SCO shows more code
[Posted June 1, 2004 by corbet]
On the surface, the
declaration
of Todd. M. Shaugnessy filed by IBM in the SCO case looks like fairly
boring stuff. It consists of a long list of exhibits filed by IBM. Some
of those exhibits, however, have not been seen before, and some of those
warrant a look. In particular, exhibit 28 covers SCO's answers to the
motions to compel discovery. SCO has now "shown the code," and we can see
what the company is claiming.
The first part of the declaration covers code contributed from AIX and
Dynix to Linux. In the former case, SCO now contents itself with listing
the JFS filesystem. From Dynix, SCO notes the read-copy-update technique
and some NUMA support code. The broader claim over Linux's SMP code
appears to have quietly gone away.
IBM keeps asking SCO to identify the specific lines of System V code
which, SCO claims, IBM contributed to Linux. SCO continues to evade that
question. The company did, under duress, provide listings of parts of AIX
and Dynix that, it claims, derive from Unix. The bulk of the AIX listing is the curses and
terminfo libraries; no kernel files are listed there. For Dynix, some
kernel files are listed (along with the source of utilities like
awk), but there appears to be no intersection with the Dynix files
that, SCO
claims, IBM contributed to Linux. SCO says that doesn't matter:
In fact, SCO steadfastly maintains that this item is not relevant to
this litigation nor is it likely to lead to the discovery of
admissible evidence. The main issue in this case is whether IBM
has breached its contract with SCO because it contributed or
otherwise disposed of a part of AIX or Dynix/ptx to others in
contravention of the terms of the license agreement.
In other words, there is not actually any SCO-owned code in IBM's
contributions to Linux, but SCO claims control over those contributions
anyway. Nothing particularly new there.
Finally, and, perhaps, most interestingly, SCO has included a set of other
files (exhibit 28-G) for which it claims ownership. The first part of this
list consists
of the Linux streams (LiS)
patch which has never been part of the mainline kernel. Interestingly,
the LiS distribution was
hosted at Caldera for some time. But the company formerly known as
Caldera would rather forget that now; the company claims, in its filing,
the LiS has not appeared in "any Linux-related product distributed by SCO."
The Free Software Foundation recently claimed that the
reason SCO went after the kernel and not the FSF was the latter's copyright
assignment policies. So the FSF should be interested to see that SCO
claims rights over significant chunks of the glibc and binutils packages. In
particular, SCO claims ownership of just about anything which touches the
ELF executable file format. Many tens of thousands of lines of FSF-owned
code are claimed by SCO. Some of the claims are amusing in typical SCO
fashion; for example, the exhibit lists elf/interp.c from glibc,
which consists of the copyright header and exactly one line of code:
const char __invoke_dynamic_linker__[] __attribute__ ((section (".interp")))
= RUNTIME_LINKER;
SCO has also added claims to the ELF code in the 2.4.21 kernel, along with
the SYSV filesystem and the SYSV interprocess communication code.
SCO acknowledges that it distributed all of the above code (except for
LiS), but claims it was unaware that "its intellectual property" was
present at the time. One might well question how, if the SCO group claims
to own the ELF file format, it could be unaware that it was distributing
ELF-related code.
ELF is, after all, the fundamental file format used by
Linux. But one should not be surprised by this sort of claim from the SCO
Group.
The interesting question, instead, is whether the SCO Group will attempt to
pursue its claims to the ELF code. These claims could be used to launch
attacks against the FSF, any Linux distributor, or even any of the BSD
variants. The last thing SCO needs is yet another lawsuit, but that has
not stopped this company before. As SCO's claims against the Linux kernel
fall apart, its management may well be tempted to cast a wider net.
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