SCO offers Linux licences to customers

SCO is offering a licence to protect Linux users from legal action for using its source code, which it claims is in Linux.

The company is to offer a UnixWare licence to support the use of Linux based on kernel version 2.4.x and later.

SCO will "hold harmless" commercial Linux customers, provided they buy a UnixWare licence against any past copyright violations, and for any future use of Linux "in a run-only, binary format".

It will start contacting businesses this week regarding their use of Linux and offering the UnixWare licence.

And it warned that it "intends to use every means possible to protect the [SCO's] Unix source code and to enforce its copyrights".

In May, SCO said Linux contained SCO's Unix System V source code, and that Linux was an unauthorised derivative of Unix. The company also indicated that Linux end-users could be held liable for running it in their organisation.

"Since 2001, commercial Linux customers have been purchasing and receiving software that includes misappropriated Unix software owned by SCO," said Chris Sontag, SCO senior vice president, in a statement.

"While using pirated software is copyright infringement, our first choice in helping Linux customers is to give them an option that will not disrupt their IT infrastructures.

"We intend to provide them with choices to help them run Linux in a legal and fully paid-for way."

SCO claims that "hundreds of files" of misappropriated Unix source code and derivative Unix code have been contributed to Linux in a variety of areas, including multi-processing capabilities.

Darl McBride, SCO's president and chief executive, said: "For several months, SCO has focused primarily on IBM's alleged Unix contract violations and misappropriation of Unix source code.

"Today, we're stating that the alleged actions of IBM and others have caused customers to use a tainted product at SCO's expense."

McBride believes tens of thousands of customers will opt to buy a licence.

"Though we possess broad legal rights, we plan to use these carefully and judiciously," he added.

"Intellectual property is valuable and needs to be respected and paid for by corporations who use it for their own commercial benefit. The new UnixWare licence accomplishes that objective in a fair and balanced way."

The Linux kernel is distributed under the GNU Public Licence, which states that sublicensing is not allowed.

But the GNU licence, which governs all distributions of Linux, states: "You may not copy, modify, sublicense, or distribute the Program [Linux in this case] except as expressly provided under this licence.

"Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this licence."

SCO also announced it has received US copyright registrations for Unix System V source code, a jurisdictional prerequisite to enforcement of its Unix copyrights.