camp these days. Last month it filed a US$1 billion lawsuit against IBM Corp. for allegedly misusing Unix code to bolster Linux efforts. SCO owns Unix System V code, which IBM had licensed to build AIX. SCO now acknowledges it may extend its legal activities to Linux distributors SuSE Linux AG and Red Hat Inc., and doesn't rule out action against users of the open source operating system.

The move wouldn't be so unusual if not for the fact that SCO is a founding member of UnitedLinux, a group of companies that have united to distribute Linux software worldwide.

Chris Sontag, senior vice president and general manager of SCOsource, the SCO division in charge of managing and protecting the company's Unix intellectual property, spoke with IDGNS about SuSE, UnitedLinux, IBM and Linux users. His overall message is that Linux developers, distributors and customers are using code that doesn't belong to them and if they don't settle up with the Lindon, Utah, software company, they can expect to see their day in court.

Question: SuSE feels protected against any legal action you may consider because of contracts with SCO and with UnitedLinux in which you are a member. Do SuSE and other Linux distributors including Red Hat have reason to be worried?

Sontag: Regarding contracts we have with SuSE and UnitedLinux, I would unequivocally state that there is nothing in those contracts that provides them with any protection or shelter in the way they are characterizing this in the press. If I were them, I would not be making those kinds of statements.

Question: Are you planning any legal action against SuSE or Red Hat?

Sontag: We have no action planned at this time. Our focus is on the IBM lawsuit. This does not mean, however, that we will not initiate other actions to protect our intellectual property at a future point.

Question: You're a member of UnitedLinux. Would you say that your lawsuit has caused some friction within that group?

Sontag: Yes, there is some friction. But we've been doing our best to have open dialogs with the other participants and members in UnitedLinux. Darl McBride, the CEO (chief executive officer) of SCO, has had numerous conversations with the other CEOs within UnitedLinux. We've been doing everything we can to keep the dialogue open and are trying to work to conclusions that will be amicable for all the parties involved. We haven't come to a good conclusion yet. But we're always hopeful.

Question: Wouldn't you agree that your legal action is causing uncertainty in the Linux community and that this uncertainty is undermining the marketing efforts of UnitedLinux?

Sontag: There is definitely uncertainty and doubt. And there are problems identified within the Linux community. We were not the first ones to raise the intellectual property issue, but we certainly have a major issue now. Since digging into the lawsuit with IBM, we've become very aware of issues related to Linux and other areas.

Question: So what's your goal?

Chris Sontag

Sontag: Our hope is that we can bring this to a full conclusion so that everyone has a final understanding in terms of intellectual property issues.

Question: Some people are beginning to question if SCO isn't more focused on Unix these days than on Linux. Are you still committed to Linux?

Sontag: Our primary focus has always been on Unix. Our efforts related to Linux have been to provide choices and multiple solutions to our customers. This hasn't changed.

Question: Could you imagine pulling out of UnitedLinux if there is some continued friction in the group?

Sontag: We're evaluating all our initiatives related to Linux right now. We have no announcements to make regarding what we may or may not be doing at this point. But certainly we will have to reassess the businesses, opportunities and issues in the marketplace and make appropriate adjustments as we go along.

Question: So abandoning UnitedLinux is a possibility?

Sontag: I'd prefer to defer that question for now.

Question: What prompted you to initiate the IBM lawsuit when you did? Why now and not a year ago?

Sontag: We had started working on SCO source-related initiatives late last year. We began digging into a lot of issues and started having some concerns. Then we went to LinuxWorld early this year and heard statements from Steve Mills, a senior executive at IBM responsible for the company's overall software strategy. Basically, he said that IBM will exploit its expertise in AIX to bring Linux up to par with Unix and went on to say a lot of other things, like trying to help obliterate Unix. IBM is a licensee of Unix technology from SCO, originating back to contracts with AT&T Corp. So IBM's position became a big problem for us.

Question: IBM is a big company with deep pockets and plenty of political clout. Do you think you can win the case?

Sontag: We're very confident about the case. We believe we have significant evidence to present at the appropriate time in court.

Question: What is the next step?

Sontag: SCO made its initial filing. IBM was supposed to respond within 30 days. They requested an extension of 30 days, which we granted them. So after 60 days, they responded with basically nothing -- a very vanilla law school 101-type level response, which was rather surprising. This month, we will have meetings that will occur between attorneys on both sides and some scheduling hearings with the judge. Then we will move into phase of gathering documents, evidence and depositions from all parties we believe are appropriate to this lawsuit. The steps beyond that are up to the judge. [See, IBM responds to SCO's $1 billion complaint May 2.]

Question: Could this go on for months, even years?

Sontag: A complex legal issue like this could take years. However, we think we'll be able to have the issue expedited more quickly due to the damages that it is causing SCO. We also have contractual obligations to IBM related to our license of Unix System V source code, which IBM has used for AIX. We have the ability to withdraw or pull the AIX license on June 13, which should cause IBM to expedite this issue as well.

Question: What about SuSE and Red Hat customers and other Linux users? Could they face litigation or be impacted in any way?

Sontag: Certainly, as the evidence mounts, there could be concerns and issues for end customers. When you're talking about copyrighted materials or trade secrets being inappropriately obtained and released, even the recipients of that information have to have concerns.

More Stories By John Blau

John Blau is a Dusseldorf correspondent for the IDG News Service, a Linux.SYS-CON.com affiliate.

Comments (4) View Comments

Share your thoughts on this story.

Add your comment
You must be signed in to add a comment. Sign-in | Register

In accordance with our Comment Policy, we encourage comments that are on topic, relevant and to-the-point. We will remove comments that include profanity, personal attacks, racial slurs, threats of violence, or other inappropriate material that violates our Terms and Conditions, and will block users who make repeated violations. We ask all readers to expect diversity of opinion and to treat one another with dignity and respect.


Most Recent Comments
will kranz 02/03/04 04:32:34 PM EST

I was searching for sco vs IBM suit info on Linux.
You have an interesting article, but your web site
keeps trying to send me big cookies which I resent.
I will not be back.
Server is: http://www3.sys-con.com/banners/linuxworld336.cfm

vardhman 11/27/03 01:31:30 PM EST

SCO seems to be doing nothing nowadays for making their Operation system or products better. I think they will finally start saying buy Microsoft Windows quit our Unix. They seem to be preparing for "Suing" all the time. I think they have turned up into a "suing company" from a unix company. Cant they think of doing some development work so that people buy their OS.
Threatening is not a solution. If their OS was worth so much as the Linux Kernel developers have to copy code from it, why should Linux be taking away their market of Unix?

Justin 11/27/03 07:53:29 AM EST

For a broader viewpoint on SCO's claims, and how little evidence they are able to produce, visit www.groklaw.com

For example, in their list of 'infringing' files, there are several that do not actually contain code...!

Justin.

Dilbert Dobbs 11/27/03 04:45:49 AM EST

At this point, in regard to all the letters SCO has sent out, this amounts to nothing but pure assertion on SCO's part at this time. Why would anyone in a company pay money to SCO just because they happen to assert something? Obviously most folks recognize this as Microsoft looks to be the only company that has struck a deal with SCO. No surprise there.

Until SCO can get a court ruling to back them up, they're just spouting pure assertion - and they've certainly not been willing to back their demands up with any kind of proof. On this basis their demands amount to pure hog wash - or perhaps a certain style of extortion.

@CloudExpo Stories
Today air travel is a minefield of delays, hassles and customer disappointment. Airlines struggle to revitalize the experience. GE and M2Mi will demonstrate practical examples of how IoT solutions are helping airlines bring back personalization, reduce trip time and improve reliability. In their session at @ThingsExpo, Shyam Varan Nath, Principal Architect with GE, and Dr. Sarah Cooper, M2Mi’s VP Business Development and Engineering, will explore the IoT cloud-based platform technologies drivi...
Containers have changed the mind of IT in DevOps. They enable developers to work with dev, test, stage and production environments identically. Containers provide the right abstraction for microservices and many cloud platforms have integrated them into deployment pipelines. DevOps and Containers together help companies to achieve their business goals faster and more effectively. In his session at DevOps Summit, Ruslan Synytsky, CEO and Co-founder of Jelastic, reviewed the current landscape of...
Live Webinar with 451 Research Analyst Peter Christy. Join us on Wednesday July 22, 2015, at 10 am PT / 1 pm ET In a world where users are on the Internet and the applications are in the cloud, how do you maintain your historic SLA with your users? Peter Christy, Research Director, Networks at 451 Research, will discuss this new network paradigm, one in which there is no LAN and no WAN, and discuss what users and network administrators gain and give up when migrating to the agile world of clo...
Manufacturing has widely adopted standardized and automated processes to create designs, build them, and maintain them through their life cycle. However, many modern manufacturing systems go beyond mechanized workflows to introduce empowered workers, flexible collaboration, and rapid iteration. Such behaviors also characterize open source software development and are at the heart of DevOps culture, processes, and tooling.
SYS-CON Events announced today that JFrog, maker of Artifactory, the popular Binary Repository Manager, will exhibit at SYS-CON's @DevOpsSummit Silicon Valley, which will take place on November 3–5, 2015, at the Santa Clara Convention Center in Santa Clara, CA. Based in California, Israel and France, founded by longtime field-experts, JFrog, creator of Artifactory and Bintray, has provided the market with the first Binary Repository solution and a software distribution social platform.
"We got started as search consultants. On the services side of the business we have help organizations save time and save money when they hit issues that everyone more or less hits when their data grows," noted Otis Gospodnetić, Founder of Sematext, in this SYS-CON.tv interview at @DevOpsSummit, held June 9-11, 2015, at the Javits Center in New York City.
Internet of Things (IoT) will be a hybrid ecosystem of diverse devices and sensors collaborating with operational and enterprise systems to create the next big application. In their session at @ThingsExpo, Bramh Gupta, founder and CEO of robomq.io, and Fred Yatzeck, principal architect leading product development at robomq.io, discussed how choosing the right middleware and integration strategy from the get-go will enable IoT solution developers to adapt and grow with the industry, while at th...
Containers are revolutionizing the way we deploy and maintain our infrastructures, but monitoring and troubleshooting in a containerized environment can still be painful and impractical. Understanding even basic resource usage is difficult – let alone tracking network connections or malicious activity. In his session at DevOps Summit, Gianluca Borello, Sr. Software Engineer at Sysdig, will cover the current state of the art for container monitoring and visibility, including pros / cons and liv...
The last decade was about virtual machines, but the next one is about containers. Containers enable a service to run on any host at any time. Traditional tools are starting to show cracks because they were not designed for this level of application portability. Now is the time to look at new ways to deploy and manage applications at scale. In his session at @DevOpsSummit, Brian “Redbeard” Harrington, a principal architect at CoreOS, will examine how CoreOS helps teams run in production. Attende...
"We have a tagline - "Power in the API Economy." What that means is everything that is built in applications and connected applications is done through APIs," explained Roberto Medrano, Executive Vice President at Akana, in this SYS-CON.tv interview at 16th Cloud Expo, held June 9-11, 2015, at the Javits Center in New York City.
The cloud has transformed how we think about software quality. Instead of preventing failures, we must focus on automatic recovery from failure. In other words, resilience trumps traditional quality measures. Continuous delivery models further squeeze traditional notions of quality. Remember the venerable project management Iron Triangle? Among time, scope, and cost, you can only fix two or quality will suffer. Only in today's DevOps world, continuous testing, integration, and deployment upend...
Malicious agents are moving faster than the speed of business. Even more worrisome, most companies are relying on legacy approaches to security that are no longer capable of meeting current threats. In the modern cloud, threat diversity is rapidly expanding, necessitating more sophisticated security protocols than those used in the past or in desktop environments. Yet companies are falling for cloud security myths that were truths at one time but have evolved out of existence.
IT data is typically silo'd by the various tools in place. Unifying all the log, metric and event data in one analytics platform stops finger pointing and provides the end-to-end correlation. Logs, metrics and custom event data can be joined to tell the holistic story of your software and operations. For example, users can correlate code deploys to system performance to application error codes. In his session at DevOps Summit, Michael Demmer, VP of Engineering at Jut, will discuss how this can...
"A lot of the enterprises that have been using our systems for many years are reaching out to the cloud - the public cloud, the private cloud and hybrid," stated Reuven Harrison, CTO and Co-Founder of Tufin, in this SYS-CON.tv interview at 16th Cloud Expo, held June 9-11, 2015, at the Javits Center in New York City.
The most often asked question post-DevOps introduction is: “How do I get started?” There’s plenty of information on why DevOps is valid and important, but many managers still struggle with simple basics for how to initiate a DevOps program in their business. They struggle with issues related to current organizational inertia, the lack of experience on Continuous Integration/Delivery, understanding where DevOps will affect revenue and budget, etc. In their session at DevOps Summit, JP Morgenthal...
In his session at 16th Cloud Expo, Simone Brunozzi, VP and Chief Technologist of Cloud Services at VMware, reviewed the changes that the cloud computing industry has gone through over the last five years and shared insights into what the next five will bring. He also chronicled the challenges enterprise companies are facing as they move to the public cloud. He delved into the "Hybrid Cloud" space and explained why every CIO should consider ‘hybrid cloud' as part of their future strategy to achi...
"Plutora provides release and testing environment capabilities to the enterprise," explained Dalibor Siroky, Director and Co-founder of Plutora, in this SYS-CON.tv interview at @DevOpsSummit, held June 9-11, 2015, at the Javits Center in New York City.
In the midst of the widespread popularity and adoption of cloud computing, it seems like everything is being offered “as a Service” these days: Infrastructure? Check. Platform? You bet. Software? Absolutely. Toaster? It’s only a matter of time. With service providers positioning vastly differing offerings under a generic “cloud” umbrella, it’s all too easy to get confused about what’s actually being offered. In his session at 16th Cloud Expo, Kevin Hazard, Director of Digital Content for SoftL...
Explosive growth in connected devices. Enormous amounts of data for collection and analysis. Critical use of data for split-second decision making and actionable information. All three are factors in making the Internet of Things a reality. Yet, any one factor would have an IT organization pondering its infrastructure strategy. How should your organization enhance its IT framework to enable an Internet of Things implementation? In his session at @ThingsExpo, James Kirkland, Red Hat's Chief Arch...
WebRTC converts the entire network into a ubiquitous communications cloud thereby connecting anytime, anywhere through any point. In his session at WebRTC Summit,, Mark Castleman, EIR at Bell Labs and Head of Future X Labs, will discuss how the transformational nature of communications is achieved through the democratizing force of WebRTC. WebRTC is doing for voice what HTML did for web content.