SCO’s legal moves change the open source landscape

Enterprise IT dislikes uncertainty. Although it’s hard to imagine that the SCO challenge could put an end to open source as we know it, the case has presented interesting openings for proprietary vendors.

Microsoft and Sun Microsystems are using the opportunity to point to the stability of the code base of their operating systems. While the Linux community frets, Microsoft and Sun have signed deals to license SCO’s Unix intellectual property. Customers can be assured that Windows and Solaris will be there for their customers, whatever happens, the companies say.

No surprises there, analysts are quick to point out.

“It’s not a beauty contest about code. They are looking out for their own best business interests,” says Rob Enderle, principal analyst at The Enderle Group. “Raising concerns about the legal underpinnings of source code would benefit anyone who has a long history of control over source code — and that would be Microsoft and Sun.”

And as expected, Microsoft and Sun are espousing the benefits of tightly controlling their own code and enforcing the policy with its arsenal of licensing programs. “Regardless of how SCO makes out, Microsoft figures to go on tooting its own horn about the benefits of owning its own code because users know where it comes from and so gives them peace of mind. I suspect Sun might do the same,” says Dana Gardner, an analyst at The Yankee Group.

Sun is also staying focused on the stability of its platforms. The merit of the lawsuit, says John Loiacono , Sun’s vice president of operating systems, “is not for us to decide.” If Linux development is stymied, Sun will lose business from its low- and midrange Linux-based products, Loiacono says. But that is the lesser of two evils. “We remain committed to our operating system, … and we want to own the intellectual property, not license it from somebody else.”

Although Microsoft is staying out of the legal fray, the Redmond giant will certainly capitalize on the fallout. “Our dealings with SCO, in the form of an intellectual property license, are focused specifically on intellectual property compliance and ensuring IT interoperability for our customers,” says Mark Martin, a Microsoft representative.

Although it has not entered a license agreement since SCO initiated its campaign, Apple is another vendor that stands to benefit from the uncertainty. “Apple was one of the potential casualties of a successful Linux,” Enderle says. “But now that Linux is under this cloud, Apple looks like it is holding a little better at least in mind share. You don’t see a lot of product movement, but there is less of this feeling that Linux is going to take Apple out, which is what I think they were suffering through an awful lot last year.”