Linux attack against SCO escalates

SAN FRANCISCO: In the high-stakes legal showdown between Linux users and SCO Group Inc. over whether that company is owed unprecedented license fees, advocates for the free software on Thursday showed no signs of blinking at their biggest annual gathering.

SCO, which claims its blueprint for Unix software is embedded illegally in versions of the free Linux operating system, is suing International Business Machines Corp., for billions and has threatened companies that they must pay to use Linux or face litigation.

But IBM and Linux distributor Red Hat Inc., fought back this week against Lindon, Utah-based SCO with countersuits, drawing cheers from Linux developers and users gathered in San Francisco this week for LinuxWorld.

"I'm not going to pay up until they show me proof," said Sterling Ball, who runs Ernie Ball, maker of the popular "Slinky" electric guitar strings. Ball switched to Linux and Sun Microsystems Inc.'s products several years ago after a license audit by Microsoft Corp.

Linux, which can be copied and modified freely, has gained ground against Microsoft Windows as a software standard for servers used to run the Internet, handle financial transactions and even manage the U.S. nuclear arsenal.

Many are drawn to Linux's open-source credo, which ensures that anyone can access, copy and modify its underlying source code, or software blueprint. A network of developers, hackers and users say the collaborative spirit behind Linux makes it more reliable and innovative than proprietary software.

"Is there any basis for this suit? No," said Frederick Berenstein, Co-Chairman of Xandros, a distributor of Linux desktop software. "Is it designed to keep SCO in business? Yes."

SCO, which had been struggling financially until launching its legal and licensing campaign in March, said this week it will charge $699 for a computer with a single central processor running Linux, a price set to double at the end of an introductory period ending October 15.

Red Hat, the leading distributor providing Linux update and support services, filed a formal complaint earlier this week claiming that SCO's claims threaten to harm its business.

SuSE Linux AG, a German distributor and Red Hat competitor, said that it was looking for ways to support Red Hat, an offer welcomed by Red Hat Chief Executive Matthew Szulik.

IBM countersued on Thursday, saying that SCO had infringed on four IBM patents and breached the Linux general public license.

SCO, for its part, has said that it had been approached by Linux users seeking licenses to avoid any potential liability. Microsoft, whose server software competes directly with Linux, has signed a multimillion dollar licensing deal with SCO.

"SCO will remain on course to require customers to license infringing Linux implementations as a condition of further use," SCO said in a statement, "This is the best and clearest course for customers to minimize Linux problems."

But many remain reluctant to pay up until SCO proves that Linux contains proprietary software code. SCO has offered to show any interested parties its code under a non-disclosure agreement so that Linux can't be modified to remove any incriminating software code.

"I think a lot of people realize its a bluster up to this point," said Ian Murdock, Chairman of Progeny, which creates customized versions of Linux for companies, "If they were to come out with compelling evidence, then people could consider it seriously."

 

© Reuters