The move will ensure Microsoft’s intellectual property
compliance with the code, and will allow compatibility between UNIX
and the Windows operating system. But Microsoft sees Linux as a
threat to Windows and speculation is rife about how Microsoft's
licensing deal for UNIX will impact Linux.
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.
IBM originally entered into a UNIX licence 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 and in
March this year launched a $1 billion lawsuit against IBM. At the
end of last week, SCO warned that Linux is an unauthorized
derivative of UNIX and that legal liability for the use of Linux
may extend to commercial users. It has suspended all of its future
sales of the Linux operating system until further notice.
About 1,500 commercial users of Linux then received a letter
from SCO, stating in part that “legal liability that may arise from
the Linux development process may also rest with the end user.”
The letter went on to say, “Similar to analogous efforts
underway in the music industry, we are prepared to take all actions
necessary to stop the ongoing violation of our intellectual
property or other rights.”
Unsurprisingly, Linux users are both outraged and anxious about
the move, which is bound to affect the marketability of the system
- a fact that will surely please Microsoft because, although it
holds 90% of the desktop operating system market share, it has
acknowledged Linux as a threat. It is conceivable that the UNIX
deal indicates that Microsoft is betting on the validity and
enforcement of SCO's patents.
