UNIX originated at Bell Labs in 1969. It evolved with many
versions being provided by various companies, universities, and
individuals, becoming the first open operating system that could be
amended or improved by anyone.
The operating system is widely used in workstations. Linux is a
UNIX derivative that was designed to give PC users a free or very
low-cost operating system comparable to the more expensive UNIX
systems, although its use in the business environment is
growing.
There are intellectual property rights in UNIX – and SCO
purchased significant parts of them in 1995, including source code,
source documentation, software development contracts, licenses and
other intellectual property that pertained to UNIX-related
business, including IBM as a UNIX distributor.
IBM originally entered into a UNIX license agreement with
AT&T in February 1985 in order to produce the AIX operating
system. SCO subsequently acquired its rights in UNIX. The
agreements required that IBM hold the UNIX software code in
confidence, and prohibited unauthorised distribution or
transfer.
But SCO alleges that IBM gave the rights away to Linux – albeit
SCO itself sells Linux as one of its main products.
IBM categorically denies any wrongdoing. In reference to
Caldera, a Linux company with which SCO merged, the filing states:
"Contrary to Caldera's unsupported assertions, IBM has not
misappropriated any trade secrets; it has not engaged in unfair
competition; it has not interfered with Caldera's contracts; and it
has not breached contractual obligations to Caldera."
However, SCO says it has uncovered new evidence since lodging
the complaint.
In an interview with CNetNews.com, SCO Group CEO Darl McBride
announced that the company is finding cases "where there is
line-by-line code in the Linux kernel that is matching up to our
UnixWare code.” He added, "We're finding code that looks likes it's
been obfuscated to make it look like it wasn't UnixWare code – but
it was."
SCO will not reveal the exact code copied until the action
reaches court, but the accusation will worry the open source
industry, which is dependant on trust among participants to work
effectively. Furthermore, SCO has not ruled out taking copyright
action against sellers of the product if it wins the IBM
action.
Joe Eckert, spokesman for SuSE, a Linux retailer, told CNet
News.com on Friday, "We have a joint development agreement with
[SCO], which includes appropriate cross-licensing arrangements.” He
went on, "Our lawyers feel that covers us from any actions that SCO
may take.”
