But both McBride and SCO chief legal counsel David Boies, from Boies, Schiller & Flexner LLP, made it clear that SCO intends to use every means possible to protect the companys UNIX source code and to enforce its copyrights. "We intend to use every means possible to protect our Unix source code and to enforce its copyrights. "While using pirated software is copyright infringement, our first choice in helping Linux customers is to give them an option that will not disrupt their IT infrastructures. We intend to provide them with choices to help them run Linux in a legal and fully-paid for way," he said.While the Linux 2.2.x kernel was able to scale to between 2 and 4 processors, Linux 2.4.x and the 2.5.x development kernel, Linux now scales to 32 and 64 processors through the addition of advanced Symmetrical Multi-Processing (SMP) capabilities taken from Unix System V and derivative works, which is a violation of SCOs contract agreements and copyrights, said McBride. "We are trying to help Linux users with this problem. Following the distribution of our letter to the CEOs of the Fortune 1000 and Global 500 companies, many of them contacted us to ask what they could do to move into compliance. Today, were delivering a very clear message to customers regarding what they should do. Intellectual property is valuable and needs to be respected and paid for by corporations who use it for their own commercial benefit. The new UnixWare license accomplishes that objective in a fair and balanced way," McBride said.
McBride again on Monday maintained that hundreds of files of misappropriated Unix source code and derivative Unix code have contributed to Linux in a variety of areas, including multi-processing capabilities.