SCO's display of code it alleges was copied into the Linux kernel by IBM -- a piece of evidence critical to its US$3bn lawsuit against Big Blue -- has come under fire from Linus Torvalds and Linux advocates who claim the code shown was released under an open-source licence several years ago.
The ruckus erupted when SCO showed its "smoking gun" to delegates at its conference in Las Vegas yesterday. A German journalist photographed some of SCO's presentation slides, despite attendees being required to sign non-disclosure agreements before attending the event. The slides then came under the full scrutiny of Linux advocates, with one, former Hewlett-Packard open-source strategist Bruce Perens, publishing a damning analysis online.
Perens claims the code can be traced to AT&T, which developed the Unix code eventually sold to SCO, and was written as far back as 1973. Since then it has been released under varying licences as open-source code -- Perens argues that even Caldera, the company now known as SCO, made the code open itself under a special licence
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