LinuxTag To SCO: Detail Code Theft Or Retract Claims

RoLi writes "Heise has a story (The babelfish translation sounds like a speech from Yoda, but the important facts are translated correctly.) about LinuxTag taking legal action against SCO. SCO will either have to retract their claims, disclose their "proof" (if it exists) or be fined. That's certainly good news." Update: 05/26 17:25 GMT by T : Reader Fizz points to the more understandable LinuxTag press release (in English and German), and adds: "The notice, dated Friday, May 23, maintains that SCO Group is sowing uncertainty among the community of GNU/Linux users, developers and suppliers."

Comments

What about these comments

[h00pla]

I'd be interested to know if this kind of thing constitutes libel. This is a page that SCO has posted that tries to make Stallman and Perens look bad. The use it to back up their "case".

SCO FUD Attack

[Anonymous Coward]

The company I work for sells network security products, some of which are based on Linux. We have gotten inquiries from a large user saying that SCO sent their CEO a "cease and desist from using Linux" letter.

I can't confirm that SCO actually did this, and it's not just the customer's way of pushing the issue. But, either way, it shows their FUD campaign is working.

Insanity?

[malakai]

Wouldn't this be like E3 suing Electronic Arts because Electronic Arts alleges IP violation in say a ID Software Game?

Or like COMDEX suing Motorola, because they allege Ericsson stole some technology.

LinuxTag is a conference, a media event. I think they are grossly overstepping their bounds.

Would a "Car Show" sue a major car manufacturer because said manufacturer comes up with some legal case that threatens to make all other manufacturers indebted to them? They might be pissed, but filing some legal suit for such a 4th party participant in the field is misuse of the system.

-malakai

I'm surprised Red Hat hasn't sued them yet

[bogie]

They have cleary stated that Red Hat is one of the companies infringing on their IP. If I was in charge over at Red Hat I'd being suing them right now for libel and slander. They are in effect try to destroy the reputation of Red Hat through flase claims that are in all likelyhood causing Red Hat to lose business.

You simply can't issue press release after press release slandering a company legally.

Either Red Hat thinks this will all blow over or they are really guilty along with everyone else. Sitting on the sidelines is stupid IMO and the longer these SCO claims are out there the more credence they will accumulate.

Its not time for SCO to shit or get off the pot, its time for linux vendors and service providers to go on the offense and sue the crap out of SCO for the damage this is causing. That or face the music for the infringing IP.

Re:English translation of translated English

[WCMI92]

"The problem with this is that forcing SCO to disclose evidence in a civil trial before the appropriate time will harm their ability to make their case against IBM in court. Now, I assume that SCO has sued IBM in the US, but that this action is happening in Germany, but I would imagine treaties between the US and Germany would prevent a German court from doing anything that harms SCO's case in the US."

Why? How would disclosing the "evidence" in advance damage their case? If they have allegations and evidence to BACK IT UP, it will not be changed by public exposure. Even if there were infringing code in the kernel that were disclosed by SCO and changed tomorrow, there'd still be evidence that it WAS there.

Indeed, Caldera has to disclose their evidence IN ADVANCE to the defendants anyway, it's called discovery.

The ONLY way advance disclosure would "harm" Caldera is IF THERE IS NO EVIDENCE, that all their case is are lies, inuendo, smoke and mirrors. Which I suspect that it is. Disclosing REAL evidence of infringing code in public would only STRENGTHEN their case, and put pressure on IBM and others to buy them out.

No, the purpose of this suit is to keep the "facts" secret as long as possible to drag it out as long as possible to cause economic damage to Linux and businesses that do business in Linux so as to put pressure on them to buy out Caldera.

It will backfire badly

[A nonymous Coward]

I have a naive belief in balance in the universe. Of course, the universe takes a while to make its effects known ...

But anyway, I believe this will backfire badly on Microsoft. Of course they paid SCO a bunch of money to throw more FUD in Linux's way, and free source software in general. Whether or not they put SCO up to it in the first place, I don't know.

However ... I can't see how this could have any merit, and after all has been shown to be the usual FUD, it will strengthen free source software very much. I believe that's why Microsoft is keeping quiet. They can afford to throw a few million at SCO for "licensing" and never miss it when it turns out to be a lost cause. A few pantywaists will flee Linux. Anyone with half a brain will proceed as if nothing has happened, because, well, nothing *has* happened.

And after it's all over, Microsoft's arguments about the evils of free source software will look more and more inane.

Every tactic Microsoft has tried has backfired or at least failed, and the bigger the lie, the more egg on their face when it is discovered.