Bonum Certa Men Certa

Kevin McBride Takes on Linux

Color eye



Summary: SCO plans to appeal again; Kevin McBride, the brother of SCO's disgraced (and fired) CEO from Novell, is saying that "Linux DOES violate UNIX copyrights" and shortly afterwards he throws some code out there, then suppresses further discussion

According to some community sites, news sites like IDG's [1, 2], and also some blogs, SCO still wants to appeal the decision which says it owns none of UNIX. Even ABC covered it (via AP):



A Utah company is appealing a verdict in a court battle with Waltham-based Novell over ownership of Unix computer server operating systems. A jury ruled that Novell owns copyrights to Unix, even though it sold licensing rights for the technology in 1995 to The SCO Group of Lindon, Utah.


From the Microsoft-sympathetic Motley Fool:

And even when there is a contract available, legalese is far from plain English -- Novell (Nasdaq: NOVL) and the big blue IBM (NYSE: IBM) machine have been fighting contract claims from SCO Group for more than seven years, over a document that was already eight years old when they started.


Despite IBM showing that SCO's claims are bunk, SCO is still at it and it has gotten a new sidekick: Kevin McBride.

It has already been told by the press that after 7 long years of having nothing but allegations without proof, Darl McBride's brother is forced to back up allegations that he made against Linux in a very embarrassing circumstance (speaking out against the practices used by his brother). Barbara produced a quick summary explaining what had happened:

In a blog post dated July 10th, 2010, Kevin McBride has leaked almost 50 of the code comparisons that were submitted in evidence in SCO vs Novell. You can download the archive.

Read on to view individual files if you don't want to download the whole thing.

Yes, this is the same Kevin McBride who says:
Software should not be “free.” In this new day and age of corporate control of the world, IP rights are an important barrier of protection that help the little guy. Big companies mostly don’t need IP rights, because they can get their way through force and market power. Small companies and individual developers need strong IP rights so the fruits of their labor are not commoditized by big companies. ...

I greatly respect Prof. Stallman and his efforts to create a clean GNU tool chain. Prof. Stallman seems to be an IP purist, who may not believe in copyrights, but would never think of bending the rules. (I’m not sure this is the case, but it is my perception of him.) ...

Whether you like it or not, the SCO cases have imposed a level of IP discipline on the open source software world that did not exist before SCO.


Watch the original from Darl McBride's brother. He ended the discussion and closed the comments after getting "OWNED", as the saying goes. Alas, by closing the discussion he could not suppress speech; he only relocated speech to an external platform he could not control. He just doesn't understand how the Internet works, does he?

Some people reserve judgment, Slashdot is where most of the discussion takes place, and discussion about IBM's side takes place in Groklaw.

Back in 2006, IBM filed a document in the SCO v. IBM litigation that includes five reasons IBM told the court it has what it called "a complete defense" to any SCO claim of copyright infringement, even if SCO had any UNIX copyrights, which a jury in Utah has just ruled it doesn't.

It talks about ELF, Streams, all the oldies and goodies, the claims that survived Magistrate Judge Brooke Wells's order granting IBM's motion to limit SCO's claims as a sanction. Most of SCO's list of allegedly infringed materials, filed by SCO under seal, was tossed for lack of specificity. It wasn't a long list, in any case, as you will see, judging from IBM's math.


"Even as SCO dies, the company lies," alleges SJVN:

In the latest revival of SCO's long disproved claims that there's Unix in Linux, Kevin McBride, brother to SCO's ex-CEO's Darl McBride, claims in the comments to a post about the Lanham Act at his law firm's Website that, "after careful review of all these issues, … Linux DOES violate UNIX copyrights, particularly in ELF code and related tools (debugger code, etc.), header file code wherein implementation code (not just the header interface) have been copied verbatim; STREAMS code; etc. that the Linux community use without license. Then there is the entire question of the overall structure and sequence of Linux being almost an exact copy of UNIX."

McBride goes on to write, "There was MUCH more submitted in the SCO v. IBM case that I cannot disclose publicly because it is comparison of code produced by IBM under court protective order that prohibits disclosure." Oh no! Not the old SCO, "We do have evidence but we can't show it to you!" line.


Shame on SCO and shame on Darl McBride's brother, who foolishly stained his firm's name by associating it with SCO's case.

Recent Techrights' Posts

Slop Technica: Ars Technica Seems Like Repeat Offender, a Part-Time Slopfarm
The culprits are repeat offenders, but the publisher will never admit this in public
Where Microsoft's Bing Cannot Even Reach 1% "Market Share"
Looking at "I" countries
Links 16/02/2026: Barack Obama Responds to Racist Cheeto and Benjamin Mako Hill Studies Online Communities
Links for the day
 
Links 17/02/2026: Why OpenClaw is Very Sleazy and Ars Technica Exposed as Hub of LLM Slop (Credibility Destroyed Overnight)
Links for the day
Benj Edwards (Ars Technica) Used Fake Articles to Promote Ponzi Scheme for Conde Nast and Its Client (Marketing)
What Ars Technica and Conde Nast do here helps defraud the general public
Only One in 50 Saudis Would Use Microsoft for Search, Almost Same as Would Use Russia's Yandex
If statCounter is to be trusted
Microsoft's "AI" Concerns Are All Indian (or Low-Paid Workers Who Work Extra Hours Unpaid)
portraying charlatans and frauds like they're some kind of visionaries and luminaries
Microsoft Turned Bing Into Censorship Machine of China, But Bing Is Pegged at a Mere 2% in Asia, Yandex is Bigger
Expect many Bing layoffs some time soon (like in past years)
Just Like The Register MS, Conde Nast's Ars Technica Has Just Publicly Admitted That It Published Fake Articles (Slop) Made by LLMs About Serious Subjects
Conde Nast might shut Ars Technica down to escape the bad publicity/association
Solicitors Regulation Authority (SRA) Way Too Slow to Respond to Financial Fraud at Law Firms, in Effect Helping Those Law Firms Defraud Many More People (Fleecing Clients)
Who will hold the SRA accountable for this?
Techrights Became a Hub for News That IBM/Red Hat Doesn't Want You to See (and Pays Mainstream Media to Distract From)
the more viciously the notorious organisation attacks the reporter, the greater the interest in what the reporter has to say
EPO's Central Staff Committee on Fourth Technical Meeting, Two Days Before First of (At Least) 4 Winter Strikes at the Second-Largest European Institution
“future orientations on the salary adjustment procedure”
IBM's Collapse Continues, Half of EU Countries to Have Mass Layoffs, "IBM Clearly Disinvests From Europe" Says IBM European Works Council
Recent publication
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Monday, February 16, 2026
IRC logs for Monday, February 16, 2026
Gemini Links 17/02/2026: Alpenglow Industries' Closure and Gemini Server Issues
Links for the day
The Southern California Linux Expo (“SCALE”) or SCALE 23x Becomes Microsoft
It's not supporting the event, it is buying it.
Microsoft to Focus on Name-Dropping Buzzwords to Distract From Declining Business, IBM RAs (Layoffs) With Staff Stack-Ranked
Calling everything cloud or reclassifying as "AI"
Another EPO Strike One Week From Now, Local Staff Committee Munich to Discuss It This Week
Campinos MIA while Office staff goes on strike at least 4 times
Gemini Links 16/02/2026: Task Completed by Avoidance and "Playing Again With Akkoma"
Links for the day
Happy Birthday (or Anniversary) to SoylentNews
"Happy Birthday SoylentNews"
Techrights' Architecture
Stability is the main goal
IBM Reduces the Thresholds for Acceptance (and the Salaries)
Are chatbots good enough as IBM staff?
When It Comes to Rust, Keep All the Eyes on the Ball (Technical and Legal Perils, Sustainability Questions)
It's not about security or politics
Linux Foundation Continues Falling Off a Cliff in Geminispace
Gemini Protocol will turn 7 this summer
Links 16/02/2026: cURL’s Daniel Stenberg Asserts That Slop is DDoSing Free Software, But Still Uses a Plagiarism and GPL-Violating Blender (Microsoft GitHub)
Links for the day
The Techrights Community Never Needed Money, Only Goodwill
We accomplish things by a track record of suppressed facts
"AboutCode" is a Microsoft Proxy and Microsoft's Acquisition of the OSI Advances Via OSI Moles
presenting direct evidence anybody can verify
Social Control Media is Just a Digital Weapon
Social control media is not social and not media
They Will Call Smart People "Luddites"
Is society "seeing the light"?
Microsoft Amutable Already Reveals That Its Focus Is Not Linux, It'll Promote "Remote Attestation"
This is basically an attack on Software Freedom, even if they toss around the brand "Linux"
More People in Chad Move to GNU/Linux
Last year we began to see GNU/Linux rising there - a trend which continues this year
Dr. Andy Farnell on How Universities and Culture of Education Got Crushed by "Technofascist Nightmare"
Farnell says he "already soft-quit in [his] mind"
Debt of Broadcom Grew by More Than 50%, Broadcom is Deeper in Debt Than Google
Expect many more cuts
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Sunday, February 15, 2026
IRC logs for Sunday, February 15, 2026
Links 15/02/2026: Slop, Politics, and Gemini
Links for the day
Small is Beautiful (in Cascading Style Sheets/Inheritance Rules)
If done correctly, pages can take a tenth of a second to fully load
Microsoft Has Fallen to New Lows in Hong Kong This Year
That Windows "market share" falls there is perhaps expected
Free Software Foundation (FSF) Raised About 1.5 Million Dollars This Winter, Almost 50% More Than in All of 2024 Combined
Verbal advocacy goes a long way
Spread the Word About EPO Strikes and Patent Injustices in Europe
Corruption in Europe is a real thing
The Register MS is Promoting Slop, Promotion Connected to Microsoft (Trying to Replace Judges With Microsoft)
marketing spun as "science"
He Did Not Have Enough Souls
A lot of the subjects we cover here no other site dares touch
"Mix Vale" is a Slopfarm
3 "articles" about "ubuntu"
Links 15/02/2026: Roy Medvedev Dead at 100, Rise of "YouTube Politicians"
Links for the day
Links 15/02/2026: How Alexey Navalny Was Executed by Putin, Erdogan Helping Iran
Links for the day
IBM Fedora Keeps Promoting Slop, Red Hat Has Been Turned Into Chaff and Trash to Help IBM's Stock (With "AI" Storytelling)
Red Hat's Fedora is an old brand (20+ years). It no longer stands for what it meant to people in the Fedora Core days (I was a Fedora user back then).
What IBM Said About 2026 Layoffs and What's Happening in Practice
t'll leave IBM at the very bottom, in due course (customers will notice something profound has changed)
Gemini Links 15/02/2026: "Already Midway February" and Loadbars Remembered
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Saturday, February 14, 2026
IRC logs for Saturday, February 14, 2026