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SCO Gives Friday Deadline To IBM

bcisys writes "Reuters is reporting that SCO is planning to revoke IBM's license to Unix this Friday unless IBM settles SCO's claim that parts of its Unix code are being used in Linux. 'If we don't have a resolution by midnight on Friday the 13th, the AIX world will be a different place', SCO President and Chief Executive Darl McBride told Reuters News. 'We've basically mapped out what we will do. People will be running AIX without a valid license.'"

914 comments

  1. Stop!! by craenor · · Score: 5, Funny

    ...Or I'll say Stop again!

    I mean it this time too, pal.

    1. Re:Stop!! by Goldberg's+Pants · · Score: 4, Interesting

      I think I speak for all of us when I say that everyone at SCO who is involved with this nonsense, the world would be better off if they just upped and left the planet (voluntarily or by force, not picky).

      I say let this thing go to court, then SCO will have to prove it, which they can't, because it's all lies. That'll be fun:)

    2. Re:Stop!! by zeruch · · Score: 5, Insightful

      the whole scenario seems strikingly Pythonesque. SCO (Stupid Crappy Operation) seems to have become the DPRK of tech, a seemingly isolated, insular fringe player on the scene that is in a steep decline and has resorted to a twisted form of brinkmanship to keep in play, leaving the rest of the players somewhere between arggravated and bemused.

    3. Re:Stop!! by Paleomacus · · Score: 1

      You seem to be pretty comfortable hiding behind the "We Hate the World" shield.

    4. Re:Stop!! by Anonymous Coward · · Score: 0

      No, slashdot != the world. I only hate you and Barbara Streisand. Everything else is pretty cool.

    5. Re:Stop!! by Anonymous Coward · · Score: 0

      you seem pretty comfortable at not making sense.

      the guy you responded to, made it clear that he does not like sco.

      can you tell me kind sir, how him hating sco now is transformed into "he hates the world"

      your post is going to get a 1.

      but you deserver far worse.

      for making stupid posts.

    6. Re:Stop!! by Anonymous Coward · · Score: 0

      Please don't use a nuke to do it. On second thought, nobody will miss Provo.

    7. Re: Stop!! by Black+Parrot · · Score: 4, Insightful


      > You know what would be even cooler? If they took it to court, and they did have the evidence to prove it, and they won.

      Problem is, SCO isn't acting like a corporation that has the facts on its side.

      If they did, they wouldn't need deadlines like this; they'd be overjoyed to let it go to court, or to let IBM approach them with an offer.

      --
      Sheesh, evil *and* a jerk. -- Jade
    8. Re:Stop!! by Anonymous+Brave+Guy · · Score: 1

      You haven't been reading your PDA properly, have you? You forgot to add the words "...or else!" :-)

      --
      If you disagree, post your argument. (-1, Overrated) isn't your personal censorship tool for views you don't like.
    9. Re:Stop!! by macdaddy357 · · Score: 1

      Why the hell is IBM putting up with this crap? They could make all those assclowns at SCO sleep with the fishes at the drop of a hat. They have done it before. Make them an offer they can't refuse. Capiche?

      --
      How ya like dat?
    10. Re:Stop!! by ncc74656 · · Score: 1
      the whole scenario seems strikingly Pythonesque. SCO (Stupid Crappy Operation) seems to have become the DPRK of tech

      If you were going to call the situation "Pythonesque," I figured you would've compared $CO to the Black Knight or something similar.

      (Prediction: Big Blue will 0wn their dumb asses, at which point Darl what's-his-face will call it a "draw." (What the hell kind of name is "Darl" anyway? Did they mean to type in "Carl", but slip up?))

      --
      20 January 2017: the End of an Error.
    11. Re:Stop!! by grub · · Score: 5, Funny


      Why the hell is IBM putting up with this crap?

      They're buying time. At 12:01 AM Saturday morning SCO's creditors will be backing up the moving vans... ;)

      --
      Trolling is a art,
    12. Re:Stop!! by Black+Copter+Control · · Score: 1
      Prediction: Big Blue will 0wn their dumb asses, at which point....

      Yeah, well some people figure that this was SCO's intention from word go. Annoy IBM so much that they decide buying the company out is cheaper than dealing with a court case and the resulting FUD.

      --
      OS Software is like love: The best way to make it grow is to give it away.
    13. Re:Stop!! by dbrutus · · Score: 1

      In other news, IBM announces that it will be offering free licenses of Mac OS X for all its Power 4/5 customers who wish to switch out of AIX because of the fearsome SCO legal team.

      I'm sure in some alternate universe this really happens.

    14. Re:Stop!! by flatface · · Score: 1

      But he can't-- SCO owns that patent. :P

    15. Re:Stop!! by Guppy06 · · Score: 5, Funny

      In other news, IBM's public relations department issued a very large yawn, immediately followed with "I'm sorry, did you say something?"

    16. Re: Stop!! by PeteQC · · Score: 5, Insightful

      It's possible that SCO wants IBM to sue them. Let's me explain this: if IBM sur SCO, it's IBM's job to prove that they didn't use Unix code in Linux. If SCO sue IBM, it's SCO's job to prove that IBM used Unix' code. The difference is small, but important! (Sorry for my bad English)

      --
      Montreal - Best city to live in!
    17. Re:Stop!! by Eclipce · · Score: 1

      You never want to get into a hissing match with a snake. Just a waist of time.

    18. Re:Stop!! by outsider007 · · Score: 5, Funny

      does this mean /. will stop posting sco stories on saturday? yay!

      --
      If you mod me down the terrorists will have won
    19. Re:Stop!! by Anonymous Coward · · Score: 0

      Or we would just whine about stupid libertarian/Republican Dog Eat Dog/Survival of the fittest idiots "you know, the ones that believe that the rich that own a great deal of stock in a conglomerate corporation shjould own everything, and the poor should have nothing", such as yourself.

    20. Re:Stop!! by oldpelican · · Score: 1

      Big deal. IBM will just get an injunction, request that it be made permanent and SCO will have to show cause for its intended action. IMO, SCO is pushing things because their scheme is coming unstuck.

    21. Re:Stop!! by AJWM · · Score: 4, Funny

      (What the hell kind of name is "Darl" anyway? Did they mean to type in "Carl", but slip up?)

      I don't know, maybe he was named "Darlene" before the SC operation?

      --
      -- Alastair
    22. Re:Stop!! by Anonymous Coward · · Score: 0

      Is it just me or is SCO like the North Korea of software companies?

    23. Re: Stop!! by Anonymous Coward · · Score: 0

      It's possible that SCO wants IBM to sue them. Let's me explain this: if IBM sur SCO, it's IBM's job to prove that they didn't use Unix code in Linux. If SCO sue IBM, it's SCO's job to prove that IBM used Unix' code.

      I don't think so, if IBM sued SCO (ha, the attack of the acronyms), it would be for something like interfering with their business, making false claims, filing frivilious lawsuits, things like that. It would still be up to SCO to prove that their claims have merit.

    24. Re:Stop!! by Seclusion · · Score: 1

      Sorry, you have to wait until "the return of the ibm" in episode 6.

    25. Re:Stop!! by Anonymous Coward · · Score: 0

      Stop or My Mom Will Shoot

    26. Re: Stop!! by Anonymous Coward · · Score: 0

      Not really. Innocent until proven guilty doesn't apply in US civil court, so it doesn't matter who files suit first.

    27. Re:Stop!! by Vaystrem · · Score: 1

      "I think I speak for all of us when I say that everyone at SCO who is involved with this nonsense, the world would be better off if they just upped and left the planet (voluntarily or by force, not picky)."

      I don't because I think i'd be willing to pay licensing fees for viable space travel .... well maybe not SCO brand space travel (perhaps IBM)

    28. Re:Stop!! by yourmom16 · · Score: 2, Funny

      No we'll still have dupes about SCO for weeks.

      --
      "We have got to make Stan understand the importance of voting, because he'll definitely vote for our guy." - South Park
    29. Re:Stop!! by Anonymous Coward · · Score: 0
      What the hell kind of name is "Darl" anyway? Did they mean to type in "Carl", but slip up?

      Nope. The pansy's full name is "Darling". It's an abbreviation.

    30. Re:Stop!! by dbrower · · Score: 2, Funny
      Phythonesqe- indeed, a certain Miss Anne Elk comes to mind. "This theory, which is mine..."

      -dB

      --
      "It if was easy to do, we'd find someone cheaper than you to do it."
    31. Re:Stop!! by jimmyharris · · Score: 2, Funny

      I don't know, maybe he was named "Darlene" before the SC operation?

      Known as SCO for short...

    32. Re: Stop!! by surprise_audit · · Score: 4, Informative
      Forget about the code, this is about SCO revoking IBM's Unix license...

      IIRC, recently someone at IBM said that they believe their Unix license to be "in perpetuity". He may have said "irrevocable" as well, I'm not sure. If IBM truly does have a perpetual Unix license, then:
      1) SCO probably can't revoke it;
      2) If SCO claim they can revoke a perpetual licence, they'll be looking at being dragged through court;
      3) If SCO actually can revoke the license, expect IBM to sue SCO to get the balance of their license fee back, which would be all of it. perpetual - 20? years = near enough perpetual...
      4) Isn't this extortion anyway? Like SCO threatening to sue Linus if other people don't roll over? Like a hijacker saying, "I'll shoot this kid if you don't give me fuel"??

    33. Re:Stop!! by Anonymous Coward · · Score: 0

      Only wankers reply to sigs.

      Hey, I'm not a wanke... DAMNIT!

    34. Re:Stop!! by fenix+down · · Score: 1

      Now the question is, which SCO is the better investment?

    35. Re: Stop!! by amorsen · · Score: 1
      if IBM sur SCO, it's IBM's job to prove that they didn't use Unix code in Linux. If SCO sue IBM, it's SCO's job to prove that IBM used Unix' code.

      This is wrong. There is no presumption of innocense in civil cases.

      --
      Finally! A year of moderation! Ready for 2019?
    36. Re: Stop!! by Imperial+Tacohead · · Score: 3, Informative

      Well, a perpetual and irrevocable license doesn't mean anything if you violate the terms of the license. In this case, if IBM did copy Unix code into Linux, that would almost undoubtedly be a violation of their eternal Unix license. In which case SCO would probably be well within their rights to revoke it, and certainly wouldn't owe IBM a refund.

    37. Re:Stop!! by Malfourmed · · Score: 1
      SCO [...] seems to have become the DPRK of tech, a seemingly isolated, insular fringe player on the scene that is in a steep decline and has resorted to a twisted form of brinkmanship to keep in play, leaving the rest of the players somewhere between arggravated and bemused.
      Interesting analogy, especially if you take it further. There's a genuine fear that the DPRK actually has a couple of doomsday devices up its sleeve that - while they won't guarantee their survival let alone victory - will cause a huge amount of destruction in a worst-case scenario.

      What's SCO got up its sleeves?

    38. Re:Stop!! by Anonymous Coward · · Score: 0


      Crash!!!

      Ah ha! Nobody expects the SCO Fishing Expedition! Our chief weapon is surprise! Surprise and fear! Fear and surprise!

      Amongst our weaponry are Fear! Surprise! Doubt! Ruthless lawyers, and an almost fanatical devotion to licensing agreements.

    39. Re: Stop!! by surprise_audit · · Score: 4, Informative
      Agreed, that if IBM copied Unix code, then they violated their license. But SCO are making the accusation, failing to prove it either by publishing irrefutable facts or by legal judgement, and are trying to stampede Big Blue into accepting an offer of settlement. Which all sounds a bit like a used car salesman trying to force the sale of a substandard car by implying that others buyers are about to make an offer.

      Have you read the OSI position paper that demolishes SCO's claims? Among other things, it states that not only did Linux acquire SMP, JFS and other things before IBM was involved, but also that SCO's own Unix doesn't have those things now. Well, not reliably, anyway. So, stating that Linux is only enterprise-ready because IBM illegally copied SCO's code is laughable at best...

    40. Re: Stop!! by mattsucks · · Score: 2, Insightful

      Nah, IBM would sue SCO for illegally revoking their Unix license. After all, SCO currently just alledges that IBM has crossbred Unix and Linux. They haven't proven it yet. Unless the court case happened and I missed it, which I doubt. I'd imagine the contract can't be revoked just on allegations of wrongdoing. Whether or not Linux is tainted doesn't matter. SCO can't say "we think you're bad, we're not going to prove it, but all your codebase are once again belong to us".

      Or maybe I'm just blowing wind ... contract law for me is usually a handshake and a "cool, I'll have it to you by Friday".

    41. Re:Stop!! by rowanxmas · · Score: 1

      <i> ...Or I'll say Stop again!</i><br><br>
      Is this similiar to saying "nee!"?

    42. Re:Stop!! by shepd · · Score: 1

      Good point. We'd be totally screwed, because without those 85 lines of code, we'd never be able to get linux to operate.

      And there's no possible way to rewrite them either. No sir diddly, never more than one way to do anything at all.

      You're a hoot.

      Oh, and to the other AC that replied: I'm libertarian. Being that and realising the stupidity of SCO's moves aren't mutually exclusive. And libertarians don't believe in buying laws at all, so that covers pretty much everything else.

      --
      If you could be told what you can see or read, then it follows that you could be told what to say or think - BoC
    43. Re:Stop!! by fanpoe · · Score: 2, Insightful

      It's not buying out SCO that would be expensive for IBM. It's setting the precedent that this is a viable exit strategy. The suits would be never ending (although this this one is starting to seem that way)

    44. Re:Stop!! by flyingace · · Score: 1

      My former manager @ a previous 'Linux' distro company used to be from SCO. He was a pretty cool guy... I dont think all the SCO employees share the idiologies of the management.

    45. Re: Stop!! by Basje · · Score: 3, Insightful

      True. I think it's hard to make this one fly by SCO. They are cutting their own lifeline. There's just too many steps that have to be proven to get there:

      SCO claims that there is Unix code in Linux, put there by IBM in violation of their agreement.

      To revoke the agreement they have to prove
      1. That there is code in Unix that is also in linux
      2. That the code was actual Unix code, put in linux, not vice versa.
      3. That the code was put in there by IBM
      4. That putting it in there was a violation of the agreement
      5. That this is grave enough to terminate the agreement

      If you even get to 5, it is hard to prove, because the damages done to IBM probable are well in excess of the damages suffered by SCO.

      So I do think SCO just made it harder on themselves.

      --
      the pun is mightier than the sword
    46. Re: Stop!! by GrassyKnowl · · Score: 2, Insightful

      SCO reminds me of that crazy dictator in N. Korea making wild threats.

    47. Re:Stop!! by Anonymous Coward · · Score: 0

      If do not stop I shall say Neet to you again.

    48. Re: Stop!! by MEK · · Score: 1
      This is wrong. There is no presumption of innocense in civil cases
      True -- but one typically has to prove one's case based on the "preponderance of the evidence" standard. In other words, yoour evidence of violation must "outweigh" your opponent's evidence of "non-violation". This is easier to do than proof "beyond a reasonable doubt" -- but it is not a trivial burden. MEK
      --
      Credo quia impossibilis -- Tertullian
    49. Re:Stop!! by Anonymous Coward · · Score: 0

      SCO, the North Korea of the computing world...

    50. Re: Stop!! by TillmanJ · · Score: 1

      True, but the salient point is that SCO would first have to PROVE that IBM had violated the terms of the agreement, putting SCO right back to having to sue to prove it. Assuming that IBM does have a 'perpetual' license and SCO pulls it on Friday night without proving IBM broke the terms of the license, IBM can then sue SCO for any number of things, chiefly breach of contract, and demand some combination of reinstatement of the license, refund, damages, other caveats...

    51. Re:Stop!! by TopShelf · · Score: 1

      Or as my wife's Southern grandmother says, "you can't out-puke a buzzard..."

      --
      Stop by my site where I write about ERP systems & more
    52. Re: Stop!! by A55M0NKEY · · Score: 1

      I think it depends on the actual wording of the license. If the license says that IBM can do X Y and Z with Unix in perpituity then a seperate copyright violation ( Q = allegedly putting unix code into linux ) may have nothing to do with the license. By default IBM is not allowed to do that, so the license probably does not mention that restriction. The license is probably merely a 'bill of rights' for IBM ( payed for of course ).

      --

      Eat at Joe's.

    53. Re:Stop!! by Anonymous Coward · · Score: 0

      If the 85 lines of code were "stolen", then it is reasonable to expect a punishment for IBM. You can't just change the stolen code and pretend nothing happened- that defeats the whole purpose of IP.

    54. Re: Stop!! by Anonymous Coward · · Score: 0

      A common misconception. Civil trials simply don't work in this way, the jury (or judge) instead judges the evidence on face value. This is why there are things like partial judgements, or times when one side gets even more than they were asking for. The burden of proof is not on either side, nor does either side have to overcome reasonable doubt. Both concepts are used in criminal trials, not civil.

    55. Re: Stop!! by Dunkirk · · Score: 1

      IBM will get an injunction. They can show some of the OSI arguments to a judge and just get a revokation stopped until the case goes to court.

      --
      Acts 17:28, "For in Him we live, and move, and have our being."
    56. Re: Stop!! by jedidiah · · Score: 1

      In a civil court, the burden of proof is still on the plaintiff. They just have a substantially lower burden.

      It's just 51% rather than ~99% percent.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    57. Re:Stop!! by Hiro+Antagonist · · Score: 1

      Sex Change Operation...SCO.
      Santa Cruise Operation...SCO.

      Coincidence? I think not!

      --

      --
      I Hit the Karma Cap, and All I Got Was This Lousy .sig.
    58. Re: Stop!! by vladkrupin · · Score: 1

      Well, a perpetual and irrevocable license doesn't mean anything if you violate the terms of the license.

      True, but I don't think you can revoke a license based on a mere allegation.

      It's like your old mortgage company, whom you already paid in full for your house, coming to your door and saying "We are taking your house back because we know that you remodeled your den into a bedroom without permission from us, and you weren't alllowed to do so. No, we can't prove that, and we are not going to come in to see if it's really remodeled. We'll just take your house back."

      You think anybody can do that? I do not think a mere allegation is enough to break or revert a contract, unless both parties agree to that, and I am sure IBM won't agree to kill its AIX for nothing.

      --

      Jobs? Which jobs?
    59. Re:Stop!! by jedidiah · · Score: 1

      OTOH, a punishment should fit the crime.

      Based on the maximum historical theoretical value of SCO's business, 85 lines of pilfered SysV code should rank right next to stealing a single stick (not even an entire pack) of chewing gum.

      Try to maintain a little perspective here.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    60. Re:Stop!! by jedidiah · · Score: 1

      SCO!

      I fart in your general direction!

      --
      A Pirate and a Puritan look the same on a balance sheet.
    61. Re:Stop!! by Anonymous Coward · · Score: 0

      More like the USA of the computing world? Parallels: They are accusing another company (IBM) of a crime they (IBM) probably didn't commit, in order to win resources (ownership to Linux, money?), but they don't have so much exploitable power like USA in the world. Unless, they ask their stock-holding brother Microsoft. Yeah, SCO is the USA of the computing world.

    62. Re:Stop!! by ces · · Score: 1

      The DPRK analogy is rather apt. SCO is acting like the DPRK because their time is running out and they really have no hope other than to extort the biggest fish in the pond (USA for the DPRK, IBM for SCO).

      The response to the crazy threats is similar as well IBM is acting as if it's no great concern and not a credible threat.

      I'm sure IBM is going to ignore the license expiration and make SCO take them to court to either obtain damages or get an injunction. The longer IBM is able to drag this mess out the more likely SCO will implode in a puff of unpaid legal fees.

      --
      Happy Fun Ball is for external use only.
    63. Re: Stop!! by Anonymous Coward · · Score: 0

      Since Novell has the Unix Licences, and SCO is only a reseller, then can't Novell just give (sell) IBM a license for it and cut out the middle man?

    64. Re:Stop!! by Anonymous Coward · · Score: 0

      microsuck code seceret why??
      ever wonder why microsucks kept there code so seceret? and why they have bught unix licence from
      sco?
      its because the hidden microsucks code is really unix code stolen from sco!!
      its true you,ll see!

    65. Re: Stop!! by Anonymous Coward · · Score: 0

      Long live ibm!(international bicycle makers)

  2. Appropriate date by John+Paul+Jones · · Score: 1

    This whole thing seems more and more like a bad movie.

    --
    Feh.
    1. Re:Appropriate date by Anonymous Coward · · Score: 0

      more like three or four bad trilogies all released at the same time..

    2. Re:Appropriate date by Anonymous Coward · · Score: 0


      That's no coincidence. Check McBride's corporate profiles

  3. Release the ninjas... by Anonymous Coward · · Score: 5, Funny

    SCO is sounding more and more like the meglomaniacal villian from an 80's movie.

    1. Re:Release the ninjas... by PukkaStoryTeller · · Score: 0, Redundant

      But there are so many 80's movies... Bless them all... of which are you referring to?

    2. Re:Release the ninjas... by Mohammed+Al-Sahaf · · Score: 5, Funny
      We will slaughter them all, the International gang of bastard pirates! They are retreating on all fronts. Their legal effort is a subject of laughter throughout the world. In a few days, you will all witness something that can only be considered very beautiful against IBM. That, I assure you. We feed them death and hell!

      Mohammed al-Sahaf (now SCO press spokesman)

      --
      Former Iraqi Information Minister Mohammed Saeed al-Sahaf
    3. Re:Release the ninjas... by Jack+Comics · · Score: 1

      If that's the case, is IBM Charles Bronson? And if so, is this whole scenario just a plausibility test for "Death Wish VI: Revenge of SCO?" This whole thing does reek of a Charles Bronson film plotline...

      Go get 'em, Chuck!

      --
      "We are all in the gutter, but some of us are looking at the stars." - Oscar Wilde
    4. Re:Release the ninjas... by EvilAlien · · Score: 0, Offtopic
      "We will revoke your UNIX license unless you give us... 1 meeeeeeelllleeoonnn dollars"

      SCO can wither away and die any day now, I'm getting sick of this story...

      BTW, there is another movie we can compare the SCO fiasco with: Dumb and Dumber.

      --
      perl -e 'print $i=pack(c5, (41*2), sqrt(7056), (unpack(c,H)-2), oct(115), 10)'
    5. Re:Release the ninjas... by DragonMagic · · Score: 0, Offtopic

      So where are the sharks with the frickin' lasers on their heads?

      --

      Human nature is the same everywhere; the modes only are different. -- Earl of Chesterfield
    6. Re:Release the ninjas... by wideBlueSkies · · Score: 5, Funny

      IBM employees are commiting suicide at the walls of Santa Cruz. There are no IBM employees anywhere despite what the infidel media tells you (big blue tank rolls by). Darl is alive an well and is vowing revenge on the infidels. Even now the infidel pirates are pinned down while our brave sons and lawyers vigorously fight for our Intellectual Property. (in the distance we see raged SCO employees who haven't been paid for months hugging and kissing the IBM lawyers)......

      --
      Huh?
    7. Re:Release the ninjas... by Anonymous Coward · · Score: 0
    8. Re:Release the ninjas... by Guppy06 · · Score: 1

      "Mohammed al-Sahaf (now SCO press spokesman)"

      Since you'll probably be out of a job come Friday, maybe you should start looking for new employment. I hear the New York Times is hiring...

    9. Re:Release the ninjas... by hyeh · · Score: 1

      Keep in mind that the current SCO Group is Caldera and not Santa Cruz Operations.

    10. Re:Release the ninjas... by mindriot · · Score: 1

      Yep, quite scary actually!

      By midnight on Friday the 13th... MUAAHAHAHAHAHAARRRRR

      If IBM doesn't comply, they'll probably send Jason.

    11. Re:Release the ninjas... by Fesh · · Score: 3, Funny

      calÂdeÂra n. - A large crater formed by volcanic explosion or by collapse of a volcanic cone.

      (Adapted from dictionary.com)

      This story has been going on for a couple of months now... Has anyone yet remarked on how apt and prescient that name was? SCO is certainly headed for a cratering after collapsing...

      --
      --Fesh
      Kill -9 'em all, let root@localhost sort 'em out.
    12. Re:Release the ninjas... by walterbyrd · · Score: 1

      To me it seems more like Kim Jung il:

      While (extorsion attempt fails) {
      become increasingly desperate and wreckless.
      }

    13. Re:Release the ninjas... by killmenow · · Score: 1
    14. Re:Release the ninjas... by cshark · · Score: 1

      Hah hah! And then I will... Revoke your license until you beg for mercy! HaA! And then I will indulge my ego giving you just enough time to figure out where the big red button is that when pressed will cause my fortress of evil to explode, and me with it as you narrowly get away... hahahaha

      --

      This signature has Super Cow Powers

    15. Re:Release the ninjas... by jonadab · · Score: 1

      You forgot the shoes. We will feed them death, hell, and shoes.

      --
      Cut that out, or I will ship you to Norilsk in a box.
  4. A Valid License? by banal+avenger · · Score: 5, Funny

    At least that'll make everyone elses' lisences invalid just like mine.

    1. Re:A Valid License? by Citizen+of+Earth · · Score: 5, Insightful

      At least that'll make everyone elses' lisences invalid just like mine.

      On the plus side, now IBM will be well positioned to counter-sue SCO for breach of the 'perpetual and irrevocable' contract. Maybe this is what IBM has been waiting for.

    2. Re:A Valid License? by Anonymous Coward · · Score: 0

      License we don't need no stinkin' License

    3. Re:A Valid License? by Surak · · Score: 1

      IANAL, but I play one on the Net. There's really no such thing as a perpetual contract. Contacts that are 'in perpetuity' are almost always held to be unenforceable in a court of law.

      Also, SCO is claiming that IBM is in material breach, which means that under the equity doctrine, SCO is not under any obligation to hold up their end of the bargain.

    4. Re:A Valid License? by Viv · · Score: 4, Interesting

      ... unless the contract involves property rights, which is essentially how I believe the law treats this.

      If you sell a car to someone, it's perpetual.

      If you sell someone the right to use a peice of software, you are essentially selling them intellectual "property" (gee, thus the term.) Unless the contract specifies otherwise, the grant is perpetual -- it's not like MS can take away my right to use the copy of Windows 95 just cause they want to -- they have to prove I violated their license first.

    5. Re:A Valid License? by Anonymous Coward · · Score: 0

      Caldera - Untying Linux and UNIX for business.

    6. Re:A Valid License? by Anonymous Coward · · Score: 0

      Actually under Microsoft new licensing they can.

    7. Re:A Valid License? by GCH · · Score: 1

      Actually, although it has been awhile since I read any part of the license, I believe that the Win95 license statest that you or they may terminate the agreement for any reason and give the other party notice. Sombody still running Win95 might confirm or deny, though. There goes your car.

    8. Re:A Valid License? by Alan+Hicks · · Score: 2, Informative

      IANAL, but I play one on the Net. There's really no such thing as a perpetual contract. Contacts that are 'in perpetuity' are almost always held to be unenforceable in a court of law.

      Also, SCO is claiming that IBM is in material breach, which means that under the equity doctrine, SCO is not under any obligation to hold up their end of the bargain.

      Not to be picky, but if a contract includes the words "perpetual and irrevocable license" I'd believe that it was perpetual and irrevocable, unless of course some terms of the contract specify a loophole around this.

      But aren't they required to prove that IBM is in material breach before dropping their obligations under the bargain? Legally, wouldn't SCO have to prove in a court that IBM has broken the terms of their license, or at least shown enough evidence to get a temporary injunction (presumably to prevent further damage to SCO) against IBM to halt distribution of AIX until the matter could be brought to court? If these steps aren't taken, isn't SCO then violating some law concerning contracts or something?

      I am the biggest not a lawyer of the bunch, thus my suspicions/desires are phrasd in the form of questions. :^)

      --
      Slackware, what else when it must be secure, stable, and easy?
    9. Re:A Valid License? by Surak · · Score: 1

      If you sell a car to someone, it's perpetual.

      Actually, legally a sales contract to buy a car is completed after the sale has been performed. Once you get the money and they get the car, the contract is terminated. That doesn't mean you can get the car back because you're not licensing the car, your transferring physical ownership of a tangible item (a car) -- that's what your agreeing to you when you enter the contract to sell the car.

      If you sell someone the right to use a peice of software, you are essentially selling them intellectual "property" (gee, thus the term.) Unless the contract specifies otherwise, the grant is perpetual -- it's not like MS can take away my right to use the copy of Windows 95 just cause they want to -- they have to prove I violated their license first.

      If you violate the terms of the license agreement, then oh yes Microsoft *can* revoke your license, at least if the court holds the EULA to be legal and binding (which is another issue entirely). This is what SCO is claiming IBM is doing, and hence they are revoking their license.

    10. Re:A Valid License? by Surak · · Score: 1

      But aren't they required to prove that IBM is in material breach before dropping their obligations under the bargain?

      No. A contract can be terminated by any party at any time for material breach. If one party is wrongly accused of material breach, then their recourse is to go to court. The court can then have that *reinstated* and order the accusing party (SCO in this case) to hold up their end of the bargain (reinstate IBM's license).

    11. Re:A Valid License? by Viv · · Score: 1

      I think that everyone who has responded to my post is missing the point.

      I'm not disputing that according to Microsoft's license that they can revoke it. I don't know. It was just a handy example -- which may not have been the best one. I'm disputing the claim of the original post that I am replying to that contracts that are perpetual are _automatically_ invalid.

      While I'm not a lawyer, there is such a thing as a "valid" perpetual contract, which is what I was trying to illustrate. It seems to me that the class of valid perpetual contract is one which requires no future performance on the part of the parties. A purchase is an example of such a contract -- once the contract is is fully executed, there is no additional obligation between the parties, and thus the final outcome is perpetual and irrevocable.

      An example of an invalid perpetual contract is one in which you agree to work for someone in perpetuity for a one time amount of money -- that essentially makes you a slave and ties you to each other for all time. That is not allowed.

      However, in a contract like the one between SCO and IBM -- which I read off of SCO's website, btw -- the requirement for future performance is very limited. The only real burden on SCO's part is the one time assignment of rights to use the protected works. This means that SCO really has no perpetual obligation, so it's unlikely (again, IMO) to be able to get the contract voided on account of it's perpetuity.

    12. Re:A Valid License? by tomhudson · · Score: 1
      An example of an invalid perpetual contract is one in which you agree to work for someone in perpetuity for a one time amount of money --that essentially makes you a slave and ties you to each other for all time. That is not allowed.</quote>

      ... so marriage, being a perpetual agreement, is illegal - horray! We can now stop the #1 cause of divorce (marriage).

    13. Re:A Valid License? by bwt · · Score: 1


      If parties A and B enter into a contract and party A wrongly accuses B of breaching the contract and then takes actions that itself breach the contract, then B would countersue A for breach of contract and ask not just for the reinstatement of the contract but for damages caused by the *SCO's* breach. Moreover, when a contract is breached, there is a duty to mitigate damage to the other side.

      SCO is really treading dangerously here. Even if IBM did misappropriate their trade secret, it is very unlikely that a court would order IBM to cease and desist its entire AIX operations. The worst case would be a large monetary fine on IBM and an order to remove the offending code from Linux. For SCO to attempt to impose a death penalty before a court issues a judgement is, even if SCO is completely correct in what they allege, is an extreme move that probably harms their legal case more than it helps.

      If SCO eventually loses on their trade secret claim, then IBM will have a very serious counterclaim for unfair competition, breach of contract, defamation, etc...

    14. Re:A Valid License? by Surak · · Score: 1

      Of course -- if IBM suffers actual damages as a result of the wrongful termination of a contract, IBM can countersue for damages. While I never said that they could do that, I never said that they couldn't.

      You whole argument is premised on the assumption that SCO will lose. I *do* agree with you that it is not likely that SCO will win.

      But SCO feels it has a strong case, and they feel that they will NOT lose. If SCO does *wins* their case 100%, IBM can't sue for material breach on SCO's part at all. Whether a court would order IBM to cease and desist it's entire AIX operations is irrelevant. If SCO is right, and there *is* material breach, then SCO is under no obligation to hold up their end of the contract -- at all -- unless a court determines that SCO and IBM are each partly at fault. That's when the court can order that SCO hold up its part of the bargain, and fine IBM for not holding up it's part.

      You are correct in saying that it probably harms their legal case more than it helps -- but if (and only if) SCO is not 100% right and IBM is 100% at fault for breach of contract. If that's the case, SCO is under no obligation to hold up its part of the agreement -- at all. And in SCO's mind, that's exactly what's happening, at least that's how it appears on the surface.

    15. Re:A Valid License? by bwt · · Score: 1

      Here the contract is between SCO as a distributor of the linux kernel and the owner of that copyright, Linus Torvalds et al (call this collective kernel.org).

      If you accept SCO's version of the facts, the the GPL on the unix-linux mix is rescinded because of a "mutual mistake". SCO then bears the burden of mitigating damage to kernel.org. They are clearly failing to do so when they refuse to simply inform kernel.org of the specifics of which code is infringing.

      This refusal to mitigate damage harms kernel.org and also harms the entire Linux market, including IBM who profits from its Linux support and consulting services. I would argue that whatever marginal harm is caused by the misappropriation of a few hundred lines of Unixware code is dwarfed by the attempt by SCO to keep the million-line Linux whole in a state of unfixable dubious licencing.

    16. Re:A Valid License? by Surak · · Score: 1

      If you accept SCO's version of the facts, the the GPL on the unix-linux mix is rescinded because of a "mutual mistake". SCO then bears the burden of mitigating damage to kernel.org. They are clearly failing to do so when they refuse to simply inform kernel.org of the specifics of which code is infringing.

      Ah, but the fact of failure to mitigate damage has yet to be proven in a court of law. You're jumping ahead. ;) At this point in time, SCO believes it has a strong case, and maybe it has reason to believe so. But, in all likelihood, probably not. They're looking for a quick settlement, and I think they're hoping IBM will buy them out to shut them up.

  5. so... by Anonymous Coward · · Score: 5, Insightful

    So they either have to remove code they don't know about, or pay up ... not much of a choice SCO leaves them.

    1. Re:so... by MrLint · · Score: 4, Insightful

      Well assuming they havent showed IBM the code (which is likely because then thath 'alleged' infringing would be known to everyone so it could get pulled), SCO is making demands in bad-faith. I think IBM should be able to get an injunction out of a court. Assuming they care.

    2. Re:so... by Anonymous Coward · · Score: 0
      So they either have to remove code they don't know about, or pay up ... not much of a choice SCO leaves them.

      No. SCO is alleging trade-secret infringement. Removing the mysterious code will not alleviate IBM's responsibility. SCO is leaving IBM only one option, pay one Biiillllllion dollars!

    3. Re:so... by Anonymous Coward · · Score: 1, Funny

      Worked with Iraq!

    4. Re:so... by 10Ghz · · Score: 1
      (which is likely because then thath 'alleged' infringing would be known to everyone so it could get pulled


      So, IBM will send guys to my house and remove the infringing code from the Linux-kernel that is running on my machine? And they will do that also to the millions who are running Linux on their machines? If SCO showed the code, it could NOT be removed from the kernel, since there are millions of copies of the kernel all around the world.
      --
      Lesbian Nazi Hookers Abducted by UFOs and Forced Into Weight Loss Programs - -all next week on Town Talk.
    5. Re:so... by SN74S181 · · Score: 1

      No. It will just become illegal to distribute said code. Furthermore, if SCO gets the legal standing they're after, it will be a violation of the GPL for said code to continue to be part of the work. The FSF doesn't want their code base corrupted, ya know.

    6. Re:so... by gl4ss · · Score: 1

      no they don't give any other option than 'pay up' ('unless ibm settles'). they don't want the code to be removed, they don't care what they're doing or have been doing, they just want pure hard cash from somebody.

      which leaves it to sound very much like blackmailing, "give us MONEY or..." though that's all that sco seems to be doing anyways.

      --
      world was created 5 seconds before this post as it is.
    7. Re:so... by mindriot · · Score: 1

      I don't find it surprising either that SCO wants IBM to settle, instead of going to court and having to present any proof themselves. It seems to show that SCO does not have any proof -- just as we all thought...

    8. Re:so... by cshark · · Score: 1

      Call it a hunch, but AIX is so far ahread of system V that I would bet that there isn't much Unix left in it. I wonder how hard it would be for IBM to get rid of the remianing Unix code and get rid of the need for a license all together.

      --

      This signature has Super Cow Powers

  6. Friday the 13th?! by wfrp01 · · Score: 4, Funny

    Friday the 13th?! Is this a really bad movie, or what?

    --

    --Lawrence Lessig for Congress!
    1. Re:Friday the 13th?! by retto · · Score: 5, Funny

      Yep...too much hype beforehand, the plot sucks, everyone knows how it is going to end, and it is probably only the first of a series.

    2. Re:Friday the 13th?! by Carrion+Creeper · · Score: 5, Funny

      A dark room.
      blinking lights in the corner (like, servers maybe?)

      Sysadmin looks up as the door to a lighted hallway opens, and takes on a look of horror as a long bladed glove casts a shadow across the room
      Sysadmin: "Noooooo!"

      A figure runs around the doorframe. A little mouse with spiky hair and a bad attitude. Sysadmin steps on it.

      Cue credits.

    3. Re:Friday the 13th?! by Anonymous Coward · · Score: 1, Funny

      Yeah, but all the movies made money...

    4. Re:Friday the 13th?! by korgull · · Score: 1

      I think the series already passed in the last couple of weeks, or didn't it ?
      Hopefull we don't get a rerun on this series.

    5. Re:Friday the 13th?! by Anonymous Coward · · Score: 0

      Score!

    6. Re:Friday the 13th?! by Radix999 · · Score: 1

      Doh.. and Buffy is retired now too!

      --
      -- Wireless WaFreenet user since March 2002
    7. Re:Friday the 13th?! by Billly+Gates · · Score: 1
      Did you just come back from the Matrix reloaded?

    8. Re:Friday the 13th?! by Anonymous Coward · · Score: 0

      Did you just come back from the Matrix reloaded?
      Are you saying you knew how it was going to end (the matrix, not sco) before hand?

    9. Re:Friday the 13th?! by Wandering+Idiot · · Score: 1

      Silence, fool!

      It's a great movie. Shaddup.

    10. Re:Friday the 13th?! by Cyn · · Score: 1

      that's nightmare on elm street, friday the 13th has hockey mask boy, cute tho :)

      --
      cyn, free software and *nix operating systems enthusiast.
  7. SCO are a bad joke by sbszine · · Score: 5, Funny

    Perhaps April 1st would be a better deadline.

    --

    Vino, gyno, and techno -Bruce Sterling

    1. Re:SCO are a bad joke by localghost · · Score: 1

      That's what they originally wanted, but they were afraid they'd be counter-sued into oblivion by then, so they settled for the next best thing.

    2. Re:SCO are a bad joke by axxackall · · Score: 1

      What's wrong with Friday 13?

      --

      Less is more !
    3. Re:SCO are a bad joke by pinka4242 · · Score: 0

      Nono! April 1st is reserved as the Invasion day of United Stations of Amoco.

  8. SCO is Capitalizing by emo+boy · · Score: 1

    They are just trying to make a buck and do it all in one foul swoop. Hopefully this won't last long because I can't stand seeing the letters S,C,O in any more articles.

    1. Re:SCO is Capitalizing by Anonymous Coward · · Score: 0

      It's "fell swoop", butthead.

    2. Re:SCO is Capitalizing by Anonymous Coward · · Score: 0

      actually the whole thing is pretty foul.. and 'fowl' as in chickenshit too...

  9. Friday the 13th? by Anonymous Coward · · Score: 0

    Think they could've picked a better date for this to end on?

  10. is this extortion? by jeffy124 · · Score: 4, Insightful

    i mean, SCO hasn't even gotten IBM into a courtroom yet.

    --
    The One Rule Of Chess You'll Ever Need: Don't play someone who carries a kit in their bookbag.
    1. Re:is this extortion? by jridley · · Score: 5, Interesting

      Yes, and they don't want it to go to court. That's why the extortion. I'm assuming they know they don't actually have a choice, they're just trying to scare IBM. I don't think they have a chance, and I don't think IBM is going to scare.

    2. Re:is this extortion? by marcushnk · · Score: 1

      Thats what I'm thinking.. You can't just say "I think your doing illegal things.. so we're going to take away your licence and screw your chance to have your say in court"

      I can't wait to see IBM's reply to this..

      --
      "Consider how lucky you are that life has been good to you so far. Alternatively, if life hasn't been good to you so far
    3. Re:is this extortion? by marcushnk · · Score: 1

      hmm actually to follow on from that.. Seeing as someone thinks they (SCO) may have borrowed code from caldera, maybe we should revoke SCO's licence to Unix.. ?? Its muchly te same tactic they're using against IBM...

      --
      "Consider how lucky you are that life has been good to you so far. Alternatively, if life hasn't been good to you so far
    4. Re:is this extortion? by Zeinfeld · · Score: 5, Insightful
      No, it isn't extortion, it is barratry.

      This is the type of ridiculous stunt that only damages SCO's credibility. It is very unlikely that IBM signed an agreement with AT&T all those years ago that allowed AT&T to yank the license at a future date.

      SCO should be very careful about the claims it is making.

      --
      Looking for an Information Security student project suggestion?
      Try http://dotcrimeManifesto.com/
    5. Re:is this extortion? by Anonymous Coward · · Score: 0

      "Muchly", is that a valid english word?

    6. Re:is this extortion? by Paleomacus · · Score: 1

      I haven't read nearly enough articles to say for sure on this. But, before all this public jousting did SCO try and privately/sanely/calmly explain their point of view to IBM? And maybe request compensation etc, instead of dropping to a slimey level at such an early point.

    7. Re:is this extortion? by Anonymous Coward · · Score: 0

      No. And you should capitailize English.

    8. Re:is this extortion? by The+Lord+of+Java+II · · Score: 1

      It's just to scare them off and they won't be because they I.B.M. and for IBMs lawyers that's nothing. I say this by experience. Another thing, I don't know the whole SCO thing but I don't think it is open source software and if I'm right how on earth can they claim that the open source software has copied their source? Shouldn't be wise versa? Haven't they used open source software in non-open source software against GPL terms? For gods sake can some one make this clear for me?

    9. Re:is this extortion? by raspark · · Score: 1

      SCO has repeatedly said that it is looking for an out-of-court settlement, hence the Friday the 13th deadline. Or the ax'll fall on AIX.

    10. Re:is this extortion? by andrewski · · Score: 1

      Unless, of course, IBM along with other vendors now agreed in advance to cave in at the last moment and fuck linux over in the end. Maybe this is where part of IBM's 1 Billion Dollar (pinkie in mouth) investment in linux went, and IBM is SCO's secret 'licensee' (seeing as how MS already had a Unix license but bought a new one, they are obviously the other, more visible power behind this move). Personally I think Larry Ellison is the other secret backer of SCO here, but we can never be too paranoid.

      I think this story will get a lot more bizarre, and weird shit will be happening for years to come. It also shows MS and some unnamed party (parties?!?) is getting quite desperate at this stage.

    11. Re:is this extortion? by EpsCylonB · · Score: 1

      Y'know I have had a really hard time following this whole thing, now I find out that AT&T are somehow invloved ?.

      Just how many organistations are involved and how ?

      Is this list accurate ?

      SCO
      IBM
      Corel
      AT&T
      Whoever it is that administers Linux and the GPL

    12. Re:is this extortion? by Anonymous Coward · · Score: 0

      As far as I can tell, they threatened to drop the legal equivalent of a tactical nuke on IBM (and just about everyone else) from day one. I have seen nothing in the news to suggest otherwise.

    13. Re:is this extortion? by BrynM · · Score: 4, Interesting
      Unless IBM's license agreement specifically allows SCO to revoke it
      Even if it did, the users who have already purchased licenses will still have valid licenses. They may not be able to renew it if SCO wins, but this bull about "People will be running AIX without a valid license" simply would not be. They have paid for there licenses. SCO has their portion of that money. It would be like an attorney, who has gotten half way through your case, quitting and telling you that you can't use the evidence he/she has gathered for your case because he/she isn't involved anymore. It's still your evidence!

      In fact, if you are running AIX, please note that some of your license money would go and has gone to SCO. You might want to ask IBM about a Linux install. I understand that they DO know the meaning of customer loyalty.

      Further, if SCO looses this, I doubt Big Blue would continue buying licenses from them. Imagine what losing an IBM contract would do to their stock price. Customer loyalty is especially important if that customer is a Fortune 500 company.

      --
      US Democracy:The best person for the job (among These pre-selected choices...)
    14. Re: is this extortion? by Black+Parrot · · Score: 1


      > I haven't read nearly enough articles to say for sure on this. But, before all this public jousting did SCO try and privately/sanely/calmly explain their point of view to IBM?

      Explaining their POV would require deciding on a POV first, i.e. is it a copyright violation, a patent violation, or a breach of contract?

      And if it were a copyright violation, explaining their POV would require pointing to the code in question, which they have been at some trouble to avoid.

      --
      Sheesh, evil *and* a jerk. -- Jade
    15. Re:is this extortion? by Anonymous Coward · · Score: 0

      arsecrack, that is.

    16. Re:is this extortion? by Anonymous Coward · · Score: 0

      You missed one: Novell.

      Novell says they own the Unix license, and therefore SCO has no right to sue.
      I think we'll see a countersuit from Novell very soon saying that SCO has no right to claim that they own Unix.

    17. Re:is this extortion? by schon · · Score: 1

      It would be like an attorney, who has gotten half way through your case, quitting and telling you that you can't use the evidence he/she has gathered for your case because he/she isn't involved anymore

      Actually, I think it would be more like a band named after it's lead guitar player and drummer, when the lead singer quits and sues the band because they won't change the name.

      Hmm, David Lee Roth isn't on the board of directors at SCO, is he? :o)

    18. Re:is this extortion? by photon317 · · Score: 1


      Well of course AT&T are involved. Lest anyone forget, AT&T Bell Laboratories were the corporate inventors of Unix. It was while employed there that Kernighan, Richie, Thompson, et. al. did their magic. I *think* (don't quote me) that closest thing in heredity and spirit after all the various acquisitions and spinoffs and splits in AT&T since those days would be Lucent, but I'm not really sure.

      --
      11*43+456^2
    19. Re:is this extortion? by BrynM · · Score: 1
      You can't just say "I think your doing illegal things.. so we're going to take away your licence and screw your chance to have your say in court"
      Come to think of it, isn't this what the BSA does? The BSA should have patented that business practice.
      --
      US Democracy:The best person for the job (among These pre-selected choices...)
    20. Re:is this extortion? by Sabalon · · Score: 1

      I hope you're right about IBM not folding at the bluff.

      As for the whole SCO thing. SCO claims that somehow a person that had access to the SCO source code put some of that code into Linux. That is how they make the claim. I believe they are pointing fingers at IBM since IBM has been working a lot with Linux and I am guessing has access to the SCO code.

      It could have very easily happened in reverse as you suggested...but it could have happened the way SCO suggests - I know I have access to a couple companies proprietary code and I could easily copy it into an open source project and this would be the same situation.

      And yes - there is a rumor/allegation that their UnixWare product may have some GPL'd Linux code in it.

      Clearer?

      To summarize:
      sco claims someone put sco code into Linux.
      no one knows what code sco is talking about so no one can track down the source.
      coming soon - SCO stock toilet paper marketted by IBM :)

    21. Re:is this extortion? by Drishmung · · Score: 5, Funny
      You forgot the Bavarian Illuminati (which is the only thing that really explains this whole farrago).

      The real question of course is: what is it that they really don't want us to notice while they mount this ridiculous distraction?

      Go to go now, there's someone at the door...

      --
      Protoplasm. Quiet Protoplasm. I like quiet protoplasm.
    22. Re:is this extortion? by Anonymous Coward · · Score: 0

      any company or individual who is sure of their claims and has an ounce of class would never issue ultimatums that tend to hurt another business's customers. nor would such an entity ever consider pursuing their version of justice by attempting to use one type of law, contract/licensing law, to avoid going to a court of full law and having the facts heard out.

    23. Re:is this extortion? by Anonymous Coward · · Score: 0

      If I was the judge hearing the case, one of the first things I'd ask is what efforts SCO made to negotiate and settle the dispute before filing suit. If SCO answers that they made no attempt or very little effort to negotiate, it would cast a dark shadow over them before the arguments even begin.

    24. Re:is this extortion? by p3d0 · · Score: 1

      Um, SCO is Caldera. Same company.

      --
      Patrick Doyle
      I mod down every jackass who puts his moderation policy in his sig. Oh, wait a sec....
    25. Re:is this extortion? by hondo77 · · Score: 3, Insightful

      No, it isn't extortion, it is barratry.

      How about tortious interference? IBM says it has a license in perpetuity and that's that. Okay, so why is SCO giving press releases about this bogus deadline instead of suing IBM? IBM could argue that SCO is intentionally trying to damage IBM's business, since (presumably) SCO is wrong about IBM's license.

      --
      I live ze unknown. I love ze unknown. I am ze unknown.
    26. Re:is this extortion? by daemonc · · Score: 1

      SCO had credibility?

      Now that is news...

      --
      All that we see or seem is but a dream within a dream.
    27. Re:is this extortion? by Anonymous Coward · · Score: 0

      too bad they don't have one.

    28. Re:is this extortion? by Eyston · · Score: 1

      Unless IBM's license agreement specifically allows SCO to revoke it (and can you imagine IBM signing that?), they don't have a leg to stand on.

      IANAL, but if what SCO is alleging is true, IBM broke the contract. IBM licensed code for AIX, and that got into the Linux distribution. I'm sure the licensing agreement doesn't allow IBM to give code away. Therefore, IBM broke the contract.

      Whether this gives SCO the right to revoke the contract since IBM broke, or if it was revoked as soon as IBM broke it, I don't know.

      All I know is that this Friday/Monday is going to be fun.

      -Eyston

    29. Re:is this extortion? by eyegone · · Score: 1

      Don't forget the Freemasons, Illuminati, Rosicrucians, Scientologists, Knights Templar, and Teamsters.

      I'm off to read Foucault's Pendulum again.

      --
      "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."
    30. Re:is this extortion? by Pennachin · · Score: 1
      This is the type of ridiculous stunt that only damages SCO's credibility

      I didn't know SCO had any credibility left to be damaged...

    31. Re:is this extortion? by Stoutlimb · · Score: 1

      "The real question of course is: what is it that they really don't want us to notice while they mount this ridiculous distraction?"

      What they really don't want people to notice, is that any proprietary versions of *NIX will vanish. Sun is next. Once all powerful corporate closed source flavours of unix vanish, Trusted Computing / Palladium will take care of the free stuff. There will only be one player left.

      Yes I wear a tinfoil hat.

    32. Re:is this extortion? by Anonymous Coward · · Score: 0
      I need some help choosing a new computer, a computer which will match my "lifestyle".

      First, a few facts about me,

      • 26 years old
      • Effeminate
      • Gay
      • "bareback rider"
      • HIV positive
      • San Francisco resident
      • love quiche, brie, and croissants.
      • Streisand's biggest fan
      What kind of computer should I buy? Would Apple Mac be a good choice?
    33. Re:is this extortion? by Cpt_Kirks · · Score: 1

      You know, I still haven't heard whether or not I have to go to work Friday.

    34. Re:is this extortion? by mec · · Score: 5, Informative

      Why don't y'all read the contract for yourself?

      SCO lawsuit against IBM

      Read Exhibit A, Exhibit B, and Exhibit C, in particular.

      SCO can revoke the license for breach of contract. The procedure for doing this is not at all clear.

      My question is: what is SCO going to ask a court to do? Is SCO going to ask for a preliminary injunction, or what?

      The test for a preliminary injunction is: (1) the moving party's chances of success on the merits of their case and (2) the "balance of harm": how much harm that SCO suffers if they do not get a preliminary injunction, and how much harm IBM suffers if SCO does get a preliminary injunction.

      On part (1), it's anyone's guess.

      On part (2), the "balance of harm" strongly favors IBM.

      SCO does not claim that IBM's distribution of AIX has harmed SCO in any way whatsoever. Thus, stopping the distribution of AIX will have zero effect on SCO's alleged suffering. In contrast, stopping the distribution of AIX will have an immediate, large, irreparable effect on IBM in the marketplace. It is grossly unfair to subject IBM to such a penalty without a trial on the merits first.

      If not a preliminary injunction, what else could SCO do after Friday the 13th?

      Disclaimer: IANAL
      Disclosure: I am short SCOX

      ('disclaimer' and 'disclosure' mean subtly different things ... I always wanted to use them both in the same post!)

    35. Re:is this extortion? by Dun+Malg · · Score: 2, Informative
      I *think* (don't quote me) that closest thing in heredity and spirit after all the various acquisitions and spinoffs and splits in AT&T since those days would be Lucent, but I'm not really sure.

      Yeah, Bell Labs is still part of Lucent. Not sure exactly which part of AT&T Lucent came out of though, nor do I know who approved their stupid "brown ring of quality"-looking logo either...

      --
      If a job's not worth doing, it's not worth doing right.
    36. Re:is this extortion? by dipipanone · · Score: 1

      Would Apple Mac be a good choice?

      Nah. I'd go for a Fudge-Packard Bell.

    37. Re:is this extortion? by Anonymous Coward · · Score: 0

      Hi Drishmung, thank you for answering the door. It's me, your friendly neighbourhood SCO lawyer. The world is a dangerous place full of pirates, and I know you wouldn't want to have any illegal copies of SCO code on you?

      You see, Drishmung, you need protection. My godfather will make you an offer you cannot refuse. Hand over 1/3 of your salary and we will guarantee that you will not have any "unfortunate accidents".

      If however, you play a number on us and continue pirating SCO code, we would like to offer you a new pair of the finest quality cement shoes, imported specially from Italy.

      As far as the Bavarian Illuminati, you didn't here nothing, got that?

    38. Re:is this extortion? by dtfinch · · Score: 1

      I've seen a lot of SCO related articles going back to January and haven't seen anything claiming they did. The lawsuit was rather sudden I guess.

      Sort of funny. SCO describes their relationship with IBM. I guess they forgot to take it down:
      http://www.sco.com/ibm/

      They talk about working closely with IBM on OpenLinux and OpenUnix. And they talk about unifying the platforms and such. What did they expect was going to happen? Did they think the codebases would remain completely seperate after stating clear intentions toward the opposite while sharing the code with a third party? Even if IBM copied Unix code into Linux, who can blame them with all those mixed messages SCO was tossing around?

      Off topic, but that's an interesting user id you have there, #666999.

    39. Re:is this extortion? by Anonymous Coward · · Score: 0

      the users who have already purchased licenses will still have valid licenses. They may not be able to renew it if SCO wins, but this bull about "People will be running AIX without a valid license" simply would not be. They have paid for there licenses.

      Just because they have paid for them, doesn't mean the licenses are valid. If you bought stolen property unknowingly, you couldn't exactly argue that you deserve to keep it, just because you paid for it, could you?

    40. Re:is this extortion? by Guardian+of+Separate · · Score: 0, Offtopic

      I should think they expected the codebases to remain separate and not "seperate". The grandfather of Internet spelling mistakes has struck again, and you, Sir, are the fifth perpetrator since my quest began.

      So; another soul saved. Do not let me catch you writing that again!

    41. Re:is this extortion? by nickos · · Score: 1

      There is no Bavarian Illuminati.

      THE MGT.

    42. Re:is this extortion? by Anonymous Coward · · Score: 0

      Also, you should spell "capitalize" like "capitalize", and probably not start sentences with "and."

    43. Re:is this extortion? by Anonymous Coward · · Score: 0

      There is no Bavarian Illuminati.

      THE MGT.


      Revised statement: There is no Bavarian Illuminati, and please do not spit on the floor.

      THE MGT.

    44. Re:is this extortion? by Anonymous Coward · · Score: 0

      Thanks! Finally someone made this clear for me!

    45. Re:is this extortion? by Anonymous Coward · · Score: 0

      revised revised statement: There is no Bavarian Illuminati, please do not spit on the floor, and employees MUST wash hands before returning to their stations.

      THE MGT.

    46. Re:is this extortion? by Anonymous Coward · · Score: 0

      > The real question of course is: what is it that they really don't want us to notice while they mount this ridiculous distraction?

      Uh, that their value is less than what I flushed down the toilet this morning?

    47. Re:is this extortion? by BrynM · · Score: 1

      When they bought the license, it wasn't stolen. As I said, SCO has been paid for their licenses.

      --
      US Democracy:The best person for the job (among These pre-selected choices...)
    48. Re:is this extortion? by HiThere · · Score: 1

      Unnhh...
      IBM is IBM, not the Linux movement. The extent to which the Linux movement could fight be is still unknown. I hope it continues so, as fights are better avoided. But IBM is defending itself. That it's defending the Linux movement is less than secondary. (Initially SCO wasn't even making any claims about Linux. They only started doing that as they got desperate. And it's still more in the area of slander or libel than of court proceedings. It would only become a court proceeding if someone files suit.)

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    49. Re:is this extortion? by HiThere · · Score: 1

      SCO had rather excellent credibility. Of course, that was many years and a few changes of management ago.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    50. Re:is this extortion? by bwt · · Score: 1

      Read Exhibit A, Exhibit B, and Exhibit C, in particular.

      SCO can revoke the license for breach of contract. The procedure for doing this is not at all clear.


      I'm reading exhibit A. Section 6.03 (page 4) authorizes "AT&T" to "terminate all rights granted". Section 4 is a standard boilerplate to the effect of 'no modifications to this contract unless agreed to in writing by both parties'. In particular, I don't see any language that allows AT&T to sell the termination right over IBM to SCO without IBM's approval, nor do I see anything indicating IBM approved of this.

    51. Re:is this extortion? by Maserati · · Score: 1

      "No smoking or spitting"

      THE MGT.

      --
      Veteran, Bermuda Triangle Expeditionary Force, 1992-1951
    52. Re:is this extortion? by Anonymous Coward · · Score: 0

      SCO had rather excellent credibility. Of course, that was many years and a few changes of management ago.

      You're thinking of a different SCO, now Tarantella. This SCO is really Caldera. You're not suggesting Caldera has ever been credible?

    53. Re:is this extortion? by dmforcier · · Score: 1

      Not entirely. I don't recall the division, but parts went to SAIC, renamed as BellCore. I think SAIC still holds it as a wholey-owned subsidiary.

      --
      You can't take the sky from me!
  11. damn by Anonymous Coward · · Score: 0

    damn. i still wish they were making seinfield episodes. i think i'll go read a non-fiction book right now and expand my horizons. bye

    1. Re:damn by LittleLebowskiUrbanA · · Score: 1

      It was a joke. Lighten up.

    2. Re:damn by Coke+in+a+Can · · Score: 1

      Uh, oops. It was kinda hard to tell. I was wondering, but didn't see any signs of sarcasm or joking or anything, so I proceeded to post.

  12. Jason by gmby · · Score: 1



    Jason yeilds his toothless chainsaw...

    --
    I don't want a pickle; I just want a Motor-Cycle! A four foot cop arrived with a five foot gun!
    1. Re:Jason by Jason1729 · · Score: 1

      Hey, my chainsaw has teeth...oh wait...damn, I have to get a new chain.

      Jason
      ProfQuotes

  13. just like the movies by 73939133 · · Score: 5, Funny
    1. Re:just like the movies by jabber01 · · Score: 1

      Oh man, for a second there, I was sure I'd seen that IMDB reference number before. I thought it was "Eight Legged Freaks". Now THAT would have been funny!

      --

      The REAL jabber has the user id: 13196
      What you do today will cost you a day of your life

    2. Re:just like the movies by Anonymous Coward · · Score: 0

      Heh, I was in that school play during Junior High. Bet the movie sucks..

    3. Re:just like the movies by Anonymous Coward · · Score: 0

      The movie is good if you like that kind of movie...

    4. Re:just like the movies by nutznboltz · · Score: 1
    5. Re:just like the movies by Anonymous Coward · · Score: 0
    6. Re:just like the movies by Anonymous Coward · · Score: 0
      Heh, I was in that school play during Junior High. Bet the movie sucks..

      Actually, Hollywood didn't make it. But I bet your play sucked

    7. Re:just like the movies by sparrow_hawk · · Score: 1

      Yeah, except _The Mouse that Roared_ was actually funny.

      _SCO vs. IBM: The Final Conflict_ borders on the absurd. When SCO dies a horribly painful death at the hands of IBM's 1337 attack-ninja-lawyers, *then* it will be *hilarious*.

    8. Re:just like the movies by Anonymous Coward · · Score: 0

      And there's a song about this already:

      Well, I sent you my feelings in a letter
      But you were gambling for support.
      This time tomorrow I'll know you better
      When my memory is not so short.
      This time I'm asking for freedom,
      from a world which you deny.
      And you'll give it to me now,
      I'll take it anyhow.
      When the night comes falling from the sky.

      Bob Dylan

  14. AIX License by Anonymous Coward · · Score: 3, Insightful

    if you bought the rights to use AIX, is it legal to have it revoked?

    1. Re:AIX License by 73939133 · · Score: 2, Insightful

      Depends on the contract. IBM may have made guarantees to you, in which case they would be on the hook for damages if you can't use AIX anymore for one reason or another. Or your contract with IBM might say that they only license what they own and that if they don't own everything they think or thought they owned, that was your problem, not theirs. Both kinds of contracts exist.

      However, those considerations are completely hypothetical. There is not a shred of evidence that SCO's allegations are true. SCO is just engaging in one big smear campaign.

    2. Re:AIX License by ReconRich · · Score: 3, Insightful

      While I don't happen to have an AIX license lying about, you can be certain that a humungous services company like IBM indemnifies its customers from claims from other companies that are the result of using an IBM product. IBM has everything to gain by taking the blame here; corporate customers would NEVER forget being held liable for an IBM product they bought.

      -- Rich

      --
      Free your mind and your Ass will follow -- George Clinton
    3. Re:AIX License by Pieroxy · · Score: 1

      Microsoft did it already and nobody remembers about it, or so it seems....

    4. Re:AIX License by perlchild · · Score: 1

      IANAL
      You forgot one detail:
      IBM is a service company
      Microsoft does everything in its power not to be in any way associated with selling services, and everything to be associated with selling a license to use a product...

      An IBM client can expect IBM to indemnify him if IBM is in tort... Microsoft already tells you when you click-through, that you must indemnify them, if you look at them sideways

    5. Re:AIX License by Fenris+Ulf · · Score: 1

      It all comes back to the ol' saying: "Nobody ever got fired for buying IBM".

  15. Arr Laddy! by jellomizer · · Score: 3, Funny

    We be the pirates of SCO! we tell you to pay up or face the consequences! Of us putting our blade threw the gully of Unix license. Arr you cant threaton us with the fact that you are 100 times larger then me, wont spare our bearly leagal clames to owning Unix! For we are pirates and arr above the law! now fork over your treasure!

    --
    If something is so important that you feel the need to post it on the internet... It probably isn't that important.
  16. Yeah, yeah, whatever by Fished · · Score: 5, Interesting
    IANAL.

    It's pretty clear that SCO is trying to get IBM customers to pressure IBM to settle this. However, it frankly seems pretty absurd. The bottom line is that, as a customer, I am not responsible for IBM's alleged failure to maintain a proper license for UNIX. IBM's license is a license to *copy* UNIX software, and copying is the only activity that could possibly be prophibited. Given that IBM's customers already HAVE copies of AIX, unless IBM's license from SCO has some very odd language in it it seems extremely improbable that customers could lose the license they already have.

    --
    "He who would learn astronomy, and other recondite arts, let him go elsewhere. " -- John Calvin, commenting on Genesis 1
    1. Re:Yeah, yeah, whatever by MisterFancypants · · Score: 0
      Your reasoning is flawed. To put it in a situation that is easier to understand:

      If I buy a counterfeit copy of Windows for $5 at a flea market, I have no legal right to actually use it, even if I bought it in good faith and thought it was a genuine copy and even if it included a nicely printed duplicate of a Windows license.

      Don't get me wrong, I think SCO is completely full of it, but if they DO have the authority to block AIX (we'll soon find out I guess) on IP grounds your license won't be worth the paper it is printed on. That's the legal reality of software licenses and not owning the bits.

    2. Re:Yeah, yeah, whatever by walt-sjc · · Score: 1

      SCO has already stated that it applies to future sales. After Friday IBM will no longer be able to see "additional" licenses (according to SCO.)

      I expect IBM to ignore it, file an injuction, or counter sue for $100B or something (SCO violating tons of IBM patents...)

    3. Re:Yeah, yeah, whatever by Anonymous Coward · · Score: 1, Insightful

      The point is that SCO may be able to stop further distribution by IBM, but not invalidate licenses already legally distrtibuted. I cannot imagine IBM's lawyers being stupid enough to write a contract that would cause previously distributed copies to become illegal.

      In your analogy, this would be like you buying a license for Microsoft Windows from Dell, and later Microsoft comes along, cancels their contract, and that makes your copy now illegal.

    4. Re:Yeah, yeah, whatever by EMN13 · · Score: 1

      Obviously none of this makes sense without the actual contract; however in principle the original poster was right: if IBM had the license to copy unix and did so then invalidating IBM's right to copy unix merely does that. it doesn't, not without special contracts and EULA style things invalidate the users contracts, which weren't illegally acquired. The comparison that you copy windows whilst unlicensed to do so, and sell your copy, doesn't hold as the "contract" (IANAL) between you and your buyer wasn't legal in the first place - in IBM's case they were though.

      anyhow :-)
      --Eamon

    5. Re:Yeah, yeah, whatever by LMariachi · · Score: 2, Informative

      Bad analogy. If you buy a legitimate copy from an authorized reseller who subsequently loses his authorization it doesn't affect the legitimacy of your copy.

    6. Re:Yeah, yeah, whatever by jacrawf · · Score: 2, Insightful
      Yeah, but AIX isn't a counterfeit copy of SCO's supposed property. SCO is not suing IBM over what they've done with AIX, so presumably what they've done with AIX in the past has been hunky-dory as far as licensing other Unix code goes.

      It's a scare-tactic pure and simple, and anyone with half a brain will figure out (and likely already has) that SCO is running scared, talking out of their asses, and probably not going to be in business much longer. They're a company now run by lawyers and executive sleaze; no company can survive that for long.

    7. Re:Yeah, yeah, whatever by Anonymous Coward · · Score: 0

      You obviously don't understand the concept of an analogy. Loser.

    8. Re:Yeah, yeah, whatever by deadlysloth · · Score: 1

      Good point. IBM is, has been, and probably will continue to be the #1 company for granted patents in the US. #2 isn't even close. It would be interesting to see how many IBM patents SCO is violating.

    9. Re:Yeah, yeah, whatever by MisterFancypants · · Score: 1
      That's a lie, sir! A damn dirty lie!

      You should be ashamed of yourself!

    10. Re:Yeah, yeah, whatever by pcwhalen · · Score: 4, Informative

      I am a lawyer and I don't get it.

      SCO claims part of its' code is being used illegally. It won't tell anyone which code, but it makes ultimatums about that code and threatens IBM. Why IBM hasn't filed an Article 78 proceeding / TRO /order to show cause to stop SCO's baloney is beyond me.

      On to licences....

      I cannot legally sell something I do not own. SCO's contention is that IBM did not have the right to sell licences because it did not fully own them. Decent threat, if real.

      IBM should tell SCO in court to put up or shut up. Then, if SCO pulls the "unsubstantiated code" BS, IBM can get $$$ sanctions from a judge.

      --
      Pay no attention to the man behind the curtain with all your metadata.
    11. Re:Yeah, yeah, whatever by Anonymous Coward · · Score: 0

      Exactly. Never f*ck with IBM or AT&T. Somewhere, back in a drawer, IBM and AT&T can dust off old patents for things like "machines that compute" and "transmission of information." Just don't go there...

    12. Re:Yeah, yeah, whatever by Jeremiah+Cornelius · · Score: 2, Interesting
      Re:Yeah, yeah, whatever (Score:1) by MisterFancypants (615129) on Wednesday June 11, @05:50PM (#6177148) Your reasoning is flawed. To put it in a situation that is easier to understand: If I buy a counterfeit copy of Windows for $5 at a flea market, I have no legal right to actually use it, even if I bought it in good faith and thought it was a genuine copy and even if it included a nicely printed duplicate of a Windows license.

      But your flea-market counterfeiter never had a legal, good-faith contract and license to sell a derivative product under his own label.

      That is the situation for IBM and its downstream customers. SCO is unilaterally dictating a remedy for a breach of contract that is still a mere assertion. They are also doing so on the alleged actions of a possibly unrelated third-party, in regards to a different product than that which was licensed.

      SCO will get the big, "Boot In Ass" award this year - Boies or no Boies.

      --
      "Flyin' in just a sweet place,
      Never been known to fail..."
    13. Re:Yeah, yeah, whatever by schon · · Score: 1

      I cannot legally sell something I do not own. SCO's contention is that IBM did not have the right to sell licences because it did not fully own them.

      No, actually, SCO's contetion is that IBM will not have the right to sell licenses after Friday, June 13, 2003 because SCO is refusing to extend the contract.

    14. Re:Yeah, yeah, whatever by Pieroxy · · Score: 1

      Your reasonning is flawed.

      If SCO can prove that IBM violated their contract, say, in 1999, then the contract between SCO and IBM is declared invalid since 1999. And all the licenses sold during this period of time (1999-today) are illegal as well.

      See, you don't have to "sign" something that allow the other party to invalidate the contract. The contract is valid if both parties respect it. Broken otherwise.

    15. Re:Yeah, yeah, whatever by BrynM · · Score: 1
      IBM can get $$$ sanctions from a judge
      Can't bleed a rock though. Especially a falling one.
      --
      US Democracy:The best person for the job (among These pre-selected choices...)
    16. Re:Yeah, yeah, whatever by Anonymous Coward · · Score: 0
      "The bottom line is that, as a customer, I am not responsible for IBM's alleged failure to maintain a proper license for UNIX."

      That's not quite the bottom line. If IBM doesn't have a valid license to distrubute the code, then you don't have a valid license from IBM to use the code, and you are liable to SCO for using it (assuming that SCO owns the code). Now, assuming that your license with IBM includes the "standard" warranty and indemnification clauses, where IBM warrants that they have the right to license the code to you, or will indemnify you if not, then your only recourse is against IBM. If your license with IBM doesn't include warranty and indemnification, then you're out of luck ... and, you lose the suit to SCO.

    17. Re:Yeah, yeah, whatever by Lord_Dweomer · · Score: 1
      "It's pretty clear that SCO is trying to get IBM customers to pressure IBM to settle this. "

      That's not a problem. IBM just has to send a small booklet (well, 400 page book is more like it) of the "stats" of their legal team. Kinda like the lineup for an NBA team.

      "And now.....your.....I...B...M......LEGAL TEAM!!!!!!!!!!!" (crowd goes wild as men in black suits run into the court room)

      --
      Buy Steampunk Clothing Online!
    18. Re:Yeah, yeah, whatever by Anonymous Coward · · Score: 0

      Remember though, that patents (unlike copyrights and trademarks) are only good for 17 years, so "old patents", for many things that are commonplace today have likely either expired or will expire soon.

    19. Re:Yeah, yeah, whatever by SphynxSR · · Score: 1

      That is what Customers of MS-SQL thought too.

      --

      I don't suffer from insanity, I enjoy every minute of it.
    20. Re:Yeah, yeah, whatever by Tony-A · · Score: 1

      buying a license for Microsoft Windows from Dell, and later Microsoft comes along, cancels their contract, and that makes your copy now illegal.
      Is that Window Update?

    21. Re:Yeah, yeah, whatever by cdrudge · · Score: 1

      No, but you can catch it, run it through a rock crusher, added with a little cement and water. You then have a nice little cemetary vault or grave marker.

    22. Re:Yeah, yeah, whatever by michael_cain · · Score: 2, Informative
      IANAL, but I have been involved with a variety of software licenses between large companies. Every one that I've seen spells out in detail how differences are to be settled.
      • If this one is similar to the ones I've seen, it probably requires court cases to be settled under the law of the state in which SCO was operating, probably Utah since that's where they filed. IIRC, Article 78 is a New York state law, and would not apply in Utah.
      • OTOH, going to court is usually pretty far down the list. I would be somewhat surprised if IBM signed a license that didn't require several steps to be taken to attempt to reach an agreement before going to court. In such a case, as soon as there's a hearing where IBM can point out those terms to the judge, the judge would be within his rights (and may be required) to toss the case, at least until those steps have been taken.

      Many such licenses call for arbitration. One of the advantages of arbitration is that you don't have to trot the trade secrets out in public...

    23. Re:Yeah, yeah, whatever by Anonymous Coward · · Score: 3, Informative
      Forgive me, but ...

      I am a lawyer and I don't get it.

      SCO claims part of its' code is being used illegally. It won't tell anyone which code, but it makes ultimatums about that code and threatens IBM. Why IBM hasn't filed an Article 78 proceeding / TRO /order to show cause to stop SCO's baloney is beyond me.

      Well ...

      SCO isn't obligated to tell anyone other than IBM what code it is basing its suit on;

      SCO is not threatening IBM. SCO has already filed suit against IBM;

      An Article 78 Proceeding is NY law and brought against a government body or officer - SCO filed in Utah and is not a governmental agency, and;

      Both a Temporary Restraining Order (TRO) and Order to Show Cause are completely inappropriate when the parties are already involved in a suit over the subject matter. What is SCO to be restrained from, talking about their litigation in public? What would justify an Order to Show Cause, when there is no evidence before the court other than the complaint and reply?

      On to licences....

      I cannot legally sell something I do not own. SCO's contention is that IBM did not have the right to sell licences because it did not fully own them. Decent threat, if real.

      That is more than a "decent threat, if real;" It's a harpoon to the heart.

      IBM should tell SCO in court to put up or shut up. Then, if SCO pulls the "unsubstantiated code" BS, IBM can get $$$ sanctions from a judge.

      SCO will have to "put up" in due course. That's what Discovery is all about. A defendant can't just waltz into court on day one, say "put up, or shut up" and have the case immediately dismissed for lack of evidence. And sanctions would only be appropriate if SCO didn't have even a colorable claim on which to base their suit, and was therefore abusing process. That's not likely.

    24. Re:Yeah, yeah, whatever by pcwhalen · · Score: 1

      For someone who is NAL, you do okay.

      Yes, Article 78 is NY. There are state analogs in all other 49 and the Fed. The "forum selection clause" is standard in a contract, so your in-house counsel doesn't have to learn the laws of every state you do biz in.

      In comercial contracts, there are sometimes arbitration agreements. The judge is REQUIRED to honor the terms of the contract if it is found to be a valid contract.

      Both sides normally can stipulate to have trade secrets kept secret. Can be done ex parte by a judge even where there is an arb agreement if you can show impending harm. That's the TRO [temporary restraining order].

      Good luck with grad school.

      --
      Pay no attention to the man behind the curtain with all your metadata.
    25. Re:Yeah, yeah, whatever by YU+Nicks+NE+Way · · Score: 1
      But your flea-market counterfeiter never had a legal, good-faith contract and license to sell a derivative product under his own label.
      In this case, SCO's main claim is that IBM didn't have such a license, either. If IBM had illegally misappropriated UnixWare trade secrets into Linux, and if their Unix contract with SCO has a non-disclosure agreement, then they were in material breach of that contract in the instant that they disclosed the trade secrets. From that moment on, according to SCO, IBM had no right to redistribute any form of Unix, including AIX.

      That's a solid argument, in general, so the major issue is whether SCO has the evidence it claims. (It isn't the only issue: argument is fine, but jurisprudence works case by case. I can imagine perfectly reasonable situations where the two companies could both believe their right, even if the allegedly infringing code exists and was copied as a block.) If SCO prevails, then all AIX licenses granted since the first public disclosure of the trade secret code are invalid. SCO is merely suing to have all the affected parties made aware of that fact. If they win, and you run an AIX box, then it's up to you to determine if IBM defrauded you when they claimed to issue you a license.
    26. Re:Yeah, yeah, whatever by Bish.dk · · Score: 1

      I am a lawyer[...]

      Ahhh.... The rarely used "IAAL"-abbreviation.

    27. Re:Yeah, yeah, whatever by HiThere · · Score: 1

      ...And sanctions would only be appropriate if SCO didn't have even a colorable claim on which to base their suit, and was therefore abusing process. That's not likely.

      Were I believe that SCO were operating sanely, or from any obvious motives, I would agre with you. But I don't. To me it seems the weight of the evidence is that all SCO has is bluster. And it could be sued not just by IBM, but by all companies that did business either selling or consulting while using the Linux OS. Even if we accept all their claims (which I don't) and even were we to accept that they had the right to demand that Linux be rolled back to use the 2.2 Kernel (which I don't) they have done far more damage to us by their --- slander might not be too strong a word, but there might be a more accurate term --- then we could have done to them based upon the size of their business at the beginning of the release of the 2.4 kernel.

      Actually, the most I can see us being required is to remove a few lines of code, or, perhaps, to remove one of the journaling file systems (not ext3). And I expect that the effect would be quite minimal. But they can't expect that we will repair the interferrence with their rights when they won't tell us what the violation is. So no penalties should accrue.

      Were I to accept their claims, then IBM would merit severe chastisement. And would receive it (unless it could prove that SCO was in equal violation, which I think much more likely). But SCO would still be subject to a suit for defaming the many and varied businesses that had not violated any agreement with SCO. They probably haven't filed yet only because they don't expect any strips of flesh to be left on the carcass after IBM has finished feeding on it.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    28. Re:Yeah, yeah, whatever by bwt · · Score: 1

      SCO isn't obligated to tell anyone other than IBM what code it is basing its suit on;

      I'm not sure that is correct. SCO here is arguing that the licence on the linux kernel is void because of a "mutual mistake" (the inclusion of non-GPL'd code). When a contract is breached, there is a duty to mitigate damage to the other side. It seems rather straightforward here what that duty implies: SCO should tell kernel.org what the wrongly incorporated code is so that it can be removed. Obviously, attaching an NDA would preclude an open source release. It is not acceptable for SCO to say: our code got mixed with yours, so you are screwed because we won't tell you about it.

    29. Re:Yeah, yeah, whatever by bwt · · Score: 1

      Article 78 is a New York state law, and would not apply in Utah.

      Actually, if you read the original contracts between IBM and AT&T posted on SCO's site as Exhibit A and B, the forum selection clauses provide that the state law of New York applies. See for example, section 7.13 of Exhibit A and section 6.05 of Exhibit B.

    30. Re:Yeah, yeah, whatever by Anonymous Coward · · Score: 0

      Remember though, that patents (unlike copyrights and trademarks) are only good for 17 years, so "old patents", for many things that are commonplace today have likely either expired or will expire soon.

      Yeah, it's only if you go up against Amazon that you have to worry about patents on "machines that compute" and "transmission of information" that have been issued in the last week. Well, maybe "machines that compute... on the internet!" anyway.

    31. Re:Yeah, yeah, whatever by michael_cain · · Score: 1

      Cool! So as soon as there's a hearing, IBM moves to dismiss on the grounds that SCO has agreed in the same contract over which they're suing that they will go to court in New York, not Utah, and the Utah court has no jurisdiction?

    32. Re:Yeah, yeah, whatever by bwt · · Score: 1

      Well, I think IBM has already filed to move it to federal court, which is very wise.

    33. Re:Yeah, yeah, whatever by Anonymous Coward · · Score: 0
      Firstly, I was speaking of the case at hand. Lawsuits are between named parties, and SCO is only legally obligated to disclose the "offending code" to the defendant named in the suit (IBM). There may be other good reasons for releasing the "offending code" to the public at large, but SCO is not legally obliged to do so.

      You bring up the issue of mitigation of damages "of the other side". SCO must indeed do that. But, in this case the "other side" is the defendant in the suit, IBM - not IBM and the linux community. The mitigation is not of generic damages to non-parties who might be further harmed in a hypothetical suit; Rather, the mitigation is in the technical sense of damages to which the defendant would be subject. Mitigation of damages in a contract claim simply does not attach to those that are not parties to the contract. [To the extent that non-parties may be damaged (in the general "harmed" sense), or be subject to damages (in the technical sense) in the future, that is the stuff of a separate suit.] So ... mitigation is straightforward, as long as you keep in focus who it is that is to have their damages mitigated.

      That said, I too would like to see SCO tell kernel.org what the "offending code" is, let it be removed/replaced, and let everyone get on with more productive things. But unfortunately I don't see that happening anytime soon. In the end, though, I think that SCO's "mistake" argument concerning their own release of the "offending code" under the GPL will prove to be insurmountable to them.

    34. Re:Yeah, yeah, whatever by pcwhalen · · Score: 1

      SCO is obligated in its complaint to tell the court and IBM the basis of its suit with particularity. They must show with some detail the basis for their claim.

      A TRO is appropriate where SCO is sending letters to IBM's clients threatening them.

      Let the games begin.

      --
      Pay no attention to the man behind the curtain with all your metadata.
  17. Changes? by jeffkjo1 · · Score: 5, Funny

    What does this really change though?

    This seems like nothing more than a sneaky attempt by SCO to force IBM to settle.... Did SCO not check into IBM's operating profits before this announcement? This isn't a David and Goliath situation, this is a David VS. 4 Goliaths with Lasers.

    And I want Goliath to win too.

    Stupid SCO.

    1. Re:Changes? by Anonymous Coward · · Score: 0

      ITYM David vs Goliath + sharks with "frickin' laser beams"...

    2. Re:Changes? by nhavar · · Score: 3, Funny

      But SCO has a pool full of deadly mutant bass.

      --
      "Do not be swept up in the momentum of mediocrity." - anon
    3. Re:Changes? by Anonymous Coward · · Score: 0

      but they aren't ill-tempered...

    4. Re:Changes? by mattite · · Score: 1

      I think you have the right idea, but even if there were 4 Goliaths, David had God on his side. Somehow I just can't see SCO as a humble, righteous sheepherd boy. Personally, I'd compare SCO to a Corellian Corvette with disabled thrusters, and IBM to a Super Star Destroyer.

    5. Re:Changes? by Anonymous Coward · · Score: 1, Funny

      That's 4 Super Star Destroyers with "Laser Cannons"...

    6. Re:Changes? by Zeinfeld · · Score: 1
      this is a David VS. 4 Goliaths with Lasers

      Nah, this is Nigel vs. 40 Goliaths with 'frikin' "lasers".

      --
      Looking for an Information Security student project suggestion?
      Try http://dotcrimeManifesto.com/
    7. Re:Changes? by The_Shadows · · Score: 2, Funny

      They may have mutant bass, but all they every really wanted was sharks with fricking laser beams on their heads.

    8. Re:Changes? by Anonymous Coward · · Score: 1, Funny

      Do they have lasers?

    9. Re:Changes? by OverlordQ · · Score: 1

      Um . . David won. So wouldn't it be David w/ Tactical Nukes vs Goliath?

      --
      Your hair look like poop, Bob! - Wanker.
    10. Re:Changes? by minion · · Score: 1

      This seems like nothing more than a sneaky attempt by SCO to force IBM to settle.... Did SCO not check into IBM's operating profits before this announcement? This isn't a David and Goliath situation, this is a David VS. 4 Goliaths with Lasers.

      And not just goliaths with ordinary lasers, but Goliaths with frickin' laser beams on their heads.

      --

      -- If we don't stand up for our rights, now, there will be no right to stand up for them later.
    11. Re:Changes? by GnuVince · · Score: 1

      Yes. There's this GNU/Laser system and the source of the laser is open (Open Source Laser). SCO stole this "laser" and they hope to tell Goliath he has stolen their "laser".

    12. Re:Changes? by Anonymous Coward · · Score: 0

      This isn't a David and Goliath situation, this is a David VS. 4 Goliaths with Lasers.

      You mean "with laser printers."

    13. Re:Changes? by NoNsense · · Score: 0

      Are they ill temmpered?

      --
      So there.
    14. Re:Changes? by Tuzanor · · Score: 1
      Actually, a better analagy would be SCO as an X-Wing, and IBM as a death star. Oh fuck, wait a minute...

      The point is out, though. SCO could stiff seriously fuck IBM's day if things went horribly awry.

    15. Re:Changes? by dbrutus · · Score: 1

      Don't forget the sharks so you can put the laser cannons on their heads

    16. Re:Changes? by StenD · · Score: 1

      Except that SCO II is the inheritor of the Death Star legacy, from AT&T through Novell and SCO I. SCO II is a partially built, non-operational Death Star being approached by a fleet of X-Wing and Y-Wing IBM patent fighters.

    17. Re:Changes? by nhavar · · Score: 1

      They couldn't afford the ill-tempered mutation and were forced to pick up the lower priced passive-agressive trait.

      --
      "Do not be swept up in the momentum of mediocrity." - anon
    18. Re:Changes? by evilWurst · · Score: 1

      "Goliath online!"

      Yeah...I'm a gamer...

    19. Re:Changes? by Anonymous Coward · · Score: 0
      But SCO has a pool full of deadly mutant bass.

      Is that short for bastards?

    20. Re:Changes? by fucksl4shd0t · · Score: 1

      Um . . David won. So wouldn't it be David w/ Tactical Nukes vs Goliath?

      No, the Bible's just FUD. David really lost. This is an apt comparison.

      --
      Like what I said? You might like my music
    21. Re:Changes? by Anonymous Coward · · Score: 0

      I'd say SCO II is a made-in-china micro machines Death-Star model that has pitted itself against a Torturer-class Rapid Offensive Unit called "I Believe Monkeys" from The Culture, and presently the T-ROU is going to reach in from inferior ultraspace and place a CAM charge in the puny 3D death-star model's centre, though maybe it will just vaporise it with a CREWS.

    22. Re:Changes? by walterbyrd · · Score: 1

      But who is david, and who is goliath?

      Is this a fight between ibm and scox.

      Or, is this fight between msft and linux?

    23. Re:Changes? by Anonymous Coward · · Score: 0

      Make that 4 Goliaths with "friggin" laser beams attached to their heads.

    24. Re:Changes? by jedidiah · · Score: 1

      No, this is David vs. a Zentraedi.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    25. Re:Changes? by jedidiah · · Score: 1

      David may have had G-d on his side. However, he still depended on his own abilities rather than using G-d as some sort of crutch. His faith may have helped him but no devine miracle was involved.

      He was simply a good marksman.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    26. Re:Changes? by Bigmell · · Score: 1

      Are they ill tempered?

    27. Re:Changes? by ces · · Score: 1

      more like just about anyone vs. the Old Testament Yawheh.

      The plague of locusts should be arriving in Utah any day now.

      Once this is all said and done the clear message will be "don't fuck with IBM".

      --
      Happy Fun Ball is for external use only.
    28. Re:Changes? by mattite · · Score: 1

      Then you missed the point of the story entirely: David was a good marksman, sure, but even if there were 10,000 Goliaths he would still have won because God was on his side. I wasn't saying that God is some kind of crutch. And who are you to say whether or not a miracle was involved? Does your version of the Bible have something mine doesn't? Is faith itself not a divine miracle? Are you saying that because David could use a sling that SCO is comparable? Or are you remarking on the practical generality of David and Goliath as a desciptor? Please clarify.

    29. Re:Changes? by jedidiah · · Score: 1

      I don't see anything in 1 Samuel 16-17 that implies
      that David could have magically slew 10,000 Goliaths.
      David performed no miracles. The notion that he
      did is merely the consequence of treating humanity
      as depraved and helpless.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    30. Re:Changes? by mattite · · Score: 1

      You have misread what I posted. I did not say that David slew 10,000 Goliaths. There is this thing in the English language that is called the 'subjunctive' tense. It is typically used for conditional phrases. God was with David; that was my point, and that is why he was sure to prevail. The armies of Israel were encamped for at least 40 days (1 Samuel 17:16), and not a single soldier accepted Goliath's challenge; they were afraid of him (1 Samuel 17:11). What set David apart was that he went against Goliath in the name of God (1 Samuel 17:45). David's faith was the miracle. The stigma that some kind of healing or that a pillar of fire must come down for a miracle to occur is false. If you want to believe in 'the arm of flesh,' so to speak, that's your perogative, but you aren't going to convince me.

  18. Re:LOL by shaitand · · Score: 0, Redundant

    yes, this is sco's new business strategy, sue EVERYONE.

  19. SCO's new business model? by WIAKywbfatw · · Score: 2, Insightful

    Anyone else get the feeling that going after other UNIX and UNIX-like operating systems via what appear to be tenuous legal arguments is SCO's new business model?

    I guess SCO thinks that calling in the lawyers beats actually trying to compete on the merits of its products and services.

    --

    "Accept that some days you are the pigeon, and some days you are the statue." - David Brent, Wernham Hogg
    1. Re:SCO's new business model? by Arker · · Score: 1

      Anyone else get the feeling that going after other UNIX and UNIX-like operating systems via what appear to be tenuous legal arguments is SCO's new business model?
      I guess SCO thinks that calling in the lawyers beats actually trying to compete on the merits of its products and services.

      Well if you had their assets you might think that too. What do they have? A couple of proprietary Unices that suck real bad compared to the Free competition (BSD and Linux), and a Linux distro that has never sold very well. Unlike their Unices, their Linux distro actually doesn't suck too hard, but it's been hampered by bad publicity engendered by their constant efforts to try and evade their license obligations, and doesn't have much to distinguish it from Redhat or SUSE who have always had a lot bigger market share.

      They were on the short road to bankruptcy already, I'm afraid, whether their executives really think they have a small chance of getting a big settlement this way or they're just trying to pump the stock so they can dump it before the bottom falls out, either option may well be better than what would have happened to them if they'd played nice with what little they have.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    2. Re:SCO's new business model? by TekPolitik · · Score: 1

      What "new"? SCO Is Caldera. Caldera has always bought up old, obsolete intellectual property, and then looked around for somebody to sue when they can't sell it. Caldera have tried to do some good things, but they really, really suck at it. Can't execute. They also have some really, really bad ideas, such as buying SCO, and when they realise they made a stupid purchase, it's plan B time - sue somebody, anybody.

  20. I'm not sure... by rekkanoryo · · Score: 1
    which company I like less anymore, Microsoft or SCO.

    I've never exactly been a fan of anything relating to SCO or Caldera, and now it's just getting to the point that I hate them with the same amount of passion with which I hate Microsoft. Monopolistic practices and being an asshole by making outlandish claims and having a NDA that makes it a guarantee that no one will want to look at the code are not much different to me...That factored with the allegations that SCO copied Linux code into their own...

    Well, I guess that's just more reason for me to run a mostly-Linux setup (damn winscanners).

    1. Re:I'm not sure... by imhotep1 · · Score: 1

      The big difference is that Microsoft isn't going anywhere anytime soon, and SCO's days are numbered. If we all pray really hard, perhaps when the do go out of business, Unix source will become open, or at least released under a very liberal license, that would prevent anything as rediculous as this fiasco from ever happening again.

    2. Re:I'm not sure... by cait56 · · Score: 1
      I'm not sure which company I like less anymore, Microsoft or SCO

      That's easy.

      Microsoft may be an arrogant monopolist. But at least they produce products that are useful for some people. They also get their revenue from people paying to use those products.

      Compare that with SCO's apparent "business plan".

    3. Re:I'm not sure... by rekkanoryo · · Score: 1

      You bring up an excellent point--I'd never considered that. Thanks for pointing that out. Deriving money from lawsuits will only help SCO stay afloat temporarily, and this stunt is just another ploy to get money...I agree with imhotep1 now that I've had a little more thought on the situation--SCO's days are numbered. And that number is small.

  21. something else to add to the list... by DaHat · · Score: 0

    My list of fears that may strike me down...

    Plague, famine, war, draught, ex-friends, guns, China, W Bushâ¦

    And the new addition...

    SCO revoking my license

    Now I must be off to my âpanic roomâ(TM) to cower in fear!

    1. Re:something else to add to the list... by Anonymous Coward · · Score: 0

      W Bush? Are you nuts? All we gotta do is get him pissed at SCO and BAM! American tanks are rolling through Utah, shooting the shit out of anything that moves.

      Hell, yeah!

    2. Re:something else to add to the list... by xutopia · · Score: 1

      Just tell Dobleyou Bush that SCO stands for Satan Corpus Ominity and he'll hear the voice of God Himself tell him to nuke the place!

    3. Re:something else to add to the list... by Anonymous Coward · · Score: 0

      Like what? Tell hime SCO execs tried to kill his father.

    4. Re:something else to add to the list... by DaHat · · Score: 1

      Don't forget the fact that SCO is also working on WMD's!

  22. Make it stop mommy...MAKE IT STOP!! by ScottGant · · Score: 4, Funny

    If I live the rest of my life and never hear the name of SCO again, that will be fine by me.

    --

    "Music is everybody's possession. It's only publishers who think that people own it." - John Lennon.
    1. Re:Make it stop mommy...MAKE IT STOP!! by mrseigen · · Score: 1

      If they keep going at this rate, someone will buy them just to make them shut up, fire all the employees and burn the offices and documentation to the ground. So you'll get your wish.

      Who wants to start up a donation site to Buy SCO?

    2. Re:Make it stop mommy...MAKE IT STOP!! by Anonymous Coward · · Score: 1, Funny

      SCO

    3. Re:Make it stop mommy...MAKE IT STOP!! by Anonymous+DWord · · Score: 1

      It's the first three letters of your name, brotha. You're doomed.

      --
      "If he thinks he can hide and run from the United States and our allies, he's sorely mistaken." Bush on bin Laden
    4. Re:Make it stop mommy...MAKE IT STOP!! by dfranks · · Score: 1
      Personally, I would make continued employment for the current exec staff (1-2 months should do) a condition of the buy-out. Then I would put the execs to work washing IBM employee cars in the parking lot all day.

      Spite is an evil thing, but I think these guys need adjusting.

    5. Re:Make it stop mommy...MAKE IT STOP!! by Chicane-UK · · Score: 1

      I only ever want to hear about SCO a few more times.. in the Slashdot stories detailing how IBM has annhilated them in court, and how Mr McBride has been dragged through the streets and pelted with rotten fruit and vegetables :)

      --
      "Hey! Unless this is a nude love-in, get the hell off my property!!"
    6. Re:Make it stop mommy...MAKE IT STOP!! by fanpoe · · Score: 1

      Who wants to start up a donation site to Buy SCO?

      Nobody, I hope given that this would appear to be what SCO wants. Let them know that screaming 'Mommy, I want to be bought out' is not enough to make it so but will only get them sent to their room without supper.

      Really, they're old enough to know better.

    7. Re:Make it stop mommy...MAKE IT STOP!! by rickmccl · · Score: 1
      If I live the rest of my life and never hear the name of SCO again, that will be fine by me.

      I have felt this way since the first time I installed SunOS -- I felt I had finally been called up to the major leagues, with professional equipment available at last.

  23. SCO sore loser by NavelFozz · · Score: 1

    "People will be running AIX without a valid license"
    That is complete FUD. All NEW users of AIX, but you can't take it back.

    Friday the 13th?! Is this a really bad movie, or what? How long after this do you think we will be seeing the made-for-TV movie?

  24. damn by Trepidity · · Score: 0

    I was just about to switch to AIX too.

  25. Piracy galore! by Anonymous Coward · · Score: 0

    Great. So everyone using AIX will be doing it illegally!

    Now i wont feel so bad about 100% of the nonfree software on my computer being pirated.

  26. The problem with proprietary licence by eigenkarma · · Score: 5, Insightful

    It's viral: parts of SCO code in AIX make the whole AIX a subject of SCO whims.
    If the license of a subcomponent is revoked the whole thing may be in trouble. What if one of M$ subcontractor get in dispute with M$? Windows user is suddenly in license violations.

    1. Re:The problem with proprietary licence by PDHoss · · Score: 1

      Without further ado (ADO?), I give you MS SQL Data Translation Services.

      --
      ======================================
      Writers get in shape by pumping irony.
    2. Re:The problem with proprietary licence by enderwig · · Score: 1

      Oh you mean like this kinda viral?

      Anthony

  27. BFD. by BJH · · Score: 5, Insightful

    IBM will guarantee its customers protection from any indemnity, and they'll keep on running AIX. Come Friday, everybody will be happily running unlicensed copies of AIX in the knowledge that IT WON'T MAKE ANY DIFFERENCE.

    Sorry, SCO, you lose.

    1. Re:BFD. by wispoftow · · Score: 1

      I do not understand how this holds up, in a moral sense. It seems like this is analagous to a situation where I'm tagging along with IBM while it robs a bank, and then IBM turns and tells me "don't worry, I'll take the rap."

    2. Re:BFD. by Anonymous Coward · · Score: 0
      IBM will guarantee its customers protection from any indemnity, and they'll keep on running AIX.

      This is a paraphrase of what Cringely said a couple of weeks ago:

      IBM will simply indemnify its customers against an unlikely SCO win and go on selling AIX as usual.
      The only value BJH added was to word it poorly and post it without attribution.
    3. Re:BFD. by sparrow_hawk · · Score: 1

      Perhaps because you had no knowledge IBM was (possibly) robbing a bank, and you were waiting out in the van for IBM to finish "using the bathroom"?

    4. Re:BFD. by BJH · · Score: 1

      Well, you could look at it that way, or you could look at it this way:

      IBM is the bank. Currently, the SCO gang are in the process of drilling through the vault door. IBM has told all the people that have deposited money with them that their savings are guaranteed, even if the SCO gang manages to find a way to get the money out.

    5. Re:BFD. by BJH · · Score: 1

      Since I don't read Cringely, hardly...

  28. Comment removed by account_deleted · · Score: 5, Interesting

    Comment removed based on user account deletion

  29. One thing will be clear by hbo · · Score: 5, Insightful

    After Friday, we'll have a pretty good idea what IBM really thinks about SCO's suit. If they make no attempt to settle, it will be clear they really don't think SCO can prevail.

    --

    "Even if you are on the right track, you'll get run over if you just sit there" - Will Rogers

    1. Re:One thing will be clear by Babbster · · Score: 1
      Even if they think that SCO has a case, they won't cave and they would probably try to file for an injunction so that SCO can't damage IBM's customers by revoking the license. Then, again assuming that IBM believes SCO's case has merit, they can tie SCO up in court for years, with the injunction remaining in place until the case is settled.

      This is a PR threat by SCO where they're trying to "prove" publicly that they have the upper hand.

    2. Re:One thing will be clear by hbo · · Score: 2, Interesting
      Well, sure. Everything we hear about this suit that isn't part of some court filing is P.R.


      But SCO's threat to revoke IBM's Unix license is the only leverage they have outside of the merits of the case itself, about which we can have heard nothing trustworthy from either side in the suit. On the other hand, if IBM allows them to play that card without trying to settle, it says something. A very public something, to be sure, which means that the P.R. aspects will have been carefully considered by both sides. But concrete actions will also have been taken that will have an impact on any eventual court proceedings. That gives us a (cloudy, tiny) window into what the parties are actually thinking.

      --

      "Even if you are on the right track, you'll get run over if you just sit there" - Will Rogers

    3. Re:One thing will be clear by BrynM · · Score: 1, Insightful
      I can see IBM's response now...

      (Guy in White Shirt and Smart Tie): OK SCO, let's negotiate a settlement...
      (Leans to Guy in White Shirt and Smart Tie next to him, whispering): ...while we build a REAL big ugly patent suit like you've never seen and give it to you hard.

      I wonder who would win in a patent stand off, hmmm?

      --
      US Democracy:The best person for the job (among These pre-selected choices...)
  30. I smell IBM - SCO lawsuit coming up by blueworm · · Score: 2, Interesting

    IBM should just sue SCO for causing damage to the consumer. With this type of move, obviously SCO is hoping that IBM would sense possible damage to its consumers and back off like a good mommy. However, I just think that IBM will sue SCO ;). Everyone hates SCO more than Microsoft now, you'd think they'd get the hint. SCO will not be a company in a few months.

    1. Re:I smell IBM - SCO lawsuit coming up by mark-t · · Score: 2, Funny
      Everyone hates SCO more than Microsoft now
      I'm too busy laughing at SCO to hate them. The stuff they've been spouting off lately is funnier than most professional standup comedians. I'm quite convinced now that SCO's lawyers are merely figments of someone's overactive imagination.
    2. Re:I smell IBM - SCO lawsuit coming up by jkabbe · · Score: 1

      I'm too busy laughing at SCO to hate them. The stuff they've been spouting off lately is funnier than most professional standup comedians. I'm quite convinced now that SCO's lawyers are merely figments of someone's overactive imagination.

      Maybe they should form SCOTV. They might actually get some money out of it that way.

  31. Umm, by eap · · Score: 1

    this is rather unethical and smacks of blackmail (I know, surprising coming from SCO). If SCO goes through with it it will seriously lessen their credibility in the eyes of a judge.

    The legal system appreciates efforts to resolve things out of court. SCO is saying they want everything their way and is not willing to negotiate.

    My guess is that IBM will seek an injunction preventing this.

  32. An SCO koan. by Anonymous Coward · · Score: 5, Funny

    An SCO koan.

    And the apprentice asked of the Master, "But the end user is not the infringing party. Why are they to be invalidated?"

    The Master replied, "Are the children at fault if their father steals a loaf of bread to feed them?"

    "No."

    "Yet the baker sees the children eating, the produce of his ingredients" says the master.

    The apprentice points out "The father owns the bakery. The baker stole the recipes, which were developed by the father's kin. Who owns the bread now?"

    The Master became enlightened.

    1. Re:An SCO koan. by eyeball · · Score: 1

      How appropriate. SCO Unix is empty of existence.

      --

      _______
      2B1ASK1
  33. It will not make a difference by Thaidog · · Score: 1

    What enduser group cares? This is ultimately IBM's fight... clients don't care where their solutions come from, only that they work.

    --

    ||| I still can't believe Parkay's not butter.

  34. Offtopic: Fell swoop by Osty · · Score: 2, Interesting

    (emphasis added by me)

    They are just trying to make a buck and do it all in one foul swoop.

    Though I appreciate that SCO's tactics may be foul, the phrase you're looking for is one fell swoop, as used by Shakespeare. And while you may feel that the use of "foul" may be an appropriate exchange in this case, I assure you that fell is much more so. Observe:

    fell, adj.
    1. Of an inhumanly cruel nature; fierce: fell hordes.
    2. Capable of destroying; lethal: a fell blow.
    3. Dire; sinister: by some fell chance.

    (definition taken from dictionary.com)

    1. Re:Offtopic: Fell swoop by the+eric+conspiracy · · Score: 2, Funny

      one fell swoop

      No, no, NO! The phrase he is intending to use is
      One Swell Foop.

    2. Re:Offtopic: Fell swoop by BrentRBrian · · Score: 1

      or

      One Smells Poop ?

  35. Chill over Unix by smallpaul · · Score: 4, Interesting

    The interesting thing is that SCO is now punishing people for buying Unix/AIX (TM) not Linux. The media spin has been that Linux is under a haze of doubt but for now at least Red Hat customers seem to be in a better position than AIX customers even though IBM has paid for a Unix license and Red Hat has not. Weird.

    1. Re:Chill over Unix by Anonymous Coward · · Score: 0

      Mentioning Red Hat, here is their public take on the whole SCO circus.

    2. Re:Chill over Unix by Daimaou · · Score: 5, Funny

      This ongoing story is riddled with absurdity, however, my favorite quote of the day has to be McBride's remark in Reuters' article.

      Quoted from Reuters, "McBride said SCO's Unix intellectual property had been previously under-utilized by the company: 'We've spent the last couple of quarters waking the sleeping giant.'"

      Yeah, I guess you could call suing IBM for a billion dollars "waking the sleeping giant."

    3. Re:Chill over Unix by Anonymous Coward · · Score: 0
      The interesting thing is that SCO is now punishing people for buying Unix/AIX (TM) not Linux.

      Punishing? They haven't done anything but talk a bunch of BS. I hope they do something Friday, because once they actually do something other than talk, they open themselves to counter suits and more.

    4. Re:Chill over Unix by bnenning · · Score: 1
      'We've spent the last couple of quarters waking the sleeping giant.'


      Yeah, that worked out real well for the Empire of Japan...

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
    5. Re:Chill over Unix by Darkninja666 · · Score: 1

      Actually I would say they have done more then just "waking the sleeping giant."

      I would say that they have hit the giant in the groin with a stick. Either the giant is going to topple (highly unlikely) or the giant is going to be super pissed.

      --
      Secure multi-mediation is the future of all webbing...
    6. Re:Chill over Unix by lspd · · Score: 3, Insightful

      Personally, I think this line takes the award for shoddy reporting.

      Linux ... is a version of Unix that can be copied and modified freely.

      This presupposes that SCO is correct. Sort of like saying "Abbie Normal was charged with the murder of 12 infants today. Abbie is a 28 year old mother of 3, homemaker and serial killer."

      I was under the obviously mistaken impression that Reuters did more than regurgitate press releases.

    7. Re:Chill over Unix by Error27 · · Score: 1

      My favorite quote from the whole afair is: "McBride added that unless more companies start licensing SCO's property, he may also sue Linus Torvalds."

      It cracks me up every time.

    8. Re:Chill over Unix by PizzaFace · · Score: 1
      Linux ... is a version of Unix that can be copied and modified freely.
      Send this to Apple to add to their evidence that "unix" is now a generic term.
    9. Re:Chill over Unix by Anonymous Coward · · Score: 0


      I was under the obviously mistaken impression that Reuters did more than regurgitate press releases.

      News organizations doing more than regurgitating press releases? Where have you been for the last several years?

    10. Re:Chill over Unix by nathanh · · Score: 1
      I was under the obviously mistaken impression that Reuters did more than regurgitate press releases.

      Be nice. The genealogy of UNIX is so twisted and complicated that even the most learned make the occasional mistake. I didn't think this mistake was all that bad.

    11. Re:Chill over Unix by Chris+Mattern · · Score: 1

      And I guess McBride thinks "waking the sleeping giant" is a good idea, since he was willing to brag to Reuters about it. His command of history ranks up there with his command of law.

      Chris Mattern

  36. License? by cbdavis · · Score: 0, Redundant

    We dont need no steenking license!!!

    1. Re:License? by FuzzyBad-Mofo · · Score: 1

      We dont need no steenking license!!!

      +1 Insightful
      +1 Informative
      +1 Funny
  37. How will this help SCO? by d3faultus3r · · Score: 1

    So they're gutting the profitable part of their business by getting rid of all ties with IBM involving Unix. Their genius never fails to astound me! IBM will be hurt slightly by this but SCO will be crippled, as I understand it. First they won't release the contraversial code and now this? They've basically killed their business even if they win.

    --
    read my blog
    musings on politics and technol
    1. Re:How will this help SCO? by dtfinch · · Score: 1

      But if they win it won't matter that they have no remaining customers. They'll have like 40 times their current market value to divide among their stockholders before closing their doors and retiring in style.

  38. Didn't Licenses AIX through SCO by attobyte · · Score: 4, Interesting

    All I can say is that I did not license my AIX boxes through SCO. I licensed them through IBM and the only person that can revoke that is IBM!! The courts my not see it that way but I have no contract with SCO so how does SCO think that everyone running AIX will be illegal?

    Mike

    --
    I didn't use the preview button, so get over it!!!!

    Mike

    1. Re:Didn't Licenses AIX through SCO by SkArcher · · Score: 1

      Could you post (or link) the text of that agreement?

      --

      An infinite number of monkeys will eventually come up with the complete works of /.
    2. Re:Didn't Licenses AIX through SCO by Anonymous Coward · · Score: 0

      I'm not sure why you couldn't find it yourself.

    3. Re:Didn't Licenses AIX through SCO by Anonymous Coward · · Score: 0

      If IBM licensed you the right to use Manhattan as a garbage dump, and the City of New York took exception to that, would you feel that NYC has no legal cause against you? If IBM doesn't have the legal right to license something to you ... your license isn't worth squat, and provides no defense in a suit brought against you by the legal owner.

    4. Re:Didn't Licenses AIX through SCO by Anonymous Coward · · Score: 0

      All that I can say is that I did not buy my $property through $homeowner. I bought it through $burglar and the only person that can revoke that is $burglar!! The courts may call it stolen property, bought I've never even met $homeowner so how does $homeowner think that what I have done is illegal?

  39. You want the truth? by Anonymous Coward · · Score: 0


    You can't handle the truth!

  40. Wendys revival by MazTaim · · Score: 2, Funny

    WHERE'S THE BEEF!!!

  41. Is that even possible? by Kris_J · · Score: 5, Funny
    People will be running AIX without a valid license.
    You mean it's possible to run software without a license? Anyone got a web page with instructions on how to do this?
    1. Re:Is that even possible? by Anonymous Coward · · Score: 0

      Yes, but under the DMCA if we told you we'd be arrested, and you probably would be too for reading it - suspicion of planning to circumvent copyright protection measures.

      Ahhh. Government by corporation. Isn't it fun?

    2. Re:Is that even possible? by Catiline · · Score: 1
  42. DO NOT by poptones · · Score: 4, Funny

    ...make me point at the sign...

    1. Re:DO NOT by Anonymous Coward · · Score: 0
      The Simpsons. It's the "do not talk to driver while bus is in motion" sign that the bus driver tapped as Lisa found herself in Crackton instead of at the museum of natural history.

    2. Re:DO NOT by Anonymous Coward · · Score: 0

      Much like a cartoon. This is one of the most ridiculous lawsuits I've ever seen. By the way, I'm having trouble understanding something. How does SCO have all of the rights to Unix? That doesn't quite make sense.

    3. Re:DO NOT by Jeremiah+Cornelius · · Score: 4, Insightful
      HA!

      It is to laugh!

      I wonder if all the script-kid 1337 unabombers out there will manage to obliterate SCO's presence from the Inet on Friday. Their whole corp website was unavailable in the recent past...

      I don't think SCO understands that some of Linux's biggest fans are guys who 'make the wires work'.

      --
      "Flyin' in just a sweet place,
      Never been known to fail..."
    4. Re:DO NOT by torenth · · Score: 3, Funny

      "...we wait your tables, we pump your gas. We guard you while you sleep. Do not f*** with us." -Tyler Durden

      I couldn't resist.

      --
      'Phone-jacking: Give someone a ring, they'll have to answer to find out who it is!' - Threni
    5. Re:DO NOT by pompousjerk · · Score: 1

      It's okay, you can say "fuck" here.

    6. Re:DO NOT by Anonymous Coward · · Score: 0

      +1, Fuckin' Insightful

    7. Re:DO NOT by Anonymous Coward · · Score: 0
      I wonder if all the script-kid 1337 unabombers out there will manage to obliterate SCO's presence from the Inet on Friday. Their whole corp website was unavailable in the recent past...

      I don't think SCO understands that some of Linux's biggest fans are guys who 'make the wires work'.


      No, I don't think you understand. script-kid 1337 unabombers are the guys who make the "wires" not work and are a real pain in the ass to the guys that really make the internet work. Those 3l337 d00dz are jerks and maybe criminals. I won't shed any tears for any of them that lose their gear or go to jail.

      If they don't like SCO, they should write a letter, carry a sign, or simply not buy SCO's products.

      And for what its worth, the ISP that serves SCO has other customers too, so SCO isn't the only one that suffers.

      And, if at the end of the matter the worst happens and Linux is no longer commercially available as cheap as it is today, they could just switch to *BSD. There shouldn't be any problem with them doing that if they are so 3l337, right? Or is it that Linux is that Linux is at least as much fetish as technology? If so, they either need to grow up or see a shrink.

    8. Re:DO NOT by Jeremiah+Cornelius · · Score: 1
      WHOA! I was making two statements here. Didn't mean to say that Kiddeez made the infrastructure work!

      I can see how you'd read it this way...

      --
      "Flyin' in just a sweet place,
      Never been known to fail..."
    9. Re:DO NOT by Anonymous Coward · · Score: 5, Funny

      "We answer your tech support calls, we pump your packets. We gaurd your systems while you sleep. Do not fuck with us" - Slashdot

    10. Re:DO NOT by rkz · · Score: 0, Redundant

      +1 MOD UP

    11. Re:DO NOT by Anonymous Coward · · Score: 0
      Fee fie fo fum. I smell BSD Troll.

      Keep to the topic. This is serious

      fun :-

    12. Re:DO NOT by Anonymous Coward · · Score: 0

      a lot of big wigs forget who backs up their machines, controls their network and watches
      them surf porn. unix system admins have a lot more power then some people think.

  43. St Elmos' Fireq by Anonymous Coward · · Score: 0
  44. They really think they can scare IBM's customers? by FearUncertaintyDoubt · · Score: 1
    It looks like what they are trying to do is frighten IBM's customers, which would lead to IBM settling with (i.e., buying out) SCO to protect those customers.

    I think that this one will be quite ineffective. I seriously doubt that any of IBM's customers will worry in the least that they will not be protected from this. I would bet that all of those CTO/CIOs are sleeping just fine, because they have faith that big blue will take care of them. I guess it's possible that IBM and its customers could be harmed by this, but I wouldn't put much money on it.

    Though, the people who might truly be worried are SCO's customers. It's a much more likely possibility that SCO destroys itself than it destroys IBM.

  45. wow, you suck by Anonymous Coward · · Score: 0

    yeilds?
    assuming you meant to spell it correctly, one does not yield a chainsaw. you can, however, wield a chainsaw. that is more likely what you meant to say.

    1. Re:wow, you suck by mwood · · Score: 1

      Nah, anybody can yield a chainsaw if he wants to. That's what the store clerk did when I held out some money and said, "I'll buy that chainsaw".

  46. Stop it! by nother_nix_hacker · · Score: 0, Redundant

    If I have to tell you just 17 more times then your for it....maybe.

  47. Offtopic: Wields, not yields by Osty · · Score: 1

    Jason yeilds his toothless chainsaw...

    I'm going to assume you meant "yields" when you wrote "yeilds". However, I don't think you meant to imply that Jason gives over possession of or surrenders his chainsaw, especially since you called it toothless. Instead, Jason handles [his toothless chainsaw] with skill and ease. That the chainsaw is toothless is the point; while he may be skilled at wielding his chainsaw, it's completely ineffective.

  48. Midnight Friday the 13th by Un+pobre+guey · · Score: 1

    That's hilarious! You just can't make up stuff like that.

  49. Of course! by Cytlid · · Score: 2, Funny

    ... I knew it! That's when McBride's car payment is due!

    (I envision him on his kness.. Please... Please... PLEASE IBM!)

    --
    FLR
    1. Re:Of course! by Cytlid · · Score: 1

      Geez, redundant. Would like to know what's so redundant about it. I'm trying to make a joke of it, make light of it, actually kind of glad the whole thing will be over soon. We all know SCO is bull of BS.

      --
      FLR
  50. Multiple suits by Stonent1 · · Score: 1

    How many companies are going to in turn sue SCO for terminating their license? A large company could have a few thousand AIX licenses. That alone could easily be worth at least a million dollars. I think once their lawyers do some background work on this they will realize that IBM is not the one that is being unreasonable.

  51. This is just insane... by seldolivaw · · Score: 4, Interesting

    Spreading FUD about Linux is one thing -- you have a real chance of scaring away some potential Linux users that way. But AIX? It's old-school, like prehistoric. It's firmly entrenched into the legacy systems of some of the biggest corporations in the world, and they not only don't want to get rid of it, they are in fact be completely unable to do so without hugely expensive redevelopment and massive disruption. It is far cheaper for the AIX users of the world to pour money into the defence of UNIX than attempt to abandon the platform. SCO is just waving a red flag in front of one hell of a bull, and they are going to get seriously trampled.

  52. SCO can't really revoke it... can they? by narfbot · · Score: 1

    Two questions:

    1. Who sold IBM their Unix license for AIX? I know it wasn't SCO/Caldera because this predates that at least 10 years. And I don't think it was SCO either, because they didn't own the Unix licenses back then (again this predates 1995 Novell transfer... or 96?)

    2. Where, if at any point, did this license control transfer to SCO? Was it really at the point of the Novell deal? This is not something I understood they gained when I read the details of the deal recently.

    Please be nice... I'm not a lawyer.

    1. Re:SCO can't really revoke it... can they? by Zeinfeld · · Score: 4, Insightful
      Who sold IBM their Unix license for AIX? I

      That would be AT&T. It is unlikely that SCO can affect IBM because any contract they have made with Novell is trumped by the prior contract with AT&T.

      AT&T may under the terms of the contract be able to assign its interest to another party (Novell) and that in turn may be assignable. But SCO is bound by the terms of the earlier IBM/ATT contract.

      --
      Looking for an Information Security student project suggestion?
      Try http://dotcrimeManifesto.com/
    2. Re:SCO can't really revoke it... can they? by eibhear · · Score: 2, Insightful

      I have a feeling that this is less an attempt to force IBM to settle and more an attempt on SCO's part to confuse the market. SCO could stand to make some money if people thought they would be sued if they used Linux. FUD is the word. The irony is that IBM is the pioneer of FUD. The irony turns to cynicism when you notice that another side-player here is the high-priestess of software intellectual property: Microsoft.

      I echo the sentiments of a number of posters here that IBM should call SCO's bluff. It's likely that the deadline will be extended to midnight on Friday in Hawaii. Then we'll here an announcement at 11:59 that SCO and IBM came to an agreement, the details of which will remain confidential. SCO will drop the Unix-in-Linux-or-is-it-really-Linux-in-Unix allegations. Within a month press releases will come from IBM further emphasising their redurced commitment to Unix and that Linux will be their main platform. By the time the Unix licence is up for renewal (in 5 years or so), neither SCO, nor IBM's interest in the licence, will exist and the whole thing will become an episode in future TV documentaries on the history of operating systems.

      In the meantime, Apple will have vanished from the face of the earth because they thought they could get away with saying their new operating system was based on Unix. Such cheek!

    3. Re:SCO can't really revoke it... can they? by bwt · · Score: 1

      I just reviewed the licences between AT&T and IBM that are posted on SCO's site as Exhibit A and Exhibit B.

      In section 3.03 of exhibit B it clearly states that "AT&T" may revoke the licence for non-compliance. Moreover paragraph 4 of the first page contains a standard "no alterations unless signed in writing" clause. I see nothing that allows AT&T to sell this termination right without IBM's approval.

  53. Never thought I'd say it... by Trystero · · Score: 1

    because I'm generally not a big fan of huge companies. Plus, I got stuck with a couple of IBM's infamously defective, crappy Deskstar hard drives in my computers.. but....

    I'm really rooting for IBM on this one. I sincerely hope they tear SCO a new one. Go Big Blue!

    1. Re:Never thought I'd say it... by Creepy+Crawler · · Score: 1

      Tear SCO a what? Most likely, once IBM's done with them, there will be nothing left.

      --
    2. Re:Never thought I'd say it... by Trystero · · Score: 1

      Hopefully so, yes.

  54. blah... by Anonymous Coward · · Score: 0

    why do slashdot editors feel the need to echo SCO's press releases?

  55. Already know how this is going to end up by cabra771 · · Score: 0

    hmmm...somebody(SCO) is shouting threats at someone else(IBM) that may be, as they see it, harmful to their security. Does this ring a bell to anyone else? I think Dub'ya is on the board of directors for SCO. Let's see, US talking smack to Iraq and (a bunch of other countries on the side) and what happens after the deadline is set?
    Invasion!
    IBM should start locking down their corporate headquarters and raise their current threat color a level or two. SCO's coming in!

    Bet their "shock and awe" phase will be a let down.

    --

    -my other sig is your mom
    1. Re:Already know how this is going to end up by xutopia · · Score: 1

      If France doesn't use it's veto against SCO's bullying tactics.

    2. Re:Already know how this is going to end up by Anonymous Coward · · Score: 0

      and by extension, IBM is really wrong and SCO will kick their asses?

      if that doesn't happen, your comparison doesn't make sense

  56. which teens had sex behind the barn? by Anonymous Coward · · Score: 0

    friday the 13th deadline? gimme a break. this is a trashy horror flic right?

    1. Re:which teens had sex behind the barn? by Loosewire · · Score: 1

      which teens had sex behind the barn
      Probly Mr IBM Ceo's son with Mr Sco Ceo's daughter ;-)

      --
      Slashdot - The one stop shop for procrastination
  57. Mod up! by mortonda · · Score: 1
    Lol! This is the best twist of an argument I've seen yet! ROTFL

  58. And the really stupid thing... by nacturation · · Score: 4, Interesting

    ... is that it doesn't matter if IBM renews its license with SCO or not. Assuming you purchased AIX, you already have a valid license from SCO, purchased through IBM. Unless the license terms state that your license from SCO needs to be renewed and/or can be revoked at any time, SCO choosing to withdraw their licensing arrangement with IBM has no effect whatsoever on the legality of your copy of AIX. Naturally, if you purchase AIX *after* SCO revokes the license, then it will be an illegal copy.

    Anyone here a lawyer? This could fall into several categories, namely extortion/racketeering, and potentially breach of contract. I can't see IBM agreeing to a clause in the contract which states that SCO is able to revoke the license upon 1 week's notice. That's just absurd.

    --
    Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
    1. Re:And the really stupid thing... by rockabilly · · Score: 1

      Good point....

      Know what the really funny thing is? IBM may just let the license lapse, continue to support their existing AIX customers and roll out a new version of AIX with abosolutely no UNIX code in it - lust Linux. SCO wouldn't have a pot to piss in then...

      Now, wouldn't that be kool, eh?

  59. Wait em out... by Anonymous Coward · · Score: 0

    IBM will simply get an injunction and then wait until SCO runs out of money.

    1. Re:Wait em out... by korgull · · Score: 1

      Would be a bad thing as this is a thing that any company with lots of money can do and proves that justice is not what it is supposed to be.
      Actually I think you may be right and justice simply is a thing for the rich :-)
      Who else needs most protection by laws ?

      It's nice to see how we drive our economy to be a lawyer sponsoring economy and how we all just discuss the wrongs about it but do nothing about it. Just great to see laws mod down innoviation and make a simple business very complicated :-)

  60. I am confused by SILIZIUMM · · Score: 1

    Could someone explain me please the relations between SCO and The Open Group vs. Unix please ? If TOG owns the trademark, what does SCO really owns ?

    1. Re:I am confused by Anonymous Coward · · Score: 0

      You should be confused. The Unix market is a legal atom bomb, and it's starting to explode.

      The only rational choice is to standardize on systems such as Microsoft Windows or HP OpenVMS, both of which wisely avoided the customer deathtrap that is Unix.

    2. Re:I am confused by gandy909 · · Score: 1

      The Open Group owns the name "Unix", as well as the right to certify that operating system X is or is not 'a' Unix, from my understanding...

      --

      (Stolen sig) Remember: it's a "Microsoft virus", not an "email virus", a "Microsoft worm", not a "computer worm
  61. -1, Redundant ?!?! by Anonymous Coward · · Score: 0

    Of course most of these posts are going to be -1, Redundant, this entire story is -1, Redundant.

    NO MORE SCO, please. SCO is -1, Redundant.

  62. How many hours of linux-user time wasted? by ron_ivi · · Score: 1

    Wonder how many hours of Linux/AIX user time has been wasted worrying about this. Wonder what the dollar amount of that time is worth. Perhaps that's the strategy. :-)

    1. Re:How many hours of linux-user time wasted? by ssklar · · Score: 1

      Well, I'm an AIX systems adminstrator; I've spent zero time worrying about this, but I have wasted a good amount of my employer's time reading stories from Slashdot and other sources. Can we get money from SCO for that time?

      --
      Non impediti ratione cogitationis.
  63. Icons (story categories) by Kadagan+AU · · Score: 1

    Is it just me, or does the SCO latest new story gain a new icon every other story... I mean, pretty soon when you go to look at the story you'll see 3 pages worth of category icons on the right side of the story ;).

    --
    This space for rent, inquire within.
    1. Re:Icons (story categories) by mkldev · · Score: 1
      I'd like to recomment that we give it one last icon, just in time for the story about IBM telling SCO where to shove their lawsuit.

      It should consist of the palm of a hand with the thumb, first, ring, and pinkie fingers curled against it.

      --
      120 character sigs suck. Make it 250.
  64. I first get angry at SCO... by ioao · · Score: 1

    for being such an asshole. Then I read the comments and it seems like SCO has no credibility whatsoever, because everyone jokes about it now :-)
    Are you happy famous SCO ou SCLOWN ? :)

  65. Please... by powerlinekid · · Score: 5, Funny

    Hey editors and who ever submits these stories:

    Can we do this OJ style? For example:

    Trial of the Millenia: Day 47
    It is now day 47 in the trial that rocked the geek world as SCO prepares to offer 5 more lines of evidence. Opinions have been mixed, has SCO now is suing IBM for mental anguish while Linus Torvalds has responded "[Expletive Deleted] SCO and their [Expletive Deleted] code". Defending lawyers are believed to try and have the case thrown out on the grounds of insanity on SCOs part. Stay tuned for more minute by minute coverage after these commercials.

    Something like that? Come on lets add some day time television drama to this.

    --

    can't sleep slashdot will eat me
    1. Re:Please... by ktakki · · Score: 1


      "If the code don't fit you must acquit." -- Johnny Cochrane

      k.

      --
      "In spite of everything, I still believe that people are really good at heart." - Anne Frank
    2. Re:Please... by pixelite · · Score: 1

      I think that "if the [c] comments don't fit, you must acquit" would be more appropriate.

      --
      >>Sig under construction
    3. Re:Please... by Idarubicin · · Score: 1
      Can we do this OJ style?

      This might not be such a bad idea. Create a Slashbox for all the SCO stories. Everything--duelling press releases, sneezes from Reuters, the whole shebang. People with nothing better to do can follow it religiously, while everyone else can disable that Slashbox and move on with their lives.

      Permit the editors to post one story to the main page every two weeks, at most.

      --
      ~Idarubicin
  66. Yes. by RLiegh · · Score: 1

    Either Halloween or April First.

    Hell, even Thanksgiving, given what turkeys SCO are!

  67. What IBM should do by Mensa+Babe · · Score: 1

    is to let this license be revoked, use GNU, Linux, BSD, whatever instead of SCO's code, and finally end this whole farse.

    --
    Karma: Positive (probably because of superiour intellect)
    1. Re:What IBM should do by Surak · · Score: 1

      In the court of public opinion, however, this would be the same as admitting guilt. And IBM is *not* about to do that. Besides, AIX has a HUGE installed base (including a few boxes that I'm in charge of at work ;) and IBM can't bail on their customers who continue to pay fees on maintenance contracts (like mine ;).

  68. Re:They really think they can scare IBM's customer by doomdog · · Score: 5, Funny

    >> Though, the people who might truly be worried are SCO's customers

    Yep, I'll bet both of them are worried!

  69. Sue everyone? Sounds like the Novak effect by Anonymous Coward · · Score: 0

    Maybe Novak and McBride were separated at birth?

    http://yro.slashdot.org/yro/03/06/08/1848257.sht ml ?tid=123&tid=153&tid=99

  70. Confusing... by Anonymous Coward · · Score: 0

    This world is really getting confusing. Anybody ABSOLUTELY sure pigs can't fly? Anybody?

    1. Re:Confusing... by smack_attack · · Score: 1

      When pigs fly, we'll all carry umbrellas.

  71. "Look what I've got in my pocket..." by tuxathon · · Score: 1

    Apparently, midnight on Friday is "show-and-tell time" for Darl McBride.

    Pervert!

    Number One, I order you to take a Number Two!

  72. Actually: SCO Moderation -1 100% Troll by RLiegh · · Score: 0, Offtopic

    Or 100% flamebait; take your pick!

  73. My Bat, My Ball, My Game ! by Troj · · Score: 1

    RAR! I invented fire and every Chef is using it without my consent ... Therefore unless they all agree to my terms by Friday, no-one is aloud to eat anything anymore ... unless you microwave it ... Doh! - Prometheus.

    1. Re:My Bat, My Ball, My Game ! by Anonymous Coward · · Score: 0

      Bullshit you discovered fire. You stole it from the Gods and we all know it! Better quit trying to quit trying to blackmail people over something you didn't even discover or IB- er Zeus will strap you to a rock to have your liver eaten out by an eagle every morning for the next thousand years or so.

  74. and microsoft is the winner by Anonymous Coward · · Score: 1, Interesting

    isnt it obvious that microsoft is behind this? Why else would SCO be STUPID enough to do what they are doing? Can anyone do a little dumpster digging to find out their part - i mean who do you think is benefiting from this right now?

  75. Imagine how this would look with DRM by Graabein · · Score: 5, Interesting
    Imagine how this would look if DRM a la Palladium was commonplace and implemented on all commercial hardware and in operating systems.

    Wham, come Saturday June 14 thousands of boxes with AIX all over the world would suddenly shut down.

    Now tell me why DRM is a good idea and explain how it will never be misused or abused.

    --
    And remember kids: Never trust a computer you can actually lift.
    1. Re:Imagine how this would look with DRM by Anonymous Coward · · Score: 0

      This is the most insightful comment of the day. Possibly of the entire SCO mess. I wish I could mod you to +50.

    2. Re:Imagine how this would look with DRM by kotfu · · Score: 3, Funny

      June 16, 2003 - Wahoo, Nebraska

      Life support systems in emergency rooms all over the country suddenly stopped working this weekend when SCO terminated the IBM's AIX license. Wanker McBride, executive vice-president of DRM for SCO, said in a newsconference that this action was justified. "We just can't have people stealing our intellectual property, it's just not the American Way(tm)."

      SCO announced a 11:00am MDT conference call on their web site, but when this reporter called the number, a recorded message said, "Could not complete your call as dialed, message 3027".

      On an unrelated note, banks all over the country were unable to disburse funds this morning because their systems were down. Signs were spotted on many banks that said "Come back later, and bring last month's statement"

      And oh yeah, you should see the line at the DMV now.

      SCO's stock tumbled to $0.01, moments after the opening bell, amid fears of massive lawsuits

    3. Re:Imagine how this would look with DRM by Anonymous Coward · · Score: 0

      (If you're going to post anonymously, be sure to check the no karma bonus box).

      The company I work for refuses to deal with any company that can legally use the UCITA.

    4. Re:Imagine how this would look with DRM by Anonymous Coward · · Score: 0

      I'm pretty sure IBM could already remotely terminate a large number of AIX boxes, as well as other minis and mainframes.

      You don't need "DRM" when you have "System Management".

    5. Re:Imagine how this would look with DRM by Jeff+DeMaagd · · Score: 1

      Now tell me why DRM is a good idea and explain how it will never be misused or abused.

      Depends, are there any devil's advocates on slashdot? Otherwise you are preaching to the choir. Meaning that I definitely agree with your stance.

    6. Re:Imagine how this would look with DRM by Anonymous Coward · · Score: 0
      If you're going to post anonymously, be sure to check the no karma bonus box
      Why?
    7. Re:Imagine how this would look with DRM by ces · · Score: 1

      Assuming SCO was in a position to revoke AIX certificates the revocation would last just about long enough for the feds to nationalize SCO with an emergency executive order.

      Shutting down things like air traffic control tends to piss people off.

      SCO's stock tumbled to $0.01, moments after the opening bell, amid fears of massive lawsuits

      well actually no. The stock market would be down too. Yet another reason Darl would find troops with guns pointed at his head if he could actually remote disable every AIX installation.

      --
      Happy Fun Ball is for external use only.
  76. Offtopic: DictionaryDork, not Osty by Anonymous Coward · · Score: 0

    HTH, HAND

  77. it's upside down world! by Ralph+Spoilsport · · Score: 2, Funny
    on /. we see the following:

    SCO Gives Friday Deadline To IBM
    -snip-

    Apple: Apple Sued Over Unix Trademark
    -snip-

    So, SCO is going to bring IBM "to its knees" over UNIX, and Apple is being sued over UNIX.

    This is getting silly.

    I tihnk we need to develop a totally swanky GUI on top of VMS....errrr...oh...right...that's Windows...ummmmm....

    I think we need to develop a totally swanky GUI on top of CP/M! There we go! Now, who owns CP/M?

    Help me somebody - dogs and cats are LIVING TOGETHER!!!

    RR

    --
    Shoes for Industry. Shoes for the Dead.
    1. Re:it's upside down world! by mwood · · Score: 1

      "I tihnk we need to develop a totally swanky GUI on top of VMS....errrr...oh...right...that's Windows...ummmmm...."

      No, that's CDE. (I suppose DECwindows is long gone....)

    2. Re:it's upside down world! by robslimo · · Score: 1

      Now, who owns CP/M?

      Let's see...

      CP/M was developed and marketed by DRI (Digital Research Inc.) DRI sold out to Novell. Novell sold all of DRI's stuff to Caldara.

      From this link:
      Caldera Inc. owns all trademark and copyright to CP/M

      Now, what was the question?

  78. IBM, you have 48 hours by smack_attack · · Score: 5, Funny

    In recent months, some corporations have been doing their part. They have delivered public and private monies urging a settlement to leave with SCO, so that licensince can proceed peacefully. IBM has thus far refused. All the decades of deceit and cruelty have now reached an end. IBM and it's board of directors must leave IBM headquarters within 48 hours. Their refusal to do so will result in military conflict, commenced at a time of our choosing. For their own safety, all foreign workers -- including contractors and temporary employees -- should leave IBM immediately.

    Many IBM employees can hear me tonight in a translated radio broadcast, and I have a message for them. If we must begin a military campaign, it will be directed against the lawless men who rule your company and not against you. As our lawyers take away their power, we will deliver the employment and medical benefits you need. We will tear down the apparatus of AIX and we will help you to build a new IBM that is prosperous and free. In a free IBM, there will be no more wars of aggression against UNIX, no more antiquated mainframes, no more skipped lunches, no more broken copier machines and TPS reports. The board of directors will soon be gone. The day of your liberation is near. /tongue planted firmly in cheek

  79. Hey SCO ! Bite my Shiny Metal Ass by Dolphinzilla · · Score: 2, Funny

    nuff said...

  80. I AM IBM YOU INCENSITIVE CLOD!!!! by Anonymous Coward · · Score: 0

    and the only ppl making money are the lawyers.....

  81. Anti-Unix Checklist by rsmith-mac · · Score: 1
    Minutes from the latest "We own Unix" meeting:
    Scare off Linux users: Check
    Scare off Apple users: Check
    Scare off AIX users: Check

    Let's see, there's still Solaris hanging about out there, and those pesky BSD's are still around. Anyone have any suggestions on how to proceed?

    Someone has to end the carnage soon, otherwise MS will be the one coming out on top over all of this.
    1. Re:Anti-Unix Checklist by MadJo · · Score: 1

      hmmm, maybe, that is the whole idea behind this...
      to help ms getting rid of that pesky linux and co.

      Wasn't MS buying a licence (or something like it) from SCO a few weeks ago?

  82. Waiting for the other shoe to drop by El · · Score: 4, Interesting

    I wonder which and how many of the 30,000 patents IBM owns SCO will get accused of violating. Usually it doesn't pay to wake a sleeping giant...

    --

    "Freedom means freedom for everybody" -- Dick Cheney

    1. Re:Waiting for the other shoe to drop by Jeremiah+Cornelius · · Score: 1

      Had I not posted to this thread, I would have modded you through the ceiling.

      --
      "Flyin' in just a sweet place,
      Never been known to fail..."
    2. Re:Waiting for the other shoe to drop by p3d0 · · Score: 1

      I must say, yours is certainly the lowest Slashdot ID I have ever seen besides the people who run the site.

      --
      Patrick Doyle
      I mod down every jackass who puts his moderation policy in his sig. Oh, wait a sec....
    3. Re:Waiting for the other shoe to drop by Loki_1929 · · Score: 1

      " I wonder which and how many of the 30,000 patents IBM owns SCO will get accused of violating."

      If IBM really wanted to make a point about not filing silly-ass lawsuits against them like what SCO has done, they'd file 30,000 simultaneous lawsuits against SCO for violating every single one of IBM's patents. Now, let's see if SCO's legal team (which is essentially all that is left of SCO) figure out how to prepare themselves for 30,000 lawsuits.

      --
      -- "Government is the great fiction through which everybody endeavors to live at the expense of everybody else."
    4. Re:Waiting for the other shoe to drop by Jeremiah+Cornelius · · Score: 1
      I must say, yours is certainly the lowest Slashdot ID I have ever seen besides the people who run the site.
      Doesn't get you a cup of coffee, though...
      --
      "Flyin' in just a sweet place,
      Never been known to fail..."
    5. Re:Waiting for the other shoe to drop by fucksl4shd0t · · Score: 1

      If IBM really wanted to make a point about not filing silly-ass lawsuits against them like what SCO has done, they'd file 30,000 simultaneous lawsuits against SCO for violating every single one of IBM's patents. Now, let's see if SCO's legal team (which is essentially all that is left of SCO) figure out how to prepare themselves for 30,000 lawsuits.

      So, IBM should attack SCO with a cluster, then? Show SCO some distributed computing? I think that's how Google would fight, but do you really think IBM would do something like that? Wouldn't they just file 30,000 suits one at a time, each with a reduced set of claims?

      --
      Like what I said? You might like my music
    6. Re:Waiting for the other shoe to drop by cdrudge · · Score: 1

      It's actually probably closer to 40,000. They had 37,000 as of the begining of 2002 and were adding over 3,000 a year.

    7. Re:Waiting for the other shoe to drop by alexo · · Score: 1

      > I wonder which and how many of the 30,000 patents IBM owns SCO will get accused of violating.

      Probably this one.

  83. Wrong way down a one way street... by fuqqer · · Score: 0

    I. It seems to me that SCO would have kept this under wraps or at least quieter until they were in court. a)SCO must have known that the Linux community would react like this(Although their behavior makes me second guess this opinion). b)If I(SCO) were were to sue a giant like IBM, I'd try to at least get the element of surprise before being going up against them in court. c)If SCO thinks they are tipping their cards by showing 80 lines of code to people with no credentials, they don't know they still look like their bluffing. Thereby they're just begging IBM to go to court. II. Darl knows he's pissing off the community and he knows that IBM and virtually everyone is going to call his bluff. Two reasons... a)If Darl is crazy, then fuck him, let him try to get anything he can. b)It's too late for him to embrace opensource, and now he's successfully currying favor with Microsoft. III. If IBM is guilty of putting SCO owned stuff into Linux... a)SCO's fscked...It'll be years before anybody gets coin (except lawyers). I trust IBM's legal team over David Boiese or whoever that scumbag is. b)The code will change so fast that they'll never be able to prove what kernels major companies were using before the kernels come out in court (proper sysadmins should know to hide this...). IV. If IBM isn't guilty a) SCO's fscked....There'll be enough suits against them for violating GPL and everything else that they can be sued for. I imagine they'll never be able to operate internationally again. b) SCO's double fscked, I hope IBM would sue for their money back. I would also hope Sun and anybody else would try and sue to get something back (let alone shareholders). I just had to be part of the herd and rant about sco with everyone else...Thanks.

    1. Re:Wrong way down a one way street... by The+Bungi · · Score: 4, Funny
      Use the

      Luke...

  84. Re:It will not make a difference-IBM of course. by Anonymous Coward · · Score: 0

    " What enduser group cares? This is ultimately IBM's fight... clients don't care where their solutions come from, only that they work."

    This also is the answer to the question "Who do you sue?" that we've seen used in the past against Linux.

  85. Fraud by Anonymous Coward · · Score: 1, Interesting

    What are the penalties for fraud if you are a CEO in corporate America? Oh, wait. Nevermind.

    I guess SCO President and Chief Executive Darl McBride's passport must be up-to-date, along with a leave-anytime ticket to a country outside the United States' jurisdiction. He must be forgetting about the "International" part of the IBM acronym. Silly boy.

  86. Fixed. by Anonymous Coward · · Score: 0

    Better Link

    sorry 'bout that.

  87. in other news.... by Lumpy · · Score: 4, Funny

    A recent auction at the former soviet union insiders mentioned that several representatives of Internation Business Machines (IBM) were present and buying lots of hardware.

    They were questioned about the use? possibly for research for their military contracts with the US government?"

    the reply was not what was expected....

    "No, we are gearing up for negotiations with a rival company that has been knocking on our door with insane claims for a while. the CEO last night in a fit of rage mentioned that he would love to see SCO just dissappear... so we decided to follow his orders... we figure these 75,000 pounds of conventional bombs will do the job, and suprisingly enough the US govt said that they would be glad to "drop ship" them for us."

    we figure that the whole thing will settle within a few days...

    No further comments were made, but one of the IBM representatives was overhead asking if it was going to be really loud, and can they swing by Redmond Washington if they have any leftovers...

    Richard Head, UPN News...

    --
    Do not look at laser with remaining good eye.
  88. Hopefully, people will learn something here... by jabber01 · · Score: 1

    Yes, come Friday, sans license, AIX will still run as well as it ever did.

    Guess what Mr. CTO, you DO NOT need software with a "legally enforcible license" to keep your servers up and running.

    Now, there's no point getting sued by the guys in Redmond, but software with lax licenses is now a really viable alternative.

    It used to be that "Whom do you sue if things fail" was a convincing argument. Now "Who will sue you out of spite" proves to be the other side of the coin.

    There is ONE safe bet that covers both contingencies. You know the one. It doesn't work for peanuts, but for herring, hell yeah!

    --

    The REAL jabber has the user id: 13196
    What you do today will cost you a day of your life

  89. "We've basically mapped out what we will do..." by Anonymous Coward · · Score: 0

    , which is to run like a bunch of transvestite hookers from their pimp on a rainy night! Run ho, run!!

  90. Strange feelings by compjma · · Score: 1

    Doesn't anyone else feel wierd to be rooting for IBM? It's just strange, 15 years ago everyone hated them, now them seem almost benevolent. If this keeps up we'll all be rooting for microsoft in 2020, and won't that be strange?

    1. Re:Strange feelings by mec · · Score: 1

      Rooting for IBM is not the strange part. Even the FSF was rooting for Microsoft back in the day, because of the Apple versus Microsoft "look and feel" suit.

      The weird part is watching slashdotters cheer the prospect of IBM crushing SCO by using its massive patent portfolio!

      (I'll cheer, too. I'm not particularly opposed to patents, and I'm short SCOX.)

  91. Time to dip SCOnes into some reality coffee. by SkewlD00d · · Score: 2, Funny

    Yo, SCO! You don't matter. Your desperate attempts to scare up some royalties are falling on deaf ears. The parrot is dead and no, you don't get a refund.

    SCO phone tree:

    "Welcom to SCO, the leaders in leveraging mature intellectual property on de facto standards that we claim to own.

    Press 1 if you need to pay your Linux royalties,
    press 2 if you want to be a target of a shakedown,
    press 3 if you are a cash cow that needs milking,
    press 4 for if you use any of the following: hair-dryer, phone, toliet paper, keys; if unsure press 5.

    *Beep* [5]. You may owe us money, please wait while we check your medical records, credit card receipts, and hard drive for mp3s, pr0n and dvd rips. .... please continue to hold ..... please continue to hold .... You owe FIFTEEN-THOUSAND FOUR-HUND-RED SIXTYSEVEN dollars and TWE-LVE cents. Press 1 to pay by check, press 2 to pay by credit card. *click*

    --
    The biggest trick the devil pulled was letting lawyers become politicians so they can write the laws.
  92. OpenSource.org offers some clarification. by AltGrendel · · Score: 1
    This link was pointed out in the last SCO article.

    It points out why SCO has no real claim that they can support. It's a lengthy but well worth reading.

    --
    The simple truth is that interstellar distances will not fit into the human imagination

    - Douglas Adams

  93. The Difference by Crashmarik · · Score: 1

    This reminds me of the lawsuits against microsoft by stacker and caldera. The difference is when IBM is in the courtroom it wins.

  94. Everyone is suing everyone for anything by Prozzaks · · Score: 1

    Is it just me or are companies suing everybody for anything?

    If you paid for a valid AIX license to IBM, how can SCO make your licsense invalid. Can they just do that? The bottom line is that, once again, the end users gets screwed.

    Com on people! Get serious. I know there is a slowdown in the IT world, but stop trying to make money by suing people for stupid claims!

  95. Seek Ye the Gnarl by Anonymous Coward · · Score: 0

    Yes. I will tell "hime" SCO execs tried to kill his father.

  96. Obligatory Simpsons reference by Z0mb1eman · · Score: 5, Funny

    Or to paraphrase Apu,

    "Hey, hey! I have asked you rudely not to mangle my copyrights. You leave me no choice but to ask you rudely again."

    --
    ClutterMe.com - easiest site creation on the Net. Just click and type.
  97. Quickly, mr sysadmin... by andrewski · · Score: 1

    Just find every instance in the CVS of Unix and replace it with 'Not Unix'!

  98. Perhaps... by Anonymous Coward · · Score: 0

    ...this is just a sh*tty side-effect of something positive... The *nix (or UNIX, or Unix, or [auUl]{Li}?nux/*BSD) market is heating up.

    -bch

  99. News for Nerds: IBM can take care of themselves... by Kjella · · Score: 4, Insightful

    Really, I could understand the issue as long as they were talking of suing distributions, Linux users, Linus himself. But IBM's contract relations and IBM's customers?

    If IBM thought SCO had a case, they'd slam them with a countersuit of a kazillion patents SCO violates and offer to settle. End of story. The fact that IBM is letting SCO buzz around like they do tells me that SCO has no case.

    And I sure as hell don't think that IBM's lawyers were so stupid that the revocation of the licence from SCO would create any problem with current AIX licences (maybe with issuing new, but that's another story). My conclusion: More FUD, but let IBM debunk this and get back to something more nerdish.

    Kjella

    --
    Live today, because you never know what tomorrow brings
  100. SCO does own Unix by Anonymous Coward · · Score: 0

    http://biz.yahoo.com/prnews/030606/laf017a_1.html
    it appears they do own the rights to UNIX

  101. SCO's karma and M$ influence......... by i_want_you_to_throw_ · · Score: 1

    SCO also won a license from Microsoft, which agreed to pay SCO to ensure that it would not violate intellectual property rights when developing software that works with Unix. But Microsoft's move was widely seen as an attempt to lend weight to SCO's attack on Linux, which Microsoft views as a threat to its Windows franchise.

    If Microsoft wants to buy influence that will actually do something to Linux they might want to consider an alliance with a company who will not be experiencing a severe ripening of karma as SCO.

    SCO is gonna be one hell of a stock to short once they start that downhill slide. Tell your favorite message board.....

  102. Re:This won't make any difference by Anonymous Coward · · Score: 0

    Too fucking lazy to write your own comments? Saw a high rated comment from which you could steal some thunder?

    Yours looks suspiciously much like this one, by Fished.

    IANAL.

    It's pretty clear that SCO is trying to get IBM customers to pressure IBM to settle this. However, it frankly seems pretty absurd. The bottom line is that, as a customer, I am not responsible for IBM's alleged failure to maintain a proper license for UNIX. IBM's license is a license to *copy* UNIX software, and copying is the only activity that could possibly be prophibited. Given that IBM's customers already HAVE copies of AIX, unless IBM's license from SCO has some very odd language in it it seems extremely improbable that customers could lose the license they already have.
    "It is not as a child that I believe and confess Christ Jesus. My Hosanna is born in a furnace of doubt." - Dostoevsky

  103. Did SCO prove that IBM did it? by pstreck · · Score: 2, Informative

    One thing that seems a little odd here is that yes SCO did show that there is code in unixware that is also in linux. But they have not proven where the code originated from, and who put it in there.... And on top of that SCO picked Friday the 13th as the ultimatum date!

    --

    Later,
    Phil
  104. In other news... by Loki_1929 · · Score: 5, Funny

    In other news, IBM spokesperson John Ashton responded to SCO's reported Friday dealine by simply saying, "Blow me."

    --
    -- "Government is the great fiction through which everybody endeavors to live at the expense of everybody else."
    1. Re:In other news... by Anonymous Coward · · Score: 0

      "Sure. If you buy me."

  105. Such a strange business model... by wiresquire · · Score: 3, Interesting

    I'm a bit slow, but I just worked out what had been freaking me out.

    Usually, if someone is breaching a license, you would go to them, point it out and ask for a chunk of money. It's not just to help them protect their good name. It's also to protect your own good name as a trusted partner to do business with.

    If SCO's business is really about trying to license Unix, then they should pay attention to this. Imagine what their other customers are thinking. "These guys are feral. We should look for a way out of this". And prospective customers would be thinking "Err, no. That's not the type of supplier I want to do business with".Well, unless you are Microsoft. I will leave you to draw your own conclusions on that.

    Clearly this is a sad death spiral.

    --

    So does Anonymous Coward have good karma?

    1. Re:Such a strange business model... by Tony-A · · Score: 1

      Right on target. Regardless of any possible merits to SCO's case, they have established themselves as someone you do not want to do business with. Corporate suicide.

    2. Re:Such a strange business model... by sbaker · · Score: 1

      You miss the point. SCO is already dead. Linux has erased their market.

      Realising this, the only way they could possibly survive is to attempt to leverage whatever they actually own in terms of rights to UNIX to sue IBM for a billion dollars.

      It doesn't matter a damn to them what customers (both existing and potential) think of them because without this big chunk of change, they are already dead and with that much money, they can buy themselves back into favor. (Imagine "We've decided to donate $200,000,000 to OpenSource development", etc, etc)

      If by some remarkable miracle, they pulled this off and walked away with a gigabuck - they'd go on to sue every Linux distributor and (ultimately) try to collect license fees from every Linux user. The ideal business model - big cash reserves, big income from licensing - no products, no product support.

      They have NOTHING to lose - without this, they die. The effect of this on whatever customers they still have is of no concern to them.

      --
      www.sjbaker.org
  106. Name change by Anonymous Coward · · Score: 0

    Great! Now IBM can re-write AIX and call it Anix instead.

    Then when SCO come back with more whiny bullshit to try and trick someone into buying them, IBM can say 'Kiss my Anix'.

  107. Stand By Me by kindbud · · Score: 1

    Why does this story remind me of Gordy's tale from the movie "Stand By Me" about Lardass and how he got his revenge for being picked on by vomiting all over the pie eating contest?

    --
    Edith Keeler Must Die
  108. check out this neato super original wallpaper! by getoblstr · · Score: 1

    http://www.deviantart.com/view/2082832

    --
    think for yourself. question authority.
  109. MOD Parent WAY DOWN! by Anonymous Coward · · Score: 0

    Copy of another post.

    1. Re:MOD Parent WAY DOWN! by Anonymous Coward · · Score: 0

      AND THIS PARENT TOO

  110. Corporate Stucturing by N8F8 · · Score: 3, Insightful

    I'm not sure about IBM, but most large corporations tend to structure their businesses to insulate risk. I wouldn't be suprised to find that the part of IBM that licensed AIX and the part of IBM that sells Linux and the part that develops Linux are all insulated from each other.

    --
    "God fights on the side with the best artillery." - Napoleon, Marshal of France - speaking truth to power
    1. Re:Corporate Stucturing by Animats · · Score: 1

      Some companies, like WorldCom, are structured that way, but IBM is not.

  111. IBM: Sue them into oblivion by FLoWCTRL · · Score: 2, Funny

    ...its the only right thing to do.

  112. So what? by Akardam · · Score: 1

    SCO's already claiming that their software is being run without being properly licensed. It's 6 one way, half a dozen the other.

    P.S. I was tempted to entitle this post "SCO" what?, but I decided that would probably only get me shot :)

  113. Invisible Hand by Anonymous Coward · · Score: 0

    I think the invisible hand of the market is going to sucker punch SCO no matter what happens. Would you do business with these turkeys? Anyone who treats lawyers as anything other than a last resort deserves no respect at all.

  114. How much debt will SCO go into? by Araxen · · Score: 1

    After IBM wins the main case brought against them and countersues SCO?

  115. SCO just messed with the wrong people... by Anonymous Coward · · Score: 5, Insightful

    ...and I don't mean IBM. SCO just rattled the cages of everybody that uses AIX. I work at a .gov that shall remain nameless, and without bragging, we have at least one of everything - and we run AIX in all kinds of funky places. Tell me I can't run AIX? Come and get me. But make sure the SCO flunky you send is expendable, they WILL shoot you nowadays.

    But forget about the guard force using SCO interns for target practice, you just threatened almost every Fortune 500 company with a datacenter to speak of. THEIR lawyers using your ass for target practice is much more scary. Telling folks with THAT kind of power to turn off their line-of-business systems will get SCO slapped around like a red-headed stepchild.

    1. Re:SCO just messed with the wrong people... by geschild · · Score: 1

      [jest]
      I'm so sorry for your lost childhood. It must not have been easy, being a red-headed stepchild and all...
      [/jest]

      --
      Karma? What's that again?
  116. I's like to know if... by Pieroxy · · Score: 5, Interesting

    IBM has done something about that already...

    We always talk about SCO, SCO, SCO but I realized I have no clue about what IBM's response is...

    Anyone ?

    1. Re:I's like to know if... by Gojira+Shipi-Taro · · Score: 4, Funny

      I'm hoping for...

      "Wipe them out...

      ALL of them..."

      This time I'd be rooting for Palpatine...

      --
      "Oh my God. This is terrible. This is the end of my Presidency. I'm fucked."; ~ Donald J. Trump
    2. Re:I's like to know if... by debrain · · Score: 5, Insightful

      I think one of Lou's contributions to the IBM culture is act of being more tight lipped in public. He openly referred to the IT industry as a media "circus", and I think one of his large cultural biases and influences, coming from American Express, was saying nothing until something needs to be said. Particularly in cases of legal importance.

      In any other segment of the economy, I suspect, this is followed more as a tenet of the industry rather than an exception. IBM's response has been, I strongly suspect, reassuring the most important audience: their customers, shareholders, management team, and employees. Rather then entering into a childish public-affairs fiasco with SCO, I believe IBM has taken the high road, and deferred judgement to the courts, where it matters.

      We shall see, in any case.

    3. Re:I's like to know if... by wideBlueSkies · · Score: 4, Funny

      >>We always talk about SCO, SCO, SCO but I realized I have no clue about what IBM's response is...

      Some possibilities:

      Shoo fly.

      Shut up and sit down.

      Surely you're not talking to me like that. YOU couldn't possibly be THAT dumb right?

      You got a problem? Wanna take it outside little man?

      I thought I heard something like a threat. But it was probably just the wind.

      --
      Huh?
    4. Re:I's like to know if... by RedWizzard · · Score: 5, Informative
      From the article, IBM's response:

      "IBM believes that our contract with regard to AIX is irrevocable and perpetual and there is nothing further to discuss".

    5. Re:I's like to know if... by Anonymous Coward · · Score: 0

      IBM has said nothing to its employees about this, at least not to ALL the employees.

      - AC (for a good reason)

    6. Re:I's like to know if... by jarrod.smith · · Score: 5, Interesting
      We always talk about SCO, SCO, SCO but I realized I have no clue about what IBM's response is...

      This was addressed in the recent salon.com article called "Lawyers against Linux". I think it's a MUST READ - at least click-through to get a day pass for this article.

      To quote the bit about IBM's response:

      An IBM spokesman declined to comment on the SCO case. The company's legal response to SCO, however, leaves little doubt about IBM's feelings: The filing is an almost comically terse list denying all but the most indisputable claims that SCO makes. For example, one line reads that IBM "denies the averments of paragraph 19, except admits that IBM markets a Unix software product under the trade name 'AIX.'" IBM also candidly admits that its principal place of business is in New York, that it maintains an office in Salt Lake City, and that some of its microchips are more powerful than chips made by Intel. It gives no more ground than that, however.

      In a nutshell, they aren't really taking it seriously - at least not in their initial response to SCO's allegations...

    7. Re:I's like to know if... by rifftide · · Score: 4, Interesting

      In retrospect it seems IBM took the right approach by muzzling their executives and PR folks about the case, though it has disappointed some who hoped to see SCO put in its place. Had they seized on Novell's challenge, for example, IBM would have looked bad after SCO "found" an amendment to the original contract. And the press would've loved to cover a "he said, she said" mud wrestling match between the two companies. Instead, I can picture IBM calmly and carefully setting up its artillery pieces, lying in wait for the approach of the SCO army.

      Meanwhile McBride has been hyping the lawsuit, trying to pump up SCO's stock price to maximize the payoff in the buyout scenario. But he forgot that sending out those 1500 letters and threatening Torvalds made him look ridiculous to the people who will make decisions about what actions to take as the litigation proceeds.

    8. Re:I's like to know if... by dillon_rinker · · Score: 5, Funny

      Me, I'm waiting for...
      "Find them and destroy them."

      Or perhaps
      "What good is a Ring of Power if you're unable...to Speak." - Agent Elrond

    9. Re:I's like to know if... by LordP · · Score: 0

      Or...

      "You talkin' to me? You talkin' to me? You talkin' to me? Then who the hell else are you talkin' to? You talkin' to me? Well I'm the only one here. Who do you think you're talking to? Oh yeah? Huh? Ok."

      --
      Nothing is so smiple that it can't be screwed up.
    10. Re:I's like to know if... by chrisleonard · · Score: 1
      > I think one of Lou's contributions to the IBM culture is act of being more tight
      > lipped in public. He openly referred to the IT industry as a media "circus" ...
      Hey, Lou must be a slashdot reader!
    11. Re:I's like to know if... by Talinom · · Score: 0

      Um, you missed a few:

      Most of the *nix community to SCO:
      "What we have here is failure to communicate." (Cool Hand Luke)
      "Frankly, my dear, I don't give a damn." (Gone with the Wind)
      "I want you to go to the window, open it, stick your head out and yell, 'I'm as mad as hell, and I'm not going to take this anymore.'" (Network)

      What SCO execs think they are telling their shareholders:
      "Show me the money." (Jerry Maguire)

      SCO execs in the near future:
      "I coulda been a contender." (On the Waterfront)

      --
      "Giving money and power to governments is like giving whiskey and car keys to teenage boys." - P.J. O'Rourke
    12. Re:I's like to know if... by mobets · · Score: 0, Redundant

      If only I had mod points... That last one was hilarious.

      --

      It was me, I did it, I moved your cheese
    13. Re:I's like to know if... by chabotc · · Score: 0, Redundant

      I think this quote from a salon.com article sums it up quite well:

      An IBM spokesman declined to comment on the SCO case. The company's legal response to SCO, however, leaves little doubt about IBM's feelings: The filing is an almost comically terse list denying all but the most indisputable claims that SCO makes. For example, one line reads that IBM "denies the averments of paragraph 19, except admits that IBM markets a Unix software product under the trade name 'AIX.'" IBM also candidly admits that its principal place of business is in New York, that it maintains an office in Salt Lake City, and that some of its microchips are more powerful than chips made by Intel. It gives no more ground than that, however.

    14. Re:I's like to know if... by Anonymous Coward · · Score: 0

      A senior VP (3 levels above the grunts) told us that IBM is not worried at all about SCO, that SCO is only looking stupid.

    15. Re:I's like to know if... by Cletus+the+yokel · · Score: 1

      "You talk like you're a real ass-kicker. But I ain't convinced." - Charles Bronson, Mr. Majestyk

      --
      Wanted: One witty yet thought provoking .sig - Apply here.
    16. Re:I's like to know if... by Minna+Kirai · · Score: 0, Interesting

      As a Linux user (wanting to read a Linux article), I can't click through the Salon day-pass system. It's presented as a Flash(tm) file, version 4, and Macromedia's plugin only supports versions 5 and 6.

      Additionally, today's ad is for WindowsXP. Funny that most of the users who can view the commericial are already Windows(r) customers.

    17. Re:I's like to know if... by orthogonal · · Score: 1

      No, IBM's response will be:

      Take off every 'zig' !!
      ....
      For great justice.

    18. Re:I's like to know if... by Thing+1 · · Score: 0, Offtopic
      Meanwhile McBride has been hyping the lawsuit [...]

      Anyone else think of Happy Meals when they read that sentence?

      Let's see, marry a female McDonald's employee: McBride!

      --
      I feel fantastic, and I'm still alive.
    19. Re:I's like to know if... by Daetrin · · Score: 1

      Shouldn't that be, "What good is a Ring of Power if... you don't have any fingers to put it on?"

      --
      This Space Intentionally Left Blank
    20. Re:I's like to know if... by Anonymous Coward · · Score: 1

      Actually they're taking them very seriously. IBM's answer is very well written and put together. They did exactly what you are supposed to do in an answer, deny anything that cannot be definitively proven at that time. The only things that can be definitively proven right now are that IBM is incorporated under the laws of the state of New York, with their principle place of business in Aromark, NY; and that they maket a variation of Unix known as AIX. Everything else is at best a biased recitation of selective parts of Unix history, and at worse an utterly baseless assertion. To admit something in an answer has all the legal force of proving it at trial.

    21. Re:I's like to know if... by Pogue+Mahone · · Score: 1, Funny
      Re: Gone With The Wind

      We turned off the M6 on to the M5, heading south towards Bristol. My wife asked me if I'd like to stop at the next services. I replied, "Frankley, my dear, I don't give a damn."

      A rather weak pun, and hopelessly offtopic, I know - but I've got points to burn. ;-)

      --
      Every bloody emperor has his hand up history's skirt [Peter Hammill/VdGG]
    22. Re:I's like to know if... by Anonymous Coward · · Score: 0

      Linux user here, no problem w/ the day pass deal.

    23. Re:I's like to know if... by Anonymous Coward · · Score: 0

      No. Lots of us aren't in the eight grade and up past our bedtime.

    24. Re:I's like to know if... by Anonymous Coward · · Score: 0

      You're a Windows customer too. You're just being all righteous as shit and stubborn, and refusing to reboot to Windows.

      Like a puppy who's gotten off his leash and feels so 'freeeee' I might add...

    25. Re:I's like to know if... by Farley+Mullet · · Score: 1

      Disclaimer: I'm drunk.

      I think what SCO is hoping for is for IBM to respond by buying SCO out, at a premium on current stock prices. But I think that IBM sees through that and is calling SCO's bluff. And just maybe, if the case ends up in court, and IBM actually looks like it might be in legal hot water, they may actually buy SCO. But not unless it's really necessary. IBM is a huge company, with a huge history -- they probably have an enormous amount of arcane intellectual property agreements, and it sets an ugly precedent for a company like SCO to be able to leverage a licensing dispute into a buyout, so I'd expect IBM to play hardball.

      So, bottom line, don't expect to hear much from IBM except for whatever lawyer-talk is for "I'll see you in court."

    26. Re:I's like to know if... by HoppQ · · Score: 1

      Your wife's name is Frankley?

      --
      My sig will be released in 2015 third quarter. Rating pending.
    27. Re:I's like to know if... by Anonymous Coward · · Score: 0

      The name of the service station. A bit obscure for those not living near Bartley Green.

    28. Re:I's like to know if... by Trusted+Content · · Score: 0

      That is quite possibly the most retarded post ever. You need to go back to GBS, stat.

      --
      OMG OMG LUNIX OMG
    29. Re:I's like to know if... by hplasm · · Score: 1

      IBM: "Anyone hear an annoying buzzing noise - like a gnat or something?"

      --
      ...and he grinned, like a fox eating shit out of a wire brush.
    30. Re:I's like to know if... by Simon+Brooke · · Score: 1
      As a Linux user (wanting to read a Linux article), I can't click through the Salon day-pass system. It's presented as a Flash(tm) file, version 4, and Macromedia's plugin only supports versions 5 and 6.

      Worked for me. Konqi 3.1.1

      --
      I'm old enough to remember when discussions on Slashdot were well informed.
    31. Re:I's like to know if... by Anonymous Coward · · Score: 0

      isn't this about the time when big blue shaves everyone's head and put's them in a room with a big tv? here they can be force fed propoganda until the hot chick runs in and saves them.

    32. Re:I's like to know if... by dapprman · · Score: 1

      Now this confuses me about SCOs accusations.

      SCO say IBM are suing some of their code in their Linux supplied machines (i.e. Linix contains SCO code (apparently to SCO)).

      SCO also say that IBM helped port some parts of AIX to Linux.

      Thus SCO are saying in their releases that AIX will be hit by their action ??!!?!

      Anyone else see a fundamental flaw in their press release ? Of course IBM feel very safe about AIX.

    33. Re:I's like to know if... by op51n · · Score: 1

      Perhaps they'll just go for:

      "Pick up the gun..."

    34. Re:I's like to know if... by guacamolefoo · · Score: 2, Informative

      [from the salon.com article you referenced]

      The filing is an almost comically terse list denying all but the most indisputable claims that SCO makes.

      Federal court uses what is called "notice" pleading. Basically, a plaintiff lays out its theories in the complaint, and the defendant denies them. The actual facts are fleshed out in discovery. Other jurisdictions require "fact" pleading, which mandates that you set forth the facts you will attempt to prove at trial in order to satisfy the elements of each count contained in your complaint.

      Of course IBM will deny everything that SCO puts in a "notice" pleading complaint. An SCO complaint in a "fact" pleading jurisdiction would likely have been much more involved and likely IBM would have had a different response.

      In federal court, you really can't look at the pleadings and make much of a judgment about what is going on. You need to have the inside scoop in discovery, such as viewing deposition transcripts.

      JNG

    35. Re:I's like to know if... by Anonymous Coward · · Score: 0

      "...take off and nuke the site from orbit. it's the only way to be sure."

    36. Re:I's like to know if... by cduffy · · Score: 1

      They're not suing IBM because of copyright violation in AIX, or anything of that sort. SCO are the folks who have the right to license an OS as an official UNIX. They sold IBM that license to AIX. They're threatening to revoke it unless IBM does what they want. Whether any code in AIX violates any agreement between SCO and IBM is thus arguably irrelevant.

    37. Re:I's like to know if... by bwt · · Score: 1

      n a nutshell, they aren't really taking it seriously - at least not in their initial response to SCO's allegations...

      No. Rest assured, they are taking it very seriously. IBM is WAY more disciplined than SCO and their army of lawyers will, at a time of their choosing, descend upon SCO with great fury. I would expect countersuits for unfair competition and probably copyright infringement of IBM's GPL'd kernel contributions, and I wouldn't be surprised if they lauch them in multiple jurisdictions simultaneously.

      On the merits, you have to remember that this is ultimately a trade secret claim in which the plaintiff ran a business republishing the secret under terms that on their face abandon trade secret claims. What SCO alleges IBM did is no worse that what SCO itself must admit it did itself.

    38. Re:I's like to know if... by Zathrus · · Score: 1

      As others have said, IBM is taking it quite seriously... and they're acting very wisely in their role of defendant. They're saying nothing, except to refute SCO's claims. IBM's lawyers know that every single press release on this case is admissable in court. So is every statement made by a corporate executive.

      SCO has been bursting at the seams to talk about the case... to some extent it's their role as the aggrieved party to do so, especially to garner media attention. But they're also making mistakes and claiming rights they don't have (such as owning "UNIX", having patents on the codebase, and claiming copyrights to the codebase which may be unenforceable). You can bet that IBM's lawyers will drag every single misstep into court to weaken SCO's case.

    39. Re:I's like to know if... by mec · · Score: 1

      An SCO complaint in a "fact" pleading jurisdiction would likely have been much more involved and likely IBM would have had a different response.

      Please take a few minutes and read SCO's original complaint.

      SCO Files Civil Lawsuit Against IBM in Utah State Court

      That's right. SCO filed in state court.

      IBM filed a snarky "Notice of Removal" which basically says "yo, morons, unlike you we are NOT a Delaware corporation, so try suing us in the right court, mmmkay? Diversity of jurisdiction and all that."

      It takes about five minutes to figure out what state IBM is incorporated in. It's at the front of Exhibit A, it's on their 10-K's, and so on. So either SCO did very poor legal preparation, or they intentionally filed in the wrong court for some mysterious reason.

      All these and more available at:

      SCO Lawsuit Documents

    40. Re:I's like to know if... by carlos_benj · · Score: 1

      A bit obscure for those not living near Bartley Green.

      And that would be most of us. Although the few people from your area seemed to have mod points. Excellent timing....

      --

      --

      As a matter of fact, I am a lawyer. But I play an actor on TV.

    41. Re:I's like to know if... by mwood · · Score: 1

      You've all missed: "...do you feel lucky?"

    42. Re:I's like to know if... by Zeriel · · Score: 1

      Bzzt! Wrong!

      The Open Group are the people who tell you if you're an official UNIX or not. SCO merely has (some of) the rights to the ancestral sources.

      --
      "America has done some terrible things. But I know that Americans don't cheer when innocents die." -Dave Barry
    43. Re:I's like to know if... by jedidiah · · Score: 1

      Or better yet: ...A Man's gotta know his limitations.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    44. Re:I's like to know if... by ArsonSmith · · Score: 1

      "You going to bark all day little doggie? or are you going to bite?"

      "You revoke our Unix licence in a dream, you better wake up and apalogize."

      or to buy out:
      "Do you see a sign in my front yard that says "Dead Unix storage?" You Don't cause it aint there."

      --
      Paying taxes to buy civilization is like paying a hooker to buy love.
    45. Re:I's like to know if... by duggy_92127 · · Score: 1
      SCO = Sarah Conner
      IBM = Terminator

      "You still don't get it, do you? He'll find her. That's what he does. That's all he does! You can't stop him! He'll wade through you, reach down her throat, and pull her fucking heart out!"
      "Listen! And understand! That terminator is out there. It can't be bargained with! It can't be reasoned with! It doesn't feel pity, or remorse, or fear. And it absolutely will not stop, ever, until you are dead!"

      Doug

    46. Re:I's like to know if... by steveg · · Score: 1

      When the pop-up dialog told me I had to download Flash I just clicked 'Cancel'. Dunno if there is a Flash plugin for Solaris anyway.

      I went on about my business until the MS ad did its HTML thing, whatever that might have been, then clicked on the "Enter the Salon Premium site" notice.

      Not much to it.

      --
      Ignorance killed the cat. Curiosity was framed.
    47. Re:I's like to know if... by cduffy · · Score: 1

      Err, yes, yer right -- oops.

      So what IBM has licensed via SCO is the right to make a UNIX derived from the ancestral code. In any event, losing that license -- should SCO be actually capable of revoking it -- would be rather a Bad Thing for IBM.

    48. Re:I's like to know if... by StealthBadger · · Score: 1

      I am here to chew bubble-gum and kick ass, and I'm all out of bubble-gum.

      Rowdy Roddy Piper, in "They Live"

      --
      Searching for Truth, Justice, and the Guy Who Boosted My Wallet a Few Weeks Back....
    49. Re:I's like to know if... by ces · · Score: 1

      Dunno if there is a Flash plugin for Solaris anyway.

      Yep there is a Solaris plugin. I've got Netscape 7 on my Solaris 9 box set up with flash, realaudio, and PDF support.

      --
      Happy Fun Ball is for external use only.
    50. Re:I's like to know if... by jcast · · Score: 1

      Assuming, of course, that there is still ancestral SysV code in AIX.

      --
      There are reasons why democracy does not work nearly as well as capitalism.
      -- David D. Friedman
    51. Re:I's like to know if... by guacamolefoo · · Score: 1

      That's right. SCO filed in state court.\

      Yoiks. They sure did. I did read the complaint already, but I could have sworn it was filed in federal court, partly because of the basic nature of the complaint. I obviously need some gingko or something.

      As far as whether Utah is fact or notice pleading, can't help there. In my state you see the distinction and it looked like the difference between fact and notice pleading to me, hence my thought that it was a federal case.

      either SCO did very poor legal preparation, or they intentionally filed in the wrong court

      Not the wrong court. Just one from which IBM is entitled to ask for removal to federal court. See below for more on this.

      IBM is probably smart to try to yank it into federal court -- the judges tend to be better than state court judges, plus IBM assuredly has a bang-up federal court team. They surely looked into the inclinations of the judges likely to get the case as well. The Utah lineup of state court judges may well be less than exemplary. Also, who the heck knows what Utah law is like as interpreted by state courts? Federal court interpretations can vary somewhat, although they are dealing with the same precedents and statutes, divergence does occur from time to time.

      So, SCO may have filed in Utah just because it was closer and cheaper. They did nothing wrong by doing it, and they probably expected a push by IBM for removal to federal court. IBM assuredly has a presence in Utah, and can be hailed into state court there. They surely have a corporate agent or office in Utah. It's not as though it is inapropriate to file suit in state court D against large company X which is headquartered in state B and incorporated in state C when you live and do business with them in State D.

      As far as IBM filing a "snarky "Notice of Removal" which basically says "yo, morons, unlike you we are NOT a Delaware corporation, so try suing us in the right court, mmmkay? Diversity of jurisdiction and all that."-type response instead of a detailed pleading, well, if you are going to be in federal court anyway, why show any cards now?

      IMHO, and IIAL, both parties have done the right thing the right way and smartly for themselves.

      GF.

  117. Dubya my ass - this is a Clinton-style shakedown by Anonymous Coward · · Score: 0

    Missing only overnight stays in the White House and illegal campaign contributions from Indonesian businessmen with connections to Chinese Communists.

  118. Google Bomb by muzza · · Score: 1
  119. LOL! Busted! by lee7guy · · Score: 1

    How low can you sink for some lousy mod points? :P

    --
    Ceterum censeo Microsoftem esse delendam
    1. Re:LOL! Busted! by Anonymous Coward · · Score: 0

      yeah, violating someone's IP :)

  120. Mod Parent Up! by beldraen · · Score: 2, Insightful

    I think this is a good point. It would be interesting if part of every license agreement companies demanded they get to put in a revoke code into the system. Any debate and then "boom," eveyone's systems shut down. Granted, is should be horrible PR, but given the 90's predilection for sacrifice of users for the almighty dollar..

    --
    Bel, the mostly sane.. "Of course I can't see anything! I'm standing on the shoulders of idiots." -- Me
    1. Re:Mod Parent Up! by Tony-A · · Score: 1

      Granted, is should be horrible PR, but ... that doesn't seem to be stopping SCO.

  121. Do they NEED the license by foo(foo(foo(bar))) · · Score: 3, Interesting

    Ok, so do they need the license and the trademark from 2 different sources?
    Aparently you ceritfy your OS and buy the rights for the trademark from the OpenGroup and then you also need a license from SCO...am I following this right?
    But SCO doesn't seem to be up in arms over unlicensed releases that are legitimatley derived from the unix source base (OS X).
    I just don't see how anyone has any legs to stand on when ther are at least 3 legitimate owners of unix property of some sort (Open Group, SCO, and Novell), plus all of Universities that received early licenses....
    Seems like it's time to public domain some stuff....

    1. Re:Do they NEED the license by zaren · · Score: 1

      But SCO doesn't seem to be up in arms over unlicensed releases that are legitimatley derived from the unix source base (OS X).

      Actually, they are up in arms - well, their land sharks are, at any rate.

      --
      Come to the University of Mars! Classes starting soon!
  122. *YAWN* by jpmahala · · Score: 1

    Need I say more?

  123. Cream pies in the Face! by refactored · · Score: 2, Funny
    That's the answer.

    Cream pie in the face.

    Oh that I'm on the far side of the world!

    Can someone puleeze, one for McBride and one for the lawyer?

    1. Re:Cream pies in the Face! by Anonymous Coward · · Score: 0

      Plate or crust? If crust, tin?

      And not one of those shaving foam copouts either!

    2. Re:Cream pies in the Face! by Anonymous Coward · · Score: 0

      one with a lead plate, delivered via a .357 magnum. I'm sure you can put some cream pie filling in a hollow point.

    3. Re:Cream pies in the Face! by refactored · · Score: 1

      Comic relief is needed. Shortcrust pastry and whipped cream.

  124. During the press conference.... by Caraig · · Score: 2, Funny

    Darl McBride during the press conference made repeated invectives against IBM, culminating with his announcement with, "And we will revoke their license if IBM does not pay us... one... MILLION... dollars!" He then put his pinky near his mouth and ran off clutching a big fluffy cat, screaming somthing about the 'SCO Death Star.'

    --
    "I am an Adept of Tantric VAX."
  125. The Wave by the+eric+conspiracy · · Score: 2, Funny

    Close examination of the giant black wave that was observed breaking over SCO headquarters Friday revealed that it was made up of billions of lawyers.

  126. Just Curious by Anonymous Coward · · Score: 1, Interesting

    There has been talk about SCO trying to use their code in Linux as a means of getting royalties from Linux users. That and the fact that by pointing out the offending code/comments they would be annoucing what part is their IP.
    However, whould not doing so place them in violation of the GPL by way of their previous distribution of the kernel and OS package (distro)? [by the linking/ inclusion of copyright and copyleft code]

  127. here's an expanded list: by narfbot · · Score: 1

    Just how many organistations are involved and how ?

    SCO/Caldera

    IBM

    Novell (...replacing your Corel?)

    AT&T

    Linux & Linus Torvalds

    SCO

    BSD

    The Open Group

    Microsoft (In any way you take it, they are involved)

    And others that have been threatened, but yet to be involved in any other action:

    SuSE

    Red Hat

    1. Re:here's an expanded list: by EpsCylonB · · Score: 1

      I though Caldera was somehting to do with Corel ?

    2. Re:here's an expanded list: by narfbot · · Score: 1

      hmmm... Caldera, Corel, and Novell are all related somehow, but I don't think Corel has anything to do with Unix -- That's Novell.

    3. Re:here's an expanded list: by shane_rimmer · · Score: 1

      While Corel has been a spectacularly mismanaged company, it has nothing to do with Caldera nor SCO.

    4. Re:here's an expanded list: by nexex · · Score: 1

      Canopy Group, Owner of SCO: http://www.canopy.com/

      --
      Winter 2010: With Glowing Hearts
    5. Re:here's an expanded list: by mj01nir · · Score: 2, Informative

      Novell bought WordPerfect (the company, not just the product) and later sold the WordPerfect desktop apps to Corel.

      Caldera was (is?) funded by The Canopy Group, which was founded by Ray Noorda, a former Novell CEO. Caldera purchased the Santa Cruz Operation, owners of some bits of UNIX (exactly which bits is a matter of some debate). FWIW, Caldera has now officially changed its name to The SCO Group.

      Clear as mud?

      --
      the no .sig .sig
    6. Re:here's an expanded list: by phoenix_rizzen · · Score: 1

      Corel bought WordPerfect from Novell.
      SCO bought UnixWare from Novell.
      Caldera bought SCO.

      Corel marketed a Linux distro based on Debian, but sold that off to somebody with a wierd name (Xandros or something like that).

      Caldera used to market a Linux distro.

      SCO has a version of Unix, and has discontinued their Linux distro.

      I think that covers the relationships between those three. Confuseled yet??

    7. Re:here's an expanded list: by cdrudge · · Score: 1

      Caldera didn't officially change their name legally I believe. Many of their documents (such as new licenses and legal disclaimers still say Caldera d.b.a. The SCO Group.

    8. Re:here's an expanded list: by mj01nir · · Score: 1

      http://ir.sco.com/ReleaseDetail.cfm?ReleaseID=1095 07

      I suppose they could still be d/b/a, but it looks like they really are "The SCO Group" now.

      --
      the no .sig .sig
    9. Re:here's an expanded list: by cdrudge · · Score: 1

      You are correct. They have offically change their name...or at least have changed their name enough to use SCO Group on their SEC filings.

  128. Re:News for Nerds: IBM can take care of themselves by josepha48 · · Score: 1

    I'd have to agree. I also think that while SCO was under Caldera and the former owner / pres, the code from Linux made its way into SCO. IBM probably knows this and it is figuring out the best way to tell SCO to f*** off and die. In legal terms I think it would, "Make like a dot-com and bust, SCO!"

    --

    Only 'flamers' flame!
    Does slashdot hate my posts?

  129. what "world of AIX"? by dh003i · · Score: 1

    A big bwuhahahahaha to SCO yet again. Firstly, what world of AIX?

    Secondly, users can rightfully claim the right to use anything they paid for. SCO's welcomed to deny that user's can't use what they paid for -- but that destroys the entire hypocritical basis of copyright.

  130. Alan Rickman or Gary Oldman? by leftie · · Score: 0

    I can see either Rickman from Robin Hood yelling this. I can also see Gary Oldman doing this like he played his role in The Fifth Element. Hmmm...

  131. I need to win the lottery by davmoo · · Score: 1

    Its times like this I wish I had enough money to blow some on little things like an AIX license real quick from IBM, just so I could tell SCO to go piss up a rope.

    --
    I want a new quote. One that won't spill. One that don't cost too much. Or come in a pill.
  132. why yes... by zogger · · Score: 1

    ..yes I do,. IBMs response has been thusly:

    "say whut? whut you talking bout, willis?"

    then it got to:

    "neener, neener"

    then:

    "you want some of this? Let's rock!"

    to now it's:

    "``````"

  133. SCO Spokesperson - Jason by Anonymous Coward · · Score: 0

    This just in: Jason, best known for his roles in the Friday The 13th Series of movies, is said to be warming up his chainsaw and polishing his face mask in preparation for the deadline...

    IBM is mine *buwahahahahahahah* said Jason when asked how he felt about the entire affair...

    Stay tuned for more information as the 'plot' thickens...

    1. Re:SCO Spokesperson - Jason by mink · · Score: 1

      According to the Historical Records, Jason uses a Machete.

      --
      Well I've wrestled with reality for thirty five years doctor, and I'm happy to say I finally won out over it.
  134. This truth has not been entirely visible by Anonymous Coward · · Score: 1, Interesting
    From the "Backgrounder":

    The Open Group is the owner of the UNIX trademark which it holds on behalf of the industry. This truth has not been entirely visible in the media...

    Isn't that visibility exactly what is required to maintain trademark ownership?

  135. Or in other words... by Anonymous Coward · · Score: 0

    Did they attempt to quietly extort money from IBM before trying to do so publically? If you were being ordered by a mugger to hand over your valuables, his being polite about it wouldn't appreciably change your feelings about the situation.

    So, I see your point, but really who cares? Maybe they did and IBM told them to go fuck themselves; maybe they thought, "IBM's going to kill us - they own so much intellectual property you probably can't swing a dead cat without violating one of their patents. Let's not give them warning and maybe they won't destroy us before our story goes public."

    Either way, IBM's gonna wreck them. They can pull patents out of their ass, they can't really have done anything themselves like copying code into Linux, and SCO themselves continued to distrbute Linux AFTER filing the lawsuit. That last point alone, the unclean hands (nasty), will ensure that if they win (big IF), they can't recoup any damages. And that's gonna be a phyrric for them, probably leaving the company as little more than a cheap novelty puchase for someone.

    Personally, I hope one of the terms of the ruling is for the current executive staff and board of SCO to spend 23 hours a day for the rest of their lives, buried up to their necks in raw sewage. They get an hour to hose off and take a walk; don't want to be cruel about it.

    1. Re:Or in other words... by Anonymous Coward · · Score: 0

      Did they attempt to quietly extort money from IBM before trying to do so publically? If you were being ordered by a mugger to hand over your valuables, his being polite about it wouldn't appreciably change your feelings about the situation.

      If they truly felt they had a strong case, they could have quietly gone to IBM and explained the situation. IBM treats intellectual property very seriously. At worst, IBM would have pulled a few patents out of their portfolio and negotiated something. At best, IBM could've bought'em out. As it was, SCO decided to go nuclear from day one.

  136. SCO or Disney? by Anonymous Coward · · Score: 0

    I'm getting tired of that damn mickey mouse SCO disney logo.

  137. Is that air you're breathing now? by SpiffyMarc · · Score: 1

    Dah dah DAH...

  138. A noteable aside.... by lysium · · Score: 5, Insightful
    From the article:
    SCO also won a license from Microsoft, which agreed to pay SCO to ensure that it would not violate intellectual property rights when developing software that works with Unix. But Microsoft's move was widely seen as an attempt to lend weight to SCO's attack on Linux, which Microsoft views as a threat to its Windows franchise.

    This rather strong anti-Microsoft comment is coming off Reuters. Not Slashdot. This tells me that, despite what the Windows apologists may say, the public view of Microsoft closely mirrors some of the more cynical posts here. Such widely-held disdain spells doom for a corporation. Cash reserves and ruthless schemes will only go so far against it....

    -----------

    --
    Together, we will drive the rats from the tundra.
    1. Re:A noteable aside.... by Anonymous Coward · · Score: 0

      I think it's only a minority out there who are aware of Microsoft's actions. The problem with them being a monopoly is that it makes it very difficult to dislodge them. It's a little like trying to get rid of a tree in your yard. The roots run deep and sawing the thing down is delicate work to avoid damaging other things around it such as the house, power lines, fence, etc. Mind you, this is one tree I'd certainly like to see gone.

    2. Re:A noteable aside.... by guanxi · · Score: 1

      Such widely-held disdain spells doom for a corporation.

      Has a corporation ever been put out of business by public disdain? I can't think of one.

      It probably costs them some money, but it's not their doom.

    3. Re:A noteable aside.... by afidel · · Score: 1

      IBM in the 80's was held with a similar amount of disdain, as are most telco companies. None of them are going out of business any time soon. Large piles of cash and assets will last for a hell of a long time and assuming the company is not completely mismanaged it will come back. Now if you are never able to shake such an image you may have a problem as the folks who sign contracts are afterall human beings and their biases will show through but it would take a large amount of negative bias for it to become a significant barrier to doing business. Then again I think a lot of linux wins over the last couple of years are won precisly because people are tired of doing business with a vendor who they dislike so it may already be affecting Microsoft in a material way, though obviously not in a dire economic one.

      --
      There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
    4. Re:A noteable aside.... by lysium · · Score: 1
      In the case of IBM,they were trying enough new things (I recall the Thinkpad being a real saviour for them) and trying them well that they were forgiven for earlier "crimes." In addition, IBM's more....aggressive business practices were reigned in by lawsuits, and judges.

      The same will probably happen with Microsoft -- but not before there is a shift in corporate culture. The business decisions being made are less about constructing an excellent product and more about making money around (for lack of a better term) products.

      But you see my point. The fact that the jouranlist and possibily editor ok'ed the jab at Microsoft is because they, like many other people who make/influence decisions, are tired of playing the monopolists game. And that will have a negative effect of some sort. So it may not be true doom for Microsoft that I speak of, but rather the mode that it operates in now.

      ------------

      --
      Together, we will drive the rats from the tundra.
    5. Re:A noteable aside.... by bilbobuggins · · Score: 1
      Such widely-held disdain spells doom for a corporation. Cash reserves and ruthless schemes will only go so far against it....

      sorry

      people have widespread disdain for Con Edison, Verizon and the McDonald's

      none of them are going anywhere soon

    6. Re:A noteable aside.... by alexo · · Score: 1

      > Such widely-held disdain spells doom for a corporation.

      I'm sure they quake in their boots...

  139. Funny how they pick on AIX by mferrare · · Score: 1

    Everybody knows AIX aIn't uniX

    --
    Why would anyone want to use a text editor that is not vi?
    1. Re:Funny how they pick on AIX by Anonymous Coward · · Score: 0

      Aix aInt ur *niX

  140. Window is free! by Anonymous Coward · · Score: 0

    "Linux, unlike proprietary versions of Unix and Microsoft Corp.'s MSFT.O Windows programs, is a version of Unix that can be copied and modified freely."

  141. OH GOD NO by Bowie+J.+Poag · · Score: 2, Funny


    Hahhaa..Okay, you're a CIO. Pick your response:

    "Wow, okay, looks like we'll have to migrate our entire enterprise away from AIX as soon as possible!!"

    -or-

    "Bahahahahaha, OMG SCO is so fucking gay."

    --
    Bowie J. Poag

    1. Re:OH GOD NO by Anonymous Coward · · Score: 0

      A good CIO would simply ask IBM for an official denial, file it and go on.

      I do this with vendors all the time, "There is a rumor on slashdot that your product grows hairy spider legs and attacks small children. Can you please send me an official denial."

    2. Re:OH GOD NO by Bowie+J.+Poag · · Score: 1

      No kiddin.

      Wanna know whats even funnier? IBM is a fucking sponsor of The Open Group. And the Open Group is suing them.

      Talk about biting the hand that feeds you..Sheesh.

      --
      Bowie J. Poag

    3. Re:OH GOD NO by Anonymous Coward · · Score: 0

      Don't you mean WAS a fucking sponsor?

    4. Re:OH GOD NO by Anonymous Coward · · Score: 0

      If you were a CIO, you'd be best to do something other than laugh.

      Come on. College students are being forced to pay their life savings on much sillier copyright infringement cases...you don't think that there's a possibility that companies using AIX if IBM (supposedly) loses it's Unix licensing ability won't be sued ?

      The vast majority of AIX users are in the financial industry, and have plenty of money.

      And if you're the CIO of a company using AIX, you might not be rushing out to migrate on Saturday morning, but I can bet that any investors in your company would not be happy to hear you laugh it off. It's a silly, dumb, and pathetic court case, yes, but it *is* a court case.

    5. Re:OH GOD NO by Bowie+J.+Poag · · Score: 1

      Bahahahahah, good point..

      --
      Bowie J. Poag

  142. revoke systems for $$ demands == Great PR by Frobnicator · · Score: 2, Interesting
    Granted, is should be horrible PR, but given the 90's predilection for sacrifice of users for the almighty dollar...
    All it would take is *one* company using DRM to start disabling their OS remotely.

    The Open Source and Free Software folks could all say "You have our code, you can see that it has no DRM in it. You don't need to worry about your system being disabled remotely."

    That's great PR for us.

    frob

    --
    //TODO: Think of witty sig statement
  143. Why Not? by nightterror · · Score: 1

    Why hasn't anyone talked about the current SCO license some of us have? This whole mess makes me want to rid myself of every SCO license my employer has. (Yes that is my call.) What is going to stop SCO from coming after some of its older customers and forcing them to upgrade? Once a bully is successfull they get worse and worse. Goodbye SCO, I hope your stock goes to a 52 week low of $0 as a result of this attempt.

    --
    Photons have mass!!?? I didn't even know they were Catholic...
    1. Re:Why Not? by Znork · · Score: 1

      Heck, where I work we junked SCO years ago. And no, it didnt get replaced by Linux, it got replaced by pretty much anything that could conceivably run the applications. Nobody wanted to admin it, nobody wanted to be responsible for supporting it and nobody really wanted to use it if there were alternatives.

      This mess is just yet another reason to dump SCO.

  144. What exactly are they going to do? by autopr0n · · Score: 1

    SCO dosn't own a trademark on the name UNIX. SCO dosn't own patents on POSIX or any of the other standards. What exactly does this license allow? What will IBM need to stop doing?

    Even if SCO could legaly stop IBM from selling AIX (which I doubt) people who had already purchaced AIX licenses would not be affected

    --
    autopr0n is like, down and stuff.
  145. A clear message. by pergamon · · Score: 5, Funny

    At 11:30PM on Friday the CEO of IBM should fax SCO a Xerox of his butt. That seems an appropriate response.

    1. Re:A clear message. by jpetts · · Score: 1

      At 11:30PM on Friday the CEO of IBM should fax SCO a Xerox of his butt. That seems an appropriate response.

      Ahem. Xerox (r) is registered trademark of the Xerox Corporation. Please prepare to be boarded by 40,000 attack lawyers unless you provide $67.843 x 10^325 to the Xerox Corporation in the next 34 femtoseconds. Thank you.

      --
      Call me old fashioned, but I like a dump to be as memorable as it is devastating - Bender
    2. Re:A clear message. by Ex+Machina · · Score: 1

      Don't you mean a *erox of his butt?

    3. Re:A clear message. by Leimy · · Score: 1

      At 11:30PM on Friday the CEO of IBM should fax SCO a Xerox of his butt. That seems an appropriate response.

      With a post-it on it saying "apply lips here".

  146. Surely an attempt to... by SamBC · · Score: 2, Insightful

    Confuse the meaning of the word 'Unix'. Everything I have read on this topic - the OSI position paper, extracts of the original SCO suit, and all the SCO PR makes it sound like SCO are claiming that anything unix derives ultimately from their IP. Would there be any validity to that? I doubt it, personally.

    This will obviously come and bite them in the backside before too long

  147. Who does SCO think they are? by RealBeanDip · · Score: 4, Funny

    IBM?

    --

    You know you're a geek if you've ever replied to a tagline.

    1. Re:Who does SCO think they are? by MonopolyNews · · Score: 1

      > You know you're a geek if you've ever replied to a tagline.

      no--- I don't think so. But besides, I never would.

      --

      Slashdot Journal on Monopoly News
  148. Shares at 60¢ up to $8 by Anonymous Coward · · Score: 1, Insightful

    Actually I think the whole thing was done
    to beef up the shares so they can make
    a huge profit and then either sell off or
    file for bankrupty after draining most of the
    money out of the company before the shares
    start going down the toilet.

    1. Re:Shares at 60¢ up to $8 by straybullets · · Score: 1
      yep,
      this is valid.
      nyse says so too.

      a bunch of pathetic money eating bastards.

      --
      With that aggravating beauty, Lulu Walls.
    2. Re:Shares at 60¢ up to $8 by Anonymous Coward · · Score: 0

      Don't
      hit
      enter
      in
      the
      text
      box.
      It
      will
      automagically
      return
      for
      you.

  149. Nah by cscx · · Score: 0, Offtopic

    If it were April 1st, Slashdot would post the article, like, 8 times or so. Not that such a thing wouldn't happen under normal circumstances anyway.

    1. Re:Nah by kubrick · · Score: 3, Funny

      Interestingly, when I tried to copy&paste your comment, I got this error message:

      This exact comment has already been posted. Try to be more original...

      If only the editors received such feedback. :(

      --
      deus does not exist but if he does
    2. Re:Nah by Anonymous Coward · · Score: 0

      Bravo. How long have you been waiting to use that joke?

    3. Re:Nah by Glytch · · Score: 1

      Actually, I hear that the code that SCO's really irritated about handles processing of Evil Bits.

    4. Re:Nah by kubrick · · Score: 2, Funny

      Given the frequency of editorial reposts on Slashdot, I wouldn't have had to wait very long, would I?

      --
      deus does not exist but if he does
    5. Re:Nah by Anonymous Coward · · Score: 0

      Nice. :-)

  150. I do believe there is a word for this by antis0c · · Score: 3, Interesting

    Its called Extortion. If they do this, they're going to screw themselves in the ass in the long term. They've already filed suit against IBM, they can't start making demands like this ahead of the suit. They can't just revoke the contract for no reason either, and even if they claim it's because they violated the contract, they've yet to offer proof!

    I don't know who they think they are, but they're an ant to IBM. If they pissed off IBM enough, IBM is gonna squash them. Hey, maybe that what will happen.

    --

    ..There's a-dooin's a-transpirin'
  151. The saga continues by oaf357 · · Score: 3, Insightful
    Another fine entry for today's SCO vs. IBM vs. [INSERT YOUR NAME HERE] legal ramblings.

    This seems a little like that kid in school that was always getting picked on and finally lashed out and did something really stupid then got his ass beat.

    Hopefully, IBM will realize that SCO can't do anything but sit and fire off more lawsuits and will let SCO dig itself into so much legal debt that IBM will end up buying the UNIX IP (on the cheap) and letting SCO rot into nothing.

    It is rather interesting that, of all days, SCO has chosen Friday (the 13th). Are they hoping someone at IBM actually cares? No, they are trying to get our attention. They're doing a good job of that, that and making an ass of themselves in the process.

  152. A buy out by GPTurismo · · Score: 1

    Is it me or are they begging for a buy out? A billion dollar lawsuit or a billion dollars for an out of steam company? United Linux: SuSE, Conectiva, Turbolinux and.... IBM?

  153. givin' a shout out by Anonymous Coward · · Score: 1, Insightful


    a big "fuck you" to SCO on behalf of those people in the open source community that hereby vow to boycott you as long as you are a company.

    1. Re:givin' a shout out by Anonymous Coward · · Score: 0

      Even better, do it using SCO linux.
      Or AIX.

  154. SCOoby-Doo's FiaSCO by e**(i+pi)-1 · · Score: 1

    SCOby-doo Be afraid. Be kind of afread!

  155. prove it! by SHEENmaster · · Score: 2, Interesting

    IIRC, Winshit (allegedly?) uses a network stack copied from BSD. BSD is an often-theorized alternative source for the "stolen" code, and this could make M$ just as liable.

    Then again, I susped M$ has resulted to just plain stealing much of the code in windows.

    If I request the windows source code, does the NDA prohibit me from ratting out such stolen code? Can an NDA legally prevent you from calling attention to illegal actions of another?

    --
    You can't judge a book by the way it wears its hair.
    1. Re:prove it! by Anonymous Coward · · Score: 0

      Stop talking to youself. It's creepy.

    2. Re:prove it! by Quarters · · Score: 1
      IIRC, Winshit(sic) (allegedly?) uses a network stack copied from BSD. BSD is an often-theorized alternative source for the "stolen" code, and this could make M$ just as liable.

      Completely wrong for two reasons:
      1) Chances are high that the offending code is not a network stack
      2) Microsoft just purchased a license for UnixWare from SCO. We don't know the details of that licensing agreement. For all we know, if M$ has any of this (supposed) stolen code in Windows they may have just paid SCO off for the rights to use it.

      Then again, I susped(sic) M$(sic) has resulted(sic) to just plain stealing much of the code in windows(sic)

      And your allegation is based on what, exactly?

      If I request the windows(sic) source code, does the NDA prohibit me from ratting out such stolen code?

      Would you even understand what you were looking at?

    3. Re:prove it! by Anonymous Coward · · Score: 0

      retard, the code is there for the taking.

      If you read the license faq it says "we don't care if you use this code to make the next baby killing machine" or something to that nature.

      It was immoral what microsoft did (anyone who has a brain and the ability to grep has already proven to themselves they did it), but it is not illegal.

    4. Re:prove it! by HoldmyCauls · · Score: 1

      Your homework for the weekend: a ten-page report on the unsettling feeling you had while watching your rented copy of "The Insider"

      --
      Emacs: for people who just never know when to :q!
    5. Re:prove it! by Anonymous Coward · · Score: 0
      Then again, I susped M$ has resulted to just plain stealing much of the code in windows.

      Say it with me: resorted.

    6. Re:prove it! by SHEENmaster · · Score: 1

      Would you even understand what you were looking at?

      I don't know, win51.bas is reportedly quite a lot to read through.



      (That was a joke.)

      --
      You can't judge a book by the way it wears its hair.
    7. Re:prove it! by scrytch · · Score: 1

      > IIRC, Winshit (allegedly?) uses a network stack copied from BSD. BSD is an often-theorized alternative source for the "stolen" code, and this could make M$ just as liable.

      Yes, allegedly. So substantiate it. All I see so far is that they ported some BSD userland programs like ftp, and that they used BSD header files in their BSD socket API implementation. This hardly constitutes copying the stack.

      Does it kill you to say "Windows" BTW? I mean, really.

      --
      I've finally had it: until slashdot gets article moderation, I am not coming back.
    8. Re:prove it! by theonetruekeebler · · Score: 1
      Have you read a BSD license agreement? Here's what is says:

      "Here ya go."

      Now if MS were appropriating GPL code, maybe we'd have something to talk about.

      --
      This is not my sandwich.
  156. businesses don't do business this way by Anonymous Coward · · Score: 0

    If I worked at SCO, I'd be scared for my
    own personal safety at this point!!

  157. ¡¿Mutant Bass?! by Tiro · · Score: 1
    But SCO has a pool full of deadly mutant bass.
    Are you talking about the executives or the board of trustees?

  158. Does SCO know what it's doing? by Usagi_yo · · Score: 4, Insightful
    This is too funny. SCO does not know what it is doing. Here I'm going assume my hat as "barracks lawyer".

    1. It is not SCO that is going to determine the pace of this case. Upon trying to unilateraly cancel IBM's license a judge will step in and maintain the "status quo" until the dispute is settled.

    2. If you bought AIX prior to SCO's accusations, then you still have a valid license. SCO cannot retroactivly cancell prior licenses on it's own whim. Can you imagine the havok that would cause in the business world as a whole if it were so? Can you imagine Novell announcing tomorrow that they are cancelling whatever agreement they had with SCO?

    3. The mere fact that SCO is dragging IBM customers into this tells me that this is more a political manuever then a valid legal manuever. They are trying to get IBM customers to pressure IBM to resolve this fast, and fast means caving to SCO.

    4. SCO has yet to prove harm. 80 lines of code copied exactly word for word, punctuation for punctuation means nothing without harm. The actual code has to do something particular that is germain to SCO and that the loss (or unlawfull distribution) has harmed SCO.

    5. So not only does SCO have to reveal the offending code, it has to say when it discovered it and when it notified IBM and prove what type of harm was done. I find that hard to believe that 80 lines of code out of a code base of a million plus lines is going to fly just on its own.

    6. There is no doubt that IBM is insured for all errors and ommissions on their part, that will protect their customers. As long as everybody was acting in good faith ... IBM believed they were in compliance, the Customers believed they were in compliance, the only damages that SCO will be entitled to are actual damages.

    7. Actual damages will be a whole 'nother lawsuit and court proceedings. Probably take years to sort this out. But then, who doubts this is SCO's intent. To hold LINUX hostage for years.

    8. If it turns out that SCO discovered this a while ago, and didn't immediately notify IBM, they themselves may have given up alot of rights in the remedy. I.E You just can't discover it and hold back a few years, then come forward and try and correct or remedy it.

    Predictions ... When IBM makes its legal move, watch how fast SCO shuts up (gag order, restraining order. If IBM sees no need to capitulate, they will slap SCO silly with gag orders and restraining orders enjoining them from frightening IBM's customers.

    I have a feeling it's not going to be pretty for SCO

    1. Re:Does SCO know what it's doing? by Anonymous Coward · · Score: 0

      2. If you bought AIX prior to SCO's accusations, then you still have a valid license. SCO cannot retroactivly cancell prior licenses on it's own whim.

      It can't cancel IBM's licenses. But they are claiming that IBM's customers are infringing on SCO's IP, which IBM has not got the right to distribute (this is according to SCO, of course). So it's perfectly legal to state that AIX users have not got a license for particular parts of SCO's IP, and, as such, have not got a license to run the derivative work AIX.

      4. SCO has yet to prove harm.

      You don't have to until you go to court. Even then, damages don't come into it if you only go for statutory damages.

    2. Re:Does SCO know what it's doing? by Anonymous Coward · · Score: 0

      holy shit that was insightful

    3. Re:Does SCO know what it's doing? by Anonymous Coward · · Score: 0
      The actual code has to do something particular that is germain to SCO
      It's spelled germane.
  159. No No No.. Its like this.... by acomj · · Score: 0, Offtopic
  160. Iraqi Information Minister by Kaenneth · · Score: 1, Funny

    I guess we now know what happend to him.

  161. And D'ohl McBride's foes are the guys... by leonbrooks · · Score: 1

    ...and gals he's previously worked with. Go and read some of the AC posts from employees of the companies that D'ohl has previously tra^H^H^Hmanaged. Sobering stuff.

    --
    Got time? Spend some of it coding or testing
  162. Re:Tear them a new one? by Un+pobre+guey · · Score: 1
    Tear SCO a what?

    They're already assholes.

  163. Ob RS/6000 Joke (was Re:Wendys revival) by jpetts · · Score: 1

    WHERE'S THE BEEF

    Where's the DEADBEEF (see http://www.deadbeef.com/ for more details...)

    --
    Call me old fashioned, but I like a dump to be as memorable as it is devastating - Bender
    1. Re:Ob RS/6000 Joke (was Re:Wendys revival) by Anonymous Coward · · Score: 0

      Also available on your DishNet/ExpressVu IRD.

      2700: Menu - 6 - 3 - Info - Browse - Theme.

      Although that was done for other reasons...

  164. It's pronounced D'ohl... by leonbrooks · · Score: 1

    ...and his parents evidently knew what they were doing when they named him. Either that, or he took offence at it and has been working out his anger on the world ever since.

    --
    Got time? Spend some of it coding or testing
  165. Boil, boil, toil and trouble ... by twitter · · Score: 1
    stir it up and make it double.

    What does Mr. Boiles have to say about any of this stupid stuff? All I've seen is moronic comments from McBitch and friends. They are paying Boils for advice, no?

    --

    Friends don't help friends install M$ junk.

    1. Re:Boil, boil, toil and trouble ... by dmaxwell · · Score: 1

      Assuming Boies is still on this case, I can only picture him beating his head on his desk every time McBride and Sontag flap their gaping holes. Civil or criminal, the advice from a lawyer is always the same: Shut up and don't say anything unless I tell you to. Boies will say very little until he is at a settlement table or a courtroom. I'm sure IBM will have alot to say then.

      Say, has anyone else heard about Poland? It's very similar to Germany. They have to produce their proof or shut up.

    2. Re:Boil, boil, toil and trouble ... by dipipanone · · Score: 1

      Damn, I just can't resist it.

      I believe you meant to write:
      every time McBride and Sontag flap their gaping holes

  166. From the movie... by leonbrooks · · Score: 1

    Top Secret, where the Nazi dude picks up the big stamp which reads "Find them and kill them."

    --
    Got time? Spend some of it coding or testing
    1. Re:From the movie... by sprag · · Score: 1

      My best friend bought me a rubber stamp with that on it...its come in handy several times already :)

  167. Settlement offer. by twitter · · Score: 4, Funny
    IBM to McBitch: You and me go out back. You sell your stocks, give us all money, we kick you in the balls and call it even, OK? That way we don't waste a lot of time and you save youself a lot more embarassment.

    McBitch: Gulp.

    --

    Friends don't help friends install M$ junk.

    1. Re:Settlement offer. by TwistedKestrel · · Score: 1

      I never, ever have mod points when I need them. Mod parent up!

  168. They aren't trying to scare IBM... by aaarrrgggh · · Score: 1

    ...they are trying to scare their users! Only from that angle can they exert any pressure on IBM.

    1. Re:They aren't trying to scare IBM... by Tony-A · · Score: 1

      Regardless of any possible merits to SCO's allegations, IBM is a pretty big giant to be behind. Methinks if any users have cause to be scared, it's SCO's users.

    2. Re:They aren't trying to scare IBM... by ecc0 · · Score: 1

      SCO has users?

    3. Re:They aren't trying to scare IBM... by ccp · · Score: 1

      Yes, the two of them!

  169. Dear SCO by hobsonchoice · · Score: 2, Interesting

    Not a lawyer, but I don't understand why people simply don't ask SCO if they are at risk of litigation by making new purchases of whatever.

    1. If SCO replies you are at no risk, then presumably you are in the clear (at least can use their reply in court if SCO later turn round and do sue you).

    2. If SCO doesn't reply, then presumably this will help limit any damage claims if they do sue you. You did the due diligence (especially if you send a couple of follow-ups and still don't get replies - keep good records!) - and it's at least partially their fault they didn't advise you.

    3. If SCO reply yes they might sue you, then of course you want to talk to all vendors [and presumably their lawyers] affected - which includes hardware/database/applications/etc that you couldn't purchase, because of "uncertainty" about the OS platform. You might get indemnified by the vendor, and/or the vendor(s) may even take legal action against SCO especially if they see a lot of customers concerned about these issues.

    Would a letter like this do?

    Dear SCO,

    Our company is considering purchasing a number of Dell/IBM/Other-Vendor computer systems with RedHat-Linux/Suse-Linux/AIX/Other-OS. We also expect to purchase application software to run on these platforms such as Oracle/SAP/Peoplesoft/DB2/Other-Product.

    In view of the amount of press coverage regarding SCO's IP claims on UNIX and Linux, we would be interested in hearing whether, by proceeding with such purchases, we would be potentially risking litigation by SCO.

    1. Re:Dear SCO by Anonymous Coward · · Score: 0

      Maybe it is better to say you want to buy the right to use Linux from them, and would like to know how much it will cost?

    2. Re:Dear SCO by hobsonchoice · · Score: 2, Insightful

      Yes you could just ask about Linux. But then if SCO say you'd have to pay them even if you buy Linux from somebody else, then it's own Linux vendors who'll be annoyed and might take action. The advantage of involving other products (applications, hardware, etc.) is if you don't purchase them because of related SCO fears about the underlying OS, then Dell, or Oracle or whoever legal teams might start to take more of an interest in SCO's activities.

  170. Open a can of whup-ass... by danb35 · · Score: 2, Funny

    Y'know, this whole story reminds me of a quote in somebody's sig over on K5. IIRC, it was attributed to thurler, and goes something like this: "It seems to me that you're willfully entering into an arse-kicking contest against a monstrous entity with sixteen legs and no arse." Perhaps SCO should be told...

  171. ok, it was obvious by Anonymous Coward · · Score: 0

    A SCOan. Jeez, I gotta do all the thinking for everyone.

  172. but they WON'T be unlicensed! by Artifex · · Score: 5, Informative
    Come Friday, everybody will be happily running unlicensed copies of AIX in the knowledge that IT WON'T MAKE ANY DIFFERENCE


    Except that licenses prior to this threatened expiration are still valid. SCO is really telling a bald-faced lie when it claims that it can de-license people who already have licenses.
    --
    Get off my launchpad!
  173. Microsoft late again. by twitter · · Score: 1

    This was supposed to happen back in October, but Microsoft missed their deadline again. The ultimatum was supposed to be, "You have until the 31st or all your Unix are belong to US."

    --

    Friends don't help friends install M$ junk.

  174. why now? by werdnagreb · · Score: 1

    Why did SCO choose to state the threat now? IBM has been touting Linux for years. What's changed to make SCO suddenly accuse IBM of wrongdoing?

  175. Court TV by Anonymous Coward · · Score: 0

    Is there anyone else who wants this trial to be available on Court TV? Heck, I'd even settle for PPView (Beer, chips, party at my place and you're all invited). We could Tivo it and replay the exact moment where the s##t hits the fan for SCO, over and over and over.

    On another note, I would hate to be a lowlie techie working for SCO right now. Imagine all of your peers making fun of you, and not being able to tell people where you work (without being spat at). I'd probably just up and quit. It isn't like SCO actually makes anything anymore.

    Thank you for your time,
    Frank Russo

  176. More and more like Jimmy Swaggert by Anonymous Coward · · Score: 0
    You know, "Send me 7 million dollars or God's gonna kill me!"

    If Darl did that now he probably wouldn't be able to afford one crappy Taco Bell taco for a last meal.

  177. Midnight on Friday? by Anonymous Coward · · Score: 0

    Anyone who'd use language like that shouldn't be trusted within a cubic micrometer of a computer. He must tell time by his VCR. What does he mean "midnight on Friday?" Reminds me of the old song, "When It's Midnight in Itely, It's Tuesday Over Here."

  178. I feel bad for SCO employees by Infonaut · · Score: 3, Insightful
    Their management is obviously intent on running a once proud company into the ground. One thing nobody seems to talk about is the state of SCO employee morale during all of this chicanery. It's one thing to lose your job to average, run-of-the mill dot-bomb management stupidity, but SCO used to "get it."

    I hope that the criminal stupidity of SCO management doesn't result in out of work SCO employees, but I strongly suspect that sooner or later the pigeons will come to roost, and guess who will get shit on?

    --
    Read the EFF's Fair Use FAQ
    1. Re:I feel bad for SCO employees by Anonymous Coward · · Score: 0

      what are you smoking? this is Caldera!

      I bet the SCO employees got screwed ages ago.

  179. How considerate of them by compwiz · · Score: 1

    SCO also won a license from Microsoft, which agreed to pay SCO to ensure that it would not violate intellectual property rights when developing software that works with Unix.

    Wow, I'm really glad Microsoft paid appropriate royalties to a company to prevent themselves from *gasp* violating IP rights. God forbid they should do anything illegal!

    "Microsoft - because we care about other businesses."

  180. Welcome to the Litigarchy by aelfwyne · · Score: 2, Insightful

    Nice to see the "system" in action with Due Process...

    Don't think you have a good case?

    Then propose to your corporate enemies:

    1) Pay up a settlement
    or
    2) Go to trial and we'll revoke all licenses we gave you, so that even if we lose the case, you'll have already lost in the marketplace.

    Make sure you give a deadline that doesn't allow your corporate enemy any time to mount a legal defense, or get any court action, so that they are forced to do what you want.

    --
    -- If it ain't broke - overclock it more.
  181. what do they have? plenty. by twitter · · Score: 1
    I guess SCO thinks that calling in the lawyers beats actually trying to compete on the merits of its products and services. Well if you had their assets you might think that too.

    What a lame-o way of looking at things. THEY HAVE A WHOLE FREAKING COMPANY! They can do anything they want with the talent they have.

    Here's one small example. Remember Caldera Linux + Word Perfect? With the stupid license tricks Microsoft has been playing, that has fantastic potential. There are hoards of Word Perfect faithful out there suffering under M$. It would be so easy to sell them an OS "approved" by the folks at Word Perfect.

    The revolt is on, and they could be riding it. Instead, they are contend with a few licensing fee scraps from M$ and what little they will gain off sales of their personal shares. All their people will suffer as the company fails. It's a criminal waste of resources.

    --

    Friends don't help friends install M$ junk.

    1. Re:what do they have? plenty. by Arker · · Score: 1

      Oh, you're completely right of course. But it doesn't seem like their leadership has the capacity to understand that sort of potential. I think Ray Noorda had a glimmering... btw is he still involved with them at all? As I remember he was the major guy behind Canopy group back when, but I sure haven't heard his name associated lately, I don't know if he got out or what though...

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    2. Re:what do they have? plenty. by Alan+Shutko · · Score: 1

      Remember Caldera Linux + Word Perfect?

      Um, no. That was Corel Linux and Word Perfect. (Word Perfect may also have been a Utah company once upon a time, but completely different.)

      The most Caldera had were some Netware hooks and tetris in the installer.

  182. let RMS look at both with no NDA ... by polished+look+2 · · Score: 3, Funny

    If anyone can make a good assesment of the situation without compromising any IP, its Richard M. Stallman. He should be allowed, paid even, to view all the documents and given time to make a critical assesment.

    1. Re:let RMS look at both with no NDA ... by jpetts · · Score: 1

      If anyone can make a good assesment of the situation without compromising any IP, its Richard M. Stallman. He should be allowed, paid even, to view all the documents and given time to make a critical assesment.

      You mean the Richard M. Stallman that SCO quotes out of context on their web site, in what some people have seen as an attempt to smear the Open Source/Free Software movements?

      Somehow I don't see that one flying...

      --
      Call me old fashioned, but I like a dump to be as memorable as it is devastating - Bender
    2. Re:let RMS look at both with no NDA ... by nutznboltz · · Score: 1

      Well the quotes may have been used in an inappropriate fashion but read this book and you will see that they are what RMS thinks (and rightly so.)

    3. Re:let RMS look at both with no NDA ... by Anonymous Coward · · Score: 0

      fuck RMS. that tired old POS has "spoken for" the Linux (not GNU/Linux) community for far too long.

  183. Sue The Assholes to Extinction, IBM!!! by Anonymous Coward · · Score: 1, Funny

    'nuff said...

  184. IBM has said nothing by autopr0n · · Score: 1

    Other then that they don't comment on litigation.

    --
    autopr0n is like, down and stuff.
  185. No by autopr0n · · Score: 1

    The only person who could shut down AIX would be the person who orgionaly signed it. So SCO would have to actualy win the suit before they could do anything.

    --
    autopr0n is like, down and stuff.
  186. Some threat... (snicker) by russotto · · Score: 1

    Hmm. Suppose I'm Joe Corporate Bigwig and my company runs its critical products on AIX platforms. I hear SCO claims my license won't be valid after some deadline. IBM says otherwise. Do I

    a) Rush to tear down my AIX platforms and switch to some other unencumbered product?

    b) Approach SCO and offer to pay them for a bunch of licenses?

    c) Call the legal department, have a good laugh with them, and otherwise do nothing while I wait for IBM to grind SCO to paste?

    If I'm Sony, I pick b, because I'm dumb enough to pay millions for a license to a patent on RLE encoding. Otherwise, it's pretty clearly c.

  187. The Prophesy of Mozilla! by s-orbital · · Score: 2, Funny
    "And lo, on the 13th day, the day of Frigg, a terrible beast of the Antarctic adorned with a robe of deep blue, shall appear and shall smite the golden image before it. The beast shall slay the enemy, and it shall dance victoriously. But verily, the beast shall neither subside nor slumber, for indeed it shall rise yet higher."

    from The Book of Mozilla, 3:30
    (Red Letter Edition)

    --
    Patent: from Latin patere, to be open
  188. or... by DreadSpoon · · Score: 4, Insightful

    You could bother actually reading about Trusted Computing* and DRM and realize that the above probably wouldn't even be possible. If it _was_, almost no one would buy it - what company would trust that? What government would ever buy that hardware/software? And so on. That kind of feature doesn't help business any, especially in the gov't market, where it would _NEVER_ be purchased.

    *Note I'm talking Trusted Computing, not Palladium - Palladium is Microsoft's version of TCPA that will run on Windows - it's a moot point for things like AIX and Linux and such, since it's a Windows technology. TCPA on the other hand is platform neutral. Palladium may well have the "external control of systems" feature, but I don't know - Palladium isn't my problem, since I don't run MS systems. ~,^ On the other hand, I _look forward to_ TCPA, since it actually does offer the ability to increase security, and doesn't have any features to make me worry, especially not on an Open Source platform. :P Likewise, TCPA would be a cool feature to have in AIX, Solaris, and so on as well. The OS determines if its used for DRM - my OS (any that I would use) would only use TCPA for security.

    1. Re:or... by Graabein · · Score: 1
      > You could bother actually reading about Trusted Computing*

      I did, but didn't think I had to explain it to this audience.

      Palladium/TCPA relies on certificates, as in "this software is certified to run on this platform", where platform can be anything from the hardware (or parts of the hardware) to the OS, or "this software is allowed to manipulate these bits of data" etc.

      Every certificate is part of a chain of trust. In the case of AIX, I would assume that IBM would issue the certificate, but hold on a sec: IBM's own use of the software and their right to license it on to you is persuant to a license from SCO. In a situation like this, can SCO break the chain of trust by revoking their license to IBM, thus invalidating IBM's certificate for AIX?

      That is the question. The proponents of Palladium/TCPA claim it's all about security, but please wake up and smell the coffee: It's about DRM. In this case SCO would claim that in order to protect their Intellectual Property rights, they would have no option but to revoke the license/certificate issued to IBM, which they in turn used to sign their AIX license/certificate to you.

      In this situation the TCPA hardware would simply refuse to run the operating system. Game over.

      > and doesn't have any features to make me worry, especially not on an Open Source platform

      From this I can only conclude that you are boundlessly naive.

      --
      And remember kids: Never trust a computer you can actually lift.
    2. Re:or... by greenrd · · Score: 1
      You could bother actually reading about Trusted Computing* and DRM and realize that the above probably wouldn't even be possible. If it _was_, almost no one would buy it - what company would trust that?

      Doesn't UCITA contain "self help" provisions? Don't companies in UCITA-covered states continue to buy software?

    3. Re:or... by Trogre · · Score: 1

      I think Palladium was the wrong term for top poster to use.
      But the scenario s/he describes is certainly not pie-in-the-sky.

      Read a Microsoft Windows 2000 SP3 or Windows XP EULA sometime. They grant themselves the right to apply 'updates' without your consent. It could be argued that deactivating your OS due to a licensing conflict is an update.

      Another good reason to steer clear of such licences.

      --
      "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
  189. My nominees for "enemies of Linux" playing cards by Anonymous Coward · · Score: 1, Funny

    Ace of clubs -- Darl C. McBride
    King of clubs -- Chris Sontag
    Queen of clubs -- Robert K. Bench
    Jack of clubs -- Opinder Bawa
    10 of clubs -- Sean Wilson
    9 of clubs -- Reg Broughton
    8 of clubs -- Jeff Hunsaker
    7 of clubs -- Larry Gasparro

    Ace of spades -- Bill Gates
    King of spades -- Steve Balmer
    Queen of spades -- Craig Mundie

    Joker -- United Linux
    Joker -- Ransom Love

  190. The strangeness of your completely off-topic post by Overly+Critical+Guy · · Score: 1

    1.) All Reuters said was the simple fact that Microsoft paid SCO and that it was seen as an attack on Linux, because logically they view Linux as a threat to Windows.

    2.) In an attempt to post anything against Microsoft in a Slashdot article on SCO, you for some reason deem it as a "rather strong anti-Microsoft comment" when it is not.

    3.) Next, you tell yourself that now the public view of Microsoft mirrors the cynical anti-Microsoft posts of Slashdot. As if the general public knows anything about SCO or even cares.

    4.) Having convinced yourself of the view of the entire public, suddenly there is now "widely-held disdain" for Microsoft which "spells doom," though you have no reason to believe any of this except for the series of conclusions you have drawn from a simple Reuters line.

    5.) You tie it all together by vaguely referencing "cash reserves and ruthless schemes".

    Summary: From a simple Reuters line describing Microsoft as paying SCO and that it was viewed as against Linux, you have somehow extrapolated the entire public view toward Microsoft. To top it off, you claim it mirrors the cynicism of Slashdot, and gain favor among Slashbot moderators by ending your post with the vague, anti-corporate mantra of "cash reserves" and "ruthless schemes."

    And someone decided it was all "Insightful."

    --
    "Sufferin' succotash."
  191. Re:News for Nerds: IBM can take care of themselves by kotfu · · Score: 1

    If you think IBM isn't going to close any more AIX deals after Friday because of this, you are mistaken. They will continue doing business as usual, and wait for SCO to try and present something in court, where they will be laughed out of the room.

  192. They license it to you, they don't sell it to you by dorfsmay · · Score: 4, Informative

    CUUG, our local UNIX group, had a lawyer talking about this a couple of weeks ago. One thing that was very interresting was the fact that there is a good reason why Software is not sold to you, but licensed. If it were sold to you, it would become your property, and then a lot of laws would apply to it, giving you way to many rights, like re-selling it, reverse engineer it, etc... because it would be YOURS.

    That is why the software industry has decided license software to you, because legally, when you license something to somebody, you can set whatever you want in the license, like "you shalt not reverse engineer this software", etc...

    So, one would have to look at the license between SCO and IBM to be able to say if they can revoke it or not.

  193. And the funniest news of the day by hobsonchoice · · Score: 4, Interesting

    I don't see anybody posted this link yet:

    http://news.com.com/2100-1016_3-1016020.html

    Best Quote: "What SCO is arguing seems instead to be that it didn't know what it was packaging."

  194. Analogy... by Anonymous Coward · · Score: 1, Funny

    Doesn't it seem like SCO has become the North Korea of the software world?

  195. Anyone Going to SCO Forum 2003 in Vegas? by xelph · · Score: 1

    I bet it's gonna be a blast to see the star of the event, Dale McBride. I thought they usually did the Burning Man thing in the desert but I guess it's a first this year...

  196. The Prophesy of Mozilla! by s-orbital · · Score: 1
    "And lo, on the 13th day, the day of Frigg, a terrible beast of the Antarctic adorned with a robe of deep blue, shall appear and shall smite the golden image before it. The beast shall slay the enemy, and it shall dance victoriously. But verily, the beast shall neither subside nor slumber, for indeed it shall rise yet higher."

    from The Book of Mozilla, 3:30
    (Red Letter Edition)

    --
    Patent: from Latin patere, to be open
  197. SCO Please sit down by Anonymous Coward · · Score: 0

    SCO you dufus sit down and keep quiet
    Go back to Bill Gates and suck her

  198. In other news.... by Chanc_Gorkon · · Score: 1

    IBM buys SCO for 1.2 billion. When reached for comment, SCO's legal team says that since IBM own's then then they are dropping the suit! ;)

    --

    Gorkman

  199. how by Suppafly · · Score: 1

    How is revoking IBM's license on friday going to mean that every running AIX will be doing so with invalid licenses. I don't believe you can pull the rug out from under people like that.

  200. Golgafrincham did this, why can't we? by Anonymous Coward · · Score: 1, Funny

    the world would be better off if they just upped and left the planet (voluntarily or by force, not picky)

    In "The Restaurant at the End of the Universe", the planet of Golgafrincham sent the most useless third of its citizens off the planet on the "B Ark".

    We just tell SCO the earth is headed for a tremendous disaster, but there's another planet waiting to be colonized. Of course, before everyone else gets there, there needs to be a Unix-based computer infrastructure set up.

    "And they made sure they sent you lot off first, did they?" inquired Arthur.

    "Oh yes," said that Captain, "well everyone said, very nicely I thought, that it was very important for morale to feel that they would be arriving on a planet where they could be sure of a good operating system and where the filesystems were clean."

    1. Re:Golgafrincham did this, why can't we? by mwood · · Score: 1

      Uh, as I recall the remaining Golgafrinchans were then wiped out by a virulent disease contracted from a dirty telephone.

    2. Re:Golgafrincham did this, why can't we? by Anonymous Coward · · Score: 0

      You might have a point, but can you suggest how that might play out in the case of SCO? All of our machines crashing due to some computer virus?

      Or maybe only the Microsoft machines?

  201. Not true... by Anonymous Coward · · Score: 0

    IBM would not have the same suit as SCO. You don't sue to prove a negative.

  202. When IBM and SCO get along = trouble by Anonymous Coward · · Score: 0

    IBM is very evil and so is SCO. They will kill each other and we will survive !

  203. hard to believe by MetalliQaZ · · Score: 1

    this just sounds like extortion to me...is SCO actually doing anything these days besides crying about IP?

    --
    "Here Lies Philip J. Fry, named for his uncle, to carry on his spirit"
  204. "I'm invincible!" by johndiii · · Score: 1

    "You're a looney."

    One of the best exchanges in the history of Western Civilization. BTW, this was the Black Knight and Arthur, King of the Britons, in MPatHG, not SCO and IBM.

    --
    Floating face-down in a river of regret...and thoughts of you...
  205. There's a great article about this in The Enquirer by Lucky+Kevin · · Score: 2, Informative
    The article makes a great read, gems such as:

    According to eWEEK's confidential source, SCO's coders "basically re-implemented the Linux kernel with functions available in the Unix kernel to build what is now known as the Linux Kernel Personality (LKP) in SCO Unix."

    The evidence for this seems to be sections of exact identical code right down to the variable names and comments. Gee, where have we heard claims like this, recently?

    and

    IBM likely recoils from the thought of buying out SCO because -- aside from refusing to reward such flimsy blackmail -- it might want to avoid "owning" Unix. It's almost like an Egyptian mummy's curse, it seems.

    --
    Kevin
    "It's not the cough that carries you off, it's the coffin they carry you off in" O. Nash
  206. look again. by twitter · · Score: 1
    Um, no. That was Corel Linux and Word Perfect.

    Twitter takes down his Open Linux 2.3 box and reads the side again. The bottom of the box has a bix C, Caldera systems. The top of the box promisses, "Thre CDs Include: .... Office Productivity Applixware 4.4.2, StarOffice 5.1, WordPerfect8, Daily scheduler/organizer, calender, calculator"

    Sometimes the truth is this and that.

    --

    Friends don't help friends install M$ junk.

    1. Re:look again. by Alan+Shutko · · Score: 1

      Good point. But still, Caldera never owned WP so it can't help them now.

  207. Escrow by AvitarX · · Score: 2, Insightful

    This is probably redundant, but if IBM knows they are going to win, can't they just put some large sum of money in escrow, and then get it all back when they trounce SCO in court?

    Is it even legal for SCO to pull their liscense without any ruling?

    It seems silly to me that SCO can just yank the liscense as blackmail without proof (A court ruling) that IBM is in violation

    IANAL

    --
    Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
  208. Still not right by KMSelf · · Score: 4, Informative

    That's still not quite the full picture.

    Caldera was (is?) funded by The Canopy Group, which was founded by Ray Noorda, preferences former Novell CEO. Caldera purchased the Santa Cruz Operation, owners of some UNIX (exactly which bits is a matter of some debate). FWIW, Caldera has now officially changed its name to The SCO Group.

    The Canopy Group is the majority stockholder in Caldera Corp, dba (that's "doing business as") "The SCO Group".

    What Caldera bought was not "SCO" (the company formerly known as The Santa Cruz Operation), but that company's "Unix Business". While I haven't seen the documents, there's basically a bundle of rights, contracts, and licenses (the 30,000 contracts, though most are quite historical, we've heard so much about). The original SCO continues as a going concern under the name Tarentella. Rather quietly, I might add.

    Though Caldera voted at its stockholder's meeting this past May to officially change its name to "The SCO Group", the name change has not yet taken legal effect.

    Oh, and Caldera is the company which co-developed the RPM packaging format with Red Hat, distributed GNU/Linux (under the GNU GPL) for nine years, and which, for the past three years, has distributed the very 2.4 Linux Kernel (downloaded my own copy last week). Um. Under the GPL, last I checked.

    I'd recommend The OSI's Position Paper and a compilation site I've had some involvment with, SCOvsIBM.

    --

    What part of "gestalt" don't you understand?

    1. Re:Still not right by mj01nir · · Score: 4, Informative

      Yup, I'd forgotten about the Tarantella thing (quiet indeed!).

      In the name of completeness (and to avoid an utterly contentless post) more about the Novell / Caldera connection: Novell purchased Digital Research in '91, primarily to market DR-DOS as a competitor to MS-DOS (which was just now gaining ground as a stand-alone product). This went nowhere, and the DR properties (including, apparently, the GEM desktop) were sold to Caldera. This was used as the basis for a lawsuit against MS for anti-competitive something or other. Caldera won and collected a fat check from MS. Then DR-DOS was spun from Caldera to Lineo and has now landed at Device Logics.

      Many NetWare users and techies refer to this period as Novell's "What in the fuck are you doing" phase.

      --
      the no .sig .sig
    2. Re:Still not right by Equinox · · Score: 1

      If anyone cares, the lawsuit against MS was because a preview release of Windows (3? 3.1? don't remember) wouldn't install on a DR-DOS machine. So people bought MS-DOS to run the preview. When the "final" edition came out, it had no problems installing, or running, under DR-DOS. FYI. Do with it as you please.

  209. Biting the hand that feeds you... by phorm · · Score: 3, Insightful

    Their whole corp website was unavailable in the recent past...

    <amused sarcasm> And of course, it helps to with the amount of slashdot publicity to SCO, with probably large numbers of geeks either visiting/poking/etc the SCO webservers. </amused sarcasm>

    I think that until SCO manages to clean up their act, we should make linking to their corp website mandatory on all related articles... make their bandwidth spike for weeks on end and perhaps we'll drive them into slashdotting-induced bankruptcy

    And of course, my question is: without linux, how long would they have lasted anyways? I mean, how much crossed from linux back to unix. What about the apache project, etc? I'm just a linux geek myself, I've always avoided the unix end of things (justly so it seems) - so I really don't know much about it except for recent actions.

    1. Re:Biting the hand that feeds you... by dissy · · Score: 2, Informative

      > make their bandwidth spike for weeks on end and perhaps we'll drive them into
      > slashdotting-induced bankruptcy

      Unfortunatly for this idea, sco (as well as most IT companys) host their servers on their own network in their own building.
      This means they get internet connections like T1's and T3's

      At this point you are usually not charged for bandwidth.
      Its $2000 /month for the ISP fee on a T1, and you can use that T1 100% 24/7 (man thats alot of numbers in a row) and pay the same.

      Granted filling their pipes and making their network useless (In and out) is still very amusing though!
      But it wont cost them a penny more most likely :(

    2. Re:Biting the hand that feeds you... by dtfinch · · Score: 1

      If that happened they would probably just block users coming from slashdot. To which some of us would respond by saying "drag this link to your address bar instead of clicking it".

      After some thought, I'd really like to see something like that. People could update their sites to say, "Before you leave, support linux by dragging this link to your address bar and hitting refresh a few times."

    3. Re:Biting the hand that feeds you... by Anonymous Coward · · Score: 5, Interesting

      T3? That's sad.. (hehe)

      Most of the bigger lines I've delt with, it's a fixed rate for connection itself, a dedicated bandwidth amount, and a burstable amount.

      Like, we're dedicated to several Gb between our various facilities. That's what we pay for every month, if we use it or not. If we exceed that amount, we pay a higher amount for the overage. If we use less, well that's our tough luck.

      If they're in a colocation facility (like most good companies are these days), they probably have multiple lines coming in from different providers, and have at least a 100Mb/s uplink. That's the prefered method these days. It saves a whole lot of money in actually keeping a physical room going at your facility, and having copper or fiber run to you.

      A little research can give you a hint of where they live.

      sco.com :

      216.250.140.112

      nameservers:
      ns.calderasystems.com 216.250.130.1
      ns2.calderasystems.com 216.250.130.5
      c7ns1.center7.com 216.250.142.20
      nsca.sco.com 132.147.210.253

      MX:
      mail.ut.caldera.com 216.250.130.2

      calderasystems.com is 216.250.140.125

      216.250.128.0/20 (everything but nsca.sco.com) is owned by 'NFS", which has nameservers of:
      ns1.canopy.com 216.250.129.1
      c7cs1.center7.com 216.250.142.20
      c7ns2.center7.com 166.70.45.162
      c7ns3.center7.com 216.250.142.14

      166.70.0.0/16 is owned by XMission, which has the nameservers of:

      ns.xmission.com 198.60.22.2
      ns1.xmission.com 198.60.22.22
      ns2.xmission.com 207.78.169.150

      The 198.60.22.0/24 block is owned by Xmission, who only has the /24 from WestNet, who has the two /16's containing that block.

      The 207.78.169.0/24 is one of two /24's owned by ShreveNet in Louisana, which is part of 4 /16's owned by UUNet.

      My guess would be that SCO lives with Center7. If you go to http://center7.com/, you'll see a whole lot of PR crap, that sounds like every other colo provider's crap. They are nice enough to say that their connectivity is an OC-48 from XO Communications, and an OC-12 with Qwest (which is what I see on my traceroute to sco.com), and two T3's that aren't active. They also say something to the effect that their customers are attached "at 10-100", which I'd take to mean ethernet (like, duh).

      I'd have to say that xmission.com is just someone being nice enough to provide a home for a nameserver.

      I wouldn't expect that too many people can flood their OC-12 off the net, unless it's already fairly utilized. Since I've never heard of Center7, I wouldn't suspect that they are.

      The best, and most likely to hurt them is if there was 100Mb/s of traffic filling up their ethernet connection to Center7's switch.. So, don't try to push 600Mbs in, it only takes 100Mb/s.. :)

      I know, I know, there are possibilities that they are rather reinforced. What if they have some spiffy hardware in front of their server? They could be doing all kinds of wild load balancing. But if I remember right, this was the company that was hurting for money and this is their last-ditch effort to make get IBM to buy them. Honestly, it looks like an old Linux box that no one ever bothered to update Apache on. :)

      user@home (/home/user) telnet sco.com 80
      Trying 216.250.140.112...
      Connected to sco.com.
      Escape character is '^]'.
      GET ? HTTP/1.1

      HTTP/1.1 400 Bad Request
      Date: Thu, 12 Jun 2003 06:06:47 GMT
      Server: Apache/1.3.14 (Unix) mod_ssl/2.7.1 OpenSSL/0.9.6 PHP/4.0.3pl1

      It would seem to me that any of a few thousand script kiddies out there with a few exploits could get in, or anyone in control of a few dozen DDoS slaves could make their site rather quiet.

      Now my disclaimer.. I don't suggest doing it.. It's no fun to have your pager go off at 4am because som

    4. Re:Biting the hand that feeds you... by Anonymous Coward · · Score: 0

      Nice investigative work, traceroute, dig, whois and telnet are some of my favorite tools too!

    5. Re:Biting the hand that feeds you... by phorm · · Score: 1

      How about a JavaScript that opens a hidden window to SCO's site, refreshes a few times, and then finally closes it? That'll teach 'em...

    6. Re:Biting the hand that feeds you... by Networkpro · · Score: 1

      Ahh grasshopper I think you need to drink from the well of how the real telcom industry works as far as pricing. What someone pays for when they get a dedicated circuit falls into a couple of different categories: Circuit charge- This charge is just for the priveledge of having a dedicated line from the closest central office (aka pots switch & mux) to your location. Bandwidth charge- Even though you get a T1, T3, OC-3 , OC-48 from the switch to you location it still needs to be able to go somewhere else...so you pay from the CO to your upstream provider's internet connection. A company that's as in dire straights like SCO most likely has everything lumped into one pipe of some type, so if you're using all the bandwitdh up just servicing inbound web requests you negate the ability of them to: Send email Recieve email Surf the web FTP files Carpe Sapiens (and -5 karma for taking the 5 seconds to type this in)

    7. Re:Biting the hand that feeds you... by dissy · · Score: 1

      > Ahh grasshopper I think you need to drink from the well of how the real telcom
      > industry works as far as pricing.

      Concidering I am a network engineer for a tier 1 provider in the US, i think i am pretty qualified to tell you how we charge people...

      The loop charge Never changes on how much bandwidth you use.
      If you are under the impression it does, you need to move out of that city and away from that phone company.

      The loop is the pipe. you dont pay based on bandwidth because you are paying for the WHOLE pipe.
      If i get a T1 from me to you, as far as the phone company is concerned, we can use 100% of that bandwidth 24/7, as that is exactly what one of us is paying for.

      Bandwidth charge (Actually called port charge) is what the ISP says.
      While you CAN get a t1 that is burstable and you pay very little until you hit a threshhold, then are charged per [some-unit]bytes, that is not the way any ISP or datacenter buys bandwidth (Or atleast not the ones that plan to stay in business)

      In the above example, i can (if i am the isp) charge you however i want for that data going over the pipe.
      I can charge you $100/mo for 128kbps sustained and if you go over its $10/meg or something... Or i can just say $2000 /month and you get 1.54mbit sustained.

      As an ISP, assuming there is no peer agreement with the other end of the link, the latter is the type of package you get.

      Then your last comment about all of SCO's services being lumped into one pipe.. so it can be filled and waste resources used by other services...
      that is Exactly what i said in my post.

      So, your points are wrong, wrong, and then agree with me (in that order.)
      And I am the grasshopper? :)

    8. Re:Biting the hand that feeds you... by Simon+Kongshoj · · Score: 2, Interesting
      Speaking of the SCO website, here's what Netcraft has to say about that:
      The site sco.com is running Apache/1.3.14 (Unix) mod_ssl/2.7.1 OpenSSL/0.9.6 PHP/4.0.3pl1 on Linux.
      #define <hypocricy.h>
      --
      Six sick .sigs, the Number of the Beast!
    9. Re:Biting the hand that feeds you... by KillerBees · · Score: 1

      My guess would be that SCO lives with Center7.

      I believe Center& is another of Uncle Ray's (Ray Noorda, of Novell fame) ventures. SCO and Center7 are all in a complex that is owned by the Canopy Group which belongs to Uncle Ray. See, Caldera used to be up in Orem, then when their stock started tanking and things got bad they went to Uncle Ray for money. Uncle Ray made them move to his new digs. I know, who cares.

    10. Re:Biting the hand that feeds you... by jcast · · Score: 1
      Netcraft mentioned this in their latest monthly newsletter:

      One site that has not changed is www.sco.com, where people continue to delight in the irony of SCO using the operating system whose deployment they are seeking to restrict.

      When even Netcraft is having fun with it, you know it's real.
      --
      There are reasons why democracy does not work nearly as well as capitalism.
      -- David D. Friedman
    11. Re:Biting the hand that feeds you... by yulek · · Score: 1

      heh, not only are they hypocrites, they're morons. isn't there like a half a million hacks for those versions of apache/php?

      --
      in this age of communication i'm just not getting through
  210. I give you 48 hours... by passion · · Score: 1

    Gee, this sounds reminiscent of Shrub's 48-hour ultimatim to Saddam.

    This town ain't big enough for the both us. Clear outta dodge in the next 48 hours, or I'll start my pre-emptive strike.

    --
    - passion
  211. THE POSSIBLE IMPLICATIONS!!! PLEASE READ! by borgheron · · Score: 5, Interesting

    All,

    Several thoughts have come to my mind concerning this issue.

    Please keep in mind that IBM:

    1) backs Linux on a large number of it servers
    2) believes that it's license with SCO is perpetual.
    3) has spent billions hyping Linux.

    IBM will likely take action on Friday or perhaps sooner in a pro-Linux fashion, given the above facts.

    Suppose it is shown that in the completion of LKP (Linux Kernel Personality) that SCO did incorporate GPL'd code into it's kernel (as suggested by an article on linuxtoday.com) and it is shown that, according to Eben Moglen, that "SCO gave up rights to the code when the released their version of Linux".

    If SCO licensed any of this code to third parties for inclusion in their products, it is possible that *all* of those products will be *required* to be released as Free Software under the terms of the GPL.

    This is perhaps why SCO is being so loud about this. Is this the fact that they want to hide under all of this legal rangling? Also, don't forget that Microsoft made a public showing of buying a license from SCO, which according to the recent news from Novell, ONLY covers the copyrights which, if the above is shown, would be subject to the GPL.

    The implication here is very clear. Many companies which have incorporated the disputed code would need to release their code under the GPL.

    Could the GPL set the industry on it's head?

    I, for one, hope so. I am not a lawyer, just an engineer.

    Later, GJC

    --
    Gregory Casamento
    ## Chief Maintainer for GNUstep
    1. Re:THE POSSIBLE IMPLICATIONS!!! PLEASE READ! by Anonymous Coward · · Score: 0

      Actually, you are a SuperFag with a giant stupid argument. You can suck 1 million penis factory employees and still not kill 3 birds with your stone.

    2. Re:THE POSSIBLE IMPLICATIONS!!! PLEASE READ! by MonopolyNews · · Score: 1

      The implication here is very clear. Many companies which have incorporated the disputed code would need to release their code under the GPL.

      nope, it doesn't work like that. SCO can have it's IP under different licenses. Only the stuff they shipped GPL could be kept GPL. And only if they have used GPL code in their stuff, that doesn't make their stuff GPL. It just means they have stolen the code and the copyright owners (like Linus) could sue them. They might get money (whatever SCO made from it), or they might only make SCO stop doing it.

      It's not really viral.

      --

      Slashdot Journal on Monopoly News
    3. Re:THE POSSIBLE IMPLICATIONS!!! PLEASE READ! by LJPeixoto · · Score: 1

      Please donÂt mess the concepts here ...
      It IS possible to distribute a software under two(or more) differents licenses. Each license is just a group of rights that you give to your licensee. If you give him a GPL license, he is obligged to redistribute the software under GPL. If you give him a commercial license, and it allows redistribution, he can redistribute it under commercial licenses... see the difference ?
      If you want to look an example, see the QT library. The Unix version is distributed under GPL and under a commercial license.

    4. Re:THE POSSIBLE IMPLICATIONS!!! PLEASE READ! by borgheron · · Score: 1

      Only SuperFags post anonymously. ;)

      --
      Gregory Casamento
      ## Chief Maintainer for GNUstep
  212. Re:Two Words by jasonsfa98 · · Score: 1

    I wonder how valid this is:

    eWeek

    "SCO insider says SCO used Linux code in V"

  213. meanwhile at IBM by Anonymous Coward · · Score: 1, Insightful

    this isn't even a blip on the corporate radar.

    In order to gain access to IP you have to justify a need to know which has to be signed off by a heirarchy of managers. Then, you *have* to take a class pounding you with what you can do with the IP you may get access to.

    The IBM contributions for linux 2.4 are for the most part (if not exclusively) getting linux to run on the z900 mainframe. Contributions above & beyond involve linux 2.5 which you're not going to find anytime soon.

  214. IBM is a real company by Anonymous Coward · · Score: 0

    IBM has business to run on a daily basis. It
    is not like SCO who make a living from litigation
    (either Mr. DOS, or SCO) , while watching TV and
    conducting press conferess (to English majors, that
    is journalist) while waiting for the court day.
    There is a difference betweeen real companies,
    and companies where you eat pop-corn all day.

  215. That's easy then... by TheSHAD0W · · Score: 1

    Let SCO revoke the license, then keep on marketing. Then if SCO wants IBM to stop, they'll have to be the plaintiffs.

  216. for pete's sake... by sput-pwk · · Score: 0

    Could someone just nuke SCO so we don't have to read about it anymore?

  217. Is this legal? by rsilvergun · · Score: 1

    Not that I expect my question to be answered (500+ posts already), but I'll ask anyway.

    This seems an awful lot like extortion of one form or another to me. The Linux issue doesn't seem to pertain to IBM's AIX sales. SCO's beef seems to be with IBM's linux offering. I've heard it's illegal to make somebody buy one production in order to purchase something else, and this seems simular.

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
  218. Extra Extra! Read all about it! by makoffee · · Score: 0, Troll

    The guys over at SCO are real big jerks!

    --
    -makoffee
  219. Friday the Thirteeneth! by budgenator · · Score: 5, Insightful

    On friday the thirteenth the unimaginable will happen! All of the AIX machines in the world will become Illegal, oh the humanity. Hundreds of previously upstanding companys will be running illeagal warz!

    seriously would be interesting if IBM filed counter-suits, and as part of the discovery process requested the complete UNIX SVR4 source code and pedigries; with 10K patents in the basement I'm sure the lawyers at IBM could find a few infringements of their own.

    --
    Apocalypse Cancelled, Sorry, No Ticket Refunds
    1. Re:Friday the Thirteeneth! by Anonymous Coward · · Score: 0

      hold on...illegal warz? Like the attack on Iraq?

    2. Re:Friday the Thirteeneth! by Anonymous Coward · · Score: 0

      Like the attack on Kuwait.

    3. Re:Friday the Thirteeneth! by nickos · · Score: 1

      But not at all like Nicaragua or El Salvedor.

    4. Re:Friday the Thirteeneth! by Anonymous Coward · · Score: 0

      Kuwait is part of Iraq - it was stolen from them. Can you guess by who?

    5. Re:Friday the Thirteeneth! by Trusted+Content · · Score: 0

      Complete horseshit. Both Kuwait and Iraq were randomly formed from various Ottoman provinces. Neither of them has any historical basis beyond British imperialism. For Iraq to say "Kuwait is part of Iraq" is ridiculous considering that before WWI there was no such thing as "iraq" nor no cohesive national/territorial identity over that piece of land. Just look at all the various ethnic groups that were put together in the cobbled-together state that the British created. ... Yeah. Also Mozilla 1.4 rocks.

      --
      OMG OMG LUNIX OMG
    6. Re:Friday the Thirteeneth! by Anonymous Coward · · Score: 0

      Kuwait was taken from Iraq in the first place. Nothing to do with the oilfields, no Sir. Plz fix history lessons thx.

    7. Re:Friday the Thirteeneth! by cdrudge · · Score: 3, Informative

      As of Jan 10th, 2002, IBM had over 37,000 patents after a record year in 2001. They had 3,400 new patents that year alone. My guess is they are well over 40,000 by now.

    8. Re:Friday the Thirteeneth! by MikeVx · · Score: 1
      On friday the thirteenth the unimaginable will happen! All of the AIX machines in the world will become Illegal, oh the humanity. Hundreds of previously upstanding companys will be running illeagal warz!
      I'm more worried about Saturday the 14th, when a swamp monster will rise out of the bathtub, speaking swamp monster, while the subtitles say "Excuse me, but have you seen the SCO source code that is supposedly in the Linux kernel?" to the screaming girl.
      --
      Sigmentation fault - core dumped
    9. Re:Friday the Thirteeneth! by u-235-sentinel · · Score: 3, Insightful

      Doesn't matter. If Apple wins then UNIX will be a generic term.

      Link from the previous slashdot story regarding this.
      http://news.com.com/2100-1016-1015814.html

      Oh and btw, It was my understanding that the open group was the one responsible for saying what is UNIX and what isn't. Weird that SCO "thinks" they can flip a switch and instantly make something not UNIX :-)

      I always knew they were retarded.

      --
      Has Comcast disconnected your Internet account? Same here. You can read about it at http://comcastissue.blogspot.com
    10. Re:Friday the Thirteeneth! by eratosthene · · Score: 1

      Does anyone have any serious numbers on how many AIX machines are out there? Do people even use AIX?

      --
      -- There, everybody likes a gorilla.
    11. Re:Friday the Thirteeneth! by Tower · · Score: 1

      Well, here at work in Rochester, MN, we have quite a few RS6k/pSeries machines running AIX - of course, this is an IBM development/manufacturing site...

      --
      "It's tough to be bilingual when you get hit in the head."
    12. Re:Friday the Thirteeneth! by EvlOvrLrd · · Score: 1

      Over 30 here at where I work. All running 5.1L... I wonder if they will stop working on Saturday.

      --


      Light travels faster than sound. This is why some people appear to be bright. Until you hear them speak.
  220. how about... by budgenator · · Score: 1

    "You're making me angry, You won't like me when I'm angry"

    --
    Apocalypse Cancelled, Sorry, No Ticket Refunds
  221. Re:They license it to you, they don't sell it to y by Minna+Kirai · · Score: 4, Interesting

    But yet, if you walk into CompUSA and say "Will you sell me Windows XP(tm) for $299?", the clerk will say "Yes". The signage hanging on the shelves and walls reinforces the idea that selling will occur. More importantly, the reciept says "Sold".

    Either the vendors of computer software are committing fraud on a gargantuan scale, or you are being sold software.

    (Software publishers wish to change this- why they include those EULA that are legally nonbinding, and why they've pushed US states to create laws making EULAs effective. Virginia, so far, has agreed)

    However, the reason normal EULAs are meaningless is because no contract terms were presented before money and product were exchanged. So, they have no similarity with the agreement between SCO and IBM. It was presumably conducted with lawyers, signatures, and even handshakes.

  222. I see it from both sides by Anonymous Coward · · Score: 5, Interesting

    I've been watching this whole fiasco unfold and I've been fascinated. The reason is because I was a Caldera employee up until just over a year ago. I worked in IT, and IT at SCO is still made up of some of my best friends. So, I have the unique opportunity of getting the inside scoop on their feelings of what's going on, and the feelings of the company in general. I also have an interesting internal battle with where exactly I stand on the issue. Being that I learned about the things that matter most there (Linux), I can tell you that the early days of Caldera (right when it went public) were EXTREMELY exciting! We were all going to make money doing stuff that was cool and fun, PLAYING WITH LINUX!

    Something happened though. The /. community rejected Caldera. "You can't make money with Linux, you leeching bastards!" was pretty much the common attitude from /. users. We tried, we really did. But not only did no-one think they had to PAY for anything, they bashed and made fun of Caldera. Keep in mind that most of us WERE LINUX GEEKS and we LOVED LINUX. Our job was more than money, we wanted to be part of the OS community. People made fun of the logo, the company, the products, and it hurt. I wondered many times what we possibly did to deserve the scorn that was thrown at us CONSTANTLY.

    I was laid off about a year ago, and I've since moved on to much better things. Ransom was replaced, and the name was changed back to SCO because OBVIOUSLY there was no value left in the Caldera name after you guys were finished with it.

    I've been using Red Hat ever since I was laid off, as Caldera's Linux distro pretty much fell by the wayside. I look back on those days with fondness and wish it could have turned out differently. I am horrified by SCO's actions as of late, at the same time I can't help but think that you guys kinda created this fiasco in the first place. You guys have been poking this dog into a corner for the last several years and now, when it turns around and starts fighting for its life, you seem to be amazed at how angry and irritated and frusterated SCO is. "Will they stop at nothing?!" you all ask in amazement? Of course not, cause they are going the ONLY ROUTE THEY HAVE LEFT. You all seem to be proud of yourselves for boycotting their products... sheesh, that's a rediculous notion since you had all boycotted them WAY before the lawsuit ever happened. I'll quote my friend who still works there when I asked him about how he felt about /. persecution since the lawsuit: "Well, there's deffinately no love lost between SCO and the OS community. Things are no different now than they were before the lawsuit."

    I'm rooting for IBM. I think SCO are going way too far. It makes me angry that they have become such a mindlessly self-centered company. SCO is not at all what Caldera used to stand for.

    But when you think about it, they really don't have anything to lose and a whole possible pile of cash and revenge to gain if this thing pans out for them.

    And the ironic thing is that you are all, to some degree, the ones that helped cause this. You can bet that if they do prevail, they are going to make you suffer as MUCH AS THEY CAN with no remorse, since you all have had no remorse for them in the past.

    This is not meant to be a troll. I only wanted to present a unique viewpoint of the whole situation.

    1. Re:I see it from both sides by Anonymous Coward · · Score: 2, Insightful

      Revenge? That's pretty fucking stupid. SCO, as in Santa Cruz Operation before Caldera, before Linux, was a decent OS with a unique position. Problem was that others kept evolving and SCO basically stayed the same, until the big push with Unixware, etc. Too little, too late. Companies I worked for were all too willing to save money with Linux and abandon SCO support, which was poor and ridiculously over-priced. SCO dug its own ditch with a poorly adapted product and after all the truly talented people left, shit management took over. Enter Caldera...

    2. Re:I see it from both sides by dvdeug · · Score: 4, Insightful

      you guys kinda created this fiasco in the first place.

      "You guys" are your customers. If you can't keep your customers happy, you go under. If your customers are unreasonable and you can't reach a point where they can be satisfied, there may not be a market. You can't say that it's the customer's fault if you can't sell your product - it's the business's fault for not understanding the market. RedHat chose to play it 100% open source; Caldera didn't. That was apparently a bad business choice, to which they have no one but themselves to blame.

    3. Re:I see it from both sides by Queuetue · · Score: 2, Informative
      People made fun of the logo, the company, the products, and it hurt.

      This is an indication that you should change your logo, your company, and your product. Being sad because your potential customers won't buy your product is an inappropriate business plan.

      There is no revenge to be given here, because SCO/caldera was not wronged. They just didn't know how to market to thier audience, and did not show proper respect to the hordes of developers they tried to benefit from. They destroyed themselves, and now litigation is the only thing they can consider a viable business plan.

      I, personally, think that IBM is going to release a monstrous legal team and savage them, once all the proper ducks are in a row. A massive countrsuit for retraint of trade is probably pending, and I hope a hostile (and unprofitable) takeover is being planned.

      All IBM (and the Linux community) needs is the lines of source that SCO feels infringe - the merits of the case will be resolved within a day, and any infringement (if any really exists) will be removed by the end of the week. I'm reasonably sure I could replace 80 lines myself the first day.
    4. Re:I see it from both sides by flafish · · Score: 1

      As a former Caldera customer, stopped after e-desktop 2.4, I think they have brought the /. effect on themselves. 2.4 would not work out of the box on the same equipment that 2.2 was running on for me. Still sits unused for that reason. RH, SuSE, and the other distros have moved on to better thing and left SCO in the dust.And I believe that after IBM gets finished, they will be part of the dust.

      Sad thing is that Caldera 2.2 was decent.

      R.I.P SCO.

    5. Re:I see it from both sides by Anonymous Coward · · Score: 1, Interesting

      You guys never could stick with one product. I tried to make a go at Caldera since my big interest at the time was Linux and Novell integration. Fuck. where is the "seamless" Novell client you were going to produce? The OSS community built one that was MUCH BETTER but a couple years tooo late. What happened to the office suite? Wabi? Wordperfect? As soon as I developed a plan to use your product, you dropped them.

      I was the guy that built most of the contrib rpm packages. I got calls from all over thanking me for the contribs... all I was doing was fixing your distro. I got tired of the Caldera attitude and switched to Red Hat. Now every server I sell is shipped with my "fixed" version of Red Hat and I buy and distribute a official copy to support RH. That could have been Caldera but they were too fucked up.

    6. Re:I see it from both sides by Ender+Ryan · · Score: 1
      Christ, you're an idiot. Sure, Caldera was ridiculed some, but that had nothing to do with Caldera trying to "make money" with Linux, it was because Ransom Love was a dipshit and made ridiculous statements w/regards to the GPL. Of course that pissed people off and turned people away from Caldera to an extent, but the real problem was that Caldera became a poor distro in comparison to the other "more friendly" companies' distros.

      Do you see RedHat, Mandrake, Slackware, and SuSe blaming any of their financial difficulties on the /. community. They've all faced financial problems, and they adjust or they, like over 90% of businesses do, fail. Mandrake is on the rocks, and Slackware had problems in the past, but looking on their site now it appears that at least some of the maintainers work full-time maintaining Slack.

      You're former employer failed because they were idiots, and your friends still working there are working for idiots. And these idiots are predators trying to make an entire industry pay for their failure. And you're an idiot if you blame their problems on the community.

      --
      Sticking feathers up your butt does not make you a chicken - Tyler Durden
    7. Re:I see it from both sides by mcgroarty · · Score: 1
      And the ironic thing is that you are all, to some degree, the ones that helped cause this.
      I think it has more to do with Caldera/SCO failing to turn out a product or a service that anyone wanted, despite having one hell of a running head start with UNIX-like OSes.

      For every SCO joke around here, there are a thousand people making MS jokes, yet the overwhelming majority of the Slashdotters are still using MS products at home or away.

    8. Re:I see it from both sides by Sgt_Jake · · Score: 0

      That is a unique viewpoint, nancy.

      SO basically, because you and yours can't take criticism or responsibility for yourselves and your company, it's OUR fault.

      Get a backbone you sissy, Caldera got pushed out of the market because it couldn't compete with RH or the others, not because some news site on the internet didn't like it. Sheesh... I haven't heard that much crying since I dumped my last girlfriend.

    9. Re:I see it from both sides by scruffy · · Score: 1
      Caldera failed because Red Hat and SUSE were better, better products and better marketing. End of story.

      I don't doubt that your group worked hard to make Caldera a great product. Life is unfair that way.

    10. Re:I see it from both sides by Anonymous Coward · · Score: 0

      I have no earthly idea why you got modded up to 5, AC, but your whole story accuses "us" of ruining your company?

      Sorry, Caldera just got it's ass whooped in the marketplace. That's all there is to it.

      Same thing with SCO and SCO Group.

    11. Re:I see it from both sides by d^2b · · Score: 1
      I'll quote my friend who still works there when I asked him about how he felt about /. persecution since the lawsuit: "Well, there's deffinately no love lost between SCO and the OS community. Things are no different now than they were before the lawsuit."

      Your friend is an optimist. On my side, before the lawsuit I had no opinion on Caldera. I wasn't in their target market I suppose since I use FreeBSD and Debian. The occasional story about Caldera on Slashdot would be mildly interesting, but made no lasting impression.

      But, now, congratulations you (Caldera) got my attention. And you are never getting any of my money. Over the last 3 years that amounts to a budget of USD100000. Most of that is on hardware, but yes FreeBSD and (now that I started use it) Debian benefit.

      Maybe I wouldn't have bought anything from you anyway. But I wouldn't have devoted effort to making sure nobody I knew did either.

      You can bet that if they do prevail, they are going to make you suffer as MUCH AS THEY CAN with no remorse, since you all have had no remorse for them in the past.
      No remorse? We were just ignoring you (Caldera) before. Now we are pissed off.
    12. Re:I see it from both sides by SQLz · · Score: 1

      No offense but Caldera Linux was a poor distro at best and thats why it got made fun of all the time.

  223. Duran Duran? by jefu · · Score: 1
    SCO as Duran Duran and IBM as Barbarella?

    OK, so that was 1960's not 80's, but still it has the right flavor of complete unreality, surrealism and camp silliness that SCO has been foisting upon us.

  224. The Black Knight by Martigan80 · · Score: 4, Funny

    SCO IS the Black Knight!

    I'm not dead yet....really I'm not dead.
    You can't kill me...I'm invincible...
    (Youâ(TM)re a loony)
    Hack-Hack-Thump...
    Alright we'll call it a draw.

    --
    This SIG pulled due to lack of funding. (This damn war is costing too much!)
  225. SCO = McCarthy? by ogre7299 · · Score: 1

    All these allegations that SCO has been making really sounds like McCarthyism. If I recall correctly from history, nothing conclusive was found from the McCarthy hearings and I trust nothing will be from these hearings.

  226. Re:Escrow and more... by towatatalko · · Score: 4, Insightful

    It is not legal, or rather legally sound, what SCO is doing to IBM, because they didn't prove anything in court, not even that they own UNIX. But they have the guts to go with it anyway. Why? "IBM believes that our contract with regard to AIX is irrevocable and perpetual and there is nothing further to discuss," said IBM spokeswoman Trink Guarino. Well, if that's the case then why IBM is not taking any preemptive action against SCO? Is that because they have nothing to worry about? IBM may win the case but what SCO is trying to do is to undermine IBMâ(TM)s business with AIX/Linux, therefore thereâ(TM)s something to worry about.

    These kind of things donâ(TM)t go unnoticed by IBMâ(TM)s clients. Theyâ(TM)ll worry about it and also if they use SCOâ(TM)s software at the same time thereâ(TM)s more to worry about it. A friend, who works for IBM said âoeour lawyers will take care of thatâ, they may, but until then IBMâ(TM)s business will suffer especially if combined with other issues like their accounting and profit reporting probed by SEC. The next stop for IBMâ(TM)s stock is around $76, down from $90 in the beginning of May this year.

    --

    IP was invented for the sake of lawsuits.
  227. Re:They license it to you, they don't sell it to y by dorfsmay · · Score: 1

    the reason normal EULAs are meaningless is because no contract terms were presented before money and product were exchanged.

    Very good point, I hadn't thought of it... Now does that mean that it is legal to reverse engineer software etc... (since you own it) ? And I mean, DMCA not-with-standing.

  228. SCO's dying gasps by SleezyG · · Score: 1

    Come to think of it, SCO reminds me of my ice hockey team in high school. Once upon a time we were just OK, then in subsequent seasons we didn't win a single game. So what do losing hockey players do in the end of the 3rd period? Earn a little respect by playing dirty and getting some penalties before hitting the showers and going home.

    What I'm getting at is that SCO has essentially no products, is going to tank within a few months, and this is a last resort attempt to gain a little cash for the shareholders. I truly doubt that this action against IBM or subsequent ones against Sun, MS, Apple, *BSD, or Linux distro X will ever come to fruition.

  229. microsoft steals? by Triumph+The+Insult+C · · Score: 1

    when microsoft did use the bsd stack, they were perfectly within the permissions granted by the license. they stopped using that bsd stack some time ago. pre-nt4 iirc.

    http://slashdot.org/bsd/01/09/24/1432223.shtml

    i got modded down as flamebait for that in another story. mods are on crack. it's real. just because it's linux, i get modded down.

    --
    vodka, straight up, thank you!
  230. IBM is staying cool by Nice2Cats · · Score: 5, Interesting
    The German online magazine Heise put it best: IBM is looking forward to a trial with groÃYer Gelassenheit, or "great sereneness". Given that the American legal system works by the rule that the guy with the most money wins (proven by Microsoft and O.J., among others), that is probably the correct attitude whatever the facts are.

    The other quote that I can't get out of my head is from Neal Stephenson's Cryptonomicon, where the Japanese Admiral Isoroku Yamamoto explains his reservations about attacking Pearl Harbor as ordered by the military junta: ...it was hard to tell them that their plan was full of shit and that the Americans were just going to get really pissed off and annihilate them. Substitute "IBM" for "Americans", and you have my feelings exactly.

    God, I love that book.

  231. SCO doesn't have a leg to stand on by Anonymous Coward · · Score: 0

    as I watch, it leans back on its bloody stumps and with a belch, prepares to pick the toenails out of its teeth.

  232. Re:They license it to you, they don't sell it to y by Lord+Sauron · · Score: 1

    No, it means that it's ok for you to buy any program (for instance: a game), try to install it, read the EULA and return it because you don't agree with the EULA.

  233. but m$ acknowledge bsd by Anonymous Coward · · Score: 0

    therefore, it's not stealing.

    the bsd licence, in a nutshell, allows free copying and use provided the regents of the university of california are acknowledged as the donors. and if you read your m$ docs carefully, you'll find it all there, word for word.

    so, m$ have complied with the bsd license, and therefore there's no problem.

    the end.

  234. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  235. Were they abused as children, too? by Anonymous Coward · · Score: 0
    SCO's the victim here?

    Of what? Scorn that their business model failed? It's not like SCO's alone in that regard - after I get off /. I'm gonna visit go fuckedcompany.com.

    Sorry, SCO's management are not dogs and need to be held to a higher standard.

  236. A mere flesh wound - I've had worse by yuri+benjamin · · Score: 1

    Why does your comment remind me of a scene in Monty Python's Holy Grail where King Arthur chops of the arms and legs of his adversary, and the adversary just sits there uttering threats and calling King Arthur a coward.

    Come on, you must have seen it.

    Kinda like SCO really. "Come back here IBM! I'll head butt your kneecaps!"

    --
    You make the mistake of thinking you can educate the fundamental stupidity out of people. You can't.
  237. FiaSCO! FiaSCO! FiaSCO! by Anonymous Coward · · Score: 0

    FiaSCO!
    FiaSCO!
    FiaSCO!
    FiaSCO!
    FiaSCO!

    ahem.

    FiaSCOOOOOOOOOOOO!

  238. Why, why, why... McBride is cashing in! by Anonymous Coward · · Score: 0

    Wonder how much of the company he own... now that the share prices are around $9, anyone who bought shares before March would make a killing.

    Have a look:
    1 yr share price

    Look at the volume traded per day, it's gone from the hundreds before March, into the millions the past two months.

    1. FUD
    2. SUE
    3. FUD^2
    4. PROFIT

  239. In other news, ... Baghdad Bob by garyebickford · · Score: 1

    has been hired by SCO as their new media relations manager.

    --
    It's easier to be a result of the past, but more fun to be a cause of the future! http://www.spacefinancegroup.com/
  240. Am I the only one expecting.... by Tiny+Wolf+v3 · · Score: 2, Funny

    ....Lou Gerstner and Linus Torvalds rushing into Ransom Love's office, ripping off his mask, revealing Bill Gates? I can picture it right now. "I would've gotten away with it too, if it weren't for your damn giant corporation, and your stupid penguin too!" ...sorry I'm just real tired of hearing SCO barking when they clearly need dentures before they can even try to bite. ;)

    --
    There was a .sig here. It's gone now.
  241. This is like Dallas by WalletBoy · · Score: 1

    This whole SCO scenario reminds me of Dallas. Think of IBM as JR Ewing and SCO as Cliff Barnes. In a typical season the viewer watches over several episodes Cliff Barnes' latest scheme to "ruin Ewing Oil" and at times it looks like he might actually pull it off. Then of course to the audience's delight, JR bounces back and Cliff is humiliated and ruined while JR smiles and laughs. I for one can't wait for the end of the season to see SCO fall on it's face while IBM smiles and laughs.

  242. So, who's winning the PR battle? by brooks_talley · · Score: 3, Interesting

    It's funny reading the comments here. Just goes to show that IBM's Linux strategy is really paying off. If this were any other pair of similarly sized companies, slashdot would be fully on the site of David, not Goliath.

    Don't get me wrong -- I'm pro-IBM in this case, and think SCO is somewhere between moronic and suicidal. But it's definitely funny to see this level of grass-roots support for such a huge corporation.

    Either we're open minded folk who can see right and wrong without prejudice, or we're so defensive about Linux that we'll side with anyone when Linux is attacked.

    Cheers
    -b

  243. Re:��Mutant Bass?! by Phroggy · · Score: 1

    Are you talking about the executives or the board of trustees?

    Or the legal department?

    --
    $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
    $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
  244. SCO doesn't expect to win! by Anonymous Coward · · Score: 1, Insightful
    You guys missed the point. SCO doesn't expect to win the lawsuit. They know that it is pointless. Let's go back 6 months or so, their stock is trading at $0.60 per share. The company is on the way down. What to do?


    Let's make some lame lawsuit against one of the biggest companies around for a ridiculous amount of money like $1 billion - now watch our stock rise 1400% while the speculators jump on our bandwagon hoping that IBM will either buy us out (profit $$) or settle the suit (easy big $$). Either way the stock will rise and anyone who bought in when stock was low is going to make a killing.


    So the question is who is selling SCO stock on Friday cause I expect that the bottom will drop out real quick.

  245. SCO dares IBM, slashdotters up in arms... by Anonymous Coward · · Score: 1, Insightful

    I read with great interest many of the comments posted after articles about SCO on slashdot. The one thing that sticks out about all the responses is the sense that the posters think that what SCO is just madness from a dying company.

    My problem with this is in recent court decisions which make me wonder about the ability of our courts to rightly throw rubbish like this out the window. Instead, I read (on slashdot even) case after case about judges who somehow, despite all logic, find in favor of the asshole party. Whether it be the RIAA, MPAA, or even SCO, I have no doubt that there is a judge somewhere just sitting and waiting to declare in SCO's favor. It is all about jurisdiction these days. And it seems like whatever is right, just no longer works out in the tech world (minus a few notable exceptions).

    I will be surprised if SCO loses! I know the facts well enough to understand SCO is ethically wrong (and even pretty much technically "wrong"), but I remember the lessons of 2600 and the DMCA and all the evils of the American court system. Trademarks, patents, copyright, blah blah, it seems technicalities are a way of life in this country. Intellectual Property somehow causes even the most reasonable of judges to inexplicably render the most retarded verdicts.

    The real madness of all this is that SCO very well may win its case, and then we will really be in uncharted territory as SCO goes after Linux and its users like the RIAA does P2P and college students...

  246. Re:They license it to you, they don't sell it to y by Anonymous Coward · · Score: 1, Interesting
    No, it means that it's ok for you to buy any program (for instance: a game), try to install it, read the EULA and return it because you don't agree with the EULA.

    But you've never really tried to return an opened piece of software, right?

  247. Do somethin creative instead by ironman_one · · Score: 5, Insightful

    Dont try to hack the SCO website as a revenge. Do something thar realy hurts instead. Like loss of development support. Stop porting applications to sco-unix and sco will die a paifull death. Does Apache, Bind, GCC, Mysql or Perl run om sco-unix today? Does the next verson have to? Who want to by a system without programs?

    1. Re:Do somethin creative instead by Jeremiah+Cornelius · · Score: 5, Interesting
      I wasn't advocating - mereley speculating.

      How do you NOT develop for SCO? They are POSIX, and have a GNU toolchain..

      --
      "Flyin' in just a sweet place,
      Never been known to fail..."
    2. Re:Do somethin creative instead by Anonymous Coward · · Score: 5, Interesting
      I don't have an SCO UnixWare box here, and I can't write Autoconf scripts for crap, but how about something like

      AC_DIE_SCO
      if [ uname -s | grep unixware ];then
      echo "SCO UnixWare is not supported by this release."
      echo "Please contact your nearest Linux vendor for help.";
      exit 1;
      fi;
    3. Re:Do somethin creative instead by Anonymous Coward · · Score: 0

      Either you refuse patches from people to fix problems with your code base on SCO, or you put in code in your "fork" to explicitly break on SCO. This works even for open source:

      Because it's open source, SCO probably have every right to continue using the code, but suddenly they are stuck having to allocate resources (and thus spend money) to maintain their own fork, since you break compatibility every release.

      Yes, its kinda Microsoftian - but it wouldn't violate the terms of any Open Source licenses that I know of (since SCO can maintain their own fork at their own expense).

      "Forking cuts both ways".

      Imagine if the "primary" or "official" or "root" (or whatever you want to call it) fork of a major project like Apache or GCC followed this policy, with the "official" tree contianing code to test for SCO and die on it threaded through it. SCO could still use apache, but the burden of maintenance of SCO-compatibility would suddenly fall to them. Since SCO has lost essentially all their working staff, leaving only "executives" and "lawyers" this would make life very difficult for them.

    4. Re:Do somethin creative instead by Anonymous Coward · · Score: 0

      Ya SCO developers will NEVER figure out how to fix that problem!

      Duh, it's GPL, as easy as you put that in there SCO can take it out...

    5. Re:Do somethin creative instead by doublem · · Score: 1

      Worked for Microsoft when they wanted to use Windows to kill Dr. Dos.

      --
      "Live Free or Die." Don't like it? Then keep out of the USA
    6. Re:Do somethin creative instead by HiThere · · Score: 1

      But do they still *HAVE* any programmers?

      I doubt they have any who would admit it. I doubt they have many. So if you add a couple of hours work per program, they probably won't be able to do it. Yeah, it's an easy fix. But first you need to trace it out, and then you need to fix it, and then you need to rebuild your distributables. And then you need to redistribute them.

      I suspect they're down to their sysadmin and a skeleton maintenance staff. Or less. So any straw is likely to break them.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    7. Re:Do somethin creative instead by Alsee · · Score: 1
      Or better yet:
      AC_FUD_SCO
      if [ uname -s | grep unixware ];then
      echo "SCO UnixWare is not supported by this release."
      echo "Continuing may result in data loss or disk curruption."
      echo -n "Do you wish to safely abort now? [y/n: n]"
      read ABORT
      case ${ABORT} in
      y*|Y*)
      exit 1
      ;;
      fi
      -
      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    8. Re:Do somethin creative instead by Anonymous Coward · · Score: 0

      They are currently working on SVR6, so I assume they still have some coders around.

    9. Re:Do somethin creative instead by Anonymous Coward · · Score: 0

      What an asinine tactic. You're certainly a Linux user in this extent.

      So, you have to decided to possibly advocate a tactic Microsoft has used for well over a decade to solidify their monopoly...for open source applications?

      Isn't this the main complaint of many MS-only hardware and software vendors? Close the source, no one else wants to use another OS?

      Maybe my Apple Macintosh roots and current OBSD inclinations show...I hate not being able to find software. (Reminds me of OBSD trying to get some simplistic bug corrections in Mozilla so that the damn package could compile without error.) In the BSD world, the community suffers not from lack of effort but of people running projects that we submit code to but, they being Linux pro, they simply don't look at. You don't want to fork a decent project and really don't want to mess with something that already has good coders, but this "we ain't going to because we don't like it" is silly.

      To pull this on OS software as a movement? That's utterly hypocritical and seems certainly ANTI-open source. I don't like SCO, never did, and after this legal crap, never will. I can choose not to use SCO OS. I realize someone with a brain can simply make code fixes so that modified anti-SCO code DOES now run on SCO, but where will this stop? Gee, don't like RH anymore, put in little tags so that it doesn't compile.

      MacOS X pissing you off? Make sure stuff doesn't compile for Darwin, eh? Gentoo becoming too BSD concept like? Make sure portage is recognized on the system and then dump.

      Gee, I think I realize what this tactic really is--script kiddies on code.

    10. Re:Do somethin creative instead by Felinoid · · Score: 1

      Also instead of waiting for the NEXT SCO release DO IT NOW.
      Just add the needed lines to prevent compiling under SCO with autoconfig AND make.
      Make offical releases saying "Patched to disfuction on SCO Unixware".
      Don't I mean malfunction? No the term suggests it works and crashes. Disfuction suggests never fuctioning at all. Not even WANTING to function.

      --
      I don't actually exist.
  248. Has anyone thought who could benefit from this?? by Anonymous Coward · · Score: 0

    You know, all through this soap opera, has anyone stopped to think about one of the biggest firms that would be positively affected by any change in the linux status? SUN? If SCO were to win, it hypothetically would mean that sun can take the high end server market, because SCO's product simply sucks. And how can a company on the downspiral take on IBM? Maybe SUN is financing this whole operation because they feel as threatened by linux as M$.

  249. SCO using Linux and suing IT? Is that correct? by buttkick · · Score: 1

    I don't know if anybody noticed, but isn't SCO using Linux? or am I telling old news. http://www.netcraft.com/whats?site=www.sco.com How da hell they want CREDIBILITY when they use the competitor OS? The matter of injuction? Ok the sue is against IBM, but in the end the problem is related to linux isn't? We know that SCO sucks, and theirs products are crap, but c'mon at least try to eat your onw dog food, even Microsoft does it, ( except for hotmail, that still runs Solaris and FreeBSD hidden in the back :-0 hehe, STILL TODAY ) Yes your honor, we suck and use Linux, but we'll sue their asses, cause there is no other way for us, as we are dying please let us grab somebody to make the fall less hard.

  250. Wait by Anonymous Coward · · Score: 0

    Has anyone stopped to consider, just for a second that they could be telling the truth?

    1. Re:Wait by Queuetue · · Score: 2, Insightful

      I't's probably not true, but It's definitely not intentional. If SCO wants .003% of the code out of the kernel, tell us what code it is, let us judge, and remove it if necessary, so we can end the infringement, imagined or real.

      Keeping it a secret is both inappropriate and intented to force thier acquisition via litigation, not to solve any IP issues.

  251. Yamamoto's quote is appropriate by Anonymous Coward · · Score: 0

    I fear all we have done is awaken a sleeping giant and fill him with a terrible resolve.

    - Admiral Isoroku Yamamoto, upon learning of the success of the attack on Pearl Harbor

  252. SCO reveals infringing code!!! by stygar · · Score: 5, Funny

    Case #1:

    #include<stdio.h>
    #include<stdlib.h>
    #inc lude<math.h>
    #include<limits.h>
    #include<time.h>

    More cases of flagrant copyright infrigement of System V source code by Linux kernal hackers is to come!

  253. Only if by Anonymous Coward · · Score: 0

    Only if the Management of SCO is still alive.

  254. Re:They license it to you, they don't sell it to y by Anonymous Coward · · Score: 0

    >Now does that mean that it is legal to reverse engineer software etc... (since you own it) ?

    Yes, it was. Under pure copyright laws this was done quite often in the US until software publishers bought laws forbidding it.

  255. Well only one important one by RevSmiley · · Score: 1

    I hear IBM has the patent on deficating.
    IBM is going to sue Darl for every shit he has ever taken and get an injunction against him ever shitting again. Darl will slowly die of his own fecal matter in pain and alone.

    --
    As you can see I don't care about my karma.
  256. Buyout??? by OneFix · · Score: 1

    I was thinking about the whole buyout theory today.

    And it occurred to me that if SCO is looking for a buyout, IBM is the wrong place to be looking. IBM was split up in the 80's (internally) because of anti-trust hearings. If IBM were to buyout SCO, it would be percieved as an attempt to gain a monopoly on the proprietary UNIX market (something Sun wouldn't be too happy with).

    What seems more likely to happen is that IBM will begin to move its customers away from AIX... It would certainly be good for the current job market if IBM were to begin focusing all of its attention on AIX customers porting their internal apps to Linux....not to mention the overnight increase in Linux support from hardware and software developers. If it were to play out this way, then it may very well be the driving force that brings the IT sector back on its feet.

  257. Management of SCO should be criminally prosecuted by rollingcalf · · Score: 1

    The senior management of SCO should be criminally prosecuted for extortion and fraud. Too bad the US legal system has no effective penalties to discourage fraudulent lawsuits and baseless litiguous coercion ... because if it did, that would mean less work for lawyers, and we can't allow that to happen now, can we?

    --
    ---------
    There is inferior bacteria on the interior of your posterior.
  258. Obligatory Friday the 13th reference by carlmenezes · · Score: 1

    The beginning of a horror story for SCO maybe?

    --
    Find a job you like and you will never work a day in your life.
  259. SCO sues Linux customers by damas · · Score: 5, Funny

    April 1, 2004: Today The SCO Group(formerly known as SCO/Caldera) sued 27 of its Linux customers for breaching SCO's IP rights on UNIX (tm).

    Darl McBride, SCO's CEO has made the following statement:
    "This move was made in the light of the fact that, like, you know, our case with IBM was thrown out of court on account that we were misleading the court in our complaint and like, you know, were trying to confuse the court on the issues of trade secrets and copyrights and like, you know, we didn't do anything to minimize our losses until we were waaaay down the drain."

    Also, SCO's CEO declared that the company was strapped for cash, depriving the board of certain commodities: "Lately, there seems to be a crackdown of some kind ... weed prices are going through the roof man ... and we're like, you know in UTAH for god's sake ..."

    SCO's lawers declared that the grounds for the lawsuits are rock solid: "Well, it's obvious they stole it from us. Yes, we sold it to them, but we didn't know it was stolen from us. And even when we knew, we kept selling it for a couple of month, but look ... this is Chewbacca ..."

    Good luck, SCO, you're gonna need it.

  260. Who cares ? by stud9920 · · Score: 2, Funny

    Who cares if Linux is forced into death ? The Hurd will be ready any day now...

  261. guess what... by geoff+lane · · Score: 3, Insightful

    ...nothing will happen. Those running AIX systems are not going to switch them off. The courts won't tell IBM to stop selling AIX unless and until the contract questions are settled.

    SCO plays lousy poker.

  262. Remainder Bin - please tell me hwo stupid I am by tqft · · Score: 2, Interesting


    In the case SCO win (if it si possible)

    At various discount bookstores around town there are copies of Caldera linux distros (old) at fairly cheap prices. If I buy one and then any linux distro I like, I am protected from SCO because I am a customer. There are some in a remainder bin I think.

    I don't like giving in to obvious stupidity and I don't like breaking the law, but running Win98 is not good for my physical or mental wellbeing.

    --
    The Singularity is closer than you think
    Quant
  263. I was right all along! by shippo · · Score: 2, Insightful

    When I first started using SCO XENIX back in the 1980s, I always thought that "The Santa Cruz Operation" sounded like a wing of the mafia.

    Now with these extortion tactics I seem to have been proved correct all along!

  264. IBM and the Open Group by oohp · · Score: 1

    Doesn't IBM have the UNIX license from the Open Group?

  265. Come again? by rjh · · Score: 1

    When I first read that, I read it as International Business Marines.

    I immediately thought, "Man, I knew IBM had some badass attorneys, but this is boss. Where's their recruiting office?"

  266. i've got a deadline for sco! by Anonymous Coward · · Score: 0

    i've got a deadline for sco, but i'm not telling them
    what it is about or when it is up. things are really
    gonna be different in sco land when my deadline is up.
    if they don't settle with me by my deadline, i've got
    another deadline. they're really gonna get it when they
    find out what it's about. i'm not even gonna tell them
    who i am, but they better settle by my deadline.

  267. libel by oohp · · Score: 1

    SCO told a lot of lies, they even took some quotes out of context and quoted open-source advocates (RMS, Bruce Perens) on their website. Now thay're claiming IBM customers will lose their AIX licenses. I guess anyone can sue them for libel now. But what good will it do? They're already ancient history.

  268. ... but then he comes back on and says... by MonopolyNews · · Score: 1

    ... no... I've changed my mind. One Billion!

    -(+1 Informative) AC

    --

    Slashdot Journal on Monopoly News
  269. I love this place! by $rtbl_this · · Score: 1

    Only on /. can you get modded "+1 funny" for explaining someone else's joke. :)

    --
    "Are you being weird, or sarcastic?" said Emma. I said I didn't know because I get the two feelings mixed up.
  270. if you buy put options for SCO now, by nietsch · · Score: 1

    will you be f*cked when they go bankrupt or will you be rich beyond your dreams of avarice?

    SCO seems to be playing up-the-shares, why shouldn't you play along and bank on the end result of that game?

    --
    This space is intentionally staring blankly at you
  271. Is this legal??? by Ripplet · · Score: 1
    Let's assume that what we're all thinking is true, that this is just a complete FUD campaign to boost the stock price.

    So far it's working pretty well, "SCO's shares have skyrocketed in the past year to $8.65, its latest close on Wednesday from a 52-week low of 60 cents."

    So let's also assume that on friday, the top SCO guys are just going to dump their stock and disappear or something. Is this really legal?

    I am not a lawyer (see notes 1 & 2), so please tell me someone. This must be dodgy dealing, or tacky trading, or impossibly inflating indexes, or some other illegal thing. Or can they just get off scot free.

    Well, at least until the 1500 hundred companies and a certain company who inspired the name HAL come down on them like a ton of bricks for harming the industry).

    Note 1 - "I am not a lawyer" means IANAL, for those of you who were wondering.

    --

    Skiing? Check out The Independant Skiers Portal

  272. And the temporary restraining order? by Tsu+Dho+Nimh · · Score: 2, Insightful

    I'm expecting IBM to walk into court Friday or first thing Monday with a request for a TRO to be in effect until the conclusion of the suit, based on the unliklihood of SCO being able to prevail in their case against IBM.

  273. IBM's reponse: by Morologous · · Score: 1

    Wipe them out. All of them.

  274. Cryptonomicon by Anonymous Coward · · Score: 0

    What were the American going to do? Come and beat us? Ha ha ha! Pass the sake and bring me another comfort girl!

  275. Noobody expects the SCO inquisition by Anonymous Coward · · Score: 1, Funny

    SCO: Noobody expects the SCO inquisition, our chief weapons are
    ONE fear
    TWO surprise
    THREE ...
    There is no third thing. Um lets start again.

    Noobody expects the SCO inquistion, our chief weapons are
    ONE fear
    TWO surprise
    THREE ....A ruthless devotion to Bill Gates

    Cardinal Biggles Poke them with the SOFT CUSHIONS...
    CONFESS, CONFESS......LINUX......CONFESS.

    CARDINAL BIGGLES: Doesn't seem to be hurting him lord.
    SCO: He must be made of tougher stuff.

  276. Why is SCO doing this? by Ridgelift · · Score: 1

    This pretty much sums it up for me

  277. Interesting... by TheConfusedOne · · Score: 1

    I don't know, maybe he was named "Darlene" before the SC Operation?

    Hmmm, conspiracy theory time? :-D

    SCOSource == Somebody Copied Our Source?!?

    --
    --- I wish I could hear the soundtrack to my life. That way I'd know when to duck.
  278. The term is called 'estoppel' by Jim+Hall · · Score: 1

    If you sell someone the right to use a peice of software, you are essentially selling them intellectual "property" (gee, thus the term.) Unless the contract specifies otherwise, the grant is perpetual ...

    The term everyone is looking for is called estoppel, which basically means that they can't retroactively change the terms of your license. IANAL. SCO can deny further use of the UNIX license to IBM for AIX, but that doesn't mean the copies of AIX that I am using now will in any way become "invalid".

    SCO seems to be out on a limb here. 6/13 deadline or not, this won't have an immediate impact on current AIX users.

    -jh

  279. Do they have fact checkers?? by spotteddog · · Score: 2, Informative

    The article claims SCO developed the first Unix for Intel chips. IIRC AT&T sold an intel based pc that ran System V Unix way back in 1986 (I sold a few of those back then).

    Kind of makes me doubt the other facts in the story.....

    --
    . there used to be a sig here.....
  280. Re:Escrow and more... by Anonymous Coward · · Score: 0

    It may be that IBM want SCO to be declared "owners" of the linux codebase, and only then will they step in and buy SCO.

    Currently, Linux is "owned" by developers themselves. Almost all big businesses would much rather those developers were wage-slave chattels of their executive overlords, and that the code the devlopers produce "belong" to them rather than to a loose-knit collection of individuals (GPL is not public domain...)

    Essentially, the whole SCO vs. IBM suit might be an elaborate pantomime, a way for "executives" and other such neofeudalist scum
    to have Linux declared "owned" by a single, easily tracked, legal entity.

    Microsoft, I would imagine, would much rather IBM "owned" Linux than a swarm of independent developers that aren't necessarily even motivated by money.

    (I have quoted ownership terms because I personally think the idea of owning a pattern of information is kinda absurd, but that doesn't change the above argument.)

  281. As per Buffy by monopole · · Score: 2, Funny

    as per the episode "Fear, Itself"
    Buffy: This is SCO?
    Xander: Big overture. Leetle show.
    SCO (in a tiny, high-pitched voice): I am the dark lord of nightmares. The bringer of terror! Tremble before me. Fear me!
    Willow: He... he's so cute!
    SCO: Tremble!
    Xander: Who's the little fear demon? Come on, who's the little fear demon?
    Giles: Don't taunt the fear demon.
    Xander: Why, can he hurt me?
    Giles: No. It's just... tacky.

    SCO: They're all going to abandon you, you know.
    Buffy: Yeah, yeah.
    Gachnar: Wait, wai-- //Smoosh!//

  282. Oh NO! by Quixadhal · · Score: 1

    SCO President and Chief Executive Darl McBride told Reuters News. 'We've basically mapped out what we will do. People will be running AIX without a valid license.

    Wow, those 4 people will be really bummed, and on Friday the 13th too!


    SCO's scheme for proving Linux violation:


    "Have you seen the grail?"

    "We already got one!"

    "The HOLY grail?"

    "Yes, yes, it's ah very nice. Go away stupid English Kniggits!"

  283. How can this work? by nahdude812 · · Score: 1

    "People will be running AIX without a valid license."

    Can someone with a better legal understanding than mine tell me how you can revoke a license like this? Wouldn't they FIRST have to PROVE in a court of law that IBM violated the license contract, and thus was in default of it? I can't just say "*I* /suspect/ you of swapping my copyrighted material online because you use a p2p system, thus I revoke all your rights to the copyrighted material in question." Isn't the onus of desolving a contract (license) on the party attempting to desolve it? And don't they have to do so through the legal system by suing IBM?

    Also, how can you give someone a license to resell, later revoke the lincense from the reseller, THEN accuse the end users of license violation. If you could, then hot dog, you could make a mint like this. Next SCO will be filing a lawsuit against all Fortune 500 companies for violating a revoked license that DOESN'T EVEN HAVE THEIR NAME ON IT, when they purchased the software while it was still good.

    1. Re:How can this work? by SuiteSisterMary · · Score: 1

      Well, presumably, the license agreement states something like 'you agree that you hold this license at the whims of the Licensor, who retains the right to revoke this agreement at any time. Dance, puppets, dance.'

      Is that legal and binding? Who knows. Maybe the license happens to come up for renewal on Friday.

      --
      Vintage computer games and RPG books available. Email me if you're interested.
    2. Re:How can this work? by nahdude812 · · Score: 1

      But the only defaults on the license would be products sold AFTER the expiration of the license, all previous products would be covered under the old license, no?

  284. What the actually title for this story should be.. by f0rt0r · · Score: 1

    With friggin' lasers attached to their heads?
    Sort of, we couldn't afford the deadly, steel welding lasers, but the laser pointers we took from the conference room look real menancing taped to their heads.

    --
    I can't afford a sig!
  285. Sco sco sco sco by Anonymous Coward · · Score: 0

    killkillkillkill

  286. SCO execs will have a quite internal meetings, by walterbyrd · · Score: 1

    in which, they will announce that they consider IBM's UNIX license to be revoked.

    IBM will continue doing business as usual.

    And that will be the end of it.

  287. Unfortunately, SCO claims has much bigger effect by demiurg · · Score: 1

    Unfrotunately, SCO claims has much bigger effect then you might think... on Linux.

    IBM does not care, but we are forgetting that this whole case is actually against Linux, not IBM. SCO can't possible harm IBM but they can (and already did) significantly harm Linux.

    I'm working for a very large company that recently started using Linux and I can tell you that all this scandal around Linux had very significant negative effect on Linux, at least in my company.

    I suggest we stop caring about IBM (IBM will survive no matter what) and start caring about Linux, especially about Linux reputation in corporate market. It was harmed very badly by SCO.

  288. Settle? IBM could crush them for a tenth of that by jACL · · Score: 1

    SCO's market cap is only $110 million, and they want to settle for a billion? IBM could eat them for lunch, save 89%, and GPL the Unix source so it could never happen again. I'm not sweating one bit over this.

    --
    "It remains to be seen if the human brain is powerful enough to solve the problems it has created." Dr. Richard Wallace
  289. Hmmm It sounds like SCO is going to go down! by MrJerryNormandinSir · · Score: 1

    This sounds like the end of days for SCO.
    IBM is a much bigger animal. More money = better
    lawyers.

  290. Automatic dictator replacement system by seniorcoder · · Score: 1
    Isn't it amusing that we're all on the side of IBM who have had a history of abusing their position as a monopoly within the IT industry.
    Nowadays, IBM seems to look like a good guy versus the evil Microsoft.
    I wish we didn't have this habit of empowering new evil dictators that are even worse than the previous ones ...

    Solution: OPEN SOURCE

    Wake up you development sheep.
    Stop blindly following the herd.
    Take control of your destiny and make a difference.

  291. hyundai automobiles, lindows by moojin · · Score: 2, Interesting

    hyundai automobiles in the late 80s and early 90s sucked. they were the joke of the car industry for a while. they retreated and when they came back... well just look at the cars around you in a traffic jam, a lot of them are hyundais. who knows they may still suck, but consumers seem to be motivated to buy them.

    lindows is a relatively young distrobution, but they have sales channels through tiger direct, walmart, kmart etc. their mission was to provide the average consumer with a linux operating system. they are succeeding more than failing.

    these are two companies who a) had a bad reputation and managed to turn it around to become successful or b) a linux company which decided to focus on the consumer desktop market and is somewhat successful.

    i can't really comment about caldera and the OS community being against it, but taking the two examples i have just given, it is clear to see that the problem caldera had was not just the OS community.

    --
    Why did I lurk so long before registering for a Slashdot account? I could have had a Slashdot ID of less than 100000.
  292. SCO please.. Shutup and die!! by Viduliya · · Score: 1

    I wish SCO will shutup and die quickly like the the little company that has never been! IBM should squash them like a bug. What are they waiting for?

    SCO giving IBM a dead line of tomorrow? Haha.. they must be having delusions of grandeur their last moments.

  293. Re:Stop!! (WHOA!) by gosand · · Score: 1
    I don't know, maybe he was named "Darlene" before the SC operation?

    You mean before the Sex Change Operation? . . . S . C . O . .

    whoa

    --

    My beliefs do not require that you agree with them.

  294. Boycot by Anonymous Coward · · Score: 0

    I'm setting my box to ping www.sco.com tomorrow all day long, not much, if I stay alone, so who's with me?!?

    1. Re:Boycot by bzImage8 · · Score: 1

      ok, im with you.. i hope another thousands also..

      BTW: i use to work at SCO, and this attitude they are taking its just absurde and dumb.

      SCO use to be a good company 4 or 5 years ago..

      Now its just a bunch of $#@#$@#$@@^&%^

      --
      Unix its simple, but sometimes it takes a geniuos to understand the simplicity -- Dennis Ritchie
  295. The problem is... by LilMikey · · Score: 1

    The problem is Mr. McBride was mis-quoted. The quote:
    'If we don't have a resolution by midnight on Friday the 13th, the AIX world will be a different place'

    should have read:
    'If we don't *get bought* by midnight on Friday the 13th, *we* will be in a different place'

    --
    LilMikey.com... I'll stop doing it when you sto
  296. OMG, He's Right! by Prince+Cyph0r · · Score: 1

    Now, It's Official [theinformationminister.com]

  297. No, it means geek bargains. by twitter · · Score: 1
    does this mean /. will stop posting sco stories on saturday? yay!

    What, you want to miss the Santa Cruz Out-a-business sale? I suppose so, you did not care to read SCO's latest rantings, a 48 hour warning to AIX users. Well, you cared enough to read deep into the comments and spam them with your stupid, "Slashdot Editors Suck" post. Let's look at your other posts. Yep that's what I thought, pure troll without a single tech post demonstrating ownereship or care of anything.

    --

    Friends don't help friends install M$ junk.

    1. Re:No, it means geek bargains. by Falcula · · Score: 1

      Actually, when Caldera moved to their new building it was furnished. They liquidated a lot of office furniture and I got a few tables, some whiteboards and a couple garbage cans for $25

    2. Re:No, it means geek bargains. by outsider007 · · Score: 1

      Yep that's what I thought, pure troll without a single tech post demonstrating ownereship or care of anything.

      what's your point?

      --
      If you mod me down the terrorists will have won
  298. You´re confusing SCO with AIX by Anonymous Coward · · Score: 0

    SCO is nowhere. AIX is everywhere.

  299. Re:They license it to you, they don't sell it to y by johnnyb · · Score: 2, Insightful

    No, it means you can disregard the EULA entirely. If I buy a house, and then when I get there there is a sign on the door saying "by entering this house you agree to the following conditions..." I can freely rip that sign off the house because I have already bought it. They CAN'T add additional qualifications.

    Now, that does not invalidate their copyright - their copyright exists even without the EULA. However, any term of the EULA that goes above normal copyright law can be simply ignored.

  300. Once the web server is compromised... by Anonymous Coward · · Score: 0

    What should be written to deface the site? How about:

    Sorry, our license has been revoked. SCO is no longer able to service your needs.

    1. Re:Once the web server is compromised... by Guy+Innagorillasuit · · Score: 0

      How about:

      I'm a childish moron, eat defacement you big SCO meanies!

  301. I use AIX at work by leeet · · Score: 1

    We willingly and legally paid IBM for an AIX license. I doubt that this license (and all others) will be void for the following reason:

    When we bought this software (and license), we agreed to buy a product that was legal at that time. Both companies faithfully engaged in a mutual contract and although there is appearance of a fault now, I believe it shouldn't invalidate this contract. I see that IBM might have to pay a damage fee, but I doubt any judge will invalidate all previous licenses.

    One thing for sure is that saturday the 14th, my machines will be up and running AIX whether or not we're "legit".

    Offtopic remark: I always thought that SCO sucked but this is beyond me.

    --
    -- Leeeter than leet
  302. Re:They license it to you, they don't sell it to y by Anonymous Coward · · Score: 0

    You aren't buying the software as you suspect; instead you are paying for the media, the manuals, and the pretty box. What you do with the contents of that media (be it CDs, DVDs, etc.) is still governed by what the license that comes with it states.

  303. Irrelevant by UID30 · · Score: 2, Insightful

    IMHO, SCO has been an irrelevant sideline player in UNIX for my entire computing career. I do not expect that to change now that their business model has evolved to litigation rather than programming.

    --
    "Glory is fleeting, but obscurity is forever." - Napoleon Bonaparte
  304. Re:Boycott by Anonymous Coward · · Score: 0

    Be sure to FLOOD PING, not regular.

  305. Judgement by Anonymous Coward · · Score: 0

    The pertient response from IBM should be something along these lines...

    Ohhh noooo! Weeee'ree sooooo scared! *snicker*

  306. Re:Escrow and more... by fred_sanford · · Score: 1

    IBM's stock is at $84. Compared to the rest of the players in this drama I do not think that they have anything to worry about. IBM's stock has followed the trends of the DJIA almost exactly for the last 8 years (DJIA up, IBM up etc.) Stock prices depend on more factors than this one little incident. Even SCOX has bounced back to $8.

  307. Why worry? IBM can afford Johnny Cochran! by A55M0NKEY · · Score: 1

    I'll bet he won't even NEED to use the Chewbacca defense on this one!

    --

    Eat at Joe's.

  308. Re:They license it to you, they don't sell it to y by bwt · · Score: 2, Interesting

    Don't buy into the "software isn't sold, it's licenced" mentality just because the big corps claim that is the way it works. The reality is that courts are divided on the issue and it has never been settled definitively. It is precicely for this reason that UCITA was persued so agressively, but remember that only two states passed it and some even passed UCITA non-enforcement laws.

    I believe that eventually the law will conclude that you need a licence in order to make a copy, but that once made, that copy is sold normally through the transactions that move it through retail distribution. The recent case Adobe vs Softman adopted this view (to the minimal extent needed to decide the case).

  309. sad, sad times by wer2chosen · · Score: 1

    Isn't this the same Caldera that bought DRDos from Novell for $1 to create openDos, to stick it to MS? Are they not the same ones, who made a great little linux distribution, that was perfect to give friends who couldn't make it through Red Hat's install process. What happened to them?

  310. Great book by C4pncrunch · · Score: 1

    Cryptonomicon is a great book. Along the same lines as your book analogy IBM probably has the intelligence to know what is going on behind the scenes at SCO.
    This intelligence would be much like American cryptanalysts who had the scoop on the Japanese navy but managed to keep a lid on it until they could take maximum advantage of it.

    --
    It's not bad english, it's a glitch in the Matrix. It happens when they
  311. IMHO, this latest tactic... by Muad'Dave · · Score: 1

    reeks of barratry. They've sued, and are now unwilling to wait for a trial _they_started_? They're trying to force IBM to settle, when their only legal recourse is an injunction or trial? Huh?

    --
    Tiller's Rule: Never use a word in written form that you've only heard and never read. You will end up looking foolish.
  312. Is it true? by ytr · · Score: 1

    Is it true that Baghdad Bob has joined the SCO legal team?

    If so, it suddenly all makes sense.

  313. i think i've found an interesting bio-statistic by LifesABeach · · Score: 0

    i could be wrong; but its starting to look like there are more horses asses at SCO, than horses.

  314. Screw 'em by knobboy · · Score: 1

    If SCO wants bought out and wants to be jerks about it, then IBM should buy them and layoff everybody immediately upon close of the deal.

  315. Help me understand this by termix · · Score: 1
    How could SCO possibly be sure that the SCO unixware code has not been used in windows, or by anyone else that has a license to it? The only reason why they could even think about going after Linux is because its open source.

    Can they force microsoft to revel the source to windows to make sure they have not used any unixware code?

  316. IBM hires team of proffesional killers. by Anonymous Coward · · Score: 1, Funny

    AyePee: June 11, 2003.

    IBM released their landmark settlement to the SCO Unix patent infringement case today, delivering a surprising but pleasing outcome.

    For the first time in the computer industry, IBM has decided to just eliminate the SCO Group from the face of the Earth using a team of highly paid professional killers. Headed by John Carmack, the inspiration for the Doom and Quake series, the team is being paid half of the proposed settlement fee of $1Billion to put a halt to SCO's inflammatory and pathetic attempts to bilk money out of supergiant corporation IBM.

    A top IBM executive was quoted as saying: "Just deal with em', John. We expect nothing to be left. (evil laughter)."

    Stockholders participating in the SCO Group are reported to be dumping their stocks at a record pace, and are shredding all records of any affiliations with the company.

    A key player in the Group was able to tell us this amid his conversation with his stockbroker, "Despite the CEO's insistance that hiring a counter-team from Sierra will take care of this, I just don't think anything good is going to come of it. I mean, John Carmack? They say his Armidillo Aerospace Division has developed some sort of space-based weapon system. How do you deal with that on such a limited budget? No, I said sell, damnit!!! Sell."

    We were unable to reach Mr. Carmack for comment due to his extensive preparations, but a representative stated that we would be able to watch their company's official position on the SCO Group in the new Doom video game. And that it would be bloody. Very bloody.

    More updates and pictures of the destruction of SCO Group headquarters will be available sometime next week.

    DISCLAIMER: Everything said here is the copyright of everybody you think it is, and hopefully none of this is true. Please don't sue me!

    1. Re:IBM hires team of proffesional killers. by Xeleema · · Score: 1

      I don't think IBM has to hire out, I'm sure there's plenty of people who'll do it for free. Perhaps a few wouldn't mind an IBM BladeCenter for there troubles...(what was that? "Find them and destroy them"? Like the mob on Hoffa...)

      --
      "When I am king, you will be first against the wall..."
  317. Ooh, Ooh, I've got one: by bhsx · · Score: 1

    Yeah, c'mon dumb-dumb, do somethin' unintelligent there- Moe Syzlak

    --
    put the what in the where?
  318. So.... do you? by reality-bytes · · Score: 1

    Use the little exit road from the services which takes you onto a minor road in Frankley near the Brothel on the Hill instead of carrying on to the A38 junction like a good little boy?

    Well, do you?

    Naughty Naughty :)

    --
    Ripping an new rectum in the fabric of spacetime.
  319. Re:Escrow and more... by AvitarX · · Score: 1

    It still won't revoke the fact that the vast majority of code was contributed fairly to the GPL, including some of it by IBM themself. The worst case scenario is that they go back to a pre-IBM kernel and very quickly reproduce all the work done since then (second time is always easier). It may not be the 3 day patch peopele are talking about, but I doubt it would take longer then 6 months. And may even turn out a better product.

    --
    Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
  320. Re:News for Nerds: IBM can take care of themselves by Znork · · Score: 1

    SCO has absolutely no claim whatsoever to do anything at all to any Linux users. The amount of code talked about is so little it would pass under fair use quoting, it would be have been done in good faith if it has been done, they'd have to prove it's their code in linux and not linux code in SCO (I personally think SCO's the one who's been doing any cut'n'paste here), they'd have to get out of the problem that they themselves have been distributing the code as part of their linux distribution and as such released it under GPL and even if they did 'win' they'd just get an order to remove the code in question which could be done in days.

    Since they basically cant get shit out of flinging around Linux lawsuits they'll have to go against IBM on the claim that IBM did something nasty during the Monterey project. Hang the blame for their collapsing market onto IBM's alleged leakage and claim damages for it (god forbid anyone should realize their market is collapsing because their products completely, totally and utterly suck compared to pretty much anything written in the last decade).

    They're gonna get smacked around so bad they dont know what hit them.

  321. Re:They license it to you, they don't sell it to y by Anonymous Coward · · Score: 0

    But what you're buying is the right to use Windows or any other software.

  322. Re:They license it to you, they don't sell it to y by Minna+Kirai · · Score: 1

    Although it's clear that shrinkwrap EULAs are legally meaningless (anything included in the box, either on paper, or click-thru in the installer), online EULAs may be more enforcable.

    An EULA that came with the original distribution media is only an obstacle to installation, and installation is something you've already bought the right to do. There's no exchange of consideration, and there's no communication between the parties of the contract.

    However, if you download additional materials, like the requisite security updates for Microsoft(tm) Windows(r), there may be an additional EULA to click through.

    The publisher would have a stronger case to enforce that contract, because you recieved additional goods in exchange for clicking on it. The patches were not promised with the original purchase, so "consideration is exchanged". The claim is even stronger if the click-thru agreement is required before the download occurs.

    Of course, if this argument succeeds, and is cemented in precedent, Microsoft(tm) would have innovative ways to boost revenue, if they ever hit a surprise cash-crunch in the far future. They could randomly apply different EULAs to individual patching customers. Most would be normal, but 1% might include promises to pay an additional $299 for the enhancements. The bill will arrive 30 days after the download.

    (That scenario sounds crazy- but if EULAs are binding, there's nothing to stop it)

  323. Re:They license it to you, they don't sell it to y by Rich0 · · Score: 1

    This is of course contrary to the spirit of just about every consumer protection law that exists.

    Suppose after buying a car and turning on the ignition the car announced that by driving the car you agree to hold the manufactuer harmless if it just randomly blows up and kills everyone inside. These kinds of disclaimers are generally accepted at ski resorts where everyone recognizes that you are trading safety for entertainment. However, these sorts of disclaimers would be found illegal in a court if applied to a car. Suppose the reason the car blew up was traced to bad software in the engine control system. Would the fact that it is software make it possible to avoid blame for making a dangerous product? Of course not.

    Every vendor in existance would like to have no liability for anything they make. Laws exist to prevent this. Now, I can see some point in limiting liability for use beyond the basic design. If you use your word processor VB script to control the space shuttle obviously you are going beyond the intentions of the designer. On the other hand, if a VB bug wipes out a quarterly report and incurs a financial loss for the user, the vendor who made the faulty software should be liable. The difference is that word processors are not designed to control space shuttles, but they are designed to prepare business documents. A programming error in the user-designed script would not be grounds for suit, but if the Msgbox statement in VB formatted the HD, that would be a different story...

  324. SCOX stock has been going up the whole time. by doublem · · Score: 1

    Their stock price has been going up throught this whole thing, they took a few hits, but they've recovered.

    SCO is making a LOT of money on this, and no amount of complaining on slashdot will change that.

    Check out the three month view here

    Notice how the stock price keeps going up.

    --
    "Live Free or Die." Don't like it? Then keep out of the USA
  325. Overlooked point by Anonymous Coward · · Score: 1, Interesting

    As far as I can tell, nobody has yet mentioned that when IBM introduced AIX and for years and years afterwards, it neither contained Unix code nor bore the Unix logo. AIX gained a sizeable chunk of the "Unix" market share without actually being Unix at all, at least not in any technical sense.

    This was well-known among systems administrators who grew up with SunOS or other versions of Unix and who were forced to work with AIX in their day jobs. AIX does everything differently, which leads to frustration of the system administrator when nothing he knows works. ("Why can't they just use /etc/fstab like everyone else instead of this hundred-line-long /etc/filesystems thing?!?" and "Why why WHY did they have to invent ODM?" were both common cries.) Anyway, the point is that after each frustrating experience, every Unix-guy-but-forced-to-do-AIX systems admin would repeat the mantra "Well, Unix is supposed to do it that way, but of course AIX isn't Unix."

    One of the common jokes of the day (besides "smit happens") was this: "What does AIX stand for? AIX Isn't UniX!"

    In case you're wondering, my point is this: IBM was able to successfully sell hundreds of thousands of RS/6000 machines and AIX licenses before it got the opportunity to call it "Unix" (which happened when the Unix trademark began to denote a spec instead of a codebase). If AIX wants to do that again, it can. IBM may have included some System V code since then, but it can fix that and keep selling the machines and the operating system.

    1. Re:Overlooked point by Anonymous Coward · · Score: 0

      Everybody has missed a very important fact. Groupe Bull also shipped thousands of DPX20, really RS6000s. From a personal point, I can say that AIX may be a 'UNIX' but it sure acted very strange at certain points.

  326. Why did Caldera fail? by emil · · Score: 1

    Caldera was arguably the most technically advanced distribution in several phases of the history of Linux. Caldera's distribution was the first with a graphical installer ("Lizard?"), Caldera's kernel contributions are voluminous, etc.

    While problems at Red Hat continue and multiply even to this day, every single binary in the distribution comes with source and has since the removal of Netscape Navigator.

    You at Caldera were only too happy to base your installer on the closed QT, and we owe nothing to you for the GPL QT. Like your friends at SUSE et al, you commingle closed-source applications in your distribution.

    If you as Caldera, or Tarantella/SCO, or SUSE had insisted upon open code from the beginning, you would be in Red Hat's position now, since Red Hat was technically inferior.

    You did not insist upon open code. Tough break.

  327. The problem with Caldera Linux by downwa · · Score: 1
    I can't speak for all Linux users, but I had no problem with Caldera trying to make money with Linux. Rather, it was their lack of cooperation with the community that bothered me. The distribution was one of the nicer ones for the time. It had the first installer to let you play a game (Tetris) while installing. Yes, there were some incompatibilities with RedHat, but it was freely downloadable like all the other Linux distros of the time. And, if I had been recommending distros for purchase at the time, Caldera would have been on the top of my list.

    However, when I wanted to customize the GPL'ed installer, the Caldera sources were broken and it seemed as if they didn't want to allow customization, even though the sources were under the GPL. It was as if Caldera was doing the minimal to fulfill the GPL, but not really wanting to be part of the community. Mind you, nothing required them to make their installer GPL'ed, and nothing required cooperation with the community, but I believe the attitude that Caldera first exhibited, led to the disdain that the community felt for them, even before this fiasco.

    Perhaps it was also a matter of unclear licensing policy. Since nothing requires an entire distribution to be under open source licenses, a distributor could certainly claim the right to limit distribution of the entire collection of software as a unit. However, it should be clearly spelled out, in that case, that the customer still has the right to freely distribute the open portions of the software. Which portions are distributable and which are not should also be clearly spelled out. Perhaps Caldera had not completely figured this out at the time. As other distributions have also had to work out the issues, it has become more clear what they are. Open source fans can then be reassured that the software they created won't be restricted, and proprietary companies satisfied that they will still be able to make a profit (economy permitting).

    --
    Life's a lot like money-- you spend it, then it's gone. Spend wisely.
  328. actually, I don't think you do by overbom · · Score: 1

    Golly, I guess it's our fault that Microsoft is such a bad company too, then. I wonder what bad things slashdot is going to make them do as well.

    Hrm. Suing IBM is pretty mundane for a company as big as Microsoft. My guess is that they'll sue everybody on the planet, for a million zillion bajillion dollars.

    Come on. I've tried to purchase Caldera products before for our school. They don't give an educational discount (which I can understand), their mail and messaging server is more expensive than exchange (for crying out loud!). Caldera basically did everything in their power to prevent me from doing business with them. If they treated all of their customers like I got treated, they deserve what they're about to get -- a steel-toed boot kick to the head.

    You can bet that if they do prevail, they are going to make you suffer as MUCH AS THEY CAN with no remorse, since you all have had no remorse for them in the past.

    What a marvelously enlightened moral philosophy that is.

  329. feeding the hand the defines you by Anonymous Coward · · Score: 0

    //#define // thank god for open source development // lets try something better #include

  330. IBM's response by ces · · Score: 1
    I'd imagine it'll be something like:
    "The path of the righteous man is beset on all sides by the inequities of the selfish and the tyranny of evil men. Blessed is he, who in the name of charity and good will, shepherds the weak through the valley of darkness, for he is truly his brother's keeper and the finder of lost children. And I will strike down upon thee with great vengeance and furious anger those who would attempt to poison and destroy my brothers. And you will know my name is the Lord when I lay my vengeance upon thee."

    Or perhaps just:
    "Hear me talkin' hillbilly boy? I ain't through with you by a damn sight. I'm gonna get medieval on your ass."
    --
    Happy Fun Ball is for external use only.
  331. Security updates should be "recalls" by mwa · · Score: 1
    Securuity patches are fixes to safety issues and are, therefor, equivalent to product "recalls". Bring your car in and we'll fix it free is simply replaced by download this and you'll be more safe. I don't renegotiate my car purchase when I get recall repairs done, and I don't acknowledge any negotiation when I get security patches.

    They sold me something dangerous. They fix it free.

  332. SCO's Insiders trying to cash in??? by Windbag40 · · Score: 1

    Anyone noticed the recent selling going by SCO insiders? Are they trying to cash in now while the getting is good? Michael Olson VP 6000 shares @ 8.60 Robert K Bench CFO 7000 shares @ $9.30 Jeff F Hunsaker VP 5000 shares @ 8.90 Opinder Bawa VP 7916 shares @ 6.60

    1. Re:SCO's Insiders trying to cash in??? by Anonymous Coward · · Score: 0

      Nearly all the above are "Automatic Sale"s. (I guess meaning sell when the price hits a certain level). Isn't that the Martha Stewart defense (just in her case some people claim it was a post-fact document falsifying move, trying to save her butt). In any case: is it not considered insider trading if you set something "automatic" like this up in advance (3-4 months)? I certanly think it should be!

    2. Re:SCO's Insiders trying to cash in??? by mrBoB · · Score: 1

      Sounds to me the law should be clarified to allow for intent... if there is a way to prove it. Obviously if SCO Group thought this out months ago, and all the big-wigs decided at _that_ time to set up an "automatic" sell ( knowing full well they were _planning_ to wreak havoc on the market that would cause changes like this in the stocks) they should be held for fraud and any pertinent SEC violations. Otherwise, they are getting off on a technicality. And this goes for Martha too, damnit!

  333. I think i have found it. by 1seconddelay · · Score: 0

    SCO needs a way to make sure that its Unix programs aren't being pirated. The only way to do that is to make sure that the appropriate libraries arent being copied, stolen, etc.. from unix to linux. Apparently they think they can license the libraries and make $. The linux API's do not allow unix programs to run without the libraries. SCO naturally wants their applications to work on linux cause they make $ that way. They accuse IBM and Redhat, and Suse of giving the knowledge of how to incorporate unis libraries into linux. It wont fly, because in there white paper (linked above) they state that the native linux API is open source and therfore i take it "clean". I hope someone out there reads this and lets me know if what im reading is correct. So in essense they want us to buy a 140$ system v license in order to run unix programs that we do not even need. See? The linux libraries are NOT infringing on system v code if they are left native. The problem is when corp. xyz decides to migrate from unix to linux and keep their nifty system v programs. Please read scos white paper below. http://216.239.51.100/search?q=cache:9oosxEZ-zpoJ: www.caldera.com.br/scosource/download/ssvl_white_p aper.pdf+system+v+in+linux&hl=en&ie=UTF-8 http://216.239.51.100/search?q=cache:9oosxEZ-zpoJ: www.caldera.com.br/scosource/download/ssvl_white_p aper.pdf+system+v+in+linux&hl=en&ie=UTF-8

    1. Re:I think i have found it. by 1seconddelay · · Score: 0

      damn it here it is. http://www.google.com/search?hl=en&lr=&ie=UTF-8&oe =UTF-8&q=system+v+in+linux&btnG=Google+Sea rch

  334. Re:They license it to you, they don't sell it to y by Anonymous Coward · · Score: 0

    Uh, nice off-the-cuff reasoning there, but no, you are not purchasing the software--you're just licensing it. Regardless of whether or not the applicability of shinkwrap agreements or EULAs is controversial, the concept of licensing intellectual property is not. What you are buying is a box, some paper and a disk.

    Just like when you buy a book, you don't gain the right to print your own copies and sell them. That is, you are not buying the underlying protected work, and that's just the protection afforded by copyright law.

    Another way to look at it is that regardless of the fact that not everything in a EULA is legally enforceable, those things don't invalidate the parts of the EULA that are legally enforceable, including the part where you are agreeing to license the software when you open the shrinkwrap. It's not the shrinkwrap that makes parts of the EULA unenforceable, it is their claims.

    IANAL, by the way. A handy acronym when posting opinions on legal matters, don't you agree?

    -Robert

  335. Rooting for IBM by HuguesT · · Score: 1

    This is scary. Everybody is rooting for the mighty anti-competitive giant of the 80's. What is going on?

    Will we be all rooting for Microsoft in 20 years' time?

  336. UnixWhere? by Anonymous Coward · · Score: 0

    Off topic but, I wonder if SCO sent themselves a threating letter, since they are using apache/linux for their website. Surely they did since they're so honest. I wonder if they're listening to it. I wonder if Bois will represent both sides if they decide to take themselves to court.

    SCO go sue yourself!
  337. SCOForum 2003 Registration by Anonymous Coward · · Score: 0

    Show your support for SCO and register for SCOForum 2003. Visit this link:

    https://vrs.verite.com/sco/index.cfm?action=regist er&event_id=105

    and you too can register and feel the warmth and goodness of your support. I know I did and I feel sooo good! Imagine the happy faces at SCO as they wade through all the registrations...

    Have a Slashdot kinda' day!
  338. so what happened... by pb · · Score: 1

    When did you go from "We were all going to make money doing stuff that was cool and fun, PLAYING WITH LINUX!" to "We were all going to make money doing stuff that was sleazy and assinine, like VIOLATING THE GPL and FILING LAWSUITS OVER ANCIENT IP!" -- please answer with precise times. After all, Caldera was playing fast and loose with the GPL ever since they first got on the scene, which is what originally earned them the attention and scorn of some people in the /. community.

    I appreciated what they were doing with OpenDOS, and if they kept on with that, they might have managed to change my opinion. So what did they do? They closed it back up again, and just used it as a stick to extort money from Microsoft. Now, I'm not a big fan of Microsoft, but the DR-DOS lawsuit--coming from CALDERA--was an incredibly sleazy and reprehensible tactic.

    And you know what? It worked for them. So what do they do? They continue to buy up old IP, change their name (because they've already burned any credibility they might EVER have had), and try to sue ANOTHER big company. And now you're wondering how it all ended up like that. Hmmmm. I wonder.

    In the future, maybe you and your buddies should think about the CONSEQENCES OF YOUR ACTIONS. Like, if the /. community says "Caldera doesn't care about us or the GPL", then PROVE THEM WRONG. Build credibility, don't burn bridges. No, the fact of the matter is, Caldera had its chance; several chances, actually. And it has shown itslef to be completely untrustworthy, and in fact utterly, utterly vile. And nothing they have done in the past few years has served to significantly change that opinion for the better.

    Got it?

    --
    pb Reply or e-mail; don't vaguely moderate.
  339. Re:They license it to you, they don't sell it to y by Minna+Kirai · · Score: 1

    If you weren't Anonymous, then I'd have some expectation you'd read a reply, and thus I'd have some motivation to reply at length. I could point out specific 20th century Supreme Court cases where shrinkwrap licensing was specificially prohibited.

    I could mention that in a software store, you neither "purchase software" nor "license software"- you "buy a copy of software", which has a specific legal meaning, identical to buying music or a book.

    including the part where you are agreeing to license the software when you open the shrinkwrap.

    I could also demolish that claim, but won't waste my time on something you won't read. Similar answers to mine are easy to find on the WWW, if you care. Some even WBAL.

  340. now go away..... by Anonymous Coward · · Score: 0

    .....or i shall taunt you a second time!

    stop all that knees bent running about, you tiny brained stealers of other peoples' source code!

  341. Added work by Felinoid · · Score: 1

    Yes they could modify every major GPLed application to fuction correctly under SCO Unix and mirror those changes on SCOs website.
    This means SCO users won't have access to the latest changes untell SCO fixes it. SCO users will have to go to SCO for all future support of the software and not the free software community. SCO will have to spend money recoding free software to work for them.
    Lastly SCO users can't use anything SCO hasn't fixed. The vast majority of free software. Unless they fix it themselfs. Added work JUST to continue using SCO.

    --
    I don't actually exist.
  342. Can't IBM get a liccens from Novel? by Felinoid · · Score: 1

    Seams like SCO would rather force IBM to admit guilt than risk being disproven in cort.
    Sence SCO plans to cancle IBMs liccens couldn't IBM get a new liccens from Novel?
    And hay while we are at it Novel can cancle SCOs liccens to Unix. Now wouldn't that just suck for SCO?

    --
    I don't actually exist.