The SCO Group and IBM continue to face off over Unix, Linux and intellectual property. The legal case, in which SCO accuses IBM of misappropriating Unix code to beef up the scalability of Linux, is bringing the world of open source software front and center at the same time that Linux is gaining a foothold in data centers. IBM maintains that it has done nothing wrong and is ignoring SCO’s latest pronouncement that it has terminated Big Blue’s license to sell Unix. We talked to users and industry experts to compile answers to frequently asked questions about the key issues.
Now that SCO has revoked IBM’s license to Unix, what does this mean for AIX? Should users be worried?
Everybody using AIX, or thinking of using AIX, should be paying attention. But that doesn’t mean users should be scrambling to scrap AIX. IBM says it remains committed to AIX and its customers. It’s important to note that AIX represents untold millions of dollars in investment by IBM, which is unlikely to take this lightly. In addition, as opposed to Linux users who are dealing with an open source product and have access to code, AIX is licensed from IBM and therefore users aren’t handling actual code. Big Blue has stated repeatedly that its Unix license is “irrevocable, perpetual and fully paid” and that it cannot be terminated. It also says it will continue to ship, support and develop the operating system.
What about Linux users? Should users reconsider Linux deployment plans?
It wouldn’t hurt users to review contracts with Linux vendors to determine where the code originated and to guard against being held liable if SCO’s claims are validated. In addition, some analysts suggest holding off deploying Linux in critical business systems until the merits of SCO’s claims are determined. That could take years, however, and many users say they are unfazed by the situation. What’s more, the open source community says it will alter any offending code.
What does the legal community think of SCO’s allegations? Is IBM vulnerable?
One thing attorneys seem to agree on is that the case is murky. A lot is unclear: whether SCO holds patents to Unix, whether proprietary Unix code found its way into Linux and if so where it originated, among others. This is a David and Goliath battle, but the legal community does not discount SCO. This case likely will be a test for open source licensing.
Will this result in changes in how Linux is developed?
Observers say Linux will be developed in a more organized fashion, but this isn’t necessarily driven by the situation with SCO. As Linux becomes more widely used by companies, these customers will be looking for the structure they find with proprietary software. Linus Torvalds’ move to Open Source Development Labs last week will help bring this structure by creating a central clearinghouse for Linux development where users can look for software road maps and updates.
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SCO alleges that IBM’s actions have harmed its business. What was SCO’s business before this suit arose?
SCO’s business has been focused on Unix and supporting Unix in corporations. In its complaint, SCO talks about IBM’s efforts to undermine Unix and push the use of Linux in enterprise data centers. That’s the main reason why IBM pulled out of Project Monterey in 2000. Project Monterey was an undertaking of SCO, IBM and Sequent to create a version of Unix to run on both 32- and 64-bit Intel chips. But in the process of working on that, IBM saw the trend of Linux adoption growing and decided to focus on Linux rather than spend more time and money enhancing Unix. That left SCO hanging. In the following years, SCO has seen its business decline. Since CEO Darl McBride took over last year, SCO has focused on protecting its intellectual property, which some analysts say will be its primary business focus going forward.
Why did SCO file this suit?
Many observers say this is a last-gasp effort of a company that has watched its primary business decline. But others say SCO has every right and reason to protect its intellectual property. In January, SCO created SCOSource, a division focused on protecting and licensing intellectual property. Two licensing deals in its second quarter provided SCO with $8.8 million and its first-ever net income. The company reported net income of $4.5 million for the second quarter on revenue of $21.4 million, compared with a net loss of $6.6 million on revenue of $15.5 million during the same quarter a year ago.
Who owns Unix?
That’s a somewhat tricky question. SCO bought the rights to license Unix from Novell in 1994, a year after Novell purchased Unix System Laboratories, AT&T’s wholly owned subsidiary responsible for Unix System V. At the same time, Novell transferred the Unix trademark to The Open Group (then known as X/Open Company). The Open Group is responsible for certifying that Unix products conform to the Single Unix Specification, regardless of vendor. SCO says it owns Unix copyrights and patents. However, SCO’s claims against IBM do not include copyright or patent violations, rather breach of contract.
