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By Peter Galli  |  Posted 2003-07-21 Print this article Print

It is also interesting that SCO has only just registered the copyrights for Unix System V and "suggests something about the degree of professionalism that lies behind these claims. Unregistered copyrights in the U.S. are accorded less opportunity for certain kinds of enforcement activity and damages, so registering copyrights is a good idea. But it is interesting that SCO had failed all this while to do it and casts an interesting reflection on the quality of management at SCO," Moglen said. In a summary of the matter so far, SCOs McBride said in a media teleconference earlier in the day that the matter had started as a contract issue with IBM, which has not been resolved and is now in litigation. But, in the process of moving down that path SCO examined with a "fine-tooth comb" what was going on inside of Linux as well as inside its own Unix code base.
"That has in fact generated this wide range of infringement problems that we are dealing with here today. We have now registered our copyrights to protect our Unix intellectual property. We have a very strong ownership position in Unix intellectual property and we now have the registered copyrights to go with that. SCOs Unix IP has been misappropriated into Linux and anyone who has doubts about that can view the source code under a non-disclosure agreement," he said.
After first telling businesses that Linux was an unauthorized derivative of Unix and included proprietary Unix code, SCO then made the offending code available to them. After they saw the code, customers told SCO they wanted to continue to use Linux without having to rip out the implementation they currently have, McBride said. As such SCO is giving customers a license to run Linux, legally, on a run-only basis, which will bring business Linux users into compliance. "This allows both their, and our, concerns to be met, balancing the needs of the marketplace with our right to protect our valuable Unix-based IP. We look forward to getting out into the marketplace and resolving these issues," he said. SCO chief legal counsel Boies also told the media that SCO has made a lot of progress in identifying the specifics of the use of SCOs IP and copyright. What SCO had done was begin with the contract claim against IBM as it had evidence of this. Since then, by investigation, SCO had significantly developed its evidentiary base, he said.

Peter Galli has been a financial/technology reporter for 12 years at leading publications in South Africa, the UK and the US. He has been Investment Editor of South Africa's Business Day Newspaper, the sister publication of the Financial Times of London.

He was also Group Financial Communications Manager for First National Bank, the second largest banking group in South Africa before moving on to become Executive News Editor of Business Report, the largest daily financial newspaper in South Africa, owned by the global Independent Newspapers group.

He was responsible for a national reporting team of 20 based in four bureaus. He also edited and contributed to its weekly technology page, and launched a financial and technology radio service supplying daily news bulletins to the national broadcaster, the South African Broadcasting Corporation, which were then distributed to some 50 radio stations across the country.

He was then transferred to San Francisco as Business Report's U.S. Correspondent to cover Silicon Valley, trade and finance between the US, Europe and emerging markets like South Africa. After serving that role for more than two years, he joined eWeek as a Senior Editor, covering software platforms in August 2000.

He has comprehensively covered Microsoft and its Windows and .Net platforms, as well as the many legal challenges it has faced. He has also focused on Sun Microsystems and its Solaris operating environment, Java and Unix offerings. He covers developments in the open source community, particularly around the Linux kernel and the effects it will have on the enterprise.

He has written extensively about new products for the Linux and Unix platforms, the development of open standards and critically looked at the potential Linux has to offer an alternative operating system and platform to Windows, .Net and Unix-based solutions like Solaris.

His interviews with senior industry executives include Microsoft CEO Steve Ballmer, Linus Torvalds, the original developer of the Linux operating system, Sun CEO Scot McNealy, and Bill Zeitler, a senior vice president at IBM.

For numerous examples of his writing you can search under his name at the eWEEK Website at


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