MESSAGE
| DATE | 2003-05-14 |
| FROM | From: "Inker, Evan"
|
| SUBJECT | Subject: [hangout] SCO's Letter to Linux Users/Customers
|
Ruben,
Here's a Good One for you. Definitely will make your Blood Boil!
Letter To Linux Customers
SCOsource
May 12, 2003
Dear commercial Linux user:
SCO holds the rights to the UNIX operating system software originally
licensed by AT&T to approximately 6,000 companies and institutions worldwide
(the "UNIX Licenses"). The vast majority of UNIX software used in enterprise
applications today is a derivative work of the software originally
distributed under our UNIX Licenses. Like you, we have an obligation to our
shareholders to protect our intellectual property and other valuable rights.
In recent years, a UNIX-like operating system has emerged and has been
distributed in the enterprise marketplace by various software vendors. This
system is called Linux. We believe that Linux is, in material part, an
unauthorized derivative of UNIX.
As you may know, the development process for Linux has differed
substantially from the development process for other enterprise operating
systems. Commercial software is built by carefully selected and screened
teams of programmers working to build proprietary, secure software. This
process is designed to monitor the security and ownership of intellectual
property rights associated with the code.
By contrast, much of Linux has been built from contributions by numerous
unrelated and unknown software developers, each contributing a small section
of code. There is no mechanism inherent in the Linux development process to
assure that intellectual property rights, confidentiality or security are
protected. The Linux process does not prevent inclusion of code that has
been stolen outright, or developed by improper use of proprietary methods
and concepts.
Many Linux contributors were originally UNIX developers who had access to
UNIX source code distributed by AT&T and were subject to confidentiality
agreements, including confidentiality of the methods and concepts involved
in software design. We have evidence that portions of UNIX System V software
code have been copied into Linux and that additional other portions of UNIX
System V software code have been modified and copied into Linux, seemingly
for the purposes of obfuscating their original source.
As a consequence of Linux's unrestricted authoring process, it is not
surprising that Linux distributors do not warrant the legal integrity of the
Linux code provided to customers. Therefore legal liability that may arise
from the Linux development process may also rest with the end user.
We believe that Linux infringes on our UNIX intellectual property and other
rights. We intend to aggressively protect and enforce these rights.
Consistent with this effort, on March 7, we initiated legal action against
IBM for alleged unfair competition and breach of contract with respect to
our UNIX rights. This case is pending in Utah Federal District Court. As you
are aware, this case has been widely reported and commented upon in the
press. If you would like additional information, a copy of the complaint and
response may be viewed at our web site at www.sco.com/scosource.
For the reasons explained above, we have also announced the suspension of
our own Linux-related activities until the issues surrounding Linux
intellectual property and the attendant risks are better understood and
properly resolved.
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.
SCO's actions may prove unpopular with those who wish to advance or
otherwise benefit from Linux as a free software system for use in enterprise
applications. However, our property and contract rights are important and
valuable; not only to us, but to every individual and every company whose
livelihood depends on the continued viability of intellectual and intangible
property rights in a digital age.
Yours truly,
THE SCO GROUP
By: _________________________
Darl McBride
President and CEO
****************************************************************************
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****************************************************************************
____________________________
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