Caldera OpenLinux - ...what?

Posted by Eric Stein - June 18, 2006 CE @ 04:32:42 UTC
OK, to start off, this whole thing is completely insane. To understand what I'm talking about here, you might want to read:Published on the 16th, this press release claims that SCO will be releasing a new version of Caldera OpenLinux, which as been stagnant for years. Here's the best part:
To provide extensive reliability and performance features, the Linux Kernel 2.5 codebase has been merged with recently developed additions to SCO's world leading UNIX core operating system. Already contained code owned by SCO is still included benefiting the stability and overall experience opposed to recent Linux kernel releases.
Now, anyone who is aquainted with the GPL and SCO's history will realize that something is VERY VERY WRONG here. SCO's entire set of lawsuits against Linux users & distributors is that the "already contained code" could not be legally included in Linux. Publishing it this way would (through the GPL) force that code to be licensed under the GPL.

There are a few possibilities that I'm currently considering:

1) The press release is fake

Besides the overall tone of the release, we have this:
eastein@pippin:~$ host openlinux.org
openlinux.org has address 131.188.40.90
openlinux.org mail is handled by 10 openlinux.informatik.uni-erlangen.de.
openlinux.org mail is handled by 50 fauern.informatik.uni-erlangen.de.
openlinux.org mail is handled by 100 mailhub.rrze.uni-erlangen.de.
eastein@pippin:~$
The www.openlinux.org website is hosted by a university in Germany? That seems a bit off to me. For more details, check out the article on this over at groklaw.net.

2) SCO is giving up

Considering how poorly their case has been going over the last few years (and how reluctant they have been to let it go to trial), this isn't that unlikely. Quitting while they're ahead and encouraging SCO UNIX users to switch to an SCO commercial Linux distribution would be a good business move.

3) SCO wants to invalidate the GPL

If SCO does produce a new version of Caldera OpenLinux containing their proprietary source code merged into the Linux kernel code and not also release their source code, they will be violating the GPL. If they do that, there is absolutely no chance that the EFF will not grab the chance to start a class action lawsuit on the behalf of Linux kernel developers. The only logical reason for SCO to take this path is to attempt to invalidate the GPL in court - however, any other outcome from this would be a huge financial judgement against SCO.

I doubt very much that this is the intent of SCO - and not only because I think they have at least some business sense. Nobody in their right mind would fork the 2.5 kernel code for a production system.

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