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IBM is orchestrating open-source attacks, says SCO's McBride

SCO Group chief executive officer Darl McBride has claimed that IBM is stage-managing the open-source community's response to his company's $3bn lawsuit against IBM over contributions to the Linux source code.

"We have absolute direct knowledge of this. If you go behind the scenes, the attacks that we get that don't have IBM's name on them, underneath the covers, are sponsored by IBM," he said.

When responding to criticism that his company is trying its case against IBM in the press, McBride said that SCO has simply been standing up for its rights when attacked.

However, SCO's public relations department has had a busy few months. McBride proudly dumped two phone-book-sized binders of press clippings on the stage during his SCO Forum keynote on Monday as proof that his company had become more relevant in the high-technology industry.

SCO has issued 46 press releases since filing suit against IBM on 7 March. Last year, it issued only 29 press releases between March and August.

SCO sued IBM in March, claiming it had inappropriately contributed code to the Linux operating system in violation of a Unix licensing contract that IBM had signed with AT&T but that had later been transferred to SCO.

In May, Novell claimed that it, and not IBM, had the rights to the Unix source code - a claim it later retracted.

Three months later, in August, Linux distributor Red Hat sued SCO in connection with its Linux claims, and two days later IBM filed a counterclaim against SCO, accusing it of ten charges, including breach of contract, interference with prospective economic relations and violation of a number of IBM's software patents.

Since the IBM suit was launched, SCO has been blasted by Linux enthusiasts and developers. The level of SCO criticism increased this week as Linux enthusiasts analysed two snippets of code that SCO presented as proof of intellectual property violations in Linux.

McBride declined to reveal the sources of his allegations, but he claimed that IBM was involved in Novell's and Red Hat's responses to SCO's lawsuit.

"Even though IBM looks like they're not really involved in it, they're very involved," he said. "From a PR standpoint, they're able to extract themselves from the dispute, and so they throw Red Hat at us, they throw Novell at us, they have [Open Source Initiative president] Eric Raymond on their payroll. They have all these guys that they fund and then they just step back and watch the fracas go on."

IBM spokeswoman Trink Guarino declined to comment on McBride's allegations other than to say, "the open community is completely capable of reacting on its own to SCO's allegations."

Red Hat spokeswoman Leigh Day was even more taciturn, saying only, "The suit was filed by Red Hat alone."

However, Raymond, who in March co-authored a position paper criticising SCO's claims, was more forthcoming. "IBM had absolutely nothing to do with the publication of that position paper," he said.

"IBM's legal people have not been co-ordinating attacks on SCO. . . Those attacks have been happening because our community is outraged. IBM didn't have to talk to us or suborn us or bribe us or anything else. They happened because we were outraged by SCO's attempt to hijack our work."

After the position paper was published, Raymond was quizzed by IBM lawyers on what he had written. "I'm proud to say that I think it helped them," he said, adding that he has never acted as an agent or spokesman for IBM.

McBride also pointed to the involvement in the dispute of the Free Software Foundation, whose legal counsel, Eben Moglen, has issued a position paper critical of SCO, and Linus Torvalds, who has been increasingly vocal in his criticism of the Unix company.

"You've got all of these guys and it looks like the whole world is coming against SCO. It's really IBM that has wired in all of these relationships," he said. "That's why it looks like they're sitting back and not doing anything. It's us fighting a whole bunch of people that they put on the stage."

Novell declined to comment on this story.

Robert McMillan writes for IDG News Service


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