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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.'"

118 of 914 comments (clear)

  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 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
    4. 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,
    5. 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?"

    6. 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!
    7. 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
    8. 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
    9. 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"??

    10. 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.

    11. 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...

    12. 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
  2. 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 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
    2. 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?
    3. 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.
  3. 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 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.

  4. 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.

  5. 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.

  6. SCO are a bad joke by sbszine · · Score: 5, Funny

    Perhaps April 1st would be a better deadline.

    --

    Vino, gyno, and techno -Bruce Sterling

  7. 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 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/
    3. 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...)
    4. 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.
    5. 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.
    6. 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!)

  8. just like the movies by 73939133 · · Score: 5, Funny
  9. 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 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
  10. 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.
  11. 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 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.
    2. 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.

  12. 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 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
  13. 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.
  14. 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.

  15. 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.

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

    Comment removed based on user account deletion

  17. 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

  18. 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.

  19. 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 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."

    2. 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.

  20. 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

  21. 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?
  22. DO NOT by poptones · · Score: 4, Funny

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

    1. 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..."
    2. 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
    3. 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

  23. 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.

  24. 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.
  25. 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
  26. 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!

  27. 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 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

  28. 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

  29. 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

  30. 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.
  31. Re:Wrong way down a one way street... by The+Bungi · · Score: 4, Funny
    Use the

    Luke...

  32. 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/
  33. 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.
  34. 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
  35. 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."
  36. 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?

  37. 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
  38. 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.

  39. 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 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...

    6. 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.

    7. 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

  40. 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....

  41. 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.
  42. 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.

  43. 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.

  44. 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'
  45. 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.

  46. 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

  47. 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.

  48. 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!
  49. 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
  50. 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
  51. 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.

  52. 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.

  53. 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.

  54. 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."

  55. 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
  56. 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 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

  57. 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
  58. 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 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.

    2. 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
  59. 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.

  60. 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 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.

  61. 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!)
  62. 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.
  63. 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.

  64. 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

  65. 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;
  66. 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!

  67. 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.

  68. 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.