Facts:
Linux is based off of Unix.
SCO says Lunix contains code from Unix
People (like Torvalds) say it doesn't.
Linux is based off of Unix

How is it that Linux based off of Unix yet contains no Unix code?

Unix is propreity code which means that Linux cannot contain code from Unix.

To use Unix you have to pay lots of cash.

Linus wrote the original code to create a Unix-like operating system. Just because it behaves like Unix does not mean it contains Unix code.

I can go write two pieces of software that perform the same function, but write the source code to each in two completely different ways.

if you really want to understand it, you'll have to go read
that article floating around about the origins or unix.
but sco doesn't own unix anyway. they just own the rights
that existed that novell had at the time. i could sell you
all my rights to canada, and there's nothing illegal about
that, but that doesn't mean you own canada. that just
means that any rights i have to canada are now yours.

SCO is suing IBM for misapropriation of trade secrets with regards to IBM GPL' ing software that SCO says was based on the concepts and methods employed in the original SYS V unix that SCO now holds the liscence for.

So -

Because some of the concepts employed in the Linux kernel were previously employed in SYS V Unix.

regards

Skyline

As a formerly practicing and still admitted to the bar lawyer,... What I can tell you follows:

Linux is not Unix. It clones the way Unix behaves, but does not use its code (of course this is in dispute by SCO, which is probably just plain wrong). Even if SCO wins the suit a court is unlikely to gant an injunction preventing distribution of Linux, because doing so would effect way too many people.

SCO has the burden of proving that its patents and copyrights were infringed. It isn't as simple as comparing the code, because the design lineage of each version of code must be taken into consideration. A couple of people in the know have stated that the part of code that is identical came from a source outside of SCO's design lineage and therefore represents code that was contributed to both OSes from an outside, 3rd party source, likely years before SCO acquired any rights...

Even if SCO code did find its way into Linux, SCO may be Estopped from enforcing their rights because they should have known this, and failed to act until just recently, despite having access to both source codes AND distributing their own Linux containing the offending code...

So in short,... Linux has very little to worry about. IBM has a little, and SCO is going to end up with a big pile of nothing out of this whole thing, save a few months to a year stay from their heads on the economic chopping block...

Hi jasep

What's a little unusuall about this case is that SCO is suing for breach of contract NOT copyright violation - this stands in contrast to the regular press releases about supposed code lifting from *nix into the Linux kernel

SCO is suggesting that IBM breached its contract by misappropriating "SCO's" methods and concepts when contributing technologies such as

RU, LVM, JFS, SMP, and NUMA

amongst others.

It will be fun seeing SCO in a European court trying to defend "its" methods and concepts.

No doubt IBM has stacks of patents lined up to counter sue SCO for using thier technologies in SCO's Unixware and the like.

I read the SCO complaint. In a nutshell it basically goes to say that IBM breached BECAUE it put SCO Unix code into AIX and Linux, and positioned Linux to be the NEW market. It then goes on to tell a bunch of half-truths, lies and damned lies about what the Linux movement is all about to try ans support its ridiculous position. In fact, parts of it read like cheap dime-store soap opera novel trash...

when i saw all the new features coming out in
kernel version 2.6, i thought, WOW, luckily we had
sco to look at to figure out all this cool stuff. we never
could have done it just by hard years of work, with
thousands of developers.
sco is suing my toilet too. they said they have the patent
on being full of s*^t, the trade secret for making s*^t,
the copyright on all derivaties of s*%t, and the trademark
of looking like s*^t.

How is it that FreeDOS can be DOS but contain no DOS?
Hint: I am not being completely clear with my terms and ignoring the fact that they were created independently.
In regards to the impression SCO wishes to create, as opposed to their actual lawsuit-one needs to begin to get some background rather than just believing anyones statement in one article.
Oh, and there is also the GNU/Linux thing.
Linux is just the kernel. Many of the other useful functions are from the GNU project.
Plus the work of thousands of others that have independently helped to create software that SCO has no problem ignoring in the agressive pursuit of THEIR IP rights.

Here is another set of good links in light of SCO's latest.