Z:gnu-www-ja-sco-without-fear--a31c82-Mr.=26nbsp;McBride's second exam/en

Mr. McBride's second example was only slightly less unconvincing. Mr McBride showed several dozen lines of memory allocation code from &ldquo;Linux,&rdquo; which was identical to code from Sys V. Once again, however, it turned out that SCO had relied on &ldquo;pattern-matching&rdquo; in the source code without ascertaining the actual history and copyright status of the work as to which it claimed ownership and infringement. The C code shown in the slides was first incorporated in Unix Version 3, and was written in 1973; it descends from an earlier version published by Donald Knuth in his classic The Art of Computer Programming in 1968. AT&amp;T claimed this code, among other portions of its Unix OS, as infringed by the University of California in the BSD litigation, and was denied a preliminary injunction on the ground that it could not show a likelihood of success on its copyright claim, because it had published the code without copyright notices and therefore, under pre-1976 US copyright law, had put the code in the public domain. In 2002, SCO's predecessor Caldera released this code again under a license that permitted free copying and redistribution. Silicon Graphics, Inc. (SGI) then used the code in the variant of the Linux program for &ldquo;Trillium&rdquo; 64-bit architecture computers it was planning to sell but never shipped. In incorporating the code, SGI violated the terms of Caldera's license by erroneously removing Caldera's (incorrect) copyright notice.