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lINUX IS A cOPY OF unix

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cHIEF dARL mCbRIDE

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May 1, 2008, 8:27:06 PM5/1/08
to
mY LATEST SUPER DUPER TESTIMONY PROVES THAT lINUX IS JUST A COPY OF unix. i
HAVE YOU now lINUX thieves.


http://www.osnews.com/story/19705

cHIEF dARL mCbRIDE, sco

Jerry McBride

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May 1, 2008, 9:03:30 PM5/1/08
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cHIEF dARL mCbRIDE wrote:

Idiot!


--

Jerry McBride (jmcb...@mail-on.us)

Roy Schestowitz

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May 2, 2008, 12:19:36 AM5/2/08
to
____/ Jerry McBride on Friday 02 May 2008 02:03 : \____

> cHIEF dARL mCbRIDE wrote:
>
>> mY LATEST SUPER DUPER TESTIMONY PROVES THAT lINUX IS JUST A COPY OF unix.
>> i HAVE YOU now lINUX thieves.
>>
>>
>> http://www.osnews.com/story/19705
>>
>> cHIEF dARL mCbRIDE, sco
>
> Idiot!

I think he was joking. See

Deluded SCO CEO on witness stand: "Linux is a copy of UNIX"

,----[ Quote ]
| Novell grilled McBride for the better part of 10 minutes about "filling a
| form 10-K or 10-Q with the SEC that contained a false statement." Novell's
| counsel reiterated that two separate 10-Q forms filed by SCO did not include
| Sun or Microsoft revenue generated by UnixWare licenses. McBride adamantly
| denied any wrong doing, saying that the licenses were for the trunk of SCO
| intellectual property consisting of multiple brands, not the UnixWare product
| branch. This was the most hostile point of the day, with the council asking
| him the same question in several different ways. After two hours on the
| stand, McBride stepped down.
`----

http://arstechnica.com/news.ars/post/20080501-deluded-sco-ceo-on-witness-stand-linux-is-a-copy-of-unix.html

It also says "SCO played with fire..... and got burned." Tagged "SCOWned!".
Very funny.

Also see the picture of the tree here:

Transcripts!! Days 1 and 2 of Novell v. SCO

,----[ Quote ]
| So it's both trunk and branch. Hahahaha. Just like in nature. Here's the
| diagram again, so you can see how silly this argument is:
|
| Do you see UnixWare depicted as both the trunk and the branch?? Oops. Is it
| my all-time favorite SCO story? Hard to say, with so many SCO stories to
| choose from, but it's got to be Top Ten.
`----

http://www.groklaw.net/article.php?story=20080501194602283

SCO: providing humour for GNU/Linux users since bankruptcy filing in 2007.

--
~~ Best of wishes

Fetch SPAM quicker than you can type 'crond start'
http://Schestowitz.com | Free as in Free Beer | PGP-Key: 0x74572E8E
Cpu(s): 23.9%us, 3.5%sy, 1.0%ni, 67.3%id, 4.0%wa, 0.2%hi, 0.1%si, 0.0%st
http://iuron.com - semantic engine to gather information

Moshe Goldfarb

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May 2, 2008, 12:39:35 AM5/2/08
to
On Fri, 02 May 2008 05:19:36 +0100, Roy Schestowitz wrote:

> ____/ Jerry McBride on Friday 02 May 2008 02:03 : \____
>
>> cHIEF dARL mCbRIDE wrote:
>>
>>> mY LATEST SUPER DUPER TESTIMONY PROVES THAT lINUX IS JUST A COPY OF unix.
>>> i HAVE YOU now lINUX thieves.
>>>
>>>
>>> http://www.osnews.com/story/19705
>>>
>>> cHIEF dARL mCbRIDE, sco
>>
>> Idiot!
>
> I think he was joking. See

You Roy Schestowitz are so utterly boring you wouldn't know a joke if it
fell on top of your flat head.

--
Moshe Goldfarb
Collector of soaps from around the globe.
Please visit The Hall of Linux Idiots:
http://linuxidiots.blogspot.com/

Rex Ballard

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May 2, 2008, 1:28:39 AM5/2/08
to
On May 1, 8:27 pm, cHIEF dARL mCbRIDE <m...@privacy.net> wrote:
> mY LATEST SUPER DUPER TESTIMONY PROVES THAT lINUX IS JUST A COPY OF unix. i
> HAVE YOU now lINUX thieves.

Daryl McBride has been running this scam since 2003, and IBM has even
been able to order the discovery evidence that Microsoft helped to
bankroll his efforts to do so.

A few facts:

Linux is a kernel which was NOT in any way based on Unix. Linus
started with a 10 thousand line kernel which was pretty much written
from scratch and made very good use of the memory management
capabilities of the 80386 (and later) processors.

Linux DID attempt to maintain API compatibility with the UNIX API by
following published standards. Remember that MOST of those standards
were established by the BSD Unix, which was developed under a license
that pre-dated software licenses, and permitted and even encouraged
development based on the software without requirement sub-license
Unix.

In 1976, AT&T was not allowed to market UNIX and therefore gave it to
educational institutions, and encouraged them to use it for research
and development of their own variants.

Several colleges and universities took on the challenge and created
new libraries and applications for UNIX. The University of California
at Berkely created BSD Unix, and when the VAX came out, BSD took
advantage of the memory management of the VAX. AT&T attempted to
incorporate many of these new enhancements in their SYSTEM III
release, which AT&T was permitted to sell directly to businesses, in
exchange for accepting Divestature of the "Baby Bells".

AT&T got an unpleasant surprise. Many of those college students who
had been using BSD Unix in college had moved on to mid-sized companies
who couldn't afford a big mainframe, but could afford a minicomputer
that ran BSD Unix. They worked as administrators, programmers, and
engineers. AT&T cut a deal with UCB to get the BSD Libraries and
toolkits, and include them in their distribution. The BSD license was
Open Source, but permitted the use of the BSD code and binaries in
proprietary systems, including AT&T Unix. These features were
gradually included into AT&T System V Unix, with SysVr4 including all
of the BSD libraries.

McBride asserts that AT&T "Owns" the BSD code, but court testimony,
disclosures, and exhibits have shown that McBride had been told by
knowledgeable employees of the company that this was not the case,
that Linux had just as much right to use these OSS libraries as AT&T
did, and also had the right to use many OSS libraries such as the GNU
libraries, which could not be legally claimed by AT&T. McBride
ignored these warnings and knowingly filed the fraudulent lawsuit
against IBM in what appears to be a huge "pump-and-dump" stock price
manipulation scheme. McBride had been given roughly 1 million shares
of SCO stock at a price of 75 cents/share.

Because Linux was API compatible with these BSD libraries and tools,
as well as the MIT X11 graphics software developed by the Athena
Project (again, not owned by AT&T).

About the closest Linux ever came to being Linux was when Caldera
attempted to pass the X/Open Unix/95 compatibility certification. I
don't recall whether they actually succeeded or not. When Caldera
began to successfully displace SCO Unix installations in fast-food
franchises, they eventually purchased the customer service
organization of SCO, but in doing so, they put up too many shares and
CEO Ransom Love lost control of the company. Love was voted out in a
proxy fight, and McBride was hired. McBride THEN purchased the SCO
UNIX business, which ended Microsoft's contract not to produce UNIX
(appearantly they couldn't compete in the UNIX market as part of their
agreement to sell Xenix to SCO. Bill Gates thought he could buy SCO
back with taxi money, but didn't realize that less than a day after
the deal was signed, SCO shares were snapped up by Microsoft's
competitors, including Novell, IBM, Sun, HP, and others.
.
When Caldera overextended itself, Microsoft used proxy capital venture
funds to purchase SCO shares without giving away their direct
association with top Microsoft executives.

It now turns out that SCO only had unlimited distribution rights, but
did not "own" Unix. Furthermore, about 90% of the claims made by SCO
were dismissed as unsupported by the evidence, and the remaining
claims were not dismissed, because IBM owns those contested rights.
IBM did not want the charges dismissed because they wanted to go after
deeper pockets, including the venture capital firms that bankrolled
the fraudulent claims. Since IBM can prove the remaining claims are
not only fraudulent, but that McBride knowingly made fraudulent
claims, they can get triple-damagaes, including all of the costs
involved in the case, which could exceed $3 billion if triple damages
are awarded.

> http://www.osnews.com/story/19705

http://www.groklaw.net/article.php?story=20080429140801627

http://en.wikipedia.org/wiki/SCO_v._IBM#IBM_counterclaims_against_SCO

http://en.wikipedia.org/wiki/SCO_v._IBM#Discovery

Part of the problem for McBride is that the code that IBM contributed
to Linux, which SCO claims to "Own" is actually code that IBM has been
using in products dating back to OS/360, OS/370, and VMS as well as
CICS, some dating back to 1968. This code was also used in AIX when
it was ported to the System 390.

McBride's attempt to sue IBM for disclosure of "SCO derived code" is
actually an attempt to sue IBM for using it's own code.

> cHIEF dARL mCbRIDE, sco

The main question will be how long it will be before the next
administration, with a REAL attorney general, files criminal charges
against McBride for Securities Fraud, along with several other
officers of SCO.

alt

unread,
May 2, 2008, 3:52:45 AM5/2/08
to
On Thu, 01 May 2008 22:28:39 -0700, Rex Ballard wrote:

> About the closest Linux ever came to being Linux was when Caldera
> attempted to pass the X/Open Unix/95 compatibility certification.

ITYM: About the closest Linux ever came to being _Unix_ ....

High Plains Thumper

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May 2, 2008, 5:20:27 AM5/2/08
to
Roy Schestowitz wrote:
> ____/ Jerry McBride on Friday 02 May 2008 02:03 : \____
>
>> cHIEF dARL mCbRIDE wrote:
>>
>>> mY LATEST SUPER DUPER TESTIMONY PROVES THAT lINUX IS JUST
>>> A COPY OF unix. i HAVE YOU now lINUX thieves.
>>>
>>> http://www.osnews.com/story/19705
>>>
>>> cHIEF dARL mCbRIDE, sco
>>
>> Idiot!

That is obvious, especially the schizophrenic spelling of name.
Just the work of another troll.

> I think he was joking. See
>
> Deluded SCO CEO on witness stand: "Linux is a copy of UNIX"
>
> ,----[ Quote ]
>> Novell grilled McBride for the better part of 10 minutes
>> about "filling a form 10-K or 10-Q with the SEC that
>> contained a false statement." Novell's counsel reiterated
>> that two separate 10-Q forms filed by SCO did not include
>> Sun or Microsoft revenue generated by UnixWare licenses.
>> McBride adamantly denied any wrong doing, saying that the
>> licenses were for the trunk of SCO intellectual property
>> consisting of multiple brands, not the UnixWare product
>> branch. This was the most hostile point of the day, with the
>> council asking him the same question in several different
>> ways. After two hours on the stand, McBride stepped down.
> `----
>
> http://arstechnica.com/news.ars/post/20080501-deluded-sco-ceo-on-witness-stand-linux-is-a-copy-of-unix.html

Article also states,

[quote]
SALT LAKE CITY—Last August, the nail was poised over SCO's coffin
when Judge Dale Kimball ruled that Novell never relinquished the
copyrights to UNIX, but nobody really knew when it would be
driven home. The decision meant that SCO could be on the hook for
as much as $20 million in unpaid royalties. Not long afterwards,
SCO filed for bankruptcy, but that Chapter 11 filing was only
able to delay the inevitable trial to determine how much Novell
was owed. That long-awaited trial began this week, and Ars was on
hand to report.
Related Stories

Last year, the court ruled that Novell owned the copyrights to
original AT&T UNIX source code and derivatives, including SVRX
(System V, Release X), and threw out the case. Now, the
countersuit brought by Novell is being heard, and should be
finished up this week. Novell has repeatedly said it has no
interest in suing Linux users over UNIX copyrights, which would
be against its interests now that Novell has ties to the
open-source community through openSUSE and SUSE Enterprise Linux
Server and Desktop distributions.
[/quote]

I believe the authors of Linux and related have been very careful
to avoid this so called software patents entanglement, as you
have expressed through your posting articles as such. Of course,
they can't help it if someone patented Pythagoras' theorem.
Ideal of software patents need to be trashed unless they are tied
to a hardware event, per UK's patent office.

--
HPT
Quando omni flunkus moritati
(If all else fails, play dead)
- "Red" Green

Roy Schestowitz

unread,
May 2, 2008, 5:43:39 AM5/2/08
to
____/ High Plains Thumper on Friday 02 May 2008 10:20 : \____

Physical byproduct.

Patents in general have all sorts of issues (speaking of the ethics of patents
in medicine and surgery, for example -- patents that kill).

Software patents involve no manufacturing though. It's like patenting auro...
or air.

--
~~ Best of wishes

Roy S. Schestowitz | "The only source is Open Source"
http://Schestowitz.com | Open Prospects | PGP-Key: 0x74572E8E
Tasks: 132 total, 1 running, 131 sleeping, 0 stopped, 0 zombie
http://iuron.com - knowledge engine, not a search engine

Rex Ballard

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May 2, 2008, 8:17:34 AM5/2/08
to

Correct. Sorry about that, thanks for the correction.

Linonut

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May 2, 2008, 9:42:18 AM5/2/08
to
* cHIEF dARL mCbRIDE peremptorily fired off this memo:

Darl, you done gone nuts:

Darl McBride, CEO of SCO, was up next. His answers were... Peculiar,
to say the least. He stated that SCO holds the copyrights over UNIX,
and that "many Linux contributors were originally UNIX developers. We
have evidence System V is in Linux." Which contradicts the statements
made by Sontag, but as Ars explains, due to the witness exclusion
rule, McBride was not present during the testimony of Sontag. McBride
had one throwaway remark, one that really shows how much this man has
lost touch with reality - which may probably be the most opinionated
remark ever in an OSNews news item, but just read what he had to say,
and you can do nothing but agree with me. McBride said:

Linux is a copy of UNIX, there is no difference [between them].

If McBride /ever/ goes into a cell, it will be padded.

--
Stolen's a strong word. It's copyrighted content that the owner wasn't paid
for. So yes. -- Bill Gates, On his use of YouTube to watch videos. "Bill Gates
on ...the Competition" in The Wall Street Journal (19 June 2006); also quoted
in "Bill Gates' piracy confession" at ComputerWorld.com

James

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May 2, 2008, 10:05:34 AM5/2/08
to
Liarnut wrote:
> --
> Stolen's a strong word. It's copyrighted content that the owner
wasn't paid
> for. So yes. -- Bill Gates, On his use of YouTube to watch videos.
"Bill Gates
> on ...the Competition" in The Wall Street Journal (19 June 2006);
also quoted
> in "Bill Gates' piracy confession" at ComputerWorld.com


Message-ID: <D7udnesYIpq...@comcast.com>

[quote]
Of course, whether from the net or from work. Why would I pay $50 for
an app I will use one time?

Especially since hypocrites such as yourself have no qualms about
pirating whole operating systems and office suites.
[/quote]


http://groups.google.co.uk/group/comp.os.linux.advocacy/msg/2097b0841184c26f?dmode=source&output=gplain

Linonut

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May 2, 2008, 11:35:57 AM5/2/08
to
* James peremptorily fired off this memo:

Aw, some asshole brings up that old post to try to discredit me, just
because I included an old clip from his Fearless Leader, who has
commandeered more intellectual property than I've ever /used/.

What he doesn't bother to include is the whole follow-on, where I
indicate that I, in the end, did not use that software, though not for a
good reason (it was French). Where I admit that I stupidly did not
realize the existence of a free solution already -- GNU Parted. Where I
admit the error of my thinking, and vow to do without rather than
downloading a piece of commercial software.

Can "James" say the same thing?

I have kept to that vow strictly. People make mistakes. Honest
people admit to them and try to do better. I try /hard/ to be honest.

I fucked up. I've moved on.

--
It's fine to celebrate success but it is more important to heed the lessons
of failure.
-- Bill Gates

High Plains Thumper

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May 2, 2008, 11:58:31 AM5/2/08
to
Roy Schestowitz wrote:
> High Plains Thumper on Friday :

True, I find it hard to believe that software I wrote in the '80s
could be considered patentable or violate patents. Stupid things
like using the "XOR function to ascertain presence of analog
acquisition channel types", "use of binary roll function with
carry to embed compacted time code generator function in data
record", "use of control characters to display data output on a
computer root terminal", "accelerated tape I/O writes through
task trap software priority interrupt mechanism", ad nauseum.

Sounds nice, but really stupid. I hope the EU brings all of this
to a head and nullifies the majority of software patents, as
there is nothing innovative about them. It is only a way to
hinder innovation and open a Pandora's box for abuse, which
already has been demonstrated.

alt

unread,
May 3, 2008, 12:34:50 AM5/3/08
to

No worries. I just wanted to clear it up for those that may not have
understood.

James

unread,
May 3, 2008, 2:59:20 PM5/3/08
to
On Fri, 02 May 2008 11:35:57 -0400, Linonut wrote:


>
> What he doesn't bother to include is the whole follow-on, where I
> indicate that I, in the end, did not use that software, though not for a
> good reason (it was French). Where I admit that I stupidly did not
> realize the existence of a free solution already -- GNU Parted. Where I
> admit the error of my thinking, and vow to do without rather than
> downloading a piece of commercial software.
>
> Can "James" say the same thing?


VMware-server-1.0.4-56528.tar.gz and
6001.18000.080118-1840_x86fre_Server_en-us-KRMSFRE_EN_DVD.iso are
downloading right now. I ate three tuna sandwiches for lunch. My dog puked
in the porch this morning.


Anything else you'd like to know?


>
> I have kept to that vow strictly. People make mistakes. Honest
> people admit to them and try to do better. I try /hard/ to be honest.
>
> I fucked up. I've moved on.


Yeah, sure you have.

"Subject: Ezekiel and Moshe -- internet scumbuckets"

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