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SCO's 294 Alleged Violations

An investigation into SCO's sealed Final Disclosure, reverse engineered from court documents in SCO v IBM (U.S. District Court, District of Utah, case number 2-03-cv-294, and US Court of Appeal Tenth Circuit, docket no. 16-4040). Dedicated in gratitude to each of the developers named below.

Methodology

Although the allegations are still sealed, passing references have appeared regularly in open court documents and oral arguments. The accumulation of those references has revealed just how insubstantial SCO's allegations were. Furthermore, it has often been possible to expand on those references by searching via Google for the precise words used in each reference: this has often led directly to the original communication (for example, on a public technical mailing list) which SCO sought to portray as a violation of their rights. Whenever that communication pertains to open source code, the code in question was (and still is) publicly available for the study and debunking of the alleged violation (which is, of course, why SCO strove to keep the allegations secret).

Statistics

Items in SCO's Final Disclosure 294 217 in Interim Disclosure 2004-10-28 [SCO 542 p.2]
294 in Final Disclosure 2004-12-22 [SCO 589 p.2 incorrectly states total 293]
Precluded by [718]
(too vague)		 187 200 requested: items 2-112, 143-149, 165-182, 186-193, 204, 232-271, 279-293
2 requests withdrawn: items 2, 204
11 requests denied: items 23, 43, 90, 94, 186-192
187 requests granted: items 3-22, 24-42, 44-89. 91-93, 95-112, 143-149, 165-182, 193, 232-271, 279-293
of which 5 were moved for reconsideration [894] but subsequently foreclosed [1123]: 3-4, 15, 279-280
Dismissed by [1123]
(contractual)		 43 items 1, 2, 23, 43, 90, 94, 113-142, 186-192
Dismissed by [1132]
(copyright)		 47 57 dismissed: items 150-164, 183-185, 194-231, 272
10 appealed: items 194-203
Abandoned by SCO 7 6 re. use of SVID spec: items 273-278
1 'numerous kernel patches': item 294
Under Appeal 10 10 (Monterey/AIX): items 194-203
Percent of items still ongoing 3.4% Linux-related: 0 (zero)

Recent changes

v11.0 4 January 2017 Updated items: 194-203 re. IBM Appeal Brief Appx A; 279, 280.
v10.1 13 July 2010 Updated items: 205-231 and 272 (the Kevin Trove); 10, 17, 92, 100, 183 and 184.

External hyperlinks are marked thus: external link icon
Dead external hyperlinks are marked thus: dead link icon

The Items

Item Status and
Procedural History		 Allegation
IBM 835 Exh 588 pp#45-47 unless otherwise noted		 Detail
1 Defunct
[780]
[913]
[1123] dismissed 		Disclosure of AIX JFS Journaling File System
[SCO 707 p.6] 		Breach of contract relating to the AIX operating system [IBM 832-2 p.63]. Only one of the Items identifies any UNIX System V source code. That Item identifies 17 lines of code from one version of a UNIX System V file. SCO's experts do not address this file in their expert reports. SCO does not allege that IBM disclosed this file to Linux or otherwise [IBM 832-2 p.63]. The Final Disclosures alleged IBM "literally copied code from Unix System V Release 2.1" and identified one System V file and one AIX file [IBM 696 p.9]. Literally copied code from Unix System V Release 2.1 is present in PFS [SCO 707 p.7]. Barry Arndt: "SCO has alleged in Item 1 of its Final Disclosures that I disclosed the "AIX JFS Journaling File System" to Linux. I did not." [IBM 835 Exh 162]. Steve Best [IBM 835 Exh 168]. David Kleikamp [IBM 835 Exh 218]. Mark Peloquin [IBM 835 Exh 243]. Ben Rafanello [IBM 835 Exh 248].
2 Defunct
[619]
[669]
[780]
[1123] dismissed		 Read-Copy-Update code
[SCO 724 p.8] 		Breach of contract relating to the Dynix operating system [IBM 832-2 p.63]. IBM's motion to limit included one Item inadvertently (No. 2) [IBM 657 p.2 fn1]. IBM's challenges to Item Numbers 2 and 204 were withdrawn [SCO 669 Exh B]. Paul McKenney [IBM 835 Exh 231]. Dipankar Sarma [IBM 835 Exh 258].
3 Defunct
[619]
[718] precluded
[894]
[1123] foreclosed 		NUMA Aware locks from ptx to Linux NUMA/ptx locking routines contributed to Linux. The December Submission states (at 5) that the "code in the 4 associated source code files appeared in a patch for the 2.4.6 kernel" and provides an internet address for the patch [SCO 724 p.35]. Relates to the deposition of Tim Wright [SCO 725 pp.3-4]. SCO seeks new depositions of Wright, Lindsley, Huizenga and Vogel [IBM 950 pp.5-6]. Not negative know how [IBM 950 p.10].
  • See http://lse.sourceforge.net/numa/locking/.
    Linux kernel files touched by the patches on that page:
    arch/i386/kernel/numalock.c
    arch/ia64/kernel/numalock.c
    include/asm-i386/numalock.h
    include/asm-ia64/numalock.h
4 Defunct
[619]
[718] precluded
[894]
[1123] foreclosed 		Disclosure of Dynix/PTX NUMA-aware spinlocks and statement that they have been ported to Linux SCO seeks new depositions of Wright, Lindsley, Huizenga and Vogel [IBM 950 pp.5-6]. Not negative know how [IBM 950 p.10].
  • See lse-tech post by Jack Vogel.
    Linux kernel files touched by the patch in that post:
    arch/i386/kernel/irq.c
    arch/i386/kernel/numalock.c
    include/asm-i386/numalock.h
    include/asm-i386/smplock.h
5 Defunct
[619]
[718] precluded		 Disclosure of Dynix/PTX "jlock" by porting it to Linux
6 Defunct
[619]
[718] precluded		 Disclosure of "decoder ring" with ptx primitives in column 1 and the closest Linux equivalent in column 2  
7 Defunct
[619]
[718] precluded		    
8 Defunct
[619]
[718] precluded		 Confirmation that all ptx optimizations are in patch submitted to Linux by D. Sarma
9 Defunct
[619]
[718] precluded		 Disclosure of several internal implementation details of the Dynix/PTX NUMA API
[IBM 981-H p#5] 		SCO refers to a password-protected IBM website [IBM 620 p.4 fn2]. SCO has claimed that disclosure of an API is a violation of its rights [IBM 981-H p#5]
10
 Defunct
[619]
[718] precluded		 Port of highly parallel distributed lock manager from ptx to Linux One of SCO's less precise items [IBM 657 pp.7-8].
  • The Distributed Lock Manager for Linux (DLM) project was announced by Peter Badovinatz in February 2001. The DLM project was a port from AIX, and was dropped by IBM in 2003. The now-dormant OpenDLM project was its successor.
11 Defunct
[619]
[718] precluded		 Port of Sequent SPIE test suites to Linux SCO refers to a password-protected IBM website [IBM 620 p.4 fn2]. Includes lines and files of testing technology [SCO 707 p.8 fn2].
12 Defunct
[619]
[718] precluded		 Evidence of disclosure of ptx RCU into Linux  
13 Defunct
[619]
[718] precluded		    
14 Defunct
[619]
[718] precluded		    
15 Defunct
[619]
[718] precluded
[894]
[1123] foreclosed 		Detailed disclosure of ptx NUMA-aware locks for adaptation and use in Linux Not negative know how [IBM 950 p.10].
16 Defunct
[619]
[718] precluded		 O_Direct ptx SPIE tests ported to Linux and also disclosed in documentation to "Andrea" IBM contributed 15 testing files to Linux [IBM 696 p.9]. Mr. Rochkind quotes the same email as Item 16 and provides the same level of detail (what little there is) as Item 16. The only difference between Item 16 and Mr. Rochkind's new material is that Mr. Rochkind simply adds 73 additional files to Item 16's list of 15 files [IBM 968 p.33].
17
 Defunct
[619]
[718] precluded		 Port of discontiguous memory code from ptx to Linux 2.5
  • See the Linux Scalability Effort NUMA page at "Discontigmem"
18 Defunct
[619]
[718] precluded		 150,000 lines of testing code ported from ptx spie test suites to Linux Test Project. Additional test suites and test cases ported from ptx and AIX to Linux. SCO refers to a password-protected IBM website [IBM 620 p.4 fn2]. Includes lines and files of testing technology [SCO 707 p.8 fn2].
19 Defunct
[619]
[718] precluded		 Disclosure of Dynix/PTX implementations of NUMA-aware locking  
20 Defunct
[619]
[718] precluded		 Confirmation that ptx was used as source reference for Linux development  
21 Defunct
[619]
[718] precluded		    
22 Defunct
[619]
[718] precluded		 Port of ptx NUMA code to Linux  
23 Defunct
[619]
[718] upheld
[780]
[1123] dismissed		 Disclosure of problems with the error event subsystem (EES) used in PTX
[IBM 835 Exh 292] 		Breach of contract relating to the Dynix operating system [IBM 832-2 p.63]. Martin Bligh [IBM 835 Exh 292]. A disclosure of negative knowhow, where they are discussing how not to do something, to avoid a blind alley, which is part, we would submit, of the confidential information protected by our agreements. And you have an express discussion in e-mail by another identified IBM employee; in this case, Martin Bligh. It relates to the way Dynix and ptx used this system. He states, quote, "We are trying to get for Linux the benefits of blank --" you have that -- "without the associated pain." [Hearing 2006-04-14 p.55]. The material was disclosed in marketing materials [Hearing 2007-03-01 p.27].
24 Defunct
[619]
[718] precluded		 Confirmation that ptx was used as source reference for Linux development  
25 Defunct
[619]
[718] precluded		 Use of ptx and AIX technology as roadmap for Linux in various significant areas (locks, counters, search trees, allocators and RDBMS)  
26 Defunct
[619]
[718] precluded		    
27 Defunct
[619]
[718] precluded		 Transferring ptx source code to AIX developers  
28 Defunct
[619]
[718] precluded		 Disclosure of implementation of reference counters from ptx to Linux  
29 Defunct
[619]
[718] precluded		    
30 Defunct
[619]
[718] precluded		    
31 Defunct
[619]
[718] precluded		 Implementation of ptx locking algorithms in Linux  
32 Defunct
[619]
[718] precluded		 Submission of NUMA APIs from Dynix/ptx and AIX to open source, release of krlock from ptx to Linux and AIX, and suspected release of NUMA-aware locks to Linux Item No. 32 (Tab 22) [SCO 724 p.42]. Tab 22, this is another method and concept dealing with multi processing from Dynix into AIX and from Dynix into AIX for use in Linux. [...] Mr. [McKenney]. You have specific e-mails [...] which embrace the disclosure. You have deposition testimony where, at page 255, there is admission and there were disclosures from ptx and AIX. And [...] you have admissions that certain Sequent technology, subject to contractual protection, was contributed to the AIX kernel and used to enhance AIX [Hearing 2006-04-14 p.55].
33 Defunct
[619]
[718] precluded		 Authorization for open-source disclosure of AIX and ptx NUMA-aware locking primitives  
34 Defunct
[619]
[718] precluded		    
35 Defunct
[619]
[718] precluded		   Item 35 faulted IBM for an alleged "disclosure of how Dynix/PTX dealt with this problem" and cited a one-page email containing the minutes to a conference call as well as an unrelated presentation dated more than three years after the conference call. SCO identified three Linux files that it claimed contained the allegedly misused material, but no versions or lines code for these Linux files. There was not even a hint of where Dynix/ptx actually "dealt with this problem". [IBM 748 p.57].
36 Defunct
[619]
[718] precluded		    
37 Defunct
[619]
[718] precluded		    
38 Defunct
[619]
[718] precluded		 Checking Updates in Memory
[Hearing 2006-10-24 p.14] 		Misappropriation in the form of non-literal transfers of methods, structures and sequences from System V contributed to Linux [SCO 724-A p.3]. This is a disclosure of a method and concept that actually goes back to UNIX System V. It relates to an automatic method of checking for updates in memory. [...] the IBM employee, Mr. Irwin, who made the disclosure. [...] it shows the actual e-mail of how this should be handled, an express reference to SVR4, which is System V release four, which prove that there are, and then it goes on to get into the merits of the method and concept [Hearing 2006-04-14 p.54]. The Minutes from the February 21, 2003 teleconference during which the disclosure was made are referenced, as are the specific Linux files involved [SCO 724 p.42]. SCO expressly included some of the Disputed Items in its copyright claim [IBM 748 p.41]. Copyright infringement [IBM 838-1 p.48].
39 Defunct
[619]
[718] precluded		 Use of ptx as source reference for programming Linux  
40 Defunct
[619]
[718] precluded		    
41 Defunct
[619]
[718] precluded		 Use of ptx as source reference for memory programming in Linux  
42 Defunct
[619]
[718] precluded		    
43 Defunct
[619]
[718] upheld
[780]
[1123] dismissed		   Breach of contract relating to the Dynix operating system [IBM 832-2 p.63]. Negative know how, learning from TCP failures to help networking and storage for Linux [Order 718 p.36]. The material had nothing to do with Dynix/ptx [Hearing 2007-03-01 p.26]. Possibly related to the deposition of Tim Wright [IBM 981-A2 p.115, referring to sealed IBM 835 Exh 507].
44 Defunct
[619]
[718] precluded		    
45 Defunct
[619]
[718] precluded		    
46 Defunct
[619]
[718] precluded		   Item No. 46 is a February 26, 2003 email exchange between IBM developers Martin Bligh, James Cleverdon and a public Linux mailing list in which Bligh and Cleverdon describe a "bug fix" Bligh made to Linux and how it was based on the method from Dynix/ptx. SCO actually cited the files and lines where this code occurs in Linux. [...] Moreover, these same lines of Linux source were included in the patch Bligh disclosed to Linux, which SCO included as December Submission Item 236 [SCO 724 pp.43-44].
47 Defunct
[619]
[718] precluded		    
48 Defunct
[619]
[718] precluded		    
49 Defunct
[619]
[718] precluded		    
50 Defunct
[619]
[718] precluded		    
51 Defunct
[619]
[718] precluded		    
52 Defunct
[619]
[718] precluded		    
53 Defunct
[619]
[718] precluded		 Semaphores
[Hearing 2006-10-24 p.14] 		Method used in Dynix to handle semaphores (which are used in "locking" to restrict access to shared resources in a multiprocessing environment) [SCO 724 p.42]. This is a method and concept which deals with improving locking [...] an IBM employee, Mr. Wright [...] It refers to the e-mails and quotes them, where those were actually made to a Daniel Phillips, who was a Linux developer, and it makes specific references that they are getting this from Dynix/ptx. You have references that this method, this particular method, quote, "is not currently used in Linux." You have another reference at the bottom of that page saying the classic quoting style in Dynix/ptx is then and goes on and provides source code in the context of the e-mail saying that this is the right way to go about it [Hearing 2006-04-14 p.53]. Possibly related to Item 85 and Item 294 [SCO 725].
54 Defunct
[619]
[718] precluded		    
55 Defunct
[619]
[718] precluded		 Disclosure of Dynix/PTX code and method for avoiding a lock via "cut-and-paste from ptx code". Possibly related to Item 146 and Item 294 [SCO 725].
56 Defunct
[619]
[718] precluded		    
57 Defunct
[619]
[718] precluded		    
58 Defunct
[619]
[718] precluded		   Discloses methods in Dynix/ptx for avoiding shuttling shared data between CPUs, so as to improve NUMA performance [IBM 981-H p#2]
59 Defunct
[619]
[718] precluded		    
60 Defunct
[619]
[718] precluded		    
61 Defunct
[619]
[718] precluded		   Disclosure that high performance VM efforts in Dynix/PTX resulted in good TLB (translation look-aside buffer) savings [IBM 981-H p#2]
62 Defunct
[619]
[718] precluded		   Possibly related to Item 63 and Item 236 [SCO 725].
63 Defunct
[619]
[718] precluded		   Possibly related to Item 62 and Item 236 [SCO 725].
64 Defunct
[619]
[718] precluded		 Use of Dynix/ptx as source reference for programming memory virtual address space in Linux  
65 Defunct
[619]
[718] precluded		    
66 Defunct
[619]
[718] precluded		    
67 Defunct
[619]
[718] precluded		    
68 Defunct
[619]
[718] precluded		   Disclosure that hand-placing/binding are frequently used in Dynix/ptx for benchmarks, in tuning customer applications, and in working around performance bugs [IBM 981-H p#2]. A three page email on performance tuning [IBM 981-H p#6].
69 Defunct
[619]
[718] precluded		    
70 Defunct
[619]
[718] precluded		    
71 Defunct
[619]
[718] precluded		    
72 Defunct
[619]
[718] precluded		    
73 Defunct
[619]
[718] precluded		    
74 Defunct
[619]
[718] precluded		   Discloses method used in Dynix/ptx for keeping related processes together so as to improve performance for Oracle and BAAN applications [IBM 981-H p#2]
75 Defunct
[619]
[718] precluded		    
76 Defunct
[619]
[718] precluded		    
77 Defunct
[619]
[718] precluded		    
78 Defunct
[619]
[718] precluded		    
79 Defunct
[619]
[718] precluded		 Confirmation that an earlier RCU patch was based on the Dynix/PTX algorithm  
80 Defunct
[619]
[718] precluded		    
81 Defunct
[619]
[718] precluded		    
82 Defunct
[619]
[718] precluded		 Disclosure that patch is based on the Dynix/PTX implementation, and that it uses a per-CPU context-switch counter
83 Defunct
[619]
[718] precluded		    
84 Defunct
[619]
[718] precluded		 Discloses RCU patches, and acknowleges that they were based on original Dynix/PTX code  
85 Defunct
[619]
[718] precluded		   Possibly related to Item 53 and Item 294 [SCO 725].
86 Defunct
[619]
[718] precluded		   In 1998 Paul E. McKenney and John D. Slingwine (the inventors of RCU) wrote a paper titled 'Read-Copy-Update: Using Execution History to Solve Concurrency Problems' which appeared in the October 1998 Parallel and Distributed Systems conference. This paper forms the basis of Item 86 [IBM 981 p.87 fn61].
87 Defunct
[619]
[718] precluded		 Disclosure of Dynix/PTX RCU code, documentation, and API  
88 Defunct
[619]
[718] precluded		    
89 Defunct
[619]
[718] precluded		    
90 Defunct
[619]
[718] upheld
[780]
[1123] dismissed		 Disclosure of problems with PTX's method for event logging
[IBM 835 Exh 292] 		Breach of contract relating to the Dynix operating system [IBM 832-2 p.63]. Negative know how, avoiding a logging event that caused problems in PTX [Order 718 p.36]. Martin Bligh [IBM 835 Exh 292]. The material was disclosed in marketing materials [Hearing 2007-03-01 p.27].
91 Defunct
[619]
[718] precluded		 Dynix/ptx RCU facilities in AIX  
92
 Defunct
[619]
[718] precluded		 Information that IBM contributed Dynix/PTX code to Linux from "michael," who appears to be a former Sequent employee. Possibly M. Anderson. An anonymous posting somewhere on the internet by a person purported to be called Michael, purported to have been a former employee of IBM saying that Sequent didn't get into the business of contributing Dynix/ptx code to Linux, IBM did. That's it. While we could in theory search the haystack of this code for the allegedly misued information, the real problem here, Your Honor, is that the needles that we have been sent to find are undefined needles [Hearing 2006-10-24 pp.54-55].
93 Defunct
[619]
[718] precluded		   For some of the Items (e.g., Item 93), the Final Disclosures reveal little more than the minimal description found in SCO's Complaint [IBM 672 p.8]. It says IBM made NUMA contributions [Hearing 2006-04-14 p.66].
94 Defunct
[619]
[718] upheld
[780]
[1123] dismissed		 Statement as to the value to LTC of having worked at Sequent on NUMA and SMP
[IBM 835 Exh 293] 		Breach of contract relating to the Dynix operating system [IBM 832-2 p.63]. Patricia Gaughen: "As far as I am aware, all IBM's Linux contributions relating to NUMA and SMP were original IBM works." [IBM 835 Exh 293]. The material had nothing to do with Dynix/ptx [Hearing 2007-03-01 p.26].
  • Possibly relates to: 'during an interview with Linux Magazine about the state of the Linux kernel in 2001, IBM programmer Patricia Gaughen stated that Linux was "not where the proprietary Unixe[s] are yet, but we are making much faster progress due to the experienced Dynix/IRIX/AIX/SN1/Yalnix/ <fill_in_the_blank> hackers"' [SCO 724 p.50 fn15]. See 'State of the Kernel' 2002-01-15, which features Ms Gaughen, but not the words of which SCO complains (possibly an unused part of an email interview).
95 Defunct
[619]
[718] precluded		    
96 Defunct
[619]
[718] precluded		    
97 Defunct
[619]
[718] precluded		    
98 Defunct
[619]
[718] precluded		 Use of ptx NUMA internals in Linux SCO refers to a password-protected IBM website [IBM 620 p.4 fn2].
99 Defunct
[619]
[718] precluded		 NUMA aware spinlocks developed originally for ptx ported to Linux
100
 Defunct
[619]
[718] precluded		 Sequent Lock Manager (SLM) ported from ptx to Linux 2.4 using RCU locks and patches of other ptx primitives
  • See the DLM project's cllockd.changes documentation: "This is shamelessly lifted from the Sequent Lock Manager model"
101 Defunct
[619]
[718] precluded		    
102 Defunct
[619]
[718] precluded		 Suspected disclosure of AIX APIs to SuSE for use in Linux and disclosure of training slideset on ptx scheduler for use in Linux scheduler maintenance  
103 Defunct
[619]
[718] precluded		 Disclosure of AIX and ptx APIs for NUMA in Linux  
104 Defunct
[619]
[718] precluded		 Confirmation of intended disclosure of design documents and API descriptions from ptx to SuSE  
105 Defunct
[619]
[718] precluded		 Suspected disclosure of AIX and ptx design documents to SuSE  
106 Defunct
[619]
[718] precluded		    
107 Defunct
[619]
[718] precluded		 Reference to ptx source when creating Linux RCU  
108 Defunct
[619]
[718] precluded		 Suspected use of SMP scaling data points from AIX and ptx for use in Linux "The SMP-scaling work will necessarly be high-level, but we can get (very rough) data points from AIX and ptx" [IBM 981-H p#4]
109 Defunct
[619]
[718] precluded		 Use of ptx design information (Macsyma scripts) to do rclock performance analysis in Linux for NUMA and SMP Possibly related to Item 6 [SCO 725]. Seems to say that an internal tool was used first with Dynix/ptx, then later was used with Linux [IBM 835 Exh 588 p#74].
110 Defunct
[619]
[718] precluded		    
111 Defunct
[619]
[718] precluded		    
112 Defunct
[619]
[718] precluded		 Suspected disclosure of System V package tools for use by Verizon in Linux Misappropriation in the form of non-literal transfers of methods, structures and sequences from System V contributed to Linux [SCO 724-A p.3]. SCO expressly included some of the Disputed Items in its copyright claim [IBM 748 p.41]. Copyright infringement [IBM 838-1 p.48].
113 Defunct
[780]
[913]
[1123] dismissed 		  Breach of contract relating to the Dynix operating system. Code from Sequent's SPIE Test Suites as well as code from the Linux Test Project. None of that testing code is part of either the Dynix or Linux operating systems [IBM 832-2 p.64]. Wayne Boyer [IBM 835 Exh 173]. John George [IBM 835 Exh 196]. Total approximately 9000 lines of code [Hearing 2006-11-30 p.9]. The e-mail on which SCO's expert, Mr. Rochkind, relies in saying that the Linux LTP contribution was actually from DYNIX is talking about a different set of LTP code than that which is at issue in this case. Mr. Rochkind's testimony is unsupportive of SCO's position. [Hearing 2007-03-01 p.56].
114 Defunct
[780]
[913]
[1123] dismissed 		  Breach of contract re. SPIE Test Suites. As Item 113 above.
115 Defunct
[780]
[913]
[1123] dismissed 		  Breach of contract re. SPIE Test Suites. As Item 113 above.
116 Defunct
[780]
[913]
[1123] dismissed 		  Breach of contract re. SPIE Test Suites. As Item 113 above.
117 Defunct
[780]
[913]
[1123] dismissed 		  Breach of contract re. SPIE Test Suites. As Item 113 above.
118 Defunct
[780]
[913]
[1123] dismissed 		  Breach of contract re. SPIE Test Suites. As Item 113 above.
119 Defunct
[780]
[913]
[1123] dismissed 		  Breach of contract re. SPIE Test Suites. As Item 113 above.
120 Defunct
[780]
[913]
[1123] dismissed 		  Breach of contract re. SPIE Test Suites. As Item 113 above.
121 Defunct
[780]
[913]
[1123] dismissed 		  Breach of contract re. SPIE Test Suites. As Item 113 above.
122 Defunct
[780]
[913]
[1123] dismissed 		  Breach of contract re. SPIE Test Suites. As Item 113 above.
123 Defunct
[780]
[913]
[1123] dismissed 		  Breach of contract re. SPIE Test Suites. As Item 113 above.
124 Defunct
[780]
[913]
[1123] dismissed 		  Breach of contract re. SPIE Test Suites. As Item 113 above.
125 Defunct
[780]
[913]
[1123] dismissed 		  Breach of contract re. SPIE Test Suites. As Item 113 above.
126 Defunct
[780]
[913]
[1123] dismissed 		  Breach of contract re. SPIE Test Suites. As Item 113 above.
127 Defunct
[780]
[913]
[1123] dismissed 		  Breach of contract re. SPIE Test Suites. As Item 113 above.
128 Defunct
[780]
[913]
[1123] dismissed 		  Breach of contract re. SPIE Test Suites. As Item 113 above.
129 Defunct
[780]
[913]
[1123] dismissed 		  Breach of contract re. SPIE Test Suites. As Item 113 above.
130 Defunct
[780]
[913]
[1123] dismissed 		  Breach of contract re. SPIE Test Suites. As Item 113 above.
131 Defunct
[780]
[913]
[1123] dismissed 		  Breach of contract re. SPIE Test Suites. As Item 113 above.
132 Defunct
[780]
[913]
[1123] dismissed 		  Breach of contract re. SPIE Test Suites. As Item 113 above.
133 Defunct
[780]
[913]
[1123] dismissed 		  Breach of contract re. SPIE Test Suites. As Item 113 above.
134 Defunct
[780]
[913]
[1123] dismissed 		  Breach of contract re. SPIE Test Suites. As Item 113 above.
135 Defunct
[780]
[913]
[1123] dismissed 		  Breach of contract re. SPIE Test Suites. As Item 113 above.
136 Defunct
[780]
[913]
[1123] dismissed 		  Breach of contract re. SPIE Test Suites. As Item 113 above.
137 Defunct
[780]
[913]
[1123] dismissed 		  Breach of contract re. SPIE Test Suites. As Item 113 above.
138 Defunct
[780]
[913]
[1123] dismissed 		  Breach of contract re. SPIE Test Suites. As Item 113 above.
139 Defunct
[780]
[913]
[1123] dismissed 		  Breach of contract re. SPIE Test Suites. As Item 113 above.
140 Defunct
[780]
[913]
[1123] dismissed 		  Breach of contract re. SPIE Test Suites. As Item 113 above.
141 Defunct
[780]
[913]
[1123] dismissed 		  Breach of contract re. SPIE Test Suites. As Item 113 above.
142 Defunct
[780]
[913]
[1123] dismissed 		  Breach of contract re. SPIE Test Suites. As Item 113 above.
143 Defunct
[619]
[718] precluded		 Disclosure of nineteen test suites from ptx to Linux Test Project Includes lines and files of testing technology [SCO 707 p.8 fn2].
144 Defunct
[619]
[718] precluded		 Disclosure of Dynix/ptx and AIX algorithms and techniques via the K42 development project  
145 Defunct
[619]
[718] precluded		 Evidence of IBM's building on ptx performance and correctness experience in coding Linux  
146 Defunct
[619]
[718] precluded		 Use of Dynix/ptx for Linux development Method and concept [SCO 724 p.8]. Item 146, one of SCO's more precise items, faults IBM for "Use of Dynix/ptx for Linux development" [IBM 657 pp.7-8] by reference to: (1) an email asking for help with a performance problem, (2) an email response with a suggested analysis technique (differential profiling), (3) a technical paper written by Paul McKenney, (4) a URL reference to scripts that might be of help, and (5) a list of 11 Linux files (names only, no versions or lines) [IBM 835 Exh 588 p#12]. The idea is to compare corresponding buckets of the profile data to determine which portion of the code is most responsible for the slowdown [IBM 835 Exh 588 p#14]. Possibly related to Item 55 [SCO 725 p.6]. Mr Rochkind couldn't go behind IBM's apparent protection on the internet to get at that source code because it's on an internal IBM server where that source code is located and so the most we could do is identify the reference to where it could be found [Hearing 2006-10-24 p.12]. 4 of the 11 Linux filenames in SCO's Item 146 are simply incorrect: there is no Linux file named
arch/i386/oprofile/rmi_int.c,
arch/i386/oprofile/rmi_int.h,
arch/i386/oprofile/op_counter.c, or
arch/i386/oprofile/op_x86_model.c
There are files whose names are close to these, and are likely what was intended, but this presents yet another step IBM must take to determine what SCO actually means [IBM 835 Exh 588 p#19 fn4].
147 Defunct
[619]
[718] precluded		 Delivery of 400 ptx test cases to Linux Test Project  
148 Defunct
[619]
[718] precluded		 Coding Linux equivalent for kmem goodptr primitive; ported ktest rc from ptx to Linux  
149 Defunct
[619]
[718] precluded		 Emulation of the SVR4 system implementation in memory mapping Misappropriation in the form of non-literal transfers of methods, structures and sequences from System V contributed to Linux [SCO 724-A p.3]. SCO expressly included some of the Disputed Items in its copyright claim [IBM 748 p.41]. Copyright infringement [IBM 838-1 p.48].
150 Defunct
[785]
[1132] dismissed		   Copyright: Streams material (LiS header files) [IBM 838-1 p.15 and pp.48-49]. Line-for-line code copied from System V into STREAMS modules used by, among others, enterprise Linux customers to operate "Carrier Grade Linux" [SCO 724-A p.2]. Distributed in Caldera Network Desktop and Caldera OpenLinux under the GPL [IBM 838-1 p.11 and p.14]. 4.4BSD-Lite material outside the control of SCO and its alleged predecessors [IBM 838-2 p.70]. BSD net/2 material that predates the creation of the SVR4.2 copyrights alleged to be infringed [IBM 838-2 p.70].
151 Defunct
[785]
[1132] dismissed		   Copyright: Streams material (LiS header files). As Item 150 above.
152 Defunct
[785]
[1132] dismissed		   Copyright: Streams material (LiS header files) [IBM 838-1 p.15 and pp.56-57]. Line-for-line code copied from System V into STREAMS modules used by, among others, enterprise Linux customers to operate "Carrier Grade Linux" [SCO 724-A p.2]. Distributed in Caldera Network Desktop and Caldera OpenLinux under the GPL [IBM 838-1 p.11 and p.14]. STREAMS Header file required by POSIX.1 [IBM 838-1 p.14]. 4.4BSD-Lite material outside the control of SCO and its alleged predecessors [IBM 838-2 p.70]. BSD net/2 material that predates the creation of the SVR4.2 copyrights alleged to be infringed [IBM 838-2 p.70].
153 Defunct
[785]
[1132] dismissed		   Copyright: Streams material (LiS header files) [IBM 838-1 p.15 and pp.48-49]. Line-for-line code copied from System V into STREAMS modules used by, among others, enterprise Linux customers to operate "Carrier Grade Linux" [SCO 724-A p.2]. Distributed in Caldera Network Desktop and Caldera OpenLinux under the GPL [IBM 838-1 p.11 and p.14]. 4.4BSD-Lite material outside the control of SCO and its alleged predecessors [IBM 838-2 p.70]. BSD net/2 material that predates the creation of the SVR4.2 copyrights alleged to be infringed [IBM 838-2 p.70].
154 Defunct
[785]
[1132] dismissed		   Copyright: Streams material (LiS header files) [IBM 838-1 p.15 and pp.48-49]. Line-for-line code copied from System V into STREAMS modules used by, among others, enterprise Linux customers to operate "Carrier Grade Linux" [SCO 724-A p.2]. Distributed in Caldera OpenLinux under the GPL [IBM 838-1 p.14]. 4.4BSD-Lite material outside the control of SCO and its alleged predecessors [IBM 838-2 p.70].
155 Defunct
[785]
[1132] dismissed		   Copyright: Streams material (LiS header files) [IBM 838-1 p.15 and pp.48-49]. Line-for-line code copied from System V into STREAMS modules used by, among others, enterprise Linux customers to operate "Carrier Grade Linux" [SCO 724-A p.2]. Distributed in Caldera OpenLinux under the GPL [IBM 838-1 p.14].
156 Defunct
[785]
[1132] dismissed		   Copyright: Streams material (LiS header files). As Item 150 above.
157 Defunct
[785]
[1132] dismissed		   Copyright: Streams material (LiS header files) [IBM 838-1 p.15 and pp.48-49]. Line-for-line code copied from System V into STREAMS modules used by, among others, enterprise Linux customers to operate "Carrier Grade Linux" [SCO 724-A p.2]. Distributed in Caldera Network Desktop and Caldera OpenLinux under the GPL [IBM 838-1 p.11 and p.14]. STREAMS header file required by POSIX.1 [IBM 838-1 p.14]. 4.4BSD-Lite material outside the control of SCO and its alleged predecessors [IBM 838-2 p.70]. BSD net/2 material that predates the creation of the SVR4.2 copyrights alleged to be infringed [IBM 838-2 p.70].
158 Defunct
[785]
[1132] dismissed		   Copyright: Streams material (LiS header files) [IBM 838-1 p.15 and pp.48-49]. Line-for-line code copied from System V into STREAMS modules used by, among others, enterprise Linux customers to operate "Carrier Grade Linux" [SCO 724-A p.2]. Distributed in Caldera OpenLinux under the GPL [IBM 838-1 p.14]. BSD net/2 material that predates the creation of the SVR4.2 copyrights alleged to be infringed [IBM 838-2 p.70].
159 Defunct
[785]
[1132] dismissed		   Copyright: Streams material (LiS header files). As Item 150 above.
160 Defunct
[785]
[1132] dismissed		   Copyright: Streams material (LiS header files). As Item 150 above.
161 Defunct
[785]
[1132] dismissed		   Copyright: Streams material (LiS header files). As Item 150 above.
162 Defunct
[785]
[1132] dismissed		   Copyright: Streams material (LiS header files). As Item 150 above.
163 Defunct
[785]
[1132] dismissed		   Copyright: Streams material (LiS header files). As Item 150 above.
164 Defunct
[785]
[1132] dismissed		   Copyright: Streams material (LiS header files). As Item 150 above.
165 Defunct
[619]
[718] precluded		 Disclosure of Streams implementation from SVR4
[SCO 707 p.14] 		The whole of the Streams framework as implemented in Linux infringes SCO's copyrights [SCO 707 p.14]. Misappropriation in the form of non-literal transfers of methods, structures and sequences from System V contributed to Linux [SCO 724-A p.3]. SCO expressly included some of the Disputed Items in its copyright claim [IBM 748 p.41]. Copyright infringement [IBM 838-1 p.48].
166 Defunct
[619]
[718] precluded		 Disclosure of Streams implementation from SVR4
[SCO 707 p.14] 		The whole of the Streams framework as implemented in Linux infringes SCO's copyrights [SCO 707 p.14]. Misappropriation in the form of non-literal transfers of methods, structures and sequences from System V contributed to Linux [SCO 724-A p.3]. SCO expressly included some of the Disputed Items in its copyright claim [IBM 748 p.41]. Copyright infringement [IBM 838-1 p.48]. The basis for its claim is an email which refers to "Sun's documentation [web]site" [IBM 981-H p#9]
167 Defunct
[619]
[718] precluded		 Disclosure of SVR4 mapping of virtual memory page 0 as "read only" Misappropriation in the form of non-literal transfers of methods, structures and sequences from System V contributed to Linux [SCO 724-A p.3]. SCO expressly included some of the Disputed Items in its copyright claim [IBM 748 p.41]. Copyright infringement [IBM 838-1 p.48].
168 Defunct
[619]
[718] precluded		   Misappropriation in the form of non-literal transfers of methods, structures and sequences from System V contributed to Linux [SCO 724-A p.3]. SCO expressly included some of the Disputed Items in its copyright claim [IBM 748 p.41]. Copyright infringement [IBM 838-1 p.48].
169 Defunct
[619]
[718] precluded		 Copying from SVR4 ELF specifications for IBM S390 Linux implementation Misappropriation in the form of non-literal transfers of methods, structures and sequences from System V contributed to Linux [SCO 724-A p.3]. SCO expressly included some of the Disputed Items in its copyright claim [IBM 748 p.41]. Copyright infringement [IBM 838-1 p.48].
170 Defunct
[619]
[718] precluded		 Memory mapping page 0 as "read only", copying from SVR4 Misappropriation in the form of non-literal transfers of methods, structures and sequences from System V contributed to Linux [SCO 724-A p.3]. SCO expressly included some of the Disputed Items in its copyright claim [IBM 748 p.41]. Copyright infringement [IBM 838-1 p.48].
171 Defunct
[619]
[718] precluded		 Use of SVR4 ABI as source reference in Linux programming, revealing details of SVR4 ELF/ABI specification and use of SVR4 ELF/ABI specification to develop Linux The entirety of ELF, including the ELF specification, is being challenged. "Use of SVR4 ABI as source reference in Linux programming, revealing details of SVR4 ELF/ABI specification and use of SVR4 ELF/ABI specification to develop Linux" [SCO 707 p.13]. SCO expressly included some of the Disputed Items in its copyright claim [IBM 748 p.41]. Copyright infringement [IBM 838-1 p.48].
172 Defunct
[619]
[718] precluded		 Attempts to reference of SV43/i386 specs from SCO website as source reference for Linux programming and revealing information from SVR4/ABI specification Misappropriation in the form of non-literal transfers of methods, structures and sequences from System V contributed to Linux [SCO 724-A p.3]. SCO expressly included some of the Disputed Items in its copyright claim [IBM 748 p.41]. Copyright infringement [IBM 838-1 p.48].
173 Defunct
[619]
[718] precluded		 Use of SVR4 ABI as source reference for programming Linux Misappropriation in the form of non-literal transfers of methods, structures and sequences from System V contributed to Linux [SCO 724-A p.3]. SCO expressly included some of the Disputed Items in its copyright claim [IBM 748 p.41]. Copyright infringement [IBM 838-1 p.48].
174 Defunct
[619]
[718] precluded		 Proposal for use of SVR4 internals for Linux development Misappropriation in the form of non-literal transfers of methods, structures and sequences from System V contributed to Linux [SCO 724-A p.3]. Includes lines and files of testing technology [SCO 707 p.8 fn2]. SCO expressly included some of the Disputed Items in its copyright claim [IBM 748 p.41]. Copyright infringement [IBM 838-1 p.48].
175 Defunct
[619]
[718] precluded		 Use of SVR4 as source reference for programming memory mapping system call in Linux Misappropriation in the form of non-literal transfers of methods, structures and sequences from System V contributed to Linux [SCO 724-A p.3]. SCO expressly included some of the Disputed Items in its copyright claim [IBM 748 p.41]. Copyright infringement [IBM 838-1 p.48].
176 Defunct
[619]
[718] precluded		 Use of ptx as source reference for programming ESR in Linux Misappropriation in the form of non-literal transfers of methods, structures and sequences from System V contributed to Linux [SCO 724-A p.3].
177 Defunct
[619]
[718] precluded		 Use of SVR4 as source reference in programming VFS for Linux Misappropriation in the form of non-literal transfers of methods, structures and sequences from System V contributed to Linux [SCO 724-A p.3]. SCO expressly included some of the Disputed Items in its copyright claim [IBM 748 p.41]. Copyright infringement [IBM 838-1 p.48].
178 Defunct
[619]
[718] precluded		 Disclosure of Enterprise Volume Management System code from AIX to Linux SCO refers to a password-protected IBM website [IBM 620 p.4 fn2].
179 Defunct
[619]
[718] precluded		 Disclosure of Enterprise Class Event Logging code from AIX and Dynix to Linux  
180 Defunct
[619]
[718] precluded		 Use of SVR4 internals as a reference for programming Linux Misappropriation in the form of non-literal transfers of methods, structures and sequences from System V contributed to Linux [SCO 724-A p.3]. Item 180 claims only that IBM misused the "internals" of System V Release 4, without any mention of which part of the several-million-line operating system was misused [IBM 672 p.8]. SCO expressly included some of the Disputed Items in its copyright claim [IBM 748 p.41]. Copyright infringement [IBM 838-1 p.48].
181 Defunct
[619]
[718] precluded		    
182 Defunct
[619]
[718] precluded		 Disclosure of Dynix/PTX Direct I/O Test Suite Includes lines and files of testing technology [SCO 707 p.8 fn2]. An email that refers to Direct I/O [IBM 981 p.43 fn23].
183
 Defunct
[785]
[1132] dismissed		   Copyright: Single Unix Specification material (header files) [IBM 838-1 pp.48-49]. Line-for-line code copied from System V into the Linux kernel [SCO 724-A p.2] Misappropriation in the form of changed or revised code [SCO 724-A p.3]. SCO's proprietary System V code was simply copied and pasted into the Linux kernel or associated libraries that were then included in a Red Hat distribution [SCO 724-A p.3]. (Regarding the "Dear Unix Licensee" letter:) A material part of the code identified in this letter was part of the December 2005 Submission [SCO 724-A p.4]. ("ABI Code": errno.h/bsderrno.h/solerrno.h, signal.h, ioctl.h/ioctls.h, ipc.h, acct.h, a.out.h, ecoff.h, stat.h, ctype.h/ctype.c). Distributed in Caldera Network Desktop under the GPL [IBM 838-1 p.11]. Header file required by POSIX.1 and the LSB [IBM 838-1 p.14 and p.18]. A Linux kernel file, ownership assigned by Caldera to United Linux [IBM 838-1 p.32]. 4.4BSD-Lite material outside the control of SCO and its alleged predecessors [IBM 838-2 p.70].
184
 Defunct
[785]
[1132] dismissed		   Copyright: Single Unix Specification material (header files) [IBM 838-1 pp.48-49]. Line-for-line code copied from System V into the Linux kernel [SCO 724-A p.2]. Misappropriation in the form of changed or revised code [SCO 724-A p.3]. SCO's proprietary System V code was simply copied and pasted into the Linux kernel or associated libraries that were then included in a Red Hat distribution [SCO 724-A p.3]. (Regarding the "Dear Unix Licensee" letter:) A material part of the code identified in this letter was part of the December 2005 Submission [SCO 724-A p.4]. ("ABI Code": errno.h/bsderrno.h/solerrno.h, signal.h, ioctl.h/ioctls.h, ipc.h, acct.h, a.out.h, ecoff.h, stat.h, ctype.h/ctype.c). Material was included in the first version of the Single Unix Specification [IBM 838-1 p.8]. Distributed in Caldera Network Desktop under the GPL [IBM 838-1 p.11]. Header file required by POSIX.1 [IBM 838-1 p.14]. A Linux kernel file, ownership assigned by Caldera to United Linux [IBM 838-1 p.32]. 4.4BSD-Lite material outside the control of SCO and its alleged predecessors [IBM 838-2 p.70]. Merely the association of values with signal names expressed within a header file. [SCO 1056 p.10].
185 Defunct
[785]
[1132] dismissed		   Copyright: Memory allocation code. Line-for-line code copied from System V into the Linux kernel [SCO 724-A p.2]. "One example of many", the specific example shown by Mr Sontag to analysts in June 2003 [SCO 724-A p.3]. Verbatim copying of 80-100 lines of code [SCO 724-A p.5]. Memory allocation code distributed in SCO Linux 4.0 under the GPL [IBM 838-1 p.32]. A Linux kernel file, ownership assigned by Caldera to United Linux [IBM 838-1 p.32]. Less than 25 lines of memory allocation code [IBM 838-1 p.40]. Copyright infringement [IBM 838-1 p.48]. Memory allocation code apparently contributed to Linux by Silicon Graphics but removed from the kernel before IBM submitted its Tenth Counterclaim [IBM 838-1 p.49]. 24 lines [Hearing 2006-11-30 p.10].
186 Defunct
[619]
[718] upheld
[780]
[1123] dismissed		 Dynix/ptx event logging techniques
[IBM 835 Exh 237] 		Breach of contract relating to the Dynix operating system. Exposure to Dynix. [IBM 832-2 p.63]. Hien Nguyen [IBM 835 Exh 237]. Jim Keniston [IBM 835 Exh 211]. Larry Kessler [IBM 835 Exh 216]. Haren Babu Myneni [IBM 835 Exh 235]. The programmers allegedly making the disclosure did not have experience in Dynix in the particular technology area cited by SCO [IBM 832-2 p.72]. Undisputed [SCO-960-A3 p.117].
  • Linux kernel filenames from all four declarations:
    fs/jfs/jfs_logmgr.c
    fs/xfs/xfs_log.c
    kernel/printk.c
    fs/ntfs/logfile.c
187 Defunct
[619]
[718] upheld
[780]
[1123] dismissed		 Disclosure of Dynix/ptx networking technology
[IBM 835 Exh 210] 		Breach of contract relating to the Dynix operating system. Exposure to Dynix. [IBM 832-2 p.63]. Vivek Kashyap [IBM 835 Exh 210]. Hal Porter [IBM 835 Exh 246]. The programmers allegedly making the disclosure did not have experience in Dynix in the particular technology area cited by SCO [IBM 832-2 p.72]. Undisputed [SCO-960-A3 p.117]. In some cases the cited technology did not even exist in Dynix [IBM 832-2 p.72]. Undisputed [SCO-960-A3 p.117].
  • Linux kernel filenames from both declarations:
    net/ipv4/*
    net/ipv6/*
    net/sctp/*
188 Defunct
[619]
[718] upheld
[780]
[1123] dismissed		 Dynix/ptx TCP/IP and networking file system technology
[IBM 835 Exh 263] 		Breach of contract relating to the Dynix operating system. Exposure to Dynix. [IBM 832-2 p.63]. Nivedita Singhvi: "All the material that I contributed to these subsystems was developed independently for Linux [...] The Dynix/ptx operating system did not implement the IPv6 networking technology." [IBM 835 Exh 263]. Shirley Ma [IBM 835 Exh 222]. Venkata Jagana [IBM 835 Exh 206] In some cases the cited technology did not even exist in Dynix [IBM 832-2 p.72]. Undisputed [SCO-960-A3 p.117].
  • Linux kernel filenames from both declarations:
    include/net/tcp.h
    include/linux/tcp.h
    net/ipv4/*
    net/ipv6/*
189 Defunct
[619]
[718] upheld
[780]
[1123] dismissed		 Disclosure of Dynix/ptx MPIO technology Breach of contract relating to the Dynix operating system. Exposure to Dynix. [IBM 832-2 p.63]. Mike Anderson: "I have never made any contributions to these files." [IBM 835 Exh 161 pp.2-3]. Based on knowledge available in public literature [Hearing 2007-03-01 p.27].
  • Linux kernel filenames [IBM 835 Exh 161 p.3]
    drivers/md/multipath.c
    include/linux/raid/multipath.h
190 Defunct
[619]
[718] upheld
[780]
[1123] dismissed		 Disclosure of Dynix/ptx driver implementation techniques Breach of contract relating to the Dynix operating system. Exposure to Dynix. [IBM 832-2 p.63]. Mike Anderson [IBM 835 Exh 161]. Jay Vosburgh: "I did not work on device driver implementation techniques in Dynix/ptx" [IBM 835 Exh 274]. The programmers allegedly making the disclosure did not have experience in Dynix in the particular technology area cited by SCO [IBM 832-2 p.72]. Undisputed [SCO-960-A3 p.117].
191 Defunct
[619]
[718] upheld
[780]
[1123] dismissed		 Disclosure of Dynix/ptx performance management techniques
[IBM 835 Exh 225] 		Breach of contract relating to the Dynix operating system. Exposure to Dynix. [IBM 832-2 p.63]. Michael Mason: "I have never made any contributions to these files." [IBM 835 Exh 225]. Ruth Forester: "I have never made any contributions to these files." [IBM 835 Exh 188]. The programmers allegedly making the disclosure did not have experience in Dynix in the particular technology area cited by SCO [IBM 832-2 p.72]. Undisputed [SCO-960-A3 p.117].
  • Linux kernel filenames from both declarations:
    include/linux/oprofile.h
    include/linux/profile.h
    kernel/profile.c
    arch/i386/oprofile/backtrace.c, init.c, Kconfig, op_model_p4.c
    arch/i386/oprofile/rmi_int.c, rmi_timer_int.c, op_counter.c, op_86_model.c     (nonexistant files, see Item 146)
    arch/ia64/kernel/perfmon.c, perfmon_default_smpl.h, perfmon_generic.h
    arch/ia64/oprofile/perfmon.c
    drivers/cpufreq/cpufreq_performance.c
192 Defunct
[619]
[718] upheld
[780]
[1123] dismissed		 Disclosure of Dynix/ptx virtual memory implementation techniques Breach of contract relating to the Dynix operating system. Exposure to Dynix. [IBM 832-2 p.63]. Martin Bligh [IBM 835 Exh 292].
193 Defunct
[619]
[718] precluded		 Disclosure of Dynix/ptx fast walk and dcache implementation techniques Contractual violations [Order 718 p.37, see footnote 1 below]. Only supported by the Richard Moore presentation [Order 718 p.35, see footnote 2 below] and a few references to Linux files [Order 718 p.37].
194 Under Appeal
[785]
[1132] dismissed
[Appeal]		 System V Package and Installation Tools from UnixWare/SVR4
[IBM Appeal brief p#79] 		Copyright, Non-Linux re. AIX for Power (Monterey). System V Package and Installation Tools from UnixWare/SVR4 used by IBM and distributed as part of AIX for Power without a license and in violation of SCO's copyrights; and distributed to various IBM customers for use in connection with Linux installations in violation of SCO's copyrights. [IBM Appeal brief p#79]. The Final Disclosures appear to accuse IBM of copyright infringement with respect to IBM's inclusion into AIX for Power of code from a project known as Project Monterey, but the Court declined to allow SCO to add a claim for copyright infringement relating to that conduct and it has nothing to do with Linux. [IBM 838-1 p.51]
195 Under Appeal
[785]
[1132] dismissed
[Appeal]		 System V Truss technology from UnixWare/SVR4
[IBM Appeal brief p#80] 		Copyright, Non-Linux re. AIX for Power (Monterey). System V Truss technology from UnixWare/SVR4 used by IBM and distributed as part of AIX for Power without license; also used by IBM to enhance and improve Linux. Source: Tab-211 Comparison between UnixWare/SVR4 and AIX truss code implementation [IBM Appeal brief p#80]. The Final Disclosures appear to accuse IBM of copyright infringement with respect to IBM's inclusion into AIX for Power of code from a project known as Project Monterey, but the Court declined to allow SCO to add a claim for copyright infringement relating to that conduct and it has nothing to do with Linux. [IBM 838-1 p.51]
196 Under Appeal
[785]
[1132] dismissed
[Appeal]		 SVR4 print subsystem from UnixWare/SVR4
[IBM Appeal brief p#81] 		Copyright, Non-Linux re. AIX for Power (Monterey). As Item 194 above. SVR4 print subsystem from UnixWare/SVR4 used by IBM and distributed as part of AIX for Power without license. Source: Tab-212 Comparison between UnixWare/SVR4 and AIX print subsystem code implementation [IBM Appeal brief p#81]. The Final Disclosures appear to accuse IBM of copyright infringement with respect to IBM's inclusion into AIX for Power of code from a project known as Project Monterey, but the Court declined to allow SCO to add a claim for copyright infringement relating to that conduct and it has nothing to do with Linux. [IBM 838-1 p.51]
197 Under Appeal
[785]
[1132] dismissed
[Appeal]		 System V ELF code from UnixWare/SVR4 used to emulate ia-32 binary functionality in Linux
[IBM Appeal brief p#82] 		Copyright, Non-Linux re. AIX for Power (Monterey). System V ELF code from UnixWare/SVR4 modified by IBM to emulate ia-32 binaries and distributed as part of AIX for Power in order to make IBM systems compatible with for Linux. This was done by IBM without a license and in violation of SCO's copyrights. Source: Tab-213 sco/SCOUnixWareGemini64/usr/src/em64/cmd/ia32; Tab-392 Freitas Depo. Tr. 186:10-87:14; Tab-393 Depo. Exh. 834 [IBM Appeal brief p#82]. The Final Disclosures appear to accuse IBM of copyright infringement with respect to IBM's inclusion into AIX for Power of code from a project known as Project Monterey, but the Court declined to allow SCO to add a claim for copyright infringement relating to that conduct and it has nothing to do with Linux. [IBM 838-1 p.51]
198 Under Appeal
[785]
[1132] dismissed
[Appeal]		 System V ELF code from UnixWare/SVR4 used to emulate ia-32 binary functionality in Linux
[IBM Appeal brief p#83] 		Copyright, Non-Linux re. AIX for Power (Monterey). System V atdialer code from UnixWare/SVR4 used by IBM and distributed as part of AIX for Power without a license and in violation of SCO's copyrights. Source: Tab-214 sco/SCOUnixWareGemini64/usr/src/common/cmd/bnu/atdialer.c [IBM Appeal brief p#83]. The Final Disclosures appear to accuse IBM of copyright infringement with respect to IBM's inclusion into AIX for Power of code from a project known as Project Monterey, but the Court declined to allow SCO to add a claim for copyright infringement relating to that conduct and it has nothing to do with Linux. [IBM 838-1 p.51]
199 Under Appeal
[785]
[1132] dismissed
[Appeal]		 System V route.c code from UnixWare/SVR4
[IBM Appeal brief p#84] 		Copyright, Non-Linux re. AIX for Power (Monterey). As Item 194 above. System V route.c code from UnixWare/SVR4 used by IBM and distributed as part of AIX for Power without a license and in violation of SCO's copyrights. Source: Tab-215 sco/SCOUnixWareGemini64/usr/src/common/cmd/cmd-inet/usr.bin/netstat/route.c [IBM Appeal brief p#84]. The Final Disclosures appear to accuse IBM of copyright infringement with respect to IBM's inclusion into AIX for Power of code from a project known as Project Monterey, but the Court declined to allow SCO to add a claim for copyright infringement relating to that conduct and it has nothing to do with Linux. [IBM 838-1 p.51]
200 Under Appeal
[785]
[1132] dismissed
[Appeal]		 System V Korn Shell from UnixWare/SVR4
[IBM Appeal brief p#85] 		Copyright, Non-Linux re. AIX for Power (Monterey). As Item 194 above. System V Korn Shell from UnixWare/SVR4 used by IBM and distributed as part of AIX for Power without a license and in violation of SCO's copyrights. Source: Tab-216 Comparison between UnixWare/SVR4 and AIX implementation of Korn Shell code [IBM Appeal brief p#85]. The Final Disclosures appear to accuse IBM of copyright infringement with respect to IBM's inclusion into AIX for Power of code from a project known as Project Monterey, but the Court declined to allow SCO to add a claim for copyright infringement relating to that conduct and it has nothing to do with Linux. [IBM 838-1 p.51]
201 Under Appeal
[785]
[1132] dismissed
[Appeal]		 System V header files from UnixWare/SVR4
[IBM Appeal brief p#86] 		Copyright, Non-Linux re. AIX for Power (Monterey). System V header files from UnixWare/SVR4 used by IBM and distributed as part of AIX for Power without a license and in violation of SCO's copyrights. Source: Tab-217 sco/SCOUnixWareGemini64/usr/src/common/head/acl.h [IBM Appeal brief p#86]. The Final Disclosures appear to accuse IBM of copyright infringement with respect to IBM's inclusion into AIX for Power of code from a project known as Project Monterey, but the Court declined to allow SCO to add a claim for copyright infringement relating to that conduct and it has nothing to do with Linux. [IBM 838-1 p.51]
202 Under Appeal
[785]
[1132] dismissed
[Appeal]		 System V commands from UnixWare/SVR4
[IBM Appeal brief p#87] 		Copyright, Non-Linux re. AIX for Power (Monterey). System V commands from UnixWare/SVR4 used by IBM and distributed as part of AIX for Power without a license and in violation of SCO's copyrights. Source: Tab-218 sco/SCOUnixWareGemini64/usr/src/i386/cmd/cpio/cpio.c [IBM Appeal brief p#87]. The Final Disclosures appear to accuse IBM of copyright infringement with respect to IBM's inclusion into AIX for Power of code from a project known as Project Monterey, but the Court declined to allow SCO to add a claim for copyright infringement relating to that conduct and it has nothing to do with Linux. [IBM 838-1 p.51]
203 Under Appeal
[785]
[1132] dismissed
[Appeal]		 User manual ("man pages") from UnixWare/SVR4
[IBM Appeal brief p#88] 		Copyright, Non-Linux re. AIX for Power (Monterey). Man pages from UnixWare/SVR4 used by IBM and distributed as part of AIX for Power version without a license and in violation of SCO's copyrights. Source: Tab-219 man.lpsched.1M.html [IBM Appeal brief p#88]. The Final Disclosures appear to accuse IBM of copyright infringement with respect to IBM's inclusion into AIX for Power of code from a project known as Project Monterey, but the Court declined to allow SCO to add a claim for copyright infringement relating to that conduct and it has nothing to do with Linux. [IBM 838-1 p.51]
204 Defunct
[619]
[669]
[785]
[1132] dismissed 		  Non-Linux. Demonstrating that Dynix was based on UNIX System V [SCO 724 p.8]. Although SCO does provide versions and line numbers for the files identified in Item No. 204, SCO makes no claim as to any misuse of the code identified in Item No. 204. Under the heading "Improperly Disclosed Code, Method, or Concept", SCO states: "N/A" [IBM 620 p.4 fn1]. No IBM misconduct [IBM 657 p.2 fn1]. IBM's challenges to Item Numbers 2 and 204 were withdrawn [SCO 669 Exh B]. SCO expressly included some of the Disputed Items in its copyright claim [IBM 748 p.41]. The only item that identifies System V code in any version of Dynix [IBM 981-A1 p.43].
205
 Defunct
[785]
[1132] dismissed		   Copyright: Single Unix Specification material (header files) [IBM 838-1 pp.48-49]. Line-for-line code copied from System V into the Linux kernel [SCO 724-A p.2]. Misappropriation in the form of changed or revised code [SCO 724-A p.3]. SUS header file required by POSIX.1 [IBM 838-1 p.14]. 4.4BSD-Lite material outside the control of SCO and its alleged predecessors [IBM 838-2 p.70]. Not in Spec 1170 nor in first version of SUS [SCO 956-A1 p.8].
  • glibc (version 2.2.5): sysdeps/generic/bits/dlfcn.h [SCO 591 Tab 229]
206
 Defunct
[785]
[1132] dismissed		   Copyright: Single Unix Specification material (header files) [IBM 838-1 pp.48-49]. Line-for-line code copied from System V into the Linux kernel. SUS header file required by POSIX.1 [IBM 838-1 p.14]. 4.4BSD-Lite material outside the control of SCO and its alleged predecessors [IBM 838-2 p.70]. Not in Spec 1170 nor in first version of SUS [SCO 956-A1 p.8].
  • glibc (version 2.2.5): dlfcn/dlfcn.h [SCO 591 Tab 230]
207
 Defunct
[785]
[1132] dismissed		   Copyright: Single Unix Specification material (header files) [IBM 838-1 pp.48-49]. Line-for-line code copied from System V into the Linux kernel. Material was included in the first version of the Single Unix Specification [IBM 838-1 p.8]. SUS header file required by POSIX.1 [IBM 838-1 p.14]. 4.4BSD-Lite material outside the control of SCO and its alleged predecessors [IBM 838-2 p.70].
  • glibc (version 2.2.5): stdlib/fmtmsg.h [SCO 591 Tab 231]
208
 Defunct
[785]
[1132] dismissed		   Copyright: Single Unix Specification material [IBM 838-1 pp.48-49]. Line-for-line code copied from System V into the Linux kernel. Material was included in the first version of the Single Unix Specification [IBM 838-1 p.8]. Distributed in Caldera Network Desktop under the GPL [IBM 838-1 p.11]. SUS header file required by POSIX.1 [IBM 838-1 p.14]. 4.4BSD-Lite material outside the control of SCO and its alleged predecessors [IBM 838-2 p.70]. BSD net/2 material that predates the creation of the SVR4.2 copyrights alleged to be infringed [IBM 838-2 p.70].
  • glibc (version 2.2.5): io/ftw.h [SCO 591 Tab 232]
209
 Defunct
[785]
[1132] dismissed		   Copyright: Single Unix Specification material (header files) [IBM 838-1 pp.48-49]. Line-for-line code copied from System V into the Linux kernel. Material was included in the first version of the Single Unix Specification [IBM 838-1 p.8]. Distributed in Caldera Network Desktop under the GPL [IBM 838-1 p.11]. SUS header file required by POSIX.1 [IBM 838-1 p.14]. The 1999 Swartz study concluded this code was derived from UNIX [IBM 838-1 p.25]. A Linux kernel file, ownership assigned by Caldera to United Linux [IBM 838-1 p.32]. 4.4BSD-Lite material outside the control of SCO and its alleged predecessors [IBM 838-2 p.70]. BSD net/2 material that predates the creation of the SVR4.2 copyrights alleged to be infringed [IBM 838-2 p.70].
  • Linux kernel (version 2.4.28): include/linux/shm.h [SCO 591 Tab 233]
210
 Defunct
[785]
[1132] dismissed		   Copyright: Single Unix Specification material (header files) [IBM 838-1 pp.48-49]. Line-for-line code copied from System V into the Linux kernel. Material was included in the first version of the Single Unix Specification [IBM 838-1 p.8]. Distributed in Caldera Network Desktop under the GPL [IBM 838-1 p.11]. SUS header file required by POSIX.1 [IBM 838-1 p.14]. The 1999 Swartz study concluded this code was derived from UNIX [IBM 838-1 p.25]. A Linux kernel file, ownership assigned by Caldera to United Linux [IBM 838-1 p.32]. 4.4BSD-Lite material outside the control of SCO and its alleged predecessors [IBM 838-2 p.70]. BSD net/2 material that predates the creation of the SVR4.2 copyrights alleged to be infringed [IBM 838-2 p.70].
  • Linux kernel (version 2.4.28): include/linux/ipc.h [SCO 591 Tab 234]
211
 Defunct
[785]
[1132] dismissed		   Copyright: Single Unix Specification material (header files) [IBM 838-1 pp.48-49]. Line-for-line code copied from System V into the Linux kernel. Material was included in the first version of the Single Unix Specification [IBM 838-1 p.8]. SUS header file required by POSIX.1 [IBM 838-1 p.14]. 4.4BSD-Lite material outside the control of SCO and its alleged predecessors [IBM 838-2 p.70]. BSD net/2 material that predates the creation of the SVR4.2 copyrights alleged to be infringed [IBM 838-2 p.70].
  • glibc (version 2.2.5): misc/libgen.h [SCO 591 Tab 235]
212
 Defunct
[785]
[1132] dismissed		   Copyright: Single Unix Specification material (header files) [IBM 838-1 pp.48-49]. Line-for-line code copied from System V into the Linux kernel. Material was included in the first version of the Single Unix Specification [IBM 838-1 p.8]. Distributed in Caldera Network Desktop under the GPL [IBM 838-1 p.11]. SUS header file required by POSIX.1 [IBM 838-1 p.14]. A Linux kernel file, ownership assigned by Caldera to United Linux [IBM 838-1 p.32]. 4.4BSD-Lite material outside the control of SCO and its alleged predecessors [IBM 838-2 p.70]. BSD net/2 material that predates the creation of the SVR4.2 copyrights alleged to be infringed [IBM 838-2 p.70].
  • Linux kernel (version 2.4.28): include/linux/msg.h [SCO 591 Tab 236]
213
 Defunct
[785]
[1132] dismissed		   Copyright: Single Unix Specification material (header files) [IBM 838-1 pp.48-49]. Line-for-line code copied from System V into the Linux kernel. Material was included in the first version of the Single Unix Specification [IBM 838-1 p.8]. SUS header file required by POSIX.1 [IBM 838-1 p.14].
  • glibc (version 2.2.5): sysdeps/generic/gits/poll.h [SCO 591 Tab 237]
214
 Defunct
[785]
[1132] dismissed		   Copyright: Single Unix Specification material (header files) [IBM 838-1 pp.48-49]. Line-for-line code copied from System V into the Linux kernel. Material was included in the first version of the Single Unix Specification [IBM 838-1 p.8]. SUS header file required by POSIX.1 [IBM 838-1 p.14]. A Linux kernel file, ownership assigned by Caldera to United Linux [IBM 838-1 p.32]. 4.4BSD-Lite material outside the control of SCO and its alleged predecessors [IBM 838-2 p.70]. BSD net/2 material that predates the creation of the SVR4.2 copyrights alleged to be infringed [IBM 838-2 p.70].
  • Linux kernel (version 2.4.28): include/linux/sem.h [SCO 591 Tab 238]
215
 Defunct
[785]
[1132] dismissed		   Copyright: Single Unix Specification material (header files) [IBM 838-1 pp.48-49]. Line-for-line code copied from System V into the Linux kernel. Material was included in the first version of the Single Unix Specification [IBM 838-1 p.8]. SUS header file required by POSIX.1 [IBM 838-1 p.14]. 4.4BSD-Lite material outside the control of SCO and its alleged predecessors [IBM 838-2 p.70].
  • glibc (version 2.2.5): sysdeps/generic/bits/statvfs.h [SCO 591 Tab 239]
216
 Defunct
[785]
[1132] dismissed		   Copyright: Single Unix Specification material (header files) [IBM 838-1 pp.48-49]. Line-for-line code copied from System V into the Linux kernel. Material was included in the first version of the Single Unix Specification [IBM 838-1 p.8]. SUS header file required by POSIX.1 [IBM 838-1 p.14]. 4.4BSD-Lite material outside the control of SCO and its alleged predecessors [IBM 838-2 p.70].
  • glibc (version 2.2.5): include/io/sys/statvfs.h [SCO 591 Tab 240]
217
 Defunct
[785]
[1132] dismissed		   Copyright: Single Unix Specification material (header files) [IBM 838-1 pp.48-49]. Line-for-line code copied from System V into the Linux kernel. Material was included in the first version of the Single Unix Specification [IBM 838-1 p.8]. SUS header file required by POSIX.1 [IBM 838-1 p.14]. Copyright infringement [IBM 838-1 p.48]. Files declared to be copyrighted by BSD, not USL [IBM 838-2 p.70]. 4.4BSD-Lite material outside the control of SCO and its alleged predecessors [IBM 838-2 p.70]. SCO has in fact claimed copyright protection for alleged components of SVr4 that were created entirely by others, such as BSD [IBM 983 p.62]
  • glibc (version 2.2.5): string/strings.h [SCO 591 Tab 241]
218
 Defunct
[785]
[1132] dismissed		   Copyright: Single Unix Specification material (header files) [IBM 838-1 pp.48-49]. Line-for-line code copied from System V into the Linux kernel. Material was included in the first version of the Single Unix Specification [IBM 838-1 p.8]. Distributed in Caldera Network Desktop under the GPL [IBM 838-1 p.11]. SUS header file required by POSIX.1 [IBM 838-1 p.14]. Files declared to be copyrighted by BSD, not USL [IBM 838-2 p.70]. 4.4BSD-Lite material outside the control of SCO and its alleged predecessors [IBM 838-2 p.70]. BSD net/2 material that predates the creation of the SVR4.2 copyrights alleged to be infringed [IBM 838-2 p.70]. SCO has in fact claimed copyright protection for alleged components of SVr4 that were created entirely by others, such as BSD [IBM 983 p.62]
  • glibc (version 2.2.5): string/string.h [SCO 591 Tab 242]
219
 Defunct
[785]
[1132] dismissed		   Copyright: Single Unix Specification material (header files) [IBM 838-1 pp.48-49]. Line-for-line code copied from System V into the Linux kernel. Material was included in the first version of the Single Unix Specification [IBM 838-1 p.8]. SUS header file required by POSIX.1 [IBM 838-1 p.14]. 4.4BSD-Lite material outside the control of SCO and its alleged predecessors [IBM 838-2 p.70].
  • glibc (version 2.2.5): streams/stropts.h [SCO 591 Tab 243]
220
 Defunct
[785]
[1132] dismissed		   Copyright: Single Unix Specification material (header files) [IBM 838-1 pp.48-49]. Line-for-line code copied from System V into the Linux kernel. Material was included in the first version of the Single Unix Specification [IBM 838-1 p.8]. Distributed in Caldera Network Desktop under the GPL [IBM 838-1 p.11]. SUS header file required by POSIX.1 [IBM 838-1 p.14]. 4.4BSD-Lite material outside the control of SCO and its alleged predecessors [IBM 838-2 p.70]. BSD net/2 material that predates the creation of the SVR4.2 copyrights alleged to be infringed [IBM 838-2 p.70].
  • glibc (version 2.2.5): sysdeps/generic/bits/strops.h [SCO 591 Tab 244]
221
 Defunct
[785]
[1132] dismissed		   Copyright: Single Unix Specification material (header files) [IBM 838-1 pp.48-49]. Line-for-line code copied from System V into the Linux kernel. Material was included in the first version of the Single Unix Specification [IBM 838-1 p.8]. Distributed in Caldera Network Desktop under the GPL [IBM 838-1 p.11]. SUS header file required by POSIX.1 [IBM 838-1 p.14]. The 1999 Swartz study concluded this code was derived from UNIX [IBM 838-1 p.25]. 4.4BSD-Lite material outside the control of SCO and its alleged predecessors [IBM 838-2 p.70]. BSD net/2 material that predates the creation of the SVR4.2 copyrights alleged to be infringed [IBM 838-2 p.70].
  • glibc (version 2.2.5): sysdeps/generic/bits/shm.h [SCO 591 Tab 245]
222
 Defunct
[785]
[1132] dismissed		   Copyright: Single Unix Specification material (header files) [IBM 838-1 pp.48-49]. Line-for-line code copied from System V into the Linux kernel. Material was included in the first version of the Single Unix Specification [IBM 838-1 p.8]. SUS header file required by POSIX.1 [IBM 838-1 p.14]. The 1999 Swartz study concluded this code was derived from UNIX [IBM 838-1 p.25]. 4.4BSD-Lite material outside the control of SCO and its alleged predecessors [IBM 838-2 p.70].
  • glibc (version 2.2.5): sysvipc/sys/shm.h [SCO 591 Tab 246]
223
 Defunct
[785]
[1132] dismissed		   Copyright: Single Unix Specification material (header files) [IBM 838-1 pp.48-49]. Line-for-line code copied from System V into the Linux kernel. Material was included in the first version of the Single Unix Specification [IBM 838-1 p.8]. Distributed in Caldera Network Desktop under the GPL [IBM 838-1 p.11]. SUS header file required by POSIX.1 [IBM 838-1 p.14]. The 1999 Swartz study concluded this code was derived from UNIX [IBM 838-1 p.25]. Files declared to be copyrighted by BSD, not USL [IBM 838-2 p.70]. 4.4BSD-Lite material outside the control of SCO and its alleged predecessors [IBM 838-2 p.70]. BSD net/2 material that predates the creation of the SVR4.2 copyrights alleged to be infringed [IBM 838-2 p.70]. SCO has in fact claimed copyright protection for alleged components of SVr4 that were created entirely by others, such as BSD [IBM 983 p.62]
  • glibc (version 2.2.5): misc/sys/syslog.h [SCO 591 Tab 247]
224
 Defunct
[785]
[1132] dismissed		   Copyright: Single Unix Specification material (header files) [IBM 838-1 pp.48-49]. Line-for-line code copied from System V into the Linux kernel. Material was included in the first version of the Single Unix Specification [IBM 838-1 p.8]. SUS header file required by POSIX.1 [IBM 838-1 p.14]. A Linux kernel file, ownership assigned by Caldera to United Linux [IBM 838-1 p.32]. 4.4BSD-Lite material outside the control of SCO and its alleged predecessors [IBM 838-2 p.70].
  • Linux kernel (version 2.4.28): include/asm-i386/ucontext.h [SCO 591 Tab 248]
225
 Defunct
[785]
[1132] dismissed		   Copyright: Single Unix Specification material (header files) [IBM 838-1 pp.48-49]. Line-for-line code copied from System V into the Linux kernel. Material was included in the first version of the Single Unix Specification [IBM 838-1 p.8]. SUS header file required by POSIX.1 [IBM 838-1 p.14]. A Linux kernel file, ownership assigned by Caldera to United Linux [IBM 838-1 p.32].
  • Linux kernel (version 2.4.28): include/ucontext.h [SCO 591 Tab 249]
226
 Defunct
[785]
[1132] dismissed		   Copyright: Single Unix Specification material (header files) [IBM 838-1 pp.48-49]. Line-for-line code copied from System V into the Linux kernel. Material was included in the first version of the Single Unix Specification [IBM 838-1 p.8]. SUS header file required by POSIX.1 [IBM 838-1 p.14]. 4.4BSD-Lite material outside the control of SCO and its alleged predecessors [IBM 838-2 p.70]. BSD net/2 material that predates the creation of the SVR4.2 copyrights alleged to be infringed [IBM 838-2 p.70].
  • glibc (version 2.2.5): include/ulimit.h [SCO 591 Tab 250]
227
 Defunct
[785]
[1132] dismissed		   Copyright: Single Unix Specification material (header files) [IBM 838-1 pp.48-49]. Line-for-line code copied from System V into the Linux kernel. Material was included in the first version of the Single Unix Specification [IBM 838-1 p.8]. SUS header file required by POSIX.1 [IBM 838-1 p.14].
  • glibc (version 2.2.5): resource/ulimit.h [SCO 591 Tab 251]
228
 Defunct
[785]
[1132] dismissed		   Copyright: Single Unix Specification material (header files) [IBM 838-1 pp.48-49]. Line-for-line code copied from System V into the Linux kernel. Material was included in the first version of the Single Unix Specification [IBM 838-1 p.8]. Distributed in Caldera Network Desktop under the GPL [IBM 838-1 p.11]. SUS header file required by POSIX.1 [IBM 838-1 p.14]. A Linux kernel file, ownership assigned by Caldera to United Linux [IBM 838-1 p.32]. 4.4BSD-Lite material outside the control of SCO and its alleged predecessors [IBM 838-2 p.70]. BSD net/2 material that predates the creation of the SVR4.2 copyrights alleged to be infringed [IBM 838-2 p.70].
  • Linux kernel (version 2.4.28): include/linux/utime.h [SCO 591 Tab 252]
229
 Defunct
[785]
[1132] dismissed		   Copyright: Single Unix Specification material (header files) [IBM 838-1 pp.48-49]. Line-for-line code copied from System V into the Linux kernel. Material was included in the first version of the Single Unix Specification [IBM 838-1 p.8]. SUS header file required by POSIX.1 [IBM 838-1 p.14]. Files declared to be copyrighted by BSD, not USL [IBM 838-2 p.70]. 4.4BSD-Lite material outside the control of SCO and its alleged predecessors [IBM 838-2 p.70]. SCO has in fact claimed copyright protection for alleged components of SVr4 that were created entirely by others, such as BSD [IBM 983 p.62]
  • glibc (version 2.2.5): sysdeps/gnu/utmpx.h [SCO 591 Tab 253]
230
 Defunct
[785]
[1132] dismissed		   Copyright: Single Unix Specification material (header files) [IBM 838-1 pp.48-49]. Line-for-line code copied from System V into the Linux kernel. Material was included in the first version of the Single Unix Specification [IBM 838-1 p.8]. Distributed in Caldera Network Desktop under the GPL [IBM 838-1 p.11]. SUS header file required by POSIX.1 [IBM 838-1 p.14]. Files declared to be copyrighted by BSD, not USL [IBM 838-2 p.70]. 4.4BSD-Lite material outside the control of SCO and its alleged predecessors [IBM 838-2 p.70]. BSD net/2 material that predates the creation of the SVR4.2 copyrights alleged to be infringed [IBM 838-2 p.70]. SCO has in fact claimed copyright protection for alleged components of SVr4 that were created entirely by others, such as BSD [IBM 983 p.62]
  • glibc (version 2.2.5): sysdeps/gnu/bits/utmpx.h [SCO 591 Tab 254]
231
 Defunct
[785]
[1132] dismissed		   Copyright: Single Unix Specification material (header files) [IBM 838-1 pp.48-49]. Line-for-line code copied from System V into the Linux kernel. Material was included in the first version of the Single Unix Specification [IBM 838-1 p.8]. Distributed in Caldera Network Desktop under the GPL [IBM 838-1 p.11]. SUS header file required by POSIX.1 [IBM 838-1 p.14]. The 1999 Swartz study concluded this code was derived from UNIX [IBM 838-1 p.25]. A Linux kernel file, ownership assigned by Caldera to United Linux [IBM 838-1 p.32]. 4.4BSD-Lite material outside the control of SCO and its alleged predecessors [IBM 838-2 p.70]. BSD net/2 material that predates the creation of the SVR4.2 copyrights alleged to be infringed [IBM 838-2 p.70].
  • Linux kernel (version 2.4.28): include/linux/utsname.h [SCO 591 Tab 255]
232 Defunct
[619]
[718] precluded		   Contractual violations [Order 718 p.37, see footnote 1 below]. In 39 of the Items (Items 232 to 270) SCO accuses IBM of making improper reference to Dynix source code as a basis for writing additional code, while providing essentially no further information. Each of these 39 items has an "Improper Disclosure" claim of the form: "Use of ptx [i.e., Dynix] programming experience (and a fortiori exposure to related aspects of Unix System V) in programming [or 'implementing'] _________," where the blank contains things such as "MP preemption and synchronization code", "i686 large-memory SMP systems", "code for SCSI Mid-layer Multi-Path IO", and so forth [IBM 835 Exh 588 p#11]. Supported by the Richard Moore presentation [Order 718 p.35, see footnote 2 below], a link to a Linux Kernel archive and a brief list of Linux files [Order 718 p.37]. There is not deposition testimony supporting these alleged misappropriated items [Order 718 p.38].
233 Defunct
[619]
[718] precluded		   Contractual violations [Order 718 p.37, see footnote 1 below]. As Item 232.
234 Defunct
[619]
[718] precluded		   Contractual violations [Order 718 p.37, see footnote 1 below]. As Item 232.
235 Defunct
[619]
[718] precluded		   Contractual violations [Order 718 p.37, see footnote 1 below]. As Item 232.
236 Defunct
[619]
[718] precluded		   Item No. 46 is a February 26, 2003 email exchange between IBM developers Martin Bligh, James Cleverdon and a public Linux mailing list in which Bligh and Cleverdon describe a "bug fix" Bligh made to Linux and how it was based on the method from Dynix/ptx. SCO actually cited the files and lines where this code occurs in Linux. [...] Moreover, these same lines of Linux source were included in the patch Bligh disclosed to Linux, which SCO included as December Submission Item 236 [SCO 724 pp.43-44 and fn12-13, see also footnote 3 below]. Contractual violations [Order 718 p.37].
237 Defunct
[619]
[718] precluded		   Contractual violations [Order 718 p.37, see footnote 1 below]. As Item 232.
238 Defunct
[619]
[718] precluded		   Contractual violations [Order 718 p.37, see footnote 1 below]. As Item 232.
239 Defunct
[619]
[718] precluded		   Contractual violations [Order 718 p.37, see footnote 1 below]. As Item 232.
240 Defunct
[619]
[718] precluded		   Contractual violations [Order 718 p.37, see footnote 1 below]. As Item 232.
241 Defunct
[619]
[718] precluded		   Contractual violations [Order 718 p.37, see footnote 1 below]. As Item 232.
242 Defunct
[619]
[718] precluded		   Contractual violations [Order 718 p.37, see footnote 1 below]. As Item 232.
243 Defunct
[619]
[718] precluded		   Contractual violations [Order 718 p.37, see footnote 1 below]. As Item 232.
244 Defunct
[619]
[718] precluded		   Contractual violations [Order 718 p.37, see footnote 1 below]. As Item 232.
245 Defunct
[619]
[718] precluded		   Contractual violations [Order 718 p.37, see footnote 1 below]. As Item 232.
246 Defunct
[619]
[718] precluded		   Contractual violations [Order 718 p.37, see footnote 1 below]. As Item 232.
247 Defunct
[619]
[718] precluded		   Contractual violations [Order 718 p.37, see footnote 1 below]. As Item 232.
248 Defunct
[619]
[718] precluded		   Contractual violations [Order 718 p.37, see footnote 1 below]. As Item 232.
249 Defunct
[619]
[718] precluded		   Contractual violations [Order 718 p.37, see footnote 1 below]. As Item 232.
250 Defunct
[619]
[718] precluded		   Contractual violations [Order 718 p.37, see footnote 1 below]. As Item 232.
251 Defunct
[619]
[718] precluded		   Contractual violations [Order 718 p.37, see footnote 1 below]. As Item 232.
252 Defunct
[619]
[718] precluded		   Contractual violations [Order 718 p.37, see footnote 1 below]. As Item 232.
253 Defunct
[619]
[718] precluded		   Contractual violations [Order 718 p.37, see footnote 1 below]. As Item 232.
254 Defunct
[619]
[718] precluded		   Contractual violations [Order 718 p.37, see footnote 1 below]. As Item 232.
255 Defunct
[619]
[718] precluded		   Contractual violations [Order 718 p.37, see footnote 1 below]. As Item 232.
256 Defunct
[619]
[718] precluded		   Contractual violations [Order 718 p.37, see footnote 1 below]. As Item 232.
257 Defunct
[619]
[718] precluded		   Contractual violations [Order 718 p.37, see footnote 1 below]. As Item 232.
258 Defunct
[619]
[718] precluded		   Contractual violations [Order 718 p.37, see footnote 1 below]. As Item 232.
259 Defunct
[619]
[718] precluded		   Contractual violations [Order 718 p.37, see footnote 1 below]. As Item 232.
260 Defunct
[619]
[718] precluded		   Contractual violations [Order 718 p.37, see footnote 1 below]. As Item 232.
261 Defunct
[619]
[718] precluded		   Contractual violations [Order 718 p.37, see footnote 1 below]. As Item 232.
262 Defunct
[619]
[718] precluded		   Contractual violations [Order 718 p.37, see footnote 1 below]. As Item 232.
263 Defunct
[619]
[718] precluded		   Contractual violations [Order 718 p.37, see footnote 1 below]. As Item 232.
264 Defunct
[619]
[718] precluded		   Contractual violations [Order 718 p.37, see footnote 1 below]. As Item 232.
265 Defunct
[619]
[718] precluded		   Contractual violations [Order 718 p.37, see footnote 1 below]. As Item 232.
266 Defunct
[619]
[718] precluded		   Contractual violations [Order 718 p.37, see footnote 1 below]. As Item 232.
267 Defunct
[619]
[718] precluded		   Contractual violations [Order 718 p.37, see footnote 1 below]. As Item 232.
268 Defunct
[619]
[718] precluded		   Contractual violations [Order 718 p.37, see footnote 1 below]. As Item 232.
269 Defunct
[619]
[718] precluded		   Contractual violations [Order 718 p.37, see footnote 1 below]. As Item 232.
270 Defunct
[619]
[718] precluded		   Contractual violations [Order 718 p.37, see footnote 1 below]. As Item 232.
271 Defunct
[619]
[718] precluded		 All IBM UNIX-based patents from AIX or Dynix/ptx
[IBM 981-H p#3] 		AIX and Dynix/ptx patented technologies, based on UNIX System V, were improperly released for the benefit of, and use by, the Linux development community in developing Linux. SCO merely attaches 34 patents. None of these 34 patents lists any versions, files or lines of code [IBM 620 p.6]. Cites, among others, US Patent Nos. 4,742,447, 4,742,450, and 5,039,979 [IBM 981-H p#3].
  • For 4,742,447 see [IBM 835 Exh 509]: Method to control I/O accesses in a multi-tasking virtual memory virtual machine type data processing system
  • For 4,742,450 see [IBM 835 Exh 510]: Method to share copy on write segment for mapped files
  • For 5,039,979 see [IBM 835 Exh 512]: Distributed security auditing subsystem for an operating system
272
 Defunct
[785]
[1132] dismissed		   Copyright: ELF material [IBM 838-1 pp.48-49]. Partially header files; all the Linux kernel material in Item 272 consists of header file code [IBM 838-2 p.59]. elf.h [IBM 838-1 p.14]. Line-for-line code copied from System V into the Linux tool chain used to compile and operate Linux [SCO 724-A p.2]. SCO's proprietary System V code was simply copied and pasted into the Linux kernel or associated libraries that were then included in a Red Hat distribution [SCO 724-A p.3]. Distributed in Caldera Network Desktop under the GPL [IBM 838-1 p.11]. This file is used by lxrun [IBM 838-1 p.20]. A Linux kernel file, ownership assigned by Caldera to United Linux [IBM 838-1 p.32]. Of the 19 files claimed in this one item, only one file (elf.h) is in the Linux kernel [IBM 838-1 p.57]. The part of Item 272 that is implementation is a collection of two dozen elementary functions for accessing ELF data structures [IBM 838-2 p.58]. Some of the infringing ELF material in Linux, including material in Item 272, was not part of the TIS specification [SCO 956-A4 p.107].
273 Defunct
[785]
[956] abandoned 		  Copyright: ELF/SVID material [IBM 838-1 pp.48-49 and IBM 835 Exh 176 p.3]. Not in the Linux kernel [IBM 838-1 p.50]. SCO's allegations of misuse with regard to specification documents lay claim to material that is not owned by SCO. The allegedly infringed specification document material includes 239 segments of material relating to the X Windows System, which SCO neither owns nor controls. The X Windows system is currently owned by M.I.T. [IBM 838-2 p.71]. SCO does not claim copyright in the material in Items 273-278. [SCO 956-A4 p.134] IBM acknowleges that SCO abandons all copyright in the material in Items 273-278. [IBM 983-A2 p.222].
274 Defunct
[785]
[956] abandoned 		  Copyright: ELF/SVID material. As Item 273 above.
275 Defunct
[785]
[956] abandoned 		  Copyright: ELF/SVID material. As Item 273 above.
276 Defunct
[785]
[956] abandoned 		  Copyright: ELF/SVID material. As Item 273 above.
277 Defunct
[785]
[956] abandoned 		  Copyright: ELF/SVID material. As Item 273 above.
278 Defunct
[785]
[956] abandoned 		  Copyright: ELF/SVID material. As Item 273 above.
279 Defunct
[619]
[718] precluded
[894]
[1123] foreclosed 		  Methods IBM developer Rick Lindsley contributed to improving Linux in the technology area of locking after he had been exposed to Dynix/ptx locking techniques. [...] Supported by deposition testimony admissions from Lindsley himself [...] source code patches contributed by IBM to Linux that consist of hundreds of lines of source code identified by file, version and line [SCO 724 p.43]. Provides a URL address on which numerous patches indicate file, version and line [SCO 902 p.2].
280 Defunct
[619]
[718] precluded
[894]
[1123] foreclosed 		  Methods IBM developer Rick Lindsley contributed to improving Linux in the technology area of locking after he had been exposed to Dynix/ptx locking techniques. [...] Supported by deposition testimony admissions from Lindsley himself [...] source code patches contributed by IBM to Linux that consist of hundreds of lines of source code identified by file, version and line. [SCO 724 p.43]. Provides a URL address on which numerous patches indicate file, version and line [SCO 902 p.2].
281 Defunct
[619]
[718] precluded		 Port of ptx ktest-rc from ptx to Linux  
282 Defunct
[619]
[718] precluded		 Use of ptx performance counters in programming Linux  
283 Defunct
[619]
[718] precluded		    
284 Defunct
[619]
[718] precluded		 Dynix/ptx implementation of RCU  
285 Defunct
[619]
[718] precluded		 Dynix/ptx implementation of RCU  
286 Defunct
[619]
[718] precluded		 Dynix/ptx implementation of RCU  
287 Defunct
[619]
[718] precluded		 Dynix/ptx implementation of RCU  
288 Defunct
[619]
[718] precluded		 Dynix/ptx implementation of RCU  
289 Defunct
[619]
[718] precluded		 AIX network test tool Seems to say that an internal tool was used first with Dynix/ptx, then later was used with Linux. [IBM 835 Exh 588 p#74].
290 Defunct
[619]
[718] precluded		    
291 Defunct
[619]
[718] precluded		 Port of ptx lightweight reader-writer lock  
292 Defunct
[619]
[718] precluded		 Dynix/ptx kmem  
293 Defunct
[619]
[718] precluded		 Dynix/ptx totimeout  
294 Defunct
[669] abandoned		   Extensive use of ptx programming experience (and a fortiori exposure to UNIX System V) in creating numerous Linux kernel patches. SCO attaches a computer disk containing 33,000 single-spaced pages of proposed code contributions. [IBM 620 p.6]. SCO withdrew Item Number 294 [SCO 669 p#16].

Footnotes

[1]"according to SCO, IBM has breached its contracts by permitting IBM developers exposed to Dynix/ptx methods and concepts to contribute to Linux in the same area where each developer worked." [Order 718 p.37]
[2]"Many of SCO's submissions are supported by a presentation given by Richard Moore of IBM's Linux Technology Center in June 2005. In the presentation it appears Mr. Moore discusses the uniqueness of Linux, Linux's advantages and how IBM has helped with Linux development. It briefly compares Linux to other operating systems such as UNIX, Solaris, AIX, HPUX, IRIX, and Dynix. In the court's view this is largely a presentation to help generate interest and business for IBM that does nearly nothing specific to demonstrate what SCO claims was misappropriated. While it discusses Kernel patches, thread locks and NUMA there is nothing that links these back to being originally owned by SCO. And even with a related "smoking gun" email there is once again little connection back to what is allegedly owned by SCO." [Order 718 p.35]
[3] SCO names and shames arch/i386/kernel/apic.c lines 331-336 and arch/x86_64/kernel/apic.c lines 284-289 [SCO 724 p.44 fn13] 
        /* Pound the ESR really hard over the head with a big hammer - mbligh */
        if (esr_disable) {
                apic_write(APIC_ESR, 0);
                apic_write(APIC_ESR, 0);
                apic_write(APIC_ESR, 0);
                apic_write(APIC_ESR, 0);
        }
(In linux-2.6.17, these are actually lines 429-435. SCO's document crassly omits the closing brace.)

Procedural History

[619] Items challenged by IBM's Motion to Limit SCO's Claims Relating to Allegedly Misused Material [IBM 619] on the grounds that they were too vague.
[669] According to SCO's Declaration of Marc Rochkind [SCO 669], the challenges to Items 2 and 204 in IBM's Motion to Limit [IBM 619] were withdrawn by IBM, and Item 294 was abandoned by SCO.
[718] The Magistrate Judge issued the Order Granting In Part IBM'S Motion To Limit SCO's Claims [Order 718] on 2006-06-28, precluding or upholding various Items (as noted above). This Order was upheld in its entirety (against SCO's objections) by the District Judge on 2006-11-29 [Order 884].
[780] IBM's Motion for Summary Judgment on SCO's Contract Claims (SCO's First, Second, Third and Fourth Causes of Action) [IBM 780]. A hearing was held on 2007-03-01 but the motion was never decided; see [1123] below.
[785] IBM's Motion for Summary Judgment on its Claim for Declaratory Judgment of Non-Infringement (IBM's Tenth Counterclaim) [IBM 785]. A hearing was held on 2007-03-07 but the motion was never decided; see [1132] below.
[894] SCO's Motion for Reconsideration of November 29th Order, refiled as [SCO 897]. This motion objected to the Order [884] which upheld the prior Order [718] which precluded certain Items as above. The motion was never decided; see [1123] below.
[913] SCO's Motion to Amend its December 2005 Submission [SCO 913]. This motion sought to enlarge the December 2005 'Final Disclosure' with additional material from SCO's subsequent Expert Reports. The motion was never decided; see [1123] below.
[956] SCO's Memorandum in Opposition to IBM's Motion for Summary Judgment on its Claim for Declaratory Judgment of Non-Infringement [SCO 956] contained the admission that SCO did not own the copyright in the material in Items 273-278.
[1123] Partial Judgment Dismissing SCO Claims [Order 1123] dismissed SCO's First, Second, Third and Fourth Causes of Action with prejudice, following resolution of the Novell Litigation.
[1132] Memorandum Decision And Order Granting In Part And Denying In Part IBM’s Motion For Partial Summary Judgment On The Basis Of The Novell Judgment [Order 1132] entered judgment in favour of IBM's Ninth and Tenth Counterclaims, following resolution of the Novell Litigation.
[Appeal] The Opening Brief Of Plaintiff Counterclaim Defendant-Appellant [Appeal-SCO] seeks to incorporate these Items by reinstating SCO's Unfair Competition Claim (Count VI) or by admitting SCO's Third Amended Complaint [SCO 495].