Infringing code available ...

sk43999

July 29, 2006

... at (where else!) that noted warez site, sco.com

In [157-28-G], SCO give a list of files (with lines) in Linux
that it purports infringe its rights. One set, all relating to
ELF, come from the binutils package. Here is what SCO says about
these files:

"SCO, as the copyright owner of source code and/or documentation upon which the
following files and lines of code were copied or derived, has never contributed
or authorized these lines of code or the documentation related thereto, for use
in Linux as specified under part 0, or any other provision, of the GPL.

"SCO, as the copyright owner of source code and/or documentation upon
which the following files and lines of code were copied or derived, has never
granted a license to any party that knowingly authroized use of these files or
lines of code outside a UNIX-based distribution."

The first few files are:

binutils-2.14/bfd/elf-bfd.h
binutils-2.14/bfd/elf-hppa.h
binutils-2.14/bfd/elf-m10200.c

etc.

An older version of these files can be conveniently fetched from:

ftp://ftp2.sco.com/pub/skunkware/src/misc/binutils-2.8.1.tar.gz

infringement and all, with a nice friendly GPL license right at the top
of each file.
< EOM >

4:11:19 PM


Obfuscated Code Available ...

sk43999

July 31, 2006

at that notorious warez site SCO.COM, the one-stop shopping website for
code that fulfills all your infringement needs.

Today SCO offers a triple special!!! Code that is obfuscated (infringing
the binary ABI files along the way), infringes ELF, and is stripped of
copyright management information!

Today's triple special can be found at
ftp://ftp2.sco.com/pub/skunkware/src/emulators/lxrun-0.9.0-src.tar.gz

Obfuscation as an infringement was first introduced at SCOForum 2003 by
Sontag and Heise. On slide 15, this infringement is explained as:

"Obfuscated System V Code Has Been Copied Into Linux Kernel Release 2.4.x
and 2.5.x"

Using Mike Anderer's patent pending spectral analysis technique, they
provided samples that included lines such as:

System V Code: pc+=(A==pc ->k) ? pc ->jt : pc ->jf;
Linux Kernel Code: pc+=(A==fentry->k) ? fentry->jt : fentry->jf;

Note the clever substitution cipher: "pc" is changed to "fentry". Sneaky!

On Dec 19, 2003, SCO sent this friendly "Dear Linux User" letter stating:

"In this letter we are identifying a portion of our copyright protected
code that has been incorporated into Linux without our authorization.
Also, our copyright management information has been removed from these
files."

"Distribution of the copyrighted ABI Code, or binary code compiled using
the ABI code, with copyright management information deleted or altered,
violates the Digital Millennium Copyright Act ("DMCA") codified by
Congress at 17 U.S.C. 1202."

Scary words!

Among the infringing files we have:

a.out.h
errno.h
ioctl.h
ipc.h
signal.h
stat.h

Now check out lxrun. In lxrun/0.9.0/include/linux we have ...

a.out.h
errno.h
ioctl.h
ipc.h
signal.h
stat.h

Let's look at errno.h and compare with the
infringing include/asm-i386/errno.h

lxrun/include/linux/errno.h:

/*
* Linux error numbers
*/
#if !defined(LX_ERRNO_H)
#define LX_ERRNO_H

#define LX_EPERM 1 /* Operation not permitted */
#define LX_ENOENT 2 /* No such file or directory */
#define LX_ESRCH 3 /* No such process */
#define LX_EINTR 4 /* Interrupted system call */
#define LX_EIO 5 /* I/O error */

Linux include/asm-i386/errno.h:

#ifndef _I386_ERRNO_H
#define _I386_ERRNO_H

#define EPERM 1 /* Operation not permitted */
#define ENOENT 2 /* No such file or directory */
#define ESRCH 3 /* No such process */
#define EINTR 4 /* Interrupted system call */
#define EIO 5 /* I/O error */

Wow - obfuscated code - note the sneaky substitution "EPERM" =>
"LX_EPERM"! Note the ABI code: numbers 1 2 3 4 5! Note that there is no
copyright management information!

Looks like a lot, right? But wait, there's more!!!

In [157-28-G], the following files are also infringing:
in lxrun:

elf.h
msg.h
sem.h
shm.h

So what do we find in lxrun?

elf.h
msg.h
sem.h
shm.h

By golly, there is ELF again! Further, as an added bonus, we get
infringement of Sandeep Gupta's IPC interface of shared memory,
semaphores, and messaging!!!

All distributed by The SCO Group - copyright notices not included.

10:29:05 PM


Exhibit G: The Missing Files

sk43999

August 1, 2006

MEMO
To: Brent Hatch
From: IV board
Subject: Missing files

In [157-28], your letter of April 19, 2004 to Todd Shaughnessy, you
provided a number of materials evincing SCO's compliance with the Order of
Magistrate Judge Wells entered on March 3, 2004. Paragraph 4 of that
Order states "SCO is to provide and identify with specificity all lines of
code in Linux that it claims rights to." It is our understanding that
recently there has been some controversy regarding your compliance with
this paragraph.

In paragraph 4 of your letter, you state "SCO, based on the information
currently available, has identified all lines of code in Linux to which it
claims rights. In addition to the information previously provided in
SCO's supplemental answers to interrogatories, SCO has identified
additional lines or files of code in which SCO claim rights in Exhibit G.
These files comprise an additional approximately 240,000 lines of code."

However, a review of Exhibit G reveals that the exhibit is missing a
number of files to which SCO likely DOES have rights. These files are
identifiable in that their list of authors includes one or more persons
who have email addresses at either caldera.com, caldera.de, sco.com, or
(in one case), by an explicit acknowledgement. These excluded files, to
which you appear to have rights, include:

tlan.h
drm_context.h
kgdb.h
af_ipx.c
af_spx.c
slip.c
advansys.c
sla1.c
hashdriver.c
adler32.c
tlan.c
microcode.c
kgdb_stub.c
nm256_audio.c
essolo1.c
sonicvibes.c
maestro.c
rme96xx.c
smpboot.c (SMP support acknowledged)

With respect to these files:

1. SCO, as the copyright owner of the lines of code and/or documentation
incorporated in the above files, has contributed and authorized these
lines of code, or the documentation related thereto, for use in Linux as
specified under part 0, or other provision, of the GPL.

2. SCO, as the copyright owner of the lines of code and/or documentation
incorporated in the above files, has granted a license to any party that
knowingly authorized use of these files or lines of code outside a
UNIX-based distribution.

3. All the above files or lines of code, or files and lines of code
similar thereto, have appeared in major releases of Linux and have also
appeared in SCO's redistribution of Linux. At the time it redistributed
Linux, SCO was aware that its intellectual property had been copied and
placed into Linux with SCO's authorization and consent.

We hope this information is of assistance to you in commplying with
Magistrate Judge Wells' Order.

Best Regards,

The IV Board

8:52:54 PM


SCO: lxrun still available

sk43999

August 2, 2006

For those who missed out on snagging a copy of binutils, the fun
still continues. lxrun is still available on the ftp site. This
package brimming with features such as:

ELF
ABI files (yes, THOSE ABI files)
SysV IPC (shared memory, messaging, semaphores)
All copyright management information stripped from these header files:

a.out.h
errno.h
ioctl.h
ipc.h
signal.h
stat.h
elf.h
msg.h
sem.h
shm.h

Grab your copy before the supply runs out!

ftp://ftp2.sco.com/pub/skunkware/src/emulators/lxrun-0.9.0-src.tar.gz

8:20:32 AM 


The continuing Saga of binutils II. GPL License Breach

sk43999

August 3, 2006

MEMO
To: The SCO Group
From: The IV Board
Subject: Missing file

Today (Aug 3, 2006) we downloaded a binary copy of binutils from your
website ftp2.sco.com. We were quite excited, because, even though this
particular copy is not part of a Linux distribution, it nevertheless
appears to be filled with a considerable amount of the same infringing
material as is identified in Exhibit G, particularly "ELF". We thought
that you would be interested in knowing about this material since, in
[707], a memorandum of yours currently before the US District Court in
Utah, you state that "[Dr. Thomas Cargill] ... opines that Linux is a
substantial copy of UNIX System V Release 4 ("SVr4") because it
appropriated ... the ELF format ..."

We were also excited to find a friendly copy of the General Public License
in some of the files, which means that source code must also be available.
Our excitement turned to dismay, however, when we found these instructions for
obtaining the source code: "The source to all of the SCO Skunkware
components is archived and freely downloadable at
http://www.sco.com/skunkware/src/". Our attempt to acces this URL led to
the message:

"Forbidden

You don't have permission to access /skunkware/src/ on this server."

Undeterred, we tried to find the source code at
ftp2.sco.com/skunkware/src/. We found the file "CONTENTS.html" with a
link to ftp://ftp2.sco.com/skunkware/src/misc/binutils-2.8.1.tar.gz, but,
alas, that file does not exist. In short, we are unable to find the
source code on any of your servers.

It appears that you are in violation of the GPL. We thought at first that
this product might be covered under your SCO Intellectual Property
Compliance License for Linux, but that cannot be since this binary
copy is not a part of a Linux distribution. We know that license compliance is
important to you because, as you state in the "SCO Code of Conduct and Ethics
Policy - Final":

"III. We Comply With all Law, Rules, and Regulations

... prohibiting the unauthorized use, reproduction, or distribution of any
third party's ... copyrighted information ..."

Therefore, we would like to suggest that you might want to install or restore
a copy of binutils-2.8.1.tar.gz to its rightful place and cure this license breach.

Best Regards,

The IV board

8:41:38 PM


Documentation on binutils

sk43999

August 5, 2006

For those who would like to know more about binutils, the following links
provide considerable information:

Description
http://docsrv.sco.com:8457/en/Guides/Linux-From-Scratch/aa-binutils.html

Installation
http://docsrv.sco.com:8457/en/Guides/Linux-From-Scratch/ch05-binutils.html

Cross-compiling
http://docsrv.sco.com:8457/en/Howto/MIPS/MIPS-HOWTO-9.html

Linking ELF binaries
http://docsrv.sco.com:8457/cgi-bin/man?mansearchword=ld&mansection=1

11:22:00 AM


binutils source code from SCO - Second Opportunity!

sk43999

August 5, 2006

MEMO
To: The SCO Group
From: The IV Board
Subject: Missing file - FOUND!!!

Recently we pointed out that you might be in violation of the GPL due to
the fact that you are distributing a binary copy of the "binutils"
package, apparently without providing the matching source code. [In case
you are curious, the binary copy is part of "skunk-7.1.1.iso", available on
your server ftp.iso.caldera.com.] However, we are pleased to report that
we were in error - you are, in fact providing the source code, in full
compliance with the GPL. As you are well aware, it is located at

ftp://ftp.sco.com/pub/openserver5/opensrc/source/gnutools-5.0.7Kj-SRC.tar.bz2

and has been since Aug 4, 2003, 4 months after you filed your lawsuit
against IBM. Further, it contains, not the crufty old version 2.8.1 that
is found on the iso, but rather the more modern version 2.14, which is the
same version identified (by version, file, and line-of-code - Judge
Wells would be proud) by Brent Hatch, April 19, 2004 in Exhibit G, with
respect to which he stated:

"1. SCO, as the copyright owner of the source code and/or documentation
upon which the following files and lnes of code were copied or derived,
has never contributed or authorized these lines of code, or the
documentation related thereto, for use in Linux as specified in part 0, or
any other provisions, of the GPL.

2. SCO, as the copyright owner of source code and/or documentation upon
which the following files and lines of code were copied or derived, has
never granted a license to any party that knowingly authorized use of
these files or lines of code outside a UNIX-based distribution.

3. All of the following files or lines of code, or files and lines similar
thereto, have appeared in major releases of Linux, and have also appeared
in SCO's redistribution of Linux. At the time it redistributed Linux, SCO
was not aware that its intellectual property had been copied or
misappropriated and placed into Linux without SCO's authorization or
consent."

We would also like to note that you are making good use of still more modern
versions of "binutils". On Oct 14, 2005, more that 1 year after Brent
Hatch flagged "binutils" as infringing SCO's rights, your employee Kean
Johnston submitted a large patch to the "gcc" project with the following
documentation regarding how to compile the newest versions of "gcc" on
OpenServer:

"You will need a patched version of a modern GNU binutils (2.16.91.0.3 or
later). Hopefully the required patches for SCO support will be accepted
in time for the next release of binutils."

We apologize for any unwarranted aspersions we may have cast on you and we
applaud your efforts to remain compliant with the GPL. Please, keep up
the good work!

Best Regards,

The IV Board

6:03:19 PM


ftp.iso.caldera.com unavailable?

sk43999

August 9, 2006

ftp ftp.iso.caldera.com
...
530 Max users connected. See http://www.caldera.com/download/mirrors.html
421 Service not available, remote server has closed connection
Login failed.
No control connection for command: Permission denied

This site is/was where skunkware (new and improved, with binary
binutils!) ISOs were being distributed. Should they now be called
infringeware?

12:04:40 AM


Source: Investor Village SCO Board [ http://www.investorvillage.com/smbd.asp?mb=1911 ]

Copyright 2006