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SCO Terminates IBM's Unix License

AKAImBatman writes "SCO has terminated IBM's license to use Unix code. SCO is filing for an injunction that will require IBM to cease all sale of AIX as well as accrue damages for each day IBM continues to sell AIX."

1,065 comments

  1. Another URL by AKAImBatman · · Score: 1, Insightful

    CNET also has some comments from SCO themselves:

    http://marketwatch-cnet.com.com/2100-1016_3-1017 71 9.html?type=pt&part=marketwatch-cnet&tag=feed&subj =news

    1. Re:Another URL by AKAImBatman · · Score: 5, Informative

      Sorry,

      CNET story

    2. Re:Another URL by walt-sjc · · Score: 5, Informative

      In a response, IBM claims that SCO doesn't have the right to terminate the license.

    3. Re:Another URL by Anonymous Coward · · Score: 0

      Quite the contrary. You can steal if you are the big boy on the block, not that IBM did in this case, but just look what Micro$oft has done in any case.

    4. Re:Another URL by mniskin · · Score: 0

      They claim to have a "perpetual" license which is "irrevocable". That's absurd.

    5. Re:Another URL by walt-sjc · · Score: 5, Interesting

      ... And in this news.com.com.com... story, there is a quote from SCO claiming "This termination not only applies to new business by IBM, but also existing copies of AIX that are installed at all customer sites. All of it has to be destroyed."
      That is something I have not heard SCO claim before. I was under the impression that they wanted to cut off future sales, but all past sales too? The insanity never ends at SCO.

    6. Re:Another URL by rjamestaylor · · Score: 5, Funny
      • The companies had engaged in brief but unfruitful discussions, SCO said last week.
      The call, intercepted by an unnamed source, went like this:
      • Operator: Thank you for calling IBM. How may I direct your call?
        SCO: Mr. Palmisano, please.
        Operator: May I tell him who's calling?
        SCO: Darl McBride, CEO of SCO
        Operator: Oh, you again. *pause* He is still not taking your call. Would you like his voice mail?
        SCO: *sigh* Sure.
        [Flush][laughter]*click*
      --
      -- @rjamestaylor on Ello
    7. Re:Another URL by Anonymous Coward · · Score: 0

      you pointed out the obvious and and then tried to be witty and insightful but failed. i think we should all assrape you with a broomstick, you assclown.

    8. Re:Another URL by Darl+C.+McBride · · Score: 0, Troll

      If you purchase software, and you accept the license (usually by opening the shrinkwrap or the CD case), you are bound to all its terms. The EULA is an agreement between you and the publisher of the software. If you then go and violate the terms of the EULA, then the publisher has the right to terminate the agreement, insist you immediately cease use of the software, and demand you destroy all copies of the unlicensed software. Such is the nature of any license agreement, be it with an end-user or another business. No responsible copyright holder would waive this right in the case of the terms of the license agreement being violated.

    9. Re:Another URL by Anonymous Coward · · Score: 5, Insightful

      Although the terms may sound bizarre to any ordinary human, they apparently describe well-defined concepts in lawyer-speak.

      A "perpetual" contract means the parties do not need to renew their agreements.

      e.g., My lease to the apartment I live in expires in two years, so this lease is not perpetual.

      An "irrevocable" contract is one that one or more (usually, all) parties to the contract cannot back out of without due cause.

      Basically, the contract remains valid unless certain obligations specified in the contract are not fulfilled, or unless following the terms of the contract would require breaking the law, etc., etc.

      (Disclaimer: IANAL)

    10. Re:Another URL by Anonymous Coward · · Score: 0

      In other news, the CEO of SuSE said that SCO is still welcome to remain within UnitedLinux.

    11. Re:Another URL by walt-sjc · · Score: 4, Informative

      Um, it all depends on the terms of your contract. IBM's license agreement probably looks NOTHING AT ALL like a typical EULA. It's Very Normal in the business world to have an irrevocable license. That's how you protect yourself against crap like SCO is trying to pull. I've negotiated dozens of licensing contracts and made DAMN sure that my companies interests were protected.

      These contracts are not "take it or leave it" type things like EULA's are. You negotiate.

    12. Re:Another URL by RealityMogul · · Score: 1

      Nice username, you need to make your e-mail and website public for the full effect though.

      Anyways, I'm sure that IBM didn't purchase a shrink-wrapped distribution license. I'm sure some people in expensive suits sat around a table and signed formal documents. They didn't purchase software, they purchased a license.

    13. Re:Another URL by orthogonal · · Score: 4, Funny

      The call, intercepted by an unnamed source, went like this:

      Operator: Thank you for calling IBM. How may I direct your call?


      I saw this and assumed it would go more like this:

      Operator: We get signal.
      Captain: What!
      Operator: Main screen turn on.
      Captain: It's You!!
      SCats: How are you gentlemen!!
      SCats: All your AIX are belong to us.

    14. Re:Another URL by stilwebm · · Score: 3, Informative

      They've been saying this since at least the McBride interviews started. In fact, he said he wouldn't rule out going after individual linux users as well as linux distributors as well!

    15. Re:Another URL by dmehus · · Score: 5, Insightful

      The end of SCO Group is very near, perhaps within a month. As soon as the judge denies their request for a permanent injunction against IBM, shareholders will know the case is over and will flock away from the company in droves -- sending the stock price plummeting. If you own SCO stock, sell now, while the price is overvalued.

      Best,
      Doug

    16. Re:Another URL by Anonymous Coward · · Score: 0

      Try this link at http://www.tubgirl.com

    17. Re:Another URL by Anonymous Coward · · Score: 2, Funny

      I was under the impression that they wanted to cut off future sales, but all past sales too? The insanity never ends at SCO.

      ... and in other news, Bill Gates hires Darl McBride and his legal team to declare all prior sales and/or use of any other OS illegal. An addendum was also signed stating that all analog devices are violating Microsoft's IP. You will no longer be licensed to use a "Notepad" (tm) with an analog stylus.

    18. Re:Another URL by Jeff+Kelly · · Score: 5, Interesting
      If you purchase software, and you accept the license (usually by opening the shrinkwrap or the CD case), you are bound to all its terms
      This might be the case in the United States. Here in Germany (and in many other countries which have adopted similar law) you are not bound to those shrinkwrap licenses since you see them only after you have already bought the software.

      If you make additions to a contract (and EULAs are such additions according to german law) both parties have to be able to see those additions before the contract is placed. Since this is rather seldom the case for EULAs these licenses are not even worth the paper they are printed on.

      Regards Christian

    19. Re:Another URL by Anonymous Coward · · Score: 0

      If you purchase software, and you accept the license (usually by opening the shrinkwrap or the CD case), you are bound to all its terms. The EULA is an agreement between you and the publisher of the software. If you then go and violate the terms of the EULA, then the publisher has the right to terminate the agreement, insist you immediately cease use of the software, and demand you destroy all copies of the unlicensed software. Such is the nature of any license agreement, be it with an end-user or another business. No responsible copyright holder would waive this right in the case of the terms of the license agreement being violated.

      Is that so, Darl? Well, how about the GPL license, then? You apparently think you can violate that all you want with impunity. What is your response to this article?

      We'd all like to know the answer to these questions, Darl. (If it's really you)

    20. Re:Another URL by Anonymous Coward · · Score: 0

      how about instead of reading about this we email SCO and tell them how stupid we think they are ourselves.

      http://www.sco.com/company/feedback/index.html

    21. Re:Another URL by SillySlashdotName · · Score: 3, Interesting

      A thought just struck me, and I am trying to be gentle with it, as it is in a strange place...

      WHAT IF...

      What if SCO(Caldera) is HELPING?!? We have been saying for a long time we needed a court case to validate the GPL. MAYBE SCO(Caldera) is lending a helping hand as they go down the toilet?

      What if they are playing the fool ON PURPOSE, while IBM, in cahoots with them, LETS SCO(Caldera) take them to court - TO FORCE politicians/courts/public to acknowledge the GPL as valid or to pass laws to Dutch-boy the legal dyke (I think I dated her...) - laws that are way overdue by my way of thinking - or to acknowledge Linux as a no/low cost INDUSTRIAL STRENGTH Unix(c).

      Can anyone else think of a reason why SCO(Caldera) would not only shoot themselves in the foot over and over again, but even stop and reload so they can shoot themselves in the foot some more?

      SCO(Caldera) has certainly made a lot of noticeable waves, lots of press copy, and lots of noise, but have also pretty much presented themselves as buffoons while doing so. I can not believe they (and their lawyers) are not smart enough to NOT present themselves as half-wits if they didn't WANT to.

      We now return you to your regularly scheduled conspiracy theory...

      --
      Acts of massive stupidity are almost never covered by warranty. --me.
    22. Re:Another URL by Anonymous Coward · · Score: 0

      They've been saying this since at least the McBride interviews started. In fact, he said he wouldn't rule out going after individual linux users as well as linux distributors as well!

      AND their pets.

    23. Re:Another URL by I8TheWorm · · Score: 1

      Funny, SCO's Press Room doesn't seem to have any of their latest frivilous lawsuit news. You'd think they'd be proud of it.

      --
      Saying Android is a family of phones is akin to saying Linux is a family of PCs.
    24. Re:Another URL by Anonymous Coward · · Score: 0

      What you mean that you did not get your turn at him, yet?

    25. Re:Another URL by mbogosian · · Score: 1

      In fact, he said he wouldn't rule out going after individual linux users as well as linux distributors as well!

      Is SCO owned by DirecTV?

    26. Re:Another URL by ClosedSource · · Score: 1

      It's going to be a lot more than a month before a judge rules on the injunction. I offer no stock advice, however.

    27. Re:Another URL by Salo2112 · · Score: 4, Funny

      Damn, my RS/6000 just stopped working today. Oh wait, no it didn't. Tough luck, Darl. Your back is going to snap like the shell of a cockroach getting crushed when IBM gets done with you. You'll be *begging* to be used as currency in the prison cigarette trade before this is over.

    28. Re:Another URL by telstar · · Score: 1
      "This termination not only applies to new business by IBM, but also existing copies of AIX that are installed at all customer sites. All of it has to be destroyed."
      • Please get back to me on this one ... I may have the day off tomorrow!

    29. Re:Another URL by Anonymous Coward · · Score: 0
    30. Re:Another URL by Anonymous Coward · · Score: 0

      "IBM has chosen to continue the actions that violate our source code and distribution agreements," said Darl McBride, President and CEO of The SCO Group.


      IBM hasn't violated anything until a court decides that the proof that SCOcks presents to the court constitutes a violation.

      What SCOcks really means is that they are terminating the Unix license because IBM won't buy them out. Go back and re-read thier original complaint. It's horseshit.

    31. Re:Another URL by Arker · · Score: 1

      That's the case under anglo-saxon common law as well, and thus until very recently certainly the case in the US as well. However recent legislation has cast a very big cloud over that formerly well-established doctrine. I understand Germany is about to or possibly has already passed similar legislation under EU direction, and the other EU nations are expected to be all 'harmonised' within a year or two though.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    32. Re:Another URL by formercalderian · · Score: 4, Funny

      I think it is pretty funny to see all this hype going on about SCO filing suits against IBM when they still have IBM listed as one of their strategic partners on their website! Oh, and they also still have UnitedLinux listed as a partner too. As usual, it appears that the right hand doesn't know what the left hand is doing at SCO (Caldera). I emailed them and asked them about this, typical response from SCO...they didn't respond.

    33. Re:Another URL by Cramer · · Score: 1

      Perhaps, but they cannot march into your office and demand that you delete all the files, et. al. that were created from that software (read: derived works)

      Even after the license has expired, SCO cannot demand IBM revoke every copy of AIX in the world simply because SCO doesn't own what IBM developed. They can demand their own code be returned or destroyed which would leave gaps in the AIX source, but there's nothing at all to stop IBM from continuing to support the existing AIX installed base. IBM may be prohibited from selling any more AIX, but the existing copies will continue to exist. (royalties and licensing fees were already paid for on them.)

      There's a little legal thing called ex post facto ... No legal team is going to allow a licensing agreement where each party does not retain ownership of their respective code, or has provisions for retroactive dissolution of the agreement. IBM has always had good lawyers.

    34. Re:Another URL by lucabrasi999 · · Score: 1
      It's Very Normal in the business world to have an irrevocable license. That's how you protect yourself against crap like SCO is trying to pull

      Normally, I'd get a warm-fuzzy feeling about the status of the IBM license agreement. However, you should remember that the "brilliant" IBM lawyers were also the ones that pretty much gave away the store when it came to licensing Microsoft's OS on the PC. If IBM had understood what it was talking about when it was negotiating the original license with Bill Gates, M$ would probably not be a monopoly today.

    35. Re:Another URL by sfe_software · · Score: 1

      WHAT IF...

      Highly improbable in my opinion, but imagine how that would piss off Microsoft, having contributed money to the whole thing... :)

      In reality, SCO is just desparate. IBM will crush them, or maybe buy them just to shut them the hell up (which would be nice -- IBM would then own said code and would hopefully continue to distribute it GPL).

      --
      NGWave - Fast Sound Editor for Windows
    36. Re:Another URL by Ataru · · Score: 1

      I don't think your parent poster was using the adjective "absurd" to describe the equally adjective "perpetual" and "irrevocable". It seems more likely that the intent was to ridicule the idea that there is absolutely nothing in the contract that IBM could possibly be in breach of, ever.

    37. Re:Another URL by Xformer · · Score: 1

      IBM would then own said code and would hopefully continue to distribute it GPL

      That is, if they were doing so in the first place.

      --
      All I want is a kind word, a warm bed and unlimited power.
    38. Re:Another URL by dmehus · · Score: 1

      If you are referring to the full $1 billion lawsuit against IBM, yes that will be a year before it goes to trial, most likely. However, SCO's request for a permanent injunction could come a lot sooner, perhaps within a month to two months depending on the urgency of the matter. Case in point, Spike Lee requested (and got) a preliminary injunction against Viacom Inc. to stop it from using the name Spike TV, pending trial. The request went before the courts and ruled upon with a week or two.

      Best,
      Doug

    39. Re:Another URL by Anonymous Coward · · Score: 0

      That is just it: they didn't ask for a preliminary injunction. They asked for a permanent injunction. A preliminary is when you ask the judge to help you this exact minute, and that hearing can be fast. Permanent just means that at the end of the trial, you want that relief. Very big difference.

    40. Re:Another URL by nhaines · · Score: 1

      Captain: Launch all legal team for great justice!!

    41. Re:Another URL by Anonymous Coward · · Score: 1, Insightful

      The "Brilliant" lawyers gave away dos to big bad bill because they had just come out of a very expensive suit regarding decoupling it's big iron software and hardware. Please review your computing history.

      D

    42. Re:Another URL by dbrutus · · Score: 2, Interesting

      Ok, let's say you're an IT manager at an aix shop that uses it for 24x7 mission critical applications. Sheriff deputies knock on the door with a warrant to search for unauthorized copies of AIX and have a SCO rep in tow that tells you that you can either buy a license, wipe the OS off your hardware, or let the deputies impound your equipment.

      What do you do?

      That scenario is the next logical step for SCO in their FUD campaign.

    43. Re:Another URL by boots@work · · Score: 1

      Much as SCO would like people to imagine that, it is pure FUD, and even the most risk-averse manager shouldn't give it any credence.

      For SCO to turn up with a sheriff, they'd have to get some kind of court order or injunction against anyone using AIX. IANAL, but I understand that this requires them to prove 1- that it's likely their suit will succeed, and 2- that SCO will suffer irreperable harm if people continue using AIX.

      Obviously the first is pretty flaky, since SCO don't seem to have any hard evidence that there is infringement or that they have the right to pull customer licences.

      Secondly, SCO is not suffering any irreparable harm. At the absolute peak of Darl's fantasies, they are missing out on licence revenue they are entitled to. If they won, they could be "made whole" by a licence payment in arrears from IBM.

      Informed sources say that for SCO to get an injunction, they'd have to post a cash bond proportional to the possible harm caused by the injunction. IBM's Unix/Linux sales are a few billion dollars per year. Do you suppose SCO has that kind of cash?

      (I have a nice image of Darl's friends going to a bail bondsman to try to raise $5,000,000,000, but of course they couldn't even make the 10% fee bondsmen typically charge.)

      I'd hazard a guess that some IBM lawyers would turn up if SCO tried to get such an injunction... for values of "some" approaching "filling the sky and blotting out the sun". IBM simply can't afford to lose that one.

    44. Re:Another URL by boots@work · · Score: 1

      They can demand their own code be returned or destroyed which would leave gaps in the AIX source, but there's nothing at all to stop IBM from continuing to support the existing AIX installed base. IBM may be prohibited from selling any more AIX, but the existing copies will continue to exist.


      McBride's "tree and branches" analogy seems to be saying that *any* Unix *by definition* is SCO property. If that is true, which seems incredibly unlikely, then nothing IBM could do to AIX would remove the taint of SCO.

      Read-Copy-Update for example never shipped in either OpenServer or UnixWare, but McBride is claiming rights to it because it was in some unixes.

      But this just makes no sense in terms of copyright: if you didn't write it (or acquire the rights) then it's not yours. SCO has no rights to code that was added by other people based on ancient SysV.

      It's possible that IBM signed such a contract, but it seems unlikely. Even if they did, that would only be a problem for IBM, not for other Linux users.
    45. Re:Another URL by Anonymous Coward · · Score: 0

      Well that's great but the right to be able to terminate doesn't disallow an actual termination of a K, SCO would just have to worry about compensitory damages unless they invoke specific preformance, which seems unlikely. Of course, even though this is all Buisness Law 1 stuff, I'm sure many of you didn't even bother to take it. Sorry, I'm a little cynical when with my basic knowlege of the law is more than almost an entire blog room full of people who only pretend to know what they are talking about. I'm not yelling at the parent post either, just ranting.

    46. Re:Another URL by Cramer · · Score: 1

      Indeed. JFS, NUMA, and RCU did not exist in '85 when the original code was licensed. And it's fairly obvious there was no reciprocal agreement or Unixware/OpenServer would've had those features long ago.

      Now, crazy licenses like that do exist. I have an NDA from USR hanging on the back of my front door (someday I'll frame it) that boils down to "we'll give you the source code as long as you hand over every change you make. For free." I laughed my ass off at that -- and obviously never signed it.

    47. Re:Another URL by grahamdrew · · Score: 1

      The sad thing is, Microsoft's Shared Source inititive seems even crazier than that. "we'll give you some of the source code... but you can't actually compile it, and if you make any changes, send them to us so we can sue you"

      --
      // Dumps core here
    48. Re:Another URL by deaddrunk · · Score: 1

      Wasn't Bill Gates' mother a lawyer at IBM at the time?

      --
      Does a Christian soccer team even need a goalkeeper?
    49. Re:Another URL by Salo2112 · · Score: 1

      Remember, in SCOspeak, "strategic partner" translates to "defendant in civil suit."

    50. Re:Another URL by cyclist1200 · · Score: 1

      You want insanity? There's a story over at Byte that quotes Chris Sontag as saying, basically, that all OSes are potentially derivative of SCO's property and could be a target, including the BSDs, and possibly even Microsoft and Apple. But not Sun (Makes me wonder what McNealy has on SCO...). The direct quote is:

      "We believe that UNIX System V provided the basic building blocks for all subsequent computer operating systems, and that they all tend to be derived from UNIX System V (and therefore are claimed as SCO's intellectual property)."

      But another more interesting point is the German guy who saw the offending code and said that although the functions in the file do the same thing (duh), the specific code does not really match. Copyrights only cover implementation, not ideas.

      I think SCO has a straw man.

    51. Re:Another URL by ccp · · Score: 1


      Darl, stop posting here!

      We know is you.

      Cheers,

    52. Re:Another URL by dbrutus · · Score: 1

      They would not need a court order against anyone using AIX. The order wouldn't even target IBM as a defendent. It would merely state that it's a search warrant for unlicensed software (something the BSA does all the time without injunction or much of a bond as far as I know) and AIX without a SCO UNIX license would be considered unlicensed.

      They would likely look for a distressed company with few cash reserves that couldn't afford the red tape to overturn this and just cave in on buying a license. Once precedent is set, the FUD starts to work better and they take their check and try it again. Repeat at will. At a certain point, they no longer have to execute warrants as people seek licenses without them.

    53. Re:Another URL by boots@work · · Score: 1

      I would be surprised if that happens.

      My understanding is that BSA searches without a warrant are notionally "voluntary", because the BSA promises lower payments if they don't have to get a court order. But it is pure bluff to say that they any legal authority to do a search without a court order.

      If SCO did try to go to court, the company ought to get in touch with IBM. Obviously it's not in IBM's interest to have any FUD cast on AIX's legal standing.

      I'm not saying that nobody would be stupid enough to cave in, but I kind of doubt it.

    54. Re:Another URL by dbrutus · · Score: 1

      My theory rests on the idea that SCO has more balls than brains but that seems to be the truth of the entire SCO lawsuit so why not take that thread to the next level?

      Yes, a distressed company with 1-2 months cash left in the bank and hovering around breakeven, could *theoretically* go to IBM but by the time they got a cash infusion they likely would already be in dissolution. Obviously, there would be psychological profiling done of the key players in that company and picking the right one to go after would be key.

      For every *normal* operation using AIX after that point, they'd have to make a cost/benefit analysis of getting the license v. being annoyed by SCO in the same manner. Part of that due diligence would be calling SCO up to find out how much a license would cost. SCO PR would immediately spin that to a massive increase in license negotiations and that, in itself, would make their position look more credible.

      It's not a scenario without risks, obviously. The benefits to SCO are pretty obvious too though so the question still remains, what would you do?

    55. Re:Another URL by Anonymous Coward · · Score: 0

      Don't be silly, they don't need a cash infusion
      from IBM. They just need IBM to tell them SCO
      are bluffing, and perhaps for some help with
      legal advice.

      It seems highly unlikely that a judge would allow a business to be shut down before SCO have proved that there is a licence infringement in AIX. The harm to the business is far greater than any damage to SCO.

      Anyone who rolls over and gives up their business when some random maniac makes an unfounded threat deserves everything they get. So what would I do? I'd (1) call my lawyer, (2) tell them they're not entering my business without a court order, (3) call IBM, and (4) post to Slashdot. :-)

      Those kind of shenanigans are what got SCO a unfair competition lawsuit threat in Germany, and they're likely to get one in Australia too if they follow the path you described.

    56. Re:Another URL by dbrutus · · Score: 1

      Um, the assumption of the scenario is that they essentially start with the court order.

    57. Re:Another URL by dmehus · · Score: 1

      Ah, okay. My apologies for the mistake. Thanks for the clarification. :)

      Best,
      Doug

    58. Re:Another URL by boots@work · · Score: 1

      To get a court order they would presumably have to show the the end-user AIX licences have been revoked.

      That in turn requires showing that IBM's contract was not eternal, that a revocation flows on to end user licences, that IBM has actually breached the contract, etc etc. You can expect IBM to fairly hotly contest each of those points and more beside.

      Basically the whole SCO-IBM court case has to play out before SCO gets to even apply for the court order.

      As previously discussed SCO would have the option of applying for a temporary injunction, but they don't seem to have either the cash or the evidence to do that.

  2. Insanity! by jmorris42 · · Score: 5, Interesting

    I can't believe they are this stupid! How can they possibly claim that
    IBM customers are operating without a valid license? SCO does not
    dispute that IBM possessed a valid license up through the end of Fri 13.
    So any copies that IBM sold before that date are perfectly legal licenses.

    Any court that even takes any other legal theory seriously will destroy
    the entire US economy by creating uncertainty in ALL sub-licensed IP.
    And I have just enough faith remaining in the US legal system to believe
    that the judge will be bright enough to see the can of legal Whoop-Ass SCO is asking them to open.

    --
    Democrat delenda est
    1. Re:Insanity! by cHiphead · · Score: 5, Funny

      i can feel it in the air... IBM is coming for those m'er f'ers and the aftermath will NOT be pretty. This will be like watching a squad of musketeers defend vs. 10 megaton nuke.

      --

      This is my sig. There are many like it, but this one is mine.
    2. Re:Insanity! by Anonymous Coward · · Score: 2, Insightful

      Any court that even takes any other legal theory seriously will destroy the entire US economy

      I think you are putting way too much stock in the economic influence of a few pear sheaped nerds....

    3. Re:Insanity! by Anonymous Coward · · Score: 0, Troll

      According to many a lawyer everywhere, judges are just the loser lawyers that made terrible grades in law school and generally suck as human beings, being that they sit up on their high chair and dispense justice. From what I've seen, it's very true. It's not so much the lawyers being asses that screws up our justice system, it's the judges "on retainer" by companies, and the just plain incompetent ones that are screwing up the justice system. Be afraid, be very afraid.

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

      I don't about you but my company uses AIX and we are far from being "pear sheaped nerds."

    5. Re:Insanity! by dillon_rinker · · Score: 5, Funny

      All for one! And one for AAAGGGGHHHH!!!!

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

      Or the USA verus Iraq

    7. Re:Insanity! by Anonymous Coward · · Score: 0, Insightful

      That really is a load of shit. Maybe you should modify your statement to:

      "According to [scumbag] lawyers everywhere,..."

      Judges work within the confines of the legal system designed by the legislative branch of government (federal, state, and local). Like anything you are going to have some crappy ones and some great ones. The great ones are usually the ones that the scumbag lawyers really hate because they make their job a lot harder.

      Read Judge Harold Rothwax's book and then come back here and tell me what is really wrong with the legal system.

    8. Re:Insanity! by jedidiah · · Score: 1

      What company of significance doesn't owe it's continued existence to some piece of software?

      From POS, to accounting, do distribution, to process control software is everywhere in American business. Create some backdoor to declare it all pirated and chaos will ensue as companies are no longer able to carry out critical business functions.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    9. Re:Insanity! by jmorris42 · · Score: 5, Insightful

      No, imagine for a second what would happen if they actually were to get their injunction requiring each and every copy of AIX to be collected and destroyed. The National Weather Service is using AIX for some of their weather modeling. What do they do, just cease operations for a few months while they port their software..... to WHAT? None of the other commercial UNIXen are safe, you can bet they aren't stupid enough to try porting to a rack of Dells running NT. So does the Weather Channel replace their feed with a slide saying "Out of Service pending resolution of SCO v IBM"? Follow the ripples down through the economy from all of the sites running AIX.

      Now imagine the horror as every entity with a "licensed, not sold" product starts frantically researching how many companies their vendor licenses various bits from and calculating the odds of one of them getting into a pissing fight. You either get Congress going into emergency session to pass a law protecting the end users from being pawns in this new form of corporate blackmail or the economy collapses.

      --
      Democrat delenda est
    10. Re:Insanity! by Tenebrious1 · · Score: 5, Funny

      The National Weather Service is using AIX for some of their weather modeling. What do they do, just cease operations for a few months while they port their software...

      They could stick their heads out the window and say "it looks like rain, better bring your umbrella"

      --
      -- If god wanted me to have a sig, he'd have given me a sense of humor.
    11. Re:Insanity! by cHiphead · · Score: 0

      i think you meant

      All for one! And one for [flash of light] [cease to exist]

      --

      This is my sig. There are many like it, but this one is mine.
    12. Re:Insanity! by Anonymous Coward · · Score: 0

      That is, i believe, the Mad Dog weather model.

    13. Re:Insanity! by dze · · Score: 0, Offtopic

      Been playing a bit too much Civ 3 lately? :)

      --

      "Luck is the residue of design" -- Branch Rickey
    14. Re:Insanity! by Dolly_Llama · · Score: 5, Funny
      This will be like watching a squad of musketeers defend vs. 10 megaton nuke.

      That's what I'm worried about. How many times have my battleships been sunk by friggen musketeers? sheesh...

      --

      Somewhere, something incredible is waiting to be known. -- Carl Sagan

    15. Re:Insanity! by firewood · · Score: 5, Interesting
      No, imagine for a second what would happen if they actually were to get their injunction requiring each and every copy of AIX to be collected and destroyed. The National Weather Service is using AIX...

      That's an easy one. Congress can just use eminant domain, and nationalize all rights to *nix as a public right-of-way. Same as what they do for any roadways deemed necessary for the public safety, national infrastructure, etc.

    16. Re:Insanity! by rootofevil · · Score: 1

      Nah - thats waaaay too accurate for them

      --
      turn up the jukebox and tell me a lie
    17. Re:Insanity! by morgue-ann · · Score: 1

      hahaahahahah!!! not.

      grandparent was funny but not realistic. parent is accurate and curiously not funny at all.

    18. Re:Insanity! by Desolation+Row · · Score: 0, Troll

      If you believe the legal system is honest, go short SCO.

      If you're not so sure about the legal system, go long.

      Personally, I suspect SCO's hired gun David Boies:

      As federal prosecutor against Microsoft played both sides

      Used (laundered) Microsoft money as a payoff in January 2001, to lose government's the case after it had already been won (good trick, though not unique)

      Specifically paid U.S. District Judge Thomas Penfield Jackson with a bevy of pink, nubile 8-year old boys (or equivalent)

      Has more than enough cash, kidnapped children (or equivalent) on hand to buy off any U.S. District Judge in the SCO case

      Indications are that Boies has already purchased the Supervising Judge, the one who picks the Judge for the circus^H^H^H^H^H^H^Htrial, and IBM's actions seem to indicate that they are having problems getting to a higher-placed Judge (known as 'buying an honest judge' in the trade).

    19. Re:Insanity! by Anonymous Coward · · Score: 0

      What you're feeling is actually *fear* that SCO is *right*. Face it - you haven't seen their evidence, so you have *no idea* how airtight it is. Everyone hear is scared to death that SCO is gonna put the nail in Linux's coffin. I personally switched to BSD recently to avoid any of the fallout.

    20. Re:Insanity! by Surak · · Score: 4, Interesting

      The National Weather Service is using AIX for some of their weather modeling. What do they do, just cease operations for a few months while they port their software..... to WHAT? None of the other commercial UNIXen are safe, you can bet they aren't stupid enough to try porting to a rack of Dells running NT.

      Personally, I'd go with either OpenBSD or Linux. OpenBSD is proven to have rock solid stability, and recent Linux kernels are pretty good. And Solaris has good stability on the right hardware -- say, an Enterprise 10k.

      If you write for 1 *nix, porting to other *nixes isn't that hard as long as you write your code in something portable, like ANSI C.

    21. Re:Insanity! by cshark · · Score: 1

      It seems to me that they are trying to set themselves up to be the RIAA of theUnix world. They've already compared themselves to the music industry and likened linux to Napster on more than one occasion. Let us not forget, the music industry destroyed Napster, and then turned on itself and any college student with a computer. I think the metephor is stupid. But this is seriously how they seem to see themselves. I hope to hell that IBM isn't having an off day when this gets to court and that the judge has a half way decent understanding of the technological issues at hand.

      --

      This signature has Super Cow Powers

    22. Re:Insanity! by Enrico+Pulatzo · · Score: 0, Offtopic

      OT, but one of my friends like to nuke the dogs in Red Alert. He loved to hear a group of about 100 dogs scream out in pain at once.

    23. Re:Insanity! by Archfeld · · Score: 1

      we run a billion dollar a day system called Customer Relationship Management application on AIX. My director laughed for several minutes when I showed him some of the stories about this.

      If this were to become enforceable, the financial chaos would be unimaginable. Try to envision all the crap they spouted about the millenia ACTUALLY coming true.....I honestly think we would just continue to use what we've got and deal with the penalties and licensing issue going forward...

      --
      errr....umm...*whooosh* *whoosh* Is this thing on ?
    24. Re:Insanity! by Cliffy03 · · Score: 4, Funny

      Otherwise known as the Les Nessman "Eyewitness Weather" forcast.

      --
      In Soviet Russia, Nigel makes plans for you!
    25. Re:Insanity! by instantkarma1 · · Score: 1

      And you can back this up how....?

      Give me links...give me an indication of proof before making such accusations.

      Put up or shut up.

    26. Re:Insanity! by LostCluster · · Score: 2, Funny

      B-6, B-7, B-8, and B-9.

      That should sink your battleship.

    27. Re:Insanity! by usotsuki · · Score: 1

      C'mon, you can't possibly tell me that AC and I are the only people who listen to country music (Toby Keith, "The Angry American") here... *pout*

      -uso.

      --
      Dreams, dreams, don't doubt dreams, dreaming children's dreaming dreams. Sailor Moon SS
    28. Re:Insanity! by Rasta+Prefect · · Score: 3, Insightful
      Personally, I'd go with either OpenBSD or Linux. OpenBSD is proven to have rock solid stability, and recent Linux kernels are pretty good. And Solaris has good stability on the right hardware -- say, an Enterprise 10k.

      Does OpenBSD even _have_ SMP support? And Linux? If AIX is out, so is Linux. Neither OpenBSD nor Linux are anywhere close to a drop in solution. Not to mention the massive amounts of cash nessecary to replace the kind of big iron AIX generally runs on...

      --
      Why?
    29. Re:Insanity! by hrieke · · Score: 3, Funny

      On the plus side, as I understand it, MS uses AIX and AS/400 to manage their accounting.

      --
      III.IIVIVIXIIVIVIIIVVIIIIXVIIIXIIIIIIIIVIIIIVVIIIV IIVIIIIIIVIII...
    30. Re:Insanity! by jmorris42 · · Score: 1

      > Personally, I'd go with either OpenBSD or Linux.

      This whole pissing fight is over Linux. Were SCO to get their injunction Linux is toast because it would mean they convinced a judge they have a shot at prevailing at trial. BSD is safe in theory, but we are already positing an insane parallel world where a judge would grant their injunction and nothing is safe there.

      --
      Democrat delenda est
    31. Re:Insanity! by Fesh · · Score: 1

      Not necessarily the case. One of our applications depend on the istring class provided with IBM's compiler... Except that they're no longer supporting it and we don't have the resources or manpower to fix it immediately. You can end up using features proprietary to a certain flavor of UNIX if you're not careful.

      --
      --Fesh
      Kill -9 'em all, let root@localhost sort 'em out.
    32. Re:Insanity! by buffer-overflowed · · Score: 1

      Revoking all AIX liscenses would cost lives. National Weather Service also does weather warnings, tornados, flooding, etc.

      Yep, corporate spat that could kill people. Joy.

      --
      The key to the enjoyment of pop music is to replace any instance of "love" with "C.H.U.D."
    33. Re:Insanity! by BlackEmperor · · Score: 0

      How can you say that. SCO has one of the top legal teams in the US representing it and if the rumours of financial backing from MS turn out true, well maybe you got it the wrong way around.

      --
      "all broken things dream of repair" - chris letcher
    34. Re:Insanity! by Anonymous Coward · · Score: 0

      This has got to be the dumbest comment I've read all week. What a fucking moron. Reactionary AND stupid! Woohoo!

    35. Re:Insanity! by mattsucks · · Score: 2, Funny

      !)@#!&^)!@#) Coastal Fortress

    36. Re:Insanity! by Anonymous Coward · · Score: 0
      IBM is coming for those m'er f'ers and the aftermath will NOT be pretty

      McBride: Those IBM Infadels will not use Unix!
      McBride: We own AIX!
      McBride: Everyone who thinks they own AIX are snakes in the grass!
      IBM: Who is this guy?
      McBride: Infadels! No longer pay for AIX! Send your money to us directly!
      McBride: The IBM infadels don't use the airport! Don't believe me? I'll take you there in 4 minutes!

      4-minutes later
      IBM: Is this guy serious?
      Mohammed McBride: The SCO group owns IBM! They are infadels!
      Mohammed al-McBride begins to peal off a rubber mask.

      It's Mohammed Saeed al-Sahaf, Iraqi Minister of Information!
      Mohammed Saeed al-Sahaf: SCO owns anything to do with the slash and the dot. All of you are doomed!

    37. Re:Insanity! by Anonymous Coward · · Score: 0

      > No, imagine for a second what would happen if they actually were to get their injunction requiring each and every copy of AIX to be collected and destroyed. The National Weather Service is using AIX for some of their weather modeling. What do they do, just cease operations for a few months while they port their software..

      Even worse, Lawrence Livermore labs uses AIX in nuclear weapons reliability testing and research. I'd worry a bit more about that than measly hurricanes!

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

      I doubt it, Microsoft owns Great Plains which is some pretty expensive accounting software of their own that runs on SQL Server.

    39. Re:Insanity! by Anonymous Coward · · Score: 0

      Losing the normal operations of the Weather Channel is the penny ante damage here.

      What happens if SCO gets to shut down National Weather Service computers (running AIX or Linux) that would otherwise tell us where the next major hurricane or tornado is going to strike, on the basis of so-far-unproven allegations?

      Early warnings of that kind of weather literally save lives.

    40. Re:Insanity! by jerdenn · · Score: 2, Informative

      No, imagine for a second what would happen if they actually were to get their injunction requiring each and every copy of AIX to be collected and destroyed. The National Weather Service is using AIX for some of their weather modeling. What do they do, just cease operations for a few months while they port their software..... to WHAT? None of the other commercial UNIXen are safe, you can bet they aren't stupid enough to try porting to a rack of Dells running NT. So does the Weather Channel replace their feed with a slide saying "Out of Service pending resolution of SCO v IBM"? Follow the ripples down through the economy from all of the sites running AIX.

      Which is exactly why this won't happen. Before issuing a preliminary injunction, a judge will weigh the potential harms of issuance vs. non-issuance, on both the parties involved and third parties.

      In other words, SCO can thump their chests all they want, but they will run up against a brick wall trying to retroactively recind licenses.

      -jerdenn

    41. Re:Insanity! by Anonymous Coward · · Score: 0

      I worked for one of the "IT gurus" from the Weather Channel. He was a top-shelf, world-class putz, who brought other top-shelf, world-class putzi with him.

      If they were indicators of the norm at the Weather Channel, then:

      A. The total IT IQ would be sub-room temperature.
      B. They'd be stupid enough to migrate the entire system to a radiator fan from a '73 Monte Carlo.

    42. Re:Insanity! by Anonymous Coward · · Score: 0

      Great Plains?!?!?
      Great Plains?!?!?
      Great Plains?!?!?
      Great Plains software is for SMALL BUSINESSES not a monolith like Microsoft! Don't matter if they own it-- I mean the own MS Money, too-- do ya thinkg that's what they are running the corporate finances on? Am I right?

    43. Re:Insanity! by Anonymous Coward · · Score: 0

      YHBT. YHL. HAND.

    44. Re:Insanity! by IWannaBeAnAC · · Score: 1
      Yes, but do you believe that MS actually use themselves, the software that they sell?

      eg, I believe they have their own source control system that is rather different (and presumably, much better - it would want to be!) than the one they sell. The compiler they use to compile the OS is (or at least, used to be) rather different to VC.

      Obviously, they don't use windows much either, otherwise all their employees would be sick to death of it crashing all the time ;-)

    45. Re:Insanity! by TheRaven64 · · Score: 4, Funny

      I think you might be thinking of ICBM. The one SCO's suing is the one without the C, although only slightly less dangerous...

      --
      I am TheRaven on Soylent News
    46. Re:Insanity! by Kjella · · Score: 1

      That's what I'm worried about. How many times have my battleships been sunk by friggen musketeers? sheesh.

      You've been playing too much Civilization. Phalanx vs. Tanks? Yep I'm sure the Tight formation of shields help them. Somehow it must, since they're winning...

      Kjella

      --
      Live today, because you never know what tomorrow brings
    47. Re:Insanity! by TedCheshireAcad · · Score: 1

      Mo' fuckaz be frontin' and got they shit ruined!!!

      No seriously though, IBM is the emitome of an 800lb gorilla. If they really want to, they can crush SCO like a little bug; and I don't think many people would mind ;-)

    48. Re:Insanity! by Anonymous Coward · · Score: 0

      Among other things, IBM owns the correct spelling of 'infidel', apparently.

    49. Re:Insanity! by Anonymous Coward · · Score: 0

      You've been playing too much Civilization. Phalanx vs. Tanks? Yep I'm sure the Tight formation of shields help them. Somehow it must, since they're winning...

      Perhaps the tank pilots are being blinded by the light reflecting off those shields?

      Hey, it could happen...

    50. Re:Insanity! by Anonymous Coward · · Score: 0

      Solaris is under an irrevocable royalty free licence. Sun paid about $80 million for that, and its customers now feel safe.

    51. Re:Insanity! by neurostar · · Score: 1

      Bah, I've got an easier way of forcasting the weather (doesn't require a window)

      1. Rain
      2. Sun
      3. Overcast
      4. Snow
      5. Sleet
      6. Wind

      *rolls some dice*

    52. Re:Insanity! by Anonymous Coward · · Score: 0

      The National Weather Service is using AIX for some of their weather modeling. What do they do, just cease operations for a few months while they port their software...

      They could stick their heads out the window and say "it looks like rain, better bring your umbrella"


      Or they could just tell SCO to go fuck themselves.

    53. Re:Insanity! by marko123 · · Score: 5, Funny

      B1 and B2. That should sink your Bananas in Pyjamas.

      --
      http://pcblues.com - Digits and Wood
    54. Re:Insanity! by Anonymous Coward · · Score: 0

      I'll tell you what *is* insanity.

      From Nasdaq.com:

      Market Value $ 134,023,660


      That's it. *THIS* is insanity.

    55. Re:Insanity! by Anonymous Coward · · Score: 0

      I am not trolling you, i am honestly interested if you are long scox at 10 and change? What is your target if you have one?

    56. Re:Insanity! by Anonymous Coward · · Score: 0

      When I first read your comment, I thought you said a squad of mouseketeers defending against a nuke, and I thought "Shit, I'd buy tickets to that".

    57. Re:Insanity! by Nucleon500 · · Score: 1
      All for one and one foÂfÃÃfÃýM7®ÂÃV

      NO CARRIER

    58. Re:Insanity! by boots@work · · Score: 1

      I realize you're trolling, but: what makes you think BSD is any safer?

      As soon as SCO notice that BSD is not quite dead yet, they'll be on your ass as well. The same bogus claims of code theft can be applied equally.

    59. Re:Insanity! by dspeyer · · Score: 1
      obOSS: if you play Freeciv, you can edit a few text files and give your units whatever powers you like -- phalanxes could indeed defeat a tank (not that it would improve gameplay to do that).

      'Cause civilization should be free!

    60. Re:Insanity! by Anonymous Coward · · Score: 0

      A) In the world of accounting software, Great Plains is not "pretty expensive" -- it's bottom of the barrel small business stuff.

      B) MS only bought Great Plains a couple years ago.

      C) MS is notoriously cheap. They're probably using the same software they bought in 1989.

    61. Re:Insanity! by Anonymous Coward · · Score: 0

      Hmmm, let's seeeeeee.... That's six options....and he's using more than one die...hmmmm.

      Oh, yes, he has a pair of the famous Benalish 3 sided dice, used by all Benalish Heros when they have a friendly dice game before a big battle.

    62. Re:Insanity! by intermodal · · Score: 1

      now who am i gonna get to chase those damned teddies with no payment except yellow jelly?

      --
      In SOVIET RUSSIA... erm...NSA AMERICA, the Internet logs onto YOU!
    63. Re:Insanity! by forgotmypassword · · Score: 1

      Do you have any idea how many people use Linux clusters to predict the weather!

      National Oceanic and Atmospheric Administration
      Iceland's Institute for Meteorological Research
      Pennsylvania State University
      Defense Department
      University of British Columbia GeoDisaster Center ...

      The NOAA contract alone was 15 million dollars!
      and the UBC contract was to IBM!

    64. Re:Insanity! by rew · · Score: 1

      Bullshit! If I would take today off, I could write Wolffix (fully from scratch!), and licence it to you to use on ONE computer. Or I can licence it to you to use on your computer for a period of one year from now.

      I could also licence it to you, allowing you to run and sell the product until 13th of june 2004. You and your clients are allowed to run the product during that time, but a new licence fee is required after that.

      It al depends on the actual contract between the two. You haven't seen the contract, neither have I.

      Of course, IBM would be quite stupid to enter in a contract where some other party were able to demand any ransom they want if IBM would like (their clients) to continue to run AIX.

      Roger.

    65. Re:Insanity! by BulletMagnet · · Score: 1

      Nah, I'd go with a rack of blade servers running W2K3 Server. The weather hasn't been very compatible with me as of late....Days of the same old 90' California weather is getting old. How about 90 and sunny and a hailstorm the next? Doesn't that sound fun?

    66. Re:Insanity! by stanmann · · Score: 1

      Actually, with a barrel die, you could end up with 3 effective sides. since the ends will have a slight curve preventing them from coming up.

      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    67. Re:Insanity! by Rasta+Prefect · · Score: 1
      Do you have any idea how many people use Linux clusters to predict the weather!

      I'm aware of it, I've actually worked with weather models on Linux. However, this nessecarily work well for all pieces of modeling software, and most of this stuff is not going to be re-written over night. (In some cases, it's just been modified by grad student after grad student since about 1970 or so. Fortran. ).

      --
      Why?
    68. Re:Insanity! by Anonymous Coward · · Score: 1, Funny

      Hey I like your new word, 'emitome.' can I license it for non-commercial use?

      but what does it mean?

    69. Re:Insanity! by anthonyrcalgary · · Score: 1

      aha!

      It must be SUN behind it! They're one of the only other companies that still make big iron. Plus, they take out two of their biggest problems in one fell swoop.

      (I posted this because it's funny. I don't think it's remotely true.)

      --
      When someone might yell at me, it has to be OpenBSD.
    70. Re:Insanity! by cmburns69 · · Score: 1

      That's what I'm worried about. How many times have my battleships been sunk by friggen musketeers? sheesh...

      You think thats bad? I had a battleship sunk by a frekin' legion!

      --
      Online Starcraft RPG? At
      Dietary fiber is like asynchronous IO-- Non-blocking!
    71. Re:Insanity! by Mike+Rice · · Score: 1

      cool rendering of pi!

    72. Re:Insanity! by Timex · · Score: 1

      B1 and B2. That should sink your Bananas in Pyjamas.

      I don't know which is more disturbing-- The fact that you posted that, or the fact that I know what you're talking about!

      --
      When politicians are involved, everyone loses.
    73. Re:Insanity! by neurostar · · Score: 1

      naw, there could be a combination of different weather effects, or different intensities of each type of weather.

      neurostar
  3. in related news... by matt4077 · · Score: 5, Funny

    IBM has terminated sco's licence to live

    1. Re:in related news... by mhore · · Score: 2, Interesting
      IBM has terminated sco's licence to live

      That's about what I'm thinking. IBM isn't just going to sit around and take this... AIX is a big part of their business, no? I think all SCO has done is just kind of bully IBM into some kind of (hopefully, brutal) legal response.

      --

      Mmmm......sacrelicious.

    2. Re:In related news... by Anonymous Coward · · Score: 0

      SCOX was down 10% before SCO's press release.

    3. Re:in related news... by KillerHamster · · Score: 1

      "I find your lack of faith disturbing." -- Darl Vader

    4. Re:in related news... by Anonymous Coward · · Score: 0

      Darl Vader, is that Darth's half-brother? I hear he was a real hoot at parties!

    5. Re:in related news... by Tower · · Score: 5, Informative

      Like this?

      NEW YORK, June 16 (Reuters) - International Business Machines Corp. (NYSE:IBM - News) on Monday said that the SCO Group (NasdaqSC:SCOX - News), which is suing IBM over intellectual property rights, has no right to revoke its license to its version of the Unix operating system, called AIX.

      ADVERTISEMENT
      Earlier on Monday, SCO said that it would revoke IBM's right to use or distribute its AIX software, saying that IBM had violated its agreement by adapting some parts of the AIX operating system to Linux, the free version of Unix.

      "There's absolutely nothing new in this press release. SCO continues to make its claims. As we have said all along our license is irrevocable, perpetual and cannot be terminated," IBM spokeswoman Trink Guarino said, reading from a prepared statement.

      --
      "It's tough to be bilingual when you get hit in the head."
    6. Re:in related news... by Anonymous Coward · · Score: 0

      its a gag; you fool! Darl McBride, President and CEO of The SCO Group.

    7. Re:in related news... by Surak · · Score: 3, Informative

      Yeah, I think they're forgetting that IBM is a *big* company. They took in like $80 billion last year, they've got about $4 billion just sitting around in cash, and their market cap:sales ratio is something like 27:1. Plus, unlike some other legal battles they've been in, the court of public opinion is on their side. Yeah, I don't think IBM has ANY TROUBLE affording an *extended* legal battle at all. ;)

    8. Re:in related news... by Anonymous Coward · · Score: 0

      What if SCO is right? Should IBM get away with it, just because they have more money? Luckily for me, I switched to BSD recently. I think I'll be okay.

    9. Re:in related news... by Surak · · Score: 1

      SCO isn't right. Anyone with half a brain *cough*Cringely*cough* has figured this out by now.

      However, let's suppose SCO is right...no, IBM shouldn't get away with it. Would they? Probably.

      And would you be okay? Might wanna go back and read the Cringely article I linked to. ;)

    10. Re:in related news... by cshark · · Score: 5, Insightful

      I read the contract yesterday. I'm no legal expert, but it seems from the wording of it that IBM has to "designate" where the code is used, and how it's used. As long as it's under license, ANY license, (including gpl) they should be okay.

      The problem is that the damn thing is paradoxically worded. And parts of it are crossed off and pencilled in. It's a real mess.

      On top of that, It was signed in 1985 by AT&T and IBM. System V isn't even mentioned in it. Hell, they mention West Germany as a viable country to sell dirivitive code in!

      SCO is listing it as evendence. But I don't see how it's even applicable considering that the origenal code that it was made in reference to has fallen into the public domain.

      Am I wrong about this?

      Please correct me if I am.

      --

      This signature has Super Cow Powers

    11. Re:In related news... by Anonymous Coward · · Score: 0

      This actually shows the bigger picture.

    12. Re:in related news... by jstroebele · · Score: 0, Flamebait

      I'm going to terminate your licence to live you liberal fag

  4. On dear Lord by Goldberg's+Pants · · Score: 3, Interesting

    Someone HAS to get these buggers into court to prove their specious claims.

    SCO are going to destroy *nix.

    Has anyone checked their roots to see if they're related to Microsoft at all?

    1. Re:On dear Lord by phoenix_rizzen · · Score: 5, Funny

      Well, they did buy Microsoft Xenix back in the late 70s or early 80s. Could be MS passed on a few stupid genes along with the source.

    2. Re:On dear Lord by AKAImBatman · · Score: 4, Informative

      > Has anyone checked their roots to see if they're
      > related to Microsoft at all?

      They are. Microsoft Xenix was sold to the original SCO who renamed it "SCO OpenServer" after carrying it as "SCO Xenix" for awhile.

    3. Re:On dear Lord by Anonymous Coward · · Score: 0
      Someone already has and won:


      http://www.osopinion.com/perl/story/21663.html


      Why noone in the US is doing this too remains a mystery to me. I guess the laws in the US are too weak, so corporations have more power.

    4. Re:On dear Lord by eugene_t00ms · · Score: 1

      And you can't seem to opperate a keyboard...

      --
      Belief that Perspectives matter more than Facts = Mark of the Truly Ignorant
    5. Re:On dear Lord by Anonymous Coward · · Score: 0

      Dear Eugene,

      Do you know how to "opperate" a keyboard?
      Thanks-

      The World

    6. Re:On dear Lord by Anonymous Coward · · Score: 0
      I are compooter literate!

      Give me a job!

    7. Re:On dear Lord by Anonymous Coward · · Score: 0

      I am Bill Gates. I will PAY YOU to make CRAPPY SOFTWARE! It's the deal of the CENTURY!

    8. Re:On dear Lord by peaworth · · Score: 1

      Another question is: did they pass on, as a part of the licensing agreement, the skills on how to fake evidence so poorly that it is immediately recognized in the courtroom?

    9. Re:On dear Lord by bobtheheadless · · Score: 5, Interesting

      I do find it interesting that Windows "Server" 2003 release and advertising coincides with this whole battle though...

      Worried about the uncertainty of AIX and Linux? Good thing we here at M$ have a great solution for you...

      --
      --- If I had a funny sig too, you might be laughing now.
    10. Re:On dear Lord by Anonymous Coward · · Score: 0
      Has anyone checked their roots to see if they're related to Microsoft at all?

      Naw, in 75 hysterical Slashdot discussions no one has attempted to come up with a paranoid theory involving Microsoft.

      Are you kidding? This story was a day old and the conspiracy buffs here were claiming that TrollTech owns SCO!

    11. Re:On dear Lord by Zane+Edwards · · Score: 1

      What roots does MS need? If they can find any way to bury *nix and IBM they will.

    12. Re:On dear Lord by lspd · · Score: 1

      SCO are going to destroy *nix.

      Not at all. They're validating many of the arguments in favor of free software. SCO can't stop Linux. SCO is still distributing Linux code on their own servers. The *MAY* be able to stop the sale of commercial derivatives of AT&T's commercial Unix, which just goes to show that you and I can no longer afford to gamble on the continued goodwill of commercial vendors. The licensing terms IBM had with AT&T are straightforward in stating that IBM owns the rights to its own derivative works, but now that SCO has become a lawsuit factory they claim otherwise. If AIX had been based on BSD there would be no issues at all.

      Compared to SCO, the FSF is overly business friendly. The worst the FSF has done to glaringly obvious GPL violators pales in comparison to the kind of BS SCO is doing. I'm sure this will do wonders for SCO's IP sales. I can see folks lining up around the block to create new derivative works based on this IP.

      At the very worst, you'd see Debian/RedHat/Mandrake/etc move to a BSD kernel. Debian already has a somewhat working port of the GNU userspace to BSD kernel. (Not related to the current lawsuit) How long would it take if all the vendors came together to work on it?

    13. Re:On dear Lord by usotsuki · · Score: 1

      Isn't the old SCO (aka Tarantella) a spinoff of M$? Although the new SCO is Caldera, a spinoff of Novell.

      -uso.

      --
      Dreams, dreams, don't doubt dreams, dreaming children's dreaming dreams. Sailor Moon SS
    14. Re:On dear Lord by Anonymous Coward · · Score: 0

      Or, more to the point -- NT 4.0 EOL.

    15. Re:On dear Lord by Eneff · · Score: 1

      My god! I do have a SCO license after all!

      If all else fails, I can boot up my old tandy 6000 and run my old copy of Microsoft XENIX on a 10MB hard drive.

      I was worried there for a second.

    16. Re:On dear Lord by Morky · · Score: 1

      OpenServer 5.0.6 login and then "copyright" command: Last successful login for root: Mon Jun 16 17:29:50 2003 on ttyp119 Last unsuccessful login for root: Thu Jun 12 11:26:28 2003 on ttyp3 SCO OpenServer(TM) Release 5 (C) 1976-2000 The Santa Cruz Operation, Inc. (C) 1980-1994 Microsoft Corporation All rights reserved. For complete copyright credits, enter "copyrights" at the command prompt. NOTICE: Unregistered SCO software is installed on your system. Please refer to SCO's online help for registration information. Copyright (C) 1989-2002 Compaq Computer Corporation Copyright (C) 1994-1995 Netscape Communications Corporation. Copyright (C) 1995 Board of Trustees of the University of Illinois. Copyright (C) 1991-1996 Morning Star Technologies. Copyright (C) 1989 Carnegie Mellon University. Copyright (C) 1989 Regents of the University of California. Copyright (C) 1990 RSA Data Security, Inc. Copyright (C) 1988-95 Stac Electronics, Carlsbad, California. Copyright (c) 1994, 1995, 1996. Netscape Communications Corporation. Copyright (C) 1995, Thomas G. Lane Copyright (C) 1990 RSA Data Security, Inc. Copyright 1993 Massachusetts Institute of Technology Copyright (C) 1986, 1989, 1991, 1992, 1993, 1994 Free Software Foundation, Inc. Copyright (c) 1991 - 1994 Microsoft Corporation Copyright (c) 1986-1995 Frame Technology Corporation. Copyright 1989, 1990 The Monotype Corporation Plc. All Rights Reserved. Copyright (c) 1990, 1991 Adobe Systems Incorporated. All Rights Reserved Copyright 1987-1994, Larry Wall Copyright 1994 Mosaic Communications Corporation. All rights reserved. This SCO software is commercial computer software and, together with any related documentation, is subject to the restrictions on US Government use as set forth below. If this procurement is for a DOD agency, this DFAR Restricted Rights Legend applies: RESTRICTED RIGHTS LEGEND: Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of Rights in Technical Data and Computer Software Clause at DFARS 252.227-7013. Contractor/Manufacturer is The Santa Cruz Operation, Inc., 400 Encinal Street, Santa Cruz, CA 95060. If this procurement is for a civilian government agency, this FAR Restricted Rights Legend applies: RESTRICTED RIGHTS LEGEND: This computer software is submitted with restricted rights under Government Contract No. _________ (and Subcontract No. ________, if appropriate). It may not be used, reproduced, or disclosed by the Government except as provided in paragraph (g)(3)(i) of FAR Clause 52.227-14 alt III or as otherwise expressly stated in the contract. Contractor/Manufacturer is The Santa Cruz Operation, Inc., 400 Encinal Street, Santa Cruz, CA 95060. This copyrighted software is licensed only for use in strict accordance with the Software License Agreement, which should be read carefully before commencing use of the software. This SCO software includes software that is protected by these copyrights: (C) 1976-2000 The Santa Cruz Operation, Inc. (C) 1989-1994 Acer Incorporated (C) 1989-1994 Acer America Corporation (C) 1990-1998 Adaptec, Inc. (C) 1993-1998 Advanced Micro Devices, Inc. (C) 1990 Altos Computer Systems (C) 1992-1994 American Power Conversion, Inc. (C) 1988 Archive Corporation (C) 1990-1998 ATI Technologies, Inc. (C) 1976-1992 AT&T (C) 1992-1994 AT&T Global Information Solutions Company (C) 1993 Berkeley Network Software Consortium (C) 1985-1986 Bigelow & Holmes (C) 1988-1991 Carnegie Mellon University (C) 1989-1990 Cipher Data Products, Inc. (C) 1985-1998 Compaq Computer Corporation (C) 1986-1987 Convergent Technologies, Inc. (C) 1990-1993 Cornell University (C) 1985-1997 Corollary, Inc. (C) 1994 Dell Computer Corporation (C) 1988-1998 Digital Equipment Corporation (C) 1990-1997 Distributed Processing Technology (C) 1991 D.L.S. Associates (C) 1990 Free Software Foundation, Inc. (C) 1989-1991 Future Domain Corporation (C) 1994 Gradient Technologies, Inc. (C) 1991-1998 Hewlett-Packard Company (C) 1993-1

    17. Re:On dear Lord by Anonymous Coward · · Score: 0

      I do find it interesting that Windows "Server" 2003 release and advertising coincides with this whole battle though...

      Nice quote placement :) Isn't the phrase "Windows Server" pretty much an oxymoron anyway?

    18. Re:On dear Lord by Anonymous Coward · · Score: 0

      or maybe it's just 2003?

      stupid slashdot people

    19. Re:On dear Lord by Anonymous Coward · · Score: 0

      Unfortunately, they may have simultaneously passed on the ability to be not immediately thrown in jail for perjury when caught faking said evidence. That was the most ridiculous aspect of the MS trial for me - if I were in court, and I faked evidence and was caught, I'd be in jail now. Double standards.

  5. Clarification? by cow_licker · · Score: 0, Insightful

    I don't really understand how sco can cancel AIX licenses when the issue is IBM and Linux. What am I missing? Ignoring the fact that the whole thing is ridiculous to start with.

    --
    $_='while(read+STDIN,$_,2048){$a=29;$b=73;$c=142;$ t=255;@t=map{$_%16or$t^=$c^=($m=(11,10,116,100,
    1. Re:Clarification? by tuffy · · Score: 5, Informative
      I don't really understand how sco can cancel AIX licenses when the issue is IBM and Linux. What am I missing? Ignoring the fact that the whole thing is ridiculous to start with.

      I think it goes like this: SCO licensed Unix code to IBM. IBM incorperated said Unix code into AIX. IBM takes up Linux. Rise of Linux threatens Unix. SCO gets notion that Linux steals code from Unix, and places blame on IBM. SCO tries to revoke license to Unix code from IBM, thereby revoking it from AIX - all while suing over supposed stolen code in Linux.

      At least, that's how it looks from here...

      --

      Ita erat quando hic adveni.

    2. Re:Clarification? by Anonymous Coward · · Score: 5, Informative
      What, is this the first you're just hearing of this or are you not paying attention?

      1. SCO licensed some SysV source code to IBM.
      2. IBM used that source in AIX.
      3. SCO claims IBM breached their contract to license SCO's code because the code is showing up in Linux and SCO says it came through IBM.
      4. SCO filed suit against IBM for .... ONE BILLION DOLLARS!!!
      5. SCO sent menacing letters to companies using Linux saying they could be liable for using software that illegally infringes on their IP
      6. Novell said they never transferred the copyrights to SCO and that their claim to own the IP is bogus.
      7. SCO says that since IBM is in breach of contract, they have no valid license for the source code that is in AIX.
      8. SCO in now seeking an injunction to bar IBM from selling AIX.


      How is this dumb-assed question "insightful"?

      What I want to know is, how much "evidence" would they have to reveal to get this injunction (and does the judge have to sign the NSA ;-) )
    3. Re:Clarification? by Anonymous Coward · · Score: 0

      s/NSA/NDA/g (fat-fingered)

      Slow down Cowboy!

      How the hell does slashdot know how I dress on the weekends>

    4. Re:Clarification? by Farley+Mullet · · Score: 4, Informative
      I don't really understand how sco can cancel AIX licenses when the issue is IBM and Linux. What am I missing?

      What's at issue is that SCO is accusing IBM of putting AIX code into Linux, which is a violation of IBM's Unix license.

      Or, in the words of SCO's lawyer:

      "Through contributing AIX source code to Linux and using UNIX methods to accelerate and improve Linux as a free operating system, with the resulting destruction of UNIX, IBM has clearly demonstrated its misuse of UNIX source code and has violated the terms of its contract with SCO. SCO has the right to terminate IBM's right to use and distribute AIX. Today AIX is an unauthorized derivative of the UNIX System V operating system source code and its users are, as of this date, using AIX without a valid basis to do so."
    5. Re:Clarification? by Squidgee · · Score: 1
      Eh, I think they're doing so based upon the concept that IBM used those liscenses to gain access to their IP. They then stuck said IP into Linux.

      Of course a move like this really opens them up for a countersuit...

    6. Re:Clarification? by wo1verin3 · · Score: 1

      Read this. It basically says that SCO doesn't like IBM backing Linux...

    7. Re:Clarification? by jjshoe · · Score: 1

      They arnt canceling licenses, "SCO is filing for an injunction that will require IBM to cease all sale of AIX as well as accrue damages for each day IBM continues to sell AIX." the issue is the fact that IBM is continuing to carry a product that is not in sco's best intrest so sco is using their ability to "terminate the contract at anytime they feel appropriate." while that's not said anywhere that clause goes into almost every contract out there

      --
      -- botsex is {grep;touch;strip;unzip;head;mount} /dev/girl -t {wet;fsck;fsck;yes;yes;yes;umount} {/de
    8. Re:Clarification? by Associate · · Score: 1

      You forgot two things.
      5.5 Microsoft buys a license from SCO.

      9. ???
      10. Profit!

      --
      Someone hates these cans.
    9. Re: Clarification? by Cid+Highwind · · Score: 4, Interesting

      To sum up:
      1: SCO bought the copyright to UNIX from AT&T
      2: IBM licensed UNIX code from SCO
      3: IBM put UNIX code into AIX (that's what they licensed it for)
      4: IBM made lots of money selling AIX systems to big companies
      5: IBM had another team forking on Linux
      6: SCO claims that IBM put UNIX code into Linux (violating the terms of their license)
      7: SCO canceled IBM's UNIX license because of the alleged violation of their contract
      8: SCO released scary-sounding press releases implying that everyone running AIX would be liable for infringment (hoping to make IBM's customers nervous, so they would put pressure on IBM to settle quickly and out-of-court)

      Further speculation:
      9: ???
      10: IBM will buy SCO at an inflated price just to shut them up
      11: PROFIT!!!! for SCO lawyers and executives

      To further condense:
      It's a publicity stunt, SCO wants a buyout. They're targeting IBM because they IBM has lots of money, whereas no Linux-based companies are making a profit.

      --
      0 1 - just my two bits
    10. Re:Clarification? by Anonymous Coward · · Score: 0

      The problem is, once a corporation becomes large, like SCO, its only reason to exist is to accrue profit. This causes them to squash small innocent companies like IBM, to underpay migrant workers, and also to kill the spotted owl.

    11. Re:Clarification? by Anonymous Coward · · Score: 0

      Umm.. that's a good summary, but if i'm not mistaken:

      SCO licensed Unix code to IBM. IBM incorperated said Unix code into AIX.

      Wouldn't a more accurate depiction of this part be "AT&T licensed UNIX code to IBM; IBM incorporated said UNIX code into AIX; Novell buys UNIX copyright from AT SCO buys UNIX copyright from AT&T"?

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

      I think it goes like this: SCO licensed Unix code to IBM. IBM incorperated said Unix code into AIX. IBM takes up Linux. Rise of Linux threatens Unix. SCO gets notion that Linux steals code from Unix, and places blame on IBM. SCO tries to revoke license to Unix code from IBM, thereby revoking it from AIX - all while suing over supposed stolen code in Linux.

      STEP 3: Profit!

    13. Re:Clarification? by AndroidCat · · Score: 3, Interesting
      From Micro Cornucopia, Nov-Dec 1989, p.40: "Many years ago, IBM purchased a licence to System V.2 and has independently developed it into AIX .." (bolding mine)

      IBM already had a licence to SysV.2, it would be interesting to see what the licence IBM signed with Novell covered. (And did they pass any AIX code back? Can SCO still use that code if so?)

      This is going to be fun.

      --
      One line blog. I hear that they're called Twitters now.
    14. Re:Clarification? by goodhell · · Score: 1

      What, is this the first you're just hearing of this or are you not paying attention?

      Lemme guess....
      You're new to /.

    15. Re: Clarification? by thing12 · · Score: 1
      IBM will buy SCO at an inflated price just to shut them up

      And then rerelease UNIX under the GPL... it might be a heap of worthless source code at this point, but at least we could stop referring to it as 'UN*X'.

    16. Re:Clarification? by AndroidCat · · Score: 1

      I swear, one day I'm going to learn to preview posts that can't posssibly go wrong go wrong go wrong... Imagine a [/b] after "Many".

      --
      One line blog. I hear that they're called Twitters now.
    17. Re:Clarification? by Anonymous Coward · · Score: 0

      No, I just like to be insulting when posting as AC (hell, if I'd known it was going to go to +5 I wouldn't have bothered).

    18. Re:Clarification? by MrHanky · · Score: 1
      SCO filed suit against IBM for .... ONE BILLION DOLLARS!!!

      Thanks. I knew this looked like a bad movie, and a parody, but I didn't quite get the joke until you spelled it out in capital letters. I imagine one of the unreleased scenes went like this:

      Evil McBride: And then we'll sue for ONE MILLION DOLLARS!!!
      Nr. 2: Don't you think we should ask for more? We're losing a million dollar each month because of the crappy IP we bought some years ago.
      Evil McBride: Really?
      Nr. 2: Mm-hmh.

      And so on. It's not worth watching. The appeal will be even worse, and it all ends up with McBride being Linus Torvald's brother or something.
    19. Re: Clarification? by Anonymous Coward · · Score: 0

      Where does Novell fit into this then?

    20. Re:Clarification? by MrResistor · · Score: 2, Informative

      Actually, it's more like this: IBM licensed Unix from AT&T and used it to make their own Unix, called AIX. AT&T sold Unix rights, except trademark, to Novell. Novell sold some of those rights to SCO. SCO and IBM worked together on Project Monterey. IBM recognizes the Linux, not Unix, is the way of the future and backs out of Project Monterey. SCO got bought up by Caldera, a Linux company. Caldera changes name to SCO because they think Unix, not Linux, is the way of the future. SCO gets notion that Linux steals code from Unix, and places blame on IBM. SCO tries to revoke license to Unix code from IBM, thereby revoking it from AIX - all while suing over supposed stolen code in Linux.

      I hope that clears things up.

      --
      Under capitalism man exploits man. Under communism it's the other way around.
    21. Re: Clarification? by Xabraxas · · Score: 1
      To clarify that:

      AT&T sold copyrights to Novell.

      Novell sold to SCO.

      SCO sold to Caldera.

      Caldera becomes "SCO".

      Confusing? Yes.

      --
      Time makes more converts than reason
    22. Re: Clarification? by SilentMajority · · Score: 1

      >"It's a publicity stunt, SCO wants a buyout. They're targeting IBM because they IBM has lots of money, whereas no Linux-based companies are making a profit."

      IMHO, if IBM was considering a buyout of SCO, it would have happened by now.

      Even if IBM were to make a bid for SCO now, it might make sense for Microsoft to outbid them and leverage that for all its worth. Especially since such an offer by IBM would give credibility and more value to SCO's position.

      Time to check out FreeBSD 5.x just in case this scenario plays out...if it doesn't, I'll have 2 cool "Unix-like" operating systems instead of 1.

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

      Except that AT&T or Novell (I forget which) licenced UNIX to IBM before UNIX was then possibly sold to SCO, and now SCO wants to revoke a licence that was licenced even before they suppoisdly gained ownership of UNIX.

    24. Re: Clarification? by Dachannien · · Score: 1

      And I bet the buyout happens in an all-stock trade. IBM is up $1.75 on Monday, while SCO is down $0.28. Hmm.... I wonder who the shareholders believe.

    25. Re: Clarification? by Alan+Hicks · · Score: 1
      no Linux-based companies are making a profit

      Check your facts. Slackware has always been in the black, but something tells me Pat isn't in the mood to buy out Caldera even if he can. :^)

      --
      Slackware, what else when it must be secure, stable, and easy?
  6. the article by smoondog · · Score: 5, Funny

    LINDON, Utah, Jun 16, 2003 /PRNewswire-FirstCall via COMTEX/ -- The SCO(R) Group (SCO) (SCOX) , a leading provider of business software solutions ...

    I think whomever wrote this press release needs to do his/her research better...

    -Sean

    1. Re:the article by kevruse · · Score: 1

      This"article" is just a SCO

    2. Re:the article by Beatbyte · · Score: 1

      Any company that gives you a return of $-0.34 on every share of stock is obviously leading! ;-)

    3. Re:the article by Anonymous Coward · · Score: 2, Funny

      Have you ever been to Lindon, UT? Their reality is a bit different from yours and mine.

    4. Re:the article by Anonymous Coward · · Score: 0

      Er, you don't know what a press release is, do you?

    5. Re:the article by hexmem · · Score: 1

      Have you ever been there? I live near Lindon. Not everyone is a dumbass like SCO is. I'm excitingly waiting for the day when IBM flattens SCO into the ground.

    6. Re:the article by MrResistor · · Score: 1

      Is it the word "leading" or the word "solutions" you take issue with?

      I think describing SCO as "a leading provider of business software problems" would be perfectly valid.

      --
      Under capitalism man exploits man. Under communism it's the other way around.
    7. Re:the article by Anonymous Coward · · Score: 0

      This"article" is just a SCO

      Nice to see the expression "a SCO" in use as an expletive.

  7. I'm shocked. by ceswiedler · · Score: 5, Funny

    I'm shocked. Absolutely shocked. Why didn't they give notice? Why didn't all of the major news sources, including Slashdot, report this was coming? Never in my wildest dreams did I think that SCO would ever do something so reprehensible. I was just about to purchase OpenServer!

    I depend on Slashdot to give me some advance warning, preferably several weeks worth of daily articles with 500 posts, so that I'm not blindsided by issues like this.

    1. Re:I'm shocked. by mchappee · · Score: 1

      Ha ha, you had me until this:

      >> I was just about to purchase OpenServer!

      You just had to take the joke out of the realm of possibility, didn't you?

      Matthew

      --
      /. finds me to be 20% Troll, 80% Funny
    2. Re:I'm shocked. by KillerHamster · · Score: 1

      Don't worry, you'll be reminded several times so you won't forget.

    3. Re:I'm shocked. by cide1 · · Score: 1

      I bought OpenServer 5.0.5 this past weekend. Complete media kit with 5 user license, $5. I thought I was getting ripped off, but I wanted the piece of history. Now I can put the CD on the wall and laugh at it. BTW, it doesnt run in bochs.

      --
      -- the computer doesn't want any beer, no matter how much you think it does. NEVER, EVER feed your computer beer.
    4. Re:I'm shocked. by Surak · · Score: 1

      I'm sure they'll at least be a couple of dupes, no worry. ;)

  8. Put your money where your mouth is... by DailyGrind · · Score: 1, Funny

    I'm putting $100 on IBM to win in 8 months.

    Still open:
    1 month
    2 months
    3 months
    etc...

    --
    You will have to pry my proprietary software $$$ from my cold dead hands!
    1. Re:Put your money where your mouth is... by RichMan · · Score: 1

      Really put your money on this and start selling SCO short on the market.

    2. Re:Put your money where your mouth is... by molarmass192 · · Score: 1

      If you expect people to bet on a SCO long shot, we want some better odds than this, 1:1 ain't gonna cut it. Do I hear 1000:1 on a SCO win?

      --

      Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws-Plato
    3. Re:Put your money where your mouth is... by moofdaddy · · Score: 1

      If you expect people to bet on a SCO long shot, we want some better odds than this, 1:1 ain't gonna cut it. Do I hear 1000:1 on a SCO win? I'll take that action...the dark side is strong with this one...

      --
      Be better in bed. Wikiafterdark!
    4. Re:Put your money where your mouth is... by gearheadsmp · · Score: 1

      Or put your mind where you're mouth was, and realize that you'd have to delicately time it so that you've done the transaction in sync with which day IBM wins it's legal victory over SCO in court.

    5. Re:Put your money where your mouth is... by tmhsiao · · Score: 1

      The problem here is that one major alternative for IBM to escape this idiocy is to buy SCO outright. In that case, then SCOX shares skyrocket, and you might lose your shirt.

      --
      "My God...It's full of ads!" -Fry, about the Internet, Futurama
    6. Re:Put your money where your mouth is... by bhtooefr · · Score: 1

      OT? I thought this was something on IBM vs. SCO! Someone's betting that IBM will win! OT? NOT!

    7. Re:Put your money where your mouth is... by cdrudge · · Score: 1

      8 months? 8 months? SCO will be lucky if IBM lets them go in under 8 months. I say greater then 5 years before all the appeals, counter appeals, counter-counter appeals and so forth. My guess is the winner is going to be the one with deeper pockets no matter how long this goes.

    8. Re:Put your money where your mouth is... by Anonymous Coward · · Score: 0


      In which case you should buy a straddle, which
      is an equal number of calls and puts at a given strike
      price. The bet is that the stock will move radically
      in one direction or another, you just don't know
      which way. When the value of the puts or calls
      doubles (or better, which would not be uncommon),
      it more than offsets the loss in the other direction.

      This is grossly oversimplified, and if you are at
      all interested in options trading, you would start
      somewhere like cboe.com and go from there.

      I haven't checked SCOX options prices, but I would
      not be surprised to find that they have a much greater
      than average amount of volatility built into the price.
      (meaning, you could lose on *both* sides of the
      straddle if news on SCO suddenly dies down, which
      does not seem likely, the way things are going)

    9. Re:Put your money where your mouth is... by Anonymous Coward · · Score: 0

      That would mean 1825 SCOs stories until the case is over. I'll be back in 5 years.

    10. Re:Put your money where your mouth is... by coolgeek · · Score: 1

      Ahh yes...the good old leveraged buy-out, the hostile takeover, the corporate caper. Makes me nostalgic for the 80's and some girls with new wave hairdos. Too bad I think Darl is probably smart enough (barely) to make sure he won't lose a proxy fight. Exit...stage left.

      --

      cat /dev/null >sig
    11. Re:Put your money where your mouth is... by tmhsiao · · Score: 1

      In all honesty, I don't even know if the takeover would be hostile. As others have hypothesized, all of these machinations appear as though Darl is inviting a buy-out option for IBM.

      Personally, I'd prefer the multi-billion dollar countersuit so their respective fortunes are laid waste for burnination...

      --
      "My God...It's full of ads!" -Fry, about the Internet, Futurama
  9. I can see it now by pizen · · Score: 3, Funny

    I can see the army of lawyers in blue suits gearing up for battle right now.

    1. Re:I can see it now by melete · · Score: 1

      Yeah, it's that army of lawyers that is the only thing that scares me about this case. I get nervous whenever Boies is involved in litigation; it always turns ugly, and even the winner usually loses out.

    2. Re:I can see it now by Anonymous Coward · · Score: 0

      Boies pounded Microsoft in court. If it hadn't been for the DOJ going all pansy and backing off, we might have had a successful resolution to the MS problem.

    3. Re:I can see it now by Tenebrious1 · · Score: 5, Funny

      I can see the army of lawyers in blue suits gearing up for battle right now.

      Hmm... I can see the next project at IBM being a supercomputer capable of playing an intricate game that requires thinking ahead many moves to counter opponent's moves... it'll be called "Deep Tort".

      --
      -- If god wanted me to have a sig, he'd have given me a sense of humor.
    4. Re:I can see it now by cur3 · · Score: 1

      wow! now i see it, the 588 blade servers are for rendering all those IBM lawyers in court

      --
      how the end always is ...
    5. Re:I can see it now by AndroidCat · · Score: 1

      it's that army of lawyers that is the only thing that scares me about this case It's not unlike the zergling rush from Hell. Sounds like it too.

      --
      One line blog. I hear that they're called Twitters now.
    6. Re:I can see it now by coolgeek · · Score: 1

      Forget the army of 'em. How about the 24-year old law school graduate hottie (yep smart too that's how she got degree at 24) looking great in her not-too miniskirt suit and spike heels, they send over to the SCO camp to invite them to the "big meeting" at IBM, where of course, the army is waiting.

      --

      cat /dev/null >sig
    7. Re:I can see it now by Anonymous Coward · · Score: 0

      Boies pounded Microsoft in court.

      How do you figure? He was obviously in M$'s pocket. Made it look good once in a while on trivial or obsolete issues, while totally ignoring more important issues. You had to be blind to miss it.

      I beleive I saw it posted here on /. first, but it's worth repeating: Boies is one of the 95% of lawyers that make the rest of them look bad!

    8. Re:I can see it now by LordLucless · · Score: 1

      I don't think IBM need spend too much money on it. My old Apple II could win the SCO case hands down.

      --
      Just because you're paranoid doesn't mean there isn't an invisible demon about to eat your face
    9. Re:I can see it now by Lord_Dweomer · · Score: 1
      " Hmm... I can see the next project at IBM being a supercomputer capable of playing an intricate game that requires thinking ahead many moves to counter opponent's moves... it'll be called "Deep Tort"."

      No no, you got it all wrong. IBM's next project will be a supercomputer that will finally be able to search through their database of patents they own.

      --
      Buy Steampunk Clothing Online!
  10. I am IBM, hear me roar... by psyconaut · · Score: 3, Interesting

    I think SCO are playing a dangerous game. IBM are a formidible opponent, even if they've had the wind knocked out their sales in recent years.

    Plus, it would probably be a smart thing(tm) for SCO to publicly state what IBMs so-called infrigement is now that they're proceeding with directed action.

    Don't get me wroing, I don't love AIX by any stretch of the imagination ;-) But this is starting to seem like the technology equivalent of Days of our Lives or something!

    -psy

    1. Re:I am IBM, hear me roar... by Catiline · · Score: 1
      this is starting to seem like the technology equivalent of Days of our Lives or something!
      Nah, Days of our Lives is too intellectual for this case. This is more like "SpongeBob SquarePants meets the Teletubbies".
    2. Re:I am IBM, hear me roar... by Anarchitect · · Score: 1

      [T]his is starting to seem like the technology equivalent of Days of our Lives or something!

      No, that's actually over here...

      --
      QA implies some kind of quality to begin with.
    3. Re:I am IBM, hear me roar... by psyconaut · · Score: 1

      Leave Sponge Bob Squarepants out of this! He's my only friend...and he's precious...

    4. Re:I am IBM, hear me roar... by Xerithane · · Score: 1

      Don't get me wroing, I don't love AIX by any stretch of the imagination ;-) But this is starting to seem like the technology equivalent of Days of our Lives or something!

      AIX is great, if it's used for what it's designed for... but that's not why I'm responding.

      I see this as the equivalent to Celebrity Deathmatch, except those episodes where it is a stale, crusty has-been going against a massive gorilla.

      Think of Ozzy vs. Mike Tyson, and chuckle.

      --
      Dacels Jewelers can't be trusted.
    5. Re:I am IBM, hear me roar... by Anonymous Coward · · Score: 0

      even if they've had the wind knocked out their sales in recent years.

      Nice pun. Extra points for use of a homonym.

    6. Re:I am IBM, hear me roar... by sn00ker · · Score: 1
      Nice pun. Extra points for use of a homonym.
      This is /. The chances of it being intentional (or of the original poster understanding what you just said) are roughly equal to SCO's chances of winning this case - ie: Somewhere between zero and two-thirds of five-eighths of a very, very small number.

      --
      "God, root, what is difference?" - Pitr, userfriendly
  11. Bug? Meet boot; boot, bug by Anonymous Coward · · Score: 0

    Bye SCO ....

  12. Darl McBride by Anonymous Coward · · Score: 1, Funny

    When Darl McBride sees this, he will shit in his pants.

    YOU FAIL IT!

    S. Jobs

    1. Re:Darl McBride by Shuasha · · Score: 1

      While I hate to attack somebody personally, doesn't this guy just look like a tool?!

      News.com article

    2. Re:Darl McBride by Anonymous Coward · · Score: 0

      No, it's supposed to be a good thing, remember?

    3. Re:Darl McBride by Anonymous Coward · · Score: 0

      I just read the article in your link. What a delerious, deceitful, dumb-ass dork this guy is. I used to call idiot drivers "darrel dip-shit", now I refer to them as "darl dip-shit". (Is that pronounced the same? Who the fuck cares?)

  13. Now it begins... by TedTschopp · · Score: 2, Insightful

    Ok, Now it really begins, All the smack talk is over. Now we get down to the real battle. What do you say. IBM in 3.

    "Do you hear that, SCO? That is the sound of inevitability. That is the sound of your death. Goodbye, SCO."

    --
    Fantasy remains a human right; we make in our measure and in our derivative mode... -- JRR Tolkien
    1. Re:Now it begins... by Anonymous Coward · · Score: 0

      You of course relize that in that context, SCO will 'win' this little battle. ;)

    2. Re:Now it begins... by whoever57 · · Score: 1

      No it doesn't.

      Because they did not file for a temporary injunction, the lawsuit will proceed as before. Nothing new. It will be years before anything happens, unless SCO goes BK, or otherwise folds.

      --
      The real "Libtards" are the Libertarians!
    3. Re:Now it begins... by Anonymous Coward · · Score: 0

      shut the fuck up

    4. Re:Now it begins... by whoever58 · · Score: 1

      No you won't.

    5. Re:Now it begins... by drinkypoo · · Score: 1
      What do you say. IBM in 3.

      That depends, do you mean rounds or seconds?

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    6. Re:Now it begins... by Anonymous Coward · · Score: 0

      damn. Now I'll have to change my sig.

    7. Re:Now it begins... by CableModemSniper · · Score: 1
      "Do you hear that, SCO? That is the sound of inevitability. That is the sound of your death. Goodbye, SCO."

      "My...name...is...Caldera!"

      --
      Why not fork?
  14. Uh-oh... by ragingmime · · Score: 2, Insightful

    Today AIX is an unauthorized derivative of the UNIX System V operating system source code and its users are, as of this date, using AIX without a valid basis to do so.
    Does this mean that SCO now has a legal basis for suing Joe User for downloading a Red Hat ISO? Maybe I'm missing something here, but if not, this could be bad...

    --
    I produce electronic music and write little games. Have a look.
    1. Re:Uh-oh... by d3faultus3r · · Score: 1

      No, AIX is seperate from SCO's Linux claims. AIX is just a version of Unix that SCO licensed to IBM. It has no relation to Red Hat or any other Linux distro.

      --
      read my blog
      musings on politics and technol
    2. Re:Uh-oh... by hburch · · Score: 3, Insightful

      Does this mean that SCO now has a legal basis for suing Joe User for downloading a Red Hat ISO?

      What do you mean a "legal basis"? They've certainly intimated that they could and might sue for such. However, you can sue anyone you like for anything you like. The sued can, of course, countersue for harassment, etc. In this case, I would expect IBM to file a counter-motion for an injunction against SCO saying IBM cannot distribute AIX. Regardless, SCO's attempted revocation of the AIX license does not affect the legality of Linux. It's merely SCO's retaliation (blackmail, if you will) for IBM not giving SCO what they want.

      The judge is likely to make a quick decision (IANAL) between the two injunctions, as SCO is clearly costing IBM by their statements and IBM is clearly costing SCO by distributing unlicensed code (only one of those is "illegal", but which one?). Oh, the anticipation.

    3. Re:Uh-oh... by bhtooefr · · Score: 1

      No. IBM is the only one that's screwed, and they'll get out of it. Their clients did nothing wrong, unless SCO can figure out a way to sue clients who got AIX licenses on the 13th or later.

      BTW, this one is for /. editors: Can someone remove the TM on the SCO logo just to piss them off?

    4. Re:Uh-oh... by Xabraxas · · Score: 1

      Actually it has everything to do with SCO's Linux claims. They decided to revoke the AIX license when they reached an "impasse" with IBM about the supposed copyright infringement of Linux by way of IBM. Their "legitimacy" in revoking the irrevocable license rests on the fact that they believe IBM inappropriately used Unix code in Linux. The CEO even mentioned Red Hat and how much they potentially cost SCO in Unix licenses. It was all explained in the articles.

      --
      Time makes more converts than reason
  15. Injunction Filed by idiotnot · · Score: 4, Insightful

    Whether the court will grant it or not is another matter entirely.

    If IBM believes the license is perpetural, and the injunction is granted, IBM will file a counter claim for breach of contract, probably for the same amount of daily damages.

    This means nothing. It's just more grandstanding.

    1. Re:Injunction Filed by Lord+Custos · · Score: 1

      At what point can someone countersue for Barratry?

    2. Re:Injunction Filed by Anonymous Coward · · Score: 2, Informative

      As soon as you understand what "barratry" means.

      Barratry is the act or practice of bringing repeated legal actions solely to harass. Usually, the actions brought lack merit.

      I can assure you that SCO fully believes that their case has merit and that they are going to win. If they opened dozens of cases against IBM all with no chance of winning then barratry would be a case.

      Unless of course you meant this definition :

      In admiralty law, barratry is a fraudulent act committed by a master or crew of a vessel which damages the vessel or its cargo, including desertion, illegal scuttling, and theft of the ship or cargo.

    3. Re:Injunction Filed by mlyle · · Score: 1

      One point that's interesting, and that I don't think anyone has brought up, is the fact SCO's stock price has been bid up extensively-- in no small part thanks to the public statements made by SCO officials about legal action against IBM.

      If IBM should demolish SCO, and those statements prove to be false, I think there might be grounds for a class-action shareholder lawsuit for people who will have lost money on SCO stock-- and such a lawsuit might possibly extend to directors and officers of SCOX. Of course, they certainly have D&O coverage, but such a catastrophic event could test the limits of such coverage.

      It would be really nice to see some unethical people held personally accountable for their abuse of the legal system.

    4. Re:Injunction Filed by John+Hasler · · Score: 1

      > Of course, they certainly have D&O coverage...

      I don't think it would pay off if they were shown to have engaged in a pump & dump scam.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    5. Re:Injunction Filed by Kanon · · Score: 1

      Maybe they're stealing IBM's rum too? :)

    6. Re:Injunction Filed by Blue+Stone · · Score: 1
      "I can assure you that SCO fully believes that their case has merit and that they are going to win. "

      If that's truly the case, why are they going about it in such a wildly accusatory, melodramatic, light-on-the-facts, way? Why aren't they behaving more reasonably, calmly and self-assuredly?

      --
      Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
    7. Re:Injunction Filed by CmdrWass · · Score: 1

      On top of this, if their claims of ownership of copyright and/or patent IP of Unix turns out to be false, they could face prosecution by the SEC if there is enough proof that SCO did all of this in an attempt to raise their stock price.

  16. Ohh wait... by Anonymous Coward · · Score: 1, Funny

    wait wait wait... no it still won't do anything...
    sorry mcbride...

  17. economic plan by b17bmbr · · Score: 1

    1. buy some else's IP
    2. have several shitty economic plans
    3. sue
    4. profit

    --
    My problem? I was perfectly gruntled, until some numbnuts came by and dissed me.
    1. Re:economic plan by Squidgee · · Score: 4, Funny
      Dude, dude.

      You've obviously forgotten overused /. meme #405. It should be:

      1.Buy someone else's IP
      2.Fail economics 101
      3.Sue
      4.???
      5. PROFIT!

      Please keep this in mind next time you decide to come out from under your silly little bridge. Us big people have things to do.

    2. Re:economic plan by Overly+Critical+Guy · · Score: 1

      Should be: "We big people have things to do."

      This post brought to you from the grammar nazis on the bridge.

      --
      "Sufferin' succotash."
    3. Re:economic plan by invultor · · Score: 1

      So where can I find a list of these memes so that I, also, can become a "/." goon? There should be a introductory class so that future generations may learn these valuble skills we cannot live without, so we may escape public ridicule of this nature.

    4. Re:economic plan by grammar+fascist · · Score: 1

      Your sentence has no subject. It should start, "It should be."

      You have crossed the grammar fascist who lives under the rocks under the bridge and eats trolls for breakfast. If it weren't so darned sunny up where you are you'd be in big trouble.

      --
      I got my Linux laptop at System76.
    5. Re:economic plan by Anonymous Coward · · Score: 0

      On the topic of being a language nazi...

      "Troll" in this context comes from "trolling" i.e is fishing by letting a baited line trail your boat. That even makes sense doesn't it? ... never mind. :-)

    6. Re:economic plan by nacturation · · Score: 1

      This is eventually followed up by overused /. meme #584:

      "I think (Bezos/Amazon) already has the patent on this method."

      --
      Want to improve your Karma? Instead of "Post Anonymously", try the "Post Humously" option.
    7. Re:economic plan by Overly+Critical+Guy · · Score: 1

      You've just been trolled. You'll figure it out.

      --
      "Sufferin' succotash."
  18. Damages? by Masque · · Score: 5, Funny

    I wonder if this means I'm entitled to damages for every day I've been forced to use AIX.

    I mean, c'mon, there's at least as much legal ground to stand on, and at least I can call my psychologist as a witness....

    1. Re:Damages? by Zathrus · · Score: 2, Funny

      Let me know... AIX's init torments me. Their linker causes grevious harm to all who are exposed to it, and should be considered a WMD. The C++ compiler/library still doesn't implement the STL properly and fully, while combining up with the evil linker to render debuggers useless - including the massacre of gdb.

      They actually paid someone to rewrite all the man pages to ensure that any useful information was expunged.

      The more I use it, the more I wonder if IBM isn't adopting Linux out of a desperate desire to have an OS that doesn't just outright suck.

      Honestly... if AIX is a shining example of SCO IP, then let SCO have it. The rest of the world is better off without.

    2. Re: Damages? by Anonymous Coward · · Score: 0

      One way to look at it.. I know people who have administrated SCO UNIXes for a living. From talking to them, if IBM can be sued for the pain of using AIX, then SCO is fucked.

      Maybe SCO shouldn't have opened this particular can of worms...

      - super ugly ultraman

    3. Re:Damages? by Anonymous Coward · · Score: 0

      I was thinking along similar lines...Every copy of aches gone? This is a good thing, right? Not that I support SCO or its actions...I just remember the inventory terminals failing at CompUSA one day, the dude hits break or something to restart his process, signon says: IBM AIX Version yotta.yotta. I say to myself: figures, AIX.

  19. So, this could be a blessing in disguise by aelfwyne · · Score: 4, Interesting

    If SCO is seeking an injunction, does that mean they would have to prove to a judge that there is sufficient evidence for such an injunction? And if they do happen to convince a judge...

    Well, better that IBM be the one to take on SCO rather than a group of Linux volunteers or users.

    I just hope IBM doesn't cave. They've shown incredible lack of backbone in the past when push came to shove (OS/2 backing out of desktop market anyone?), let's just hope this isn't one of those times.

    --
    -- If it ain't broke - overclock it more.
    1. Re:So, this could be a blessing in disguise by Anonymous Coward · · Score: 0

      IBM blew billions on OS/2 and the bottom line is that, as good as it was, it was the wrong product at the wrong time from the wrong company. It wasn't a lack of backbone, it was the triumph of sanity over wishful thinking. They probably should have backed out sooner.

    2. Re:So, this could be a blessing in disguise by Jason+Earl · · Score: 2, Insightful

      If IBM were going to cave they would simply have paid the extortion money or simply bought SCO out. IBM is pushing this towards litigation because they know that SCO's case is ridiculous.

      SCO management is engaged in a "pump & dump" stock scheme. Nothing more, nothing less.

    3. Re:So, this could be a blessing in disguise by walt-sjc · · Score: 1

      Actually, OS/2 was a great product at the perfect time, but suffered from poor marketing and Microsoft's anti-competitive licensing scheme.

    4. Re:So, this could be a blessing in disguise by DutchSter · · Score: 4, Interesting

      If SCO is seeking an injunction, does that mean they would have to prove to a judge that there is sufficient evidence for such an injunction? And if they do happen to convince a judge...

      What's interesting is that they are seeking a permanent injunction. Such an animal is generally part of the "punishment" phase. Seeking a permanent injunction now is part of the legal process to say that IF I WIN THE CASE, I want them to stop forever. I think it's interesting that they have not gone for the TEMPORARY injunction that they said they would. A TRO is typically issued before the whole case gets underway and expires at some phase of the trial.

      In order to be granted a TRO, you must show that not only will you be harmed if the action continues, but that the harm will be direct and irreparable and that you have a reasonably high probability of proving your case. Without being able to prove irreparable harm, judges generally like to maintain the status quo until the whole thing is sorted out.

      From my experience in the legal field, if they grant their opponent 100 days to "Fix it up", they would have a higher burden of proof to say that they are being irreparably harmed as each day goes by than if they filed suit right away. A judge is more likely to look at this case and say "Well, you might be harmed somewhat, assuming your allegations are true, but you put up well enough for three months, another two months to sort this out probably won't be irreparable. Motion denied"

      Consider another use of TROs: battered women are generally granted TROs after a domestic dustup the night of, or the following morning. Such matters are so urgent that they cannot be delayed even a day. Giving someone 100 days to clean up just seems to show that you can tolerate it better than you would otherwise admit.

    5. Re:So, this could be a blessing in disguise by Anonymous Coward · · Score: 0

      A system that requires 8MB of RAM to function reasonably well at a time when almost every PC shipped with 4 is NOT a "great product at the perfect time." It is a product that is USELESS for the vast majority of desktop users. I was there. I used OS/2 in the mid-90's and I had to tune the hell out of it to get it to run reasonably well on a 486DX2-66 with 8 meg of RAM.

      I liked it then, and I'm an IBMer now, but that doesn't blind me to the obvious failings. OS/2 was too far ahead of its time. Today, it's a small, fast, powerful OS but it's too late.

      Perhaps if IBM had created a version of the PM/WPS that worked on DOS and sold next to Win 3.0...

    6. Re:So, this could be a blessing in disguise by Alsee · · Score: 1

      Giving someone 100 days to clean up just seems to show that you can tolerate it

      Not that I'm a fan of SCO or anything, but SCO didn't delay even a single day. They didn't tolerate the 100 day period voluntarily. The contract states that IBM's licence terminates 100 days after SCO gives notice.

      I guess you could say the fact that SCO agreed to a 100 day delay would indicate against the temporary restraining order, but not nearly as strongly as if SCO gave IBM a 100 day gift. SCO could argue the original contract traded them invaluable consideration in exchange for that 100 day clause.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  20. that has to be ... by MORTAR_COMBAT! · · Score: 4, Funny

    ... the most masturbatory press release I have EVER read. SCO sure loves itself.

    --
    MORTAR COMBAT!
    1. Re:that has to be ... by tuffy · · Score: 3, Funny
      SCO sure loves itself.

      It doesn't have any competition in that regard...

      --

      Ita erat quando hic adveni.

    2. Re:that has to be ... by mattsucks · · Score: 1

      most masturbatory press release I have EVER read

      Sure explains why they appear to be lashing out blindly...

    3. Re:that has to be ... by guybarr · · Score: 1

      It doesn't have any competition in that regard...

      I don't know if it's to be called loving, but my guess is IBM is going to do, err, something , to them ... ;->

      --
      Working for necessity's mother.
  21. Re:if only i was a subscriber by Anonymous Coward · · Score: 0

    Subscribers can SEE the articles early but they cannot post early.

  22. Poor way of phrasing it by Anonymous Coward · · Score: 5, Insightful

    The slashblurb has phrased this poorly. SCO did not terminate IBM's UNIX License. SCO stated that they had terminated IBM's UNIX License. There is a difference.

    I could issue a press release saying that i had used my magical powers to turn Bill Gates into a toad, but that would not automatically make it true.

    1. Re:Poor way of phrasing it by AKAImBatman · · Score: 1

      No, my blurb is correct. A license is a contract between two parties. SCO has backed out of the contract (thus terminating). This does not mean that IBM's code is magically locked in a box. It just means that someone right now is in breach of contract. It may be IBM, but it's more likely SCO.

    2. Re:Poor way of phrasing it by SmoothTom · · Score: 1

      Certainly not!

      Bill already IS a toad!

      --
      Tomas

    3. Re:Poor way of phrasing it by black+mariah · · Score: 2, Funny

      I'm glad compilers aren't that terse. Think you could split hairs just a wee bit more there?

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    4. Re:Poor way of phrasing it by Anonymous Coward · · Score: 0

      Oh.. hm. Good point. You are correct.

      -- Original AC

    5. Re:Poor way of phrasing it by rifter · · Score: 4, Informative

      But according to many many sources including IBM, IBM does not have or need a license from SCO to use/sell AIX. AIX is derived ultimately from the Unix code, and needs a license to be called unix, but the rights to the UNix code are from Novell and the rights to call AIX Unix come from the Open Group. In fact I would say that at this stage of the game it would be difficult to say whether even novell or the Open Group would have any kind of right to stop the distribution of AIX. Presumably most of AIX is 100% IBM IP and anything which was not could be changed if it was really deemed necessary.

      No matter what, the company now known as SCO never had any agreements with IBM whatsoever, unless perhaps they bought some software from IBM. Ultimately they have tried to use legal tricks and fiat to claim the rights over vast amounts of IP they have 0 claim to (every form of Linux and Unix) and it is not working so far.

      IBM is used to being sued by loudmouth idiots and usually do not rise to the bait (for instance recall the people that were trying to claim IBM supported the Nazis during WWII even though they were actively supporting the allies by manufacturing arms and providing computing services, etc.). They have lasted this long by being careful what they say and do and maintaining their serious reputation. They will easily weather this FUDfest.

    6. Re:Poor way of phrasing it by interiot · · Score: 1
      It's not splitting hairs so much as pointing out the brutally obvious.

      I revoke gravity and all of you are now floating on the ceiling! *poof*

    7. Re:Poor way of phrasing it by AKAImBatman · · Score: 1

      > But according to many many sources including IBM,
      > IBM does not have or need a license from SCO to
      > use/sell AIX. AIX is derived ultimately from the
      > Unix code, and needs a license to be called unix,
      > but the rights to the UNix code are from Novell
      > and the rights to call AIX Unix come from the Open
      > Group.

      Actually, IBM licensed Unix source from AT&T. It is arguable that since that permanent license was negotiated with AT&T, SCO would need AT&T's permission to revoke it. One way or another, SCO doesn't have anything to stand on. Makes a great light show tho.

      * Walks off to get more popcorn.

    8. Re:Poor way of phrasing it by Anonymous Coward · · Score: 0
      I could issue a press release saying that i had used my magical powers to turn Bill Gates into a toad, but that would not automatically make it true.
      Of course this is not true. You can't use your magical powers to polymorph Bill Gates into a toad. He already IS a toad,
    9. Re:Poor way of phrasing it by telstar · · Score: 1
      "I revoke gravity and all of you are now floating on the ceiling! *poof*"
      • I always used to love FPS's when you'd join a server and gravity would be all screwy. By the way, my check is on the way to SCO for using the letters "S", "C" and "O" multiple times in this post. I suppose I'm on your list right after you're done with Big Blue.

    10. Re:Poor way of phrasing it by boots@work · · Score: 1

      No, the contract is not necessarily terminated, and I don't think your phrasing is correct. One party unilaterally backing out of a contract does not necessarily terminate it.

      (Surely this is obvious? I can't just wake up and decide to nullify my mortgage.)

      Whether the contract is in fact terminated depends on whether it has a clause saying that it can be terminated by a party, or under certain conditions. This is the point at question at the moment: did the SCO-IBM have such a clause? SCO says yes, IBM says no.

      Neither is it necessarily the case that SCO is in breach, unless the contract contains a "you must not act like a dumbass" clause. Making random press releases has no effect on the contract.

      By default contracts can only either be completed, or all parties can mutually dissolve it, or one party can renege, or the contract can be frustrated (impossible to fulfil.) (IIRC, law class was a long time ago.)

      Even if the contract was terminated, or SCO was in breach, that does not necessarily mean that IBM has lost the right to use SCO's material. In general when a contract is terminated or breached a court will have to decide on an appropriate outcome.

    11. Re:Poor way of phrasing it by Anonymous Coward · · Score: 0

      Kindly elaborate on your comments. I fail to see the huge frickin difference between "SCO terminated" and SCO stated that they terminated".

      Obviously they had to "state" it in some form, just to let everyone know. And "stating it" doesn't make it any more true than than the original quote.

      Perhaps you should put your crack pipe away for a little while.

    12. Re:Poor way of phrasing it by Spellbinder · · Score: 1

      they did support the nazis with providing them with computer technology
      a alot of other american companys supported nazi germany too, like Standart Oil or Ford
      I don't know how much they really knew about what was going on in germany
      and if they really tried to support it or just tried to make profit
      but as matter of fact the german Luftwaffe would no have been able to fly without the delivery of a huge amount of specialized lube oil form Standart Oil
      first direct form the US later over 3rd party countrys

      --


      stop supporting microsoft with pirating their software!!!!!
    13. Re:Poor way of phrasing it by rifter · · Score: 1

      Sorry but you are completely wrong. IBM in germany was seized by the Nazis when they took over. Yes, IBM machines were being used by the Nazis, but IBM, the American company, was not helping the Nazis whatsoever. Even a cursory examination of the evidence readily at hand reveals the truth.

    14. Re:Poor way of phrasing it by Spellbinder · · Score: 1

      what I saw in a german documentation IBM was operated by IBM till USA entered the war

      --


      stop supporting microsoft with pirating their software!!!!!
    15. Re:Poor way of phrasing it by rifter · · Score: 1

      If you have proof of this, feel free to provide links.

    16. Re:Poor way of phrasing it by Spellbinder · · Score: 1

      guardian story
      announcement of a lawsuit
      bbc story
      Thomas J. Watson even recived a medal from Hitler for his role in global economic relations
      in the bbc story says In 1941 the US parent company distanced itself from the German subsidiary
      i think this should prove my claim
      i don't know if it is true that the american head of the coporation even knew about the holocaust their machines supported
      or if they like the lawyer claimes delivered machines after the USA took part in the war
      but if it was the case it will be very hard to prove because ibm could have destroyed any documents shortly after the war has been over

      --


      stop supporting microsoft with pirating their software!!!!!
    17. Re:Poor way of phrasing it by rifter · · Score: 1

      Thank you for the links, but these are stories I have read before. Thomas J. Watson was sent a medal from Hitler, who had awarded it to him, but he rejected the medal. The author of the book in question has done a lot to increase publicity and help sales of his book, including filing a lawsuit against IBM, but has not presented any new evidence for his case. The holocaust survivors' stories of instructions in English make perfect sense, as it is not in dispute at all that these computers were American and from an American company.

      The Nazis seized control of the German arm of IBM. This seizure is well documented as were many of the Nazi's actions. No one has ever presented proof that any communication whatsoever occurred between the German arm of IBM and the American arm during the war.

      The definitive tome on European goings-on during the period links to documentary evidence of this. But you won't see many people trumpeting on about that right now. Actually the Republican party has a curious history of being on the wrong side of wars....

      Anyway, it seems to me that IBM's side, that the book did not present new evidence and makes wild claims that do not have documentary basis, makes more sense in the face of the evidence. Besides, if IBM had sent anything to Germany after the war in Europe started they would have gotten into serious trouble. Meanwhile, they did manufacture guns, ammunition, and a number of other things for the Allies. Incidentally, I wonder what happened with the lawsuit? The news got awful quiet and it has been several years now...

    18. Re:Poor way of phrasing it by rifter · · Score: 1

      Damnit! /. ate my link, and I even previewed this time. Well here it is. Hmm. In view of the subject matter, I suppose I should admit I forgot to check whether the link was there during the preview... :P

  23. Re:if only i was a subscriber by bhtooefr · · Score: 1

    Actually, nobody posted before it appeared to non-subscribers... I know... I'm a non-subscriber like you. Anyway, SCO needs to read /. and see what they've done.

  24. Jar Jar? by nightsweat · · Score: 3, Funny

    I feel like Jar Jar Binks was manipulated into proposing the lawsuit to SCO so that Gates could start the UNIX clone wars and take over as Darth Corporate.

    --

    the major advances in civilization are processes which all but wreck the societies in which they occur - A.N. White
  25. LET'S GET READY TO RUMBLE!! by Shuasha · · Score: 5, Funny

    In the red corner, we have a 130 lb mental midget with nothing in his bag of tricks. In the blue corner, we have a 1200 lb gorilla with a nice suit on.
    Let's get it .... doh, it's over. :)

  26. Leading? SCO? HAH! by myowntrueself · · Score: 4, Funny

    I love the way the article describes SCO as;
    "a leading provider of business software solutions"

    Lets just redefine 'leading' shall we?

    Where i work we are very seriously working towards ridding our machine room of SCO forever.

    To this end, I'm taking suggestions as to innovative and torturous ways to take a SCO Unixware box down.

    Note; we will be putting Linux on the boxes after SCO is removed, so please, no suggestions that involve damage to the hardware.

    --
    In the free world the media isn't government run; the government is media run.
    1. Re:Leading? SCO? HAH! by kin_korn_karn · · Score: 5, Funny

      1) print out the Unixware license document onto soft paper
      2) eat taco bell
      3) next day, wipe ass with license document
      4) mail to SCO
      5) profit!

    2. Re:Leading? SCO? HAH! by acroyear · · Score: 1
      Lets just redefine 'leading' shall we?

      "Bleeding" works for me.

      --
      "But remember, most lynch mobs aren't this nice." (H.Simpson)
      -- Joe
    3. Re:Leading? SCO? HAH! by Jason+Earl · · Score: 1

      How about calling SCO tech support up, giving them your license number (or whatever), and asking them to help you replace Unixware with RedHat Linux?

      That should get the point across.

    4. Re:Leading? SCO? HAH! by byterbit · · Score: 0, Flamebait

      Just try to install and run the java JDK 1.4. Crash and boom.

      --
      "Nothing in the world can take the place of persistence. Talent will not. Nothing is more common than unsuccessful men w
    5. Re:Leading? SCO? HAH! by cHiphead · · Score: 1

      Note; we will be putting Linux on the boxes after SCO is removed, so please, no suggestions that involve damage to the hardware.


      doh, there goes my 13 story dropkick idea...

      --

      This is my sig. There are many like it, but this one is mine.
    6. Re:Leading? SCO? HAH! by chrysrobyn · · Score: 1
      Where i work we are very seriously working towards ridding our machine room of SCO forever.
      To this end, I'm taking suggestions as to innovative and torturous ways to take a SCO Unixware box down.
      Note; we will be putting Linux on the boxes after SCO is removed, so please, no suggestions that involve damage to the hardware.

      fdisk and mkfs. Simple, quick, to the point. Any ceremony you add increases the time you're running SCO. Depenending on where your office is, this is likely faster than even incinerating the hardware (starting the clock on where you poweroff the SCO install).

    7. Re:Leading? SCO? HAH! by dfn5 · · Score: 1
      Where i work we are very seriously working towards ridding our machine room of SCO forever.

      Thank GOD we had the insight to do this 7 years ago. We were using Dell Power edge servers, so we just gave them to the NT group and bought Sun gear to replace it. Life was good after that.

      --
      -- Thou hast strayed far from the path of the Avatar.
    8. Re:Leading? SCO? HAH! by Anonymous Coward · · Score: 0

      The next day? More like a few hours after lunch.

    9. Re:Leading? SCO? HAH! by PAjamian · · Score: 1
      I always wanted to know what would happen if you did:
      rm -rf /

      ...on a running system.

      --
      Windows is a bonfire, Linux is the sun. Linux only looks smaller if you lack perspective.
    10. Re:Leading? SCO? HAH! by Anonymous Coward · · Score: 0

      Wouldn't this infringe on Taco Bell's IP, namly the aromal and substantial bi-products of taco bell digestion?

    11. Re:Leading? SCO? HAH! by ThrobbingGristle · · Score: 1

      I have no suggestions that apply to Unixware, if you had some OpenServer systems, I could probably help.

      OpenServer 5.0.0 would lock up if you ran nmap -O on it. Or you could just wait for the bugs in the license daemon to crash the machine for you.

    12. Re:Leading? SCO? HAH! by Trailer+Trash · · Score: 1

      To this end, I'm taking suggestions as to innovative and torturous ways to take a SCO Unixware box down.

      Carefully zero out any parts of the running kernel which are covered by the GPL since being copied from Linux...

      Michael

    13. Re:Leading? SCO? HAH! by dacarr · · Score: 2, Funny
      To this end, I'm taking suggestions as to innovative and torturous ways to take a SCO Unixware box down.

      Might I suggest going here and learning how to ruin a VCR? You can apply the same exercises to a SCO box.

      --
      This sig no verb.
    14. Re:Leading? SCO? HAH! by Anonymous Coward · · Score: 0

      Send the SCO Unixware system files back to SCO email addresses in 10k blocks with the subject line take it back. After each file is emailed, delete it off your box.

    15. Re:Leading? SCO? HAH! by Anonymous Coward · · Score: 0

      SCO has an address from their webpage. Why don't you mail them your thoughts?

      The SCO Group
      355 South 520 West
      Suite 100
      Lindon, Utah 84042 USA

    16. Re:Leading? SCO? HAH! by kin_korn_karn · · Score: 0, Flamebait

      Utah? So they're mormons. No wonder they're uptight pricks.

    17. Re:Leading? SCO? HAH! by Anonymous Coward · · Score: 0

      Only next day? You've obviously never eaten at taco bell!

    18. Re:Leading? SCO? HAH! by FrankNputer · · Score: 1

      "Where i work we are very seriously working towards ridding our machine room of SCO forever.

      To this end, I'm taking suggestions as to innovative and torturous ways to take a SCO Unixware box down."

      Well, there's always

      cd /; rm -Rf *

      You could have an office pool on exactly what moment the machine locks.

    19. Re:Leading? SCO? HAH! by Anonymous Coward · · Score: 0

      Aw crap.

    20. Re:Leading? SCO? HAH! by rikkus-x · · Score: 1
      To this end, I'm taking suggestions as to innovative and torturous ways to take a SCO Unixware box down.

      Try removing a network route. Worked in OSR5. Perhaps they still haven't fixed it.

      Rik

    21. Re:Leading? SCO? HAH! by coolgeek · · Score: 1
      I seem to remember a web page where guys used liquid oxigen to rapidly prepare charcoal for grilling. I'd suggest something along those lines. Or we have a nice bridge here in Pasadena known as "Suicide Bridge", it's a few hundred foot drop to the arroyo. I heard a story once about a guy I met a couple of times, hurling some chicks' Vespa over the side...that was a looong time ago.

      DISCLAIMER: DO NOT ATTEMPT...THOUGHTS OF A PROFESSIONAL MANIAC NOT INTENDED FOR REAL-WORLD IMPLEMENTATION.

      --

      cat /dev/null >sig
    22. Re:Leading? SCO? HAH! by Anonymous Coward · · Score: 0

      May I suggest an improvement to step 2?

      Replace Taco Bell with White Castle.

      A bag of Onion Chips, an order of Chicken Rings, and a sack of 10 Sliders should provide a far more offensive result than Taco Bell.

    23. Re:Leading? SCO? HAH! by i_am_nitrogen · · Score: 1

      Utah? So they're mormons. No wonder they're uptight pricks.

      I won't even dignify this uninformed, prejudiced statement with a response. Oh, wait...

      Actually, Mormons aren't supposed to be that way. The other day I was wondering if the SCO dudes were, because if they are, they're not behaving that way.

    24. Re:Leading? SCO? HAH! by Fefe · · Score: 1

      What do you mean, no harm to the hardware?

      What mutilation to your hardware could possibly be worse than being used to run SCO?!

      If the hardware is still alive, it certainly won't feel any more pain and deserves merciful, quick and painless death, at least a lengthy quarantine.

    25. Re:Leading? SCO? HAH! by haggisman · · Score: 1

      Wonder what SCO would do if Micro$loth tapped them on the shoulder and said "We will buy you out - submit now" ??

    26. Re:Leading? SCO? HAH! by kin_korn_karn · · Score: 1


      I speak from experience. I worked for a small PC shop that was Mormon-owned. Half of the service calls I went on were gratis for other church members. The owner was the second most crooked businessman I've ever personally known. "Uptight pricks" may not be the right word, "sleazy pricks" would work better.

    27. Re:Leading? SCO? HAH! by i_am_nitrogen · · Score: 1

      That's indeed a shame. There are people in any group who claim to be members or supporters of that group, but don't act accordingly (the infamous hypocrites). They are found in religions, companies, politics, and even the Open Source community. Of course, nobody can claim to be perfect, everyone makes mistakes. I personally think that free service calls under some circumstances could just be considered charitable, as long as the owner was not doing it at the expense of others in the business, and you were still paid your due wages. Just as I hope people don't think of obnoxious script kiddies as representing the Linux and Open Source/Free Software communities, I hope that you can appreciate that the one is not necessarily an example of the many in this case as well.

    28. Re:Leading? SCO? HAH! by kin_korn_karn · · Score: 1

      You're right, it's unfair of me to say that all mormons are like him. Let me tell you another story.

      One of those free service calls was to a family - yes, a mormon family - that had just moved into town. The house was total squalor. The floor was barely visible in places, there was cat shit laying around not cleaned up, and the scariest part.. the kids were there. I have never seen such a dead look in the eyes of a kid. There were two young guys there that were doing their missionary, and two children sitting on a couch opposite from them. All four of them were staring straight ahead and registered nothing in their eyes. I guess they could have been high on something, but hard shit was hard to find there and I didn't smell and weed, and religions have a way of breaking the spirit and destroying the mind, and I could see it in those kids' faces.

      That was the only service call that I ever bailed on. I almost got fired, too.

      I also did a call for one of the church elders, another gratis call, and he was a nice guy. He had had strokes and didn't get around too well, but he was still sharp and one of the friendliest customers I had. But there's something about a mormon house that feels menacing - it must be the Mountain Man Jesus that they all have on the wall - so I got out as soon as I was done.

    29. Re:Leading? SCO? HAH! by Anonymous Coward · · Score: 0

      Fdisk works nicely

  27. oh no by Anonymous Coward · · Score: 0

    what does this actually mean for ibm? they cant sell aix anymore? i dont think so, does it just mean sco is going to be bought out ... damn straight it does, sco should just shut up sell themselves to the highest bidder and be done with it they're a mockary of a company im not even sure anyone will buy them, apart from ibm to get their lisence back, werent unix licenses from the open group anyway, who cares long live windows

  28. Discussion With The Court Clerk by BurritoWarrior · · Score: 4, Funny

    Does SCO realize how many HUGE companies use AIX? I mean they MUST, right?

    *SCO walks into court clerk*
    SCO: "We would like to sue a corporation today."
    Clerk: "Which One?"
    SCO: "All of them".
    *clerk collapses onto floor*

    1. Re:Discussion With The Court Clerk by Cid+Highwind · · Score: 5, Funny

      Clerk: Sorry, but we keep all of our briefs, filings, dockets and other paperwork in an Oracle database on a big Aix server. Thanks to your licensing shenanigans we're not allowed to use that anymore, so I'm afraid you'll just have to wait while we drag all the old typewriters and filing cabinets up from storage!
      SCO: You bastards! I'm holding this court liable for damages every minute that our filings are delayed.
      Clerk: While you're waiting, you should reformat your 40,000 page complaint and 1,100 page briefs from MS word files to typed paped documents. We need those in triplicate, so you might want to send one of your lawyers out for carbon paper.

      --
      0 1 - just my two bits
    2. Re:Discussion With The Court Clerk by Anonymous Coward · · Score: 1, Interesting
      I wonder what would happen if the court system uses AIX?

      "Sure, we'd love to file your complaint, but since your injunction made us shut down our servers, we can't do that".

    3. Re:Discussion With The Court Clerk by KingBuggo · · Score: 1

      I thought it would read a little more like the script to Fight Club. Everywhere SCO goes there are concerns of the urine content of their soup.

      --
      "no one knows how to fill in the void called america" --the discovery channel
    4. Re:Discussion With The Court Clerk by Anonymous Coward · · Score: 0

      *SCO walks into court clerk*
      Clerk: "Watch where you're fucking going."

    5. Re:Discussion With The Court Clerk by orbitalia · · Score: 1

      Well, having worked on it, I know for a fact the UK air traffic control system uses AIX.
      Can't see them turning that off any time soon :)

  29. The winner will be IBM by northwind · · Score: 2, Insightful

    The party with the most lawyers and cash will win.
    This is the rule of the court.

    1. Re:The winner will be IBM by oneishy · · Score: 1

      What happened to 'The party that is right will win'? Where has the expectation for justice gone? Justice is after all the rule of the land last I checked. (along with Innocent till proven guilty)

    2. Re:The winner will be IBM by Xabraxas · · Score: 1

      "The party that is right will win"? What planet do you live on? It's nice in theory but you're naive if you think that's the way things work. The justice in this country is horribly out of whack. "Innocent until proven guilty" is another one of those ideals that we like to think is a part of the basis of our country and our legal system but that's pretty much gone out the window. I'm not saying that it isn't written down somewhere that that's how it's supposed to be; it's just not that way.

      --
      Time makes more converts than reason
    3. Re:The winner will be IBM by oneishy · · Score: 1

      chalk another one up as un-seen sarcasim

  30. Greedy B'stards by tubabeat · · Score: 1

    "SCO is also today filing an amendment to the complaint against IBM for a permanent injunction requiring IBM to cease and desist all use and distribution of AIX and to destroy or return all copies of UNIX System V source code. In the amended complaint, SCO is seeking additional damages from IBM's multi-billion dollar AIX-related businesses that began accruing Friday, June 13th at midnight."

    Time for IBM to countersue perhaps. I wonder if this is what they have been waiting for?

    --
    "Linux is a serious competitor"
    - Steve Ballmer, Chief Executive Microsoft Corp.
  31. don't miss the McBride interview... by renard · · Score: 5, Informative
    CNET also has an extensive interview with SCO CEO Darl McBride, who is now claiming that there are "hundreds of thousands of lines" of infringing code in Linux. Choice quote: "The world seems to be divided into two camps - those that respect intellectual property and those that don't." I guess the only question then is: Which side is SCO on?

    -renard

    1. Re:don't miss the McBride interview... by Ami+Ganguli · · Score: 4, Interesting

      They're using an extremely broad definition of "derived". From that interview it's finally clear what they're trying to claim.

      They're saying that they have rights to any technology that any Unix company ever added to Unix. So the JFS, for example, which was added by IBM to their Unix derivative, can't be added by IBM to any other software (including OS/2 I suppose, which is where the Linux version actually came from).

      I really doubt that IBM was stupid enough to sign something that broad. In fact, it would be far more viral than the GPL. If I incorporate my proprietary code into GPLd software, I can still retain copyright to the code and continue to use it in my own projects. Apparently not so with SysV code.

      --
      It is tempting, if the only tool you have is a hammer, to treat everything as if it were a nail. - Abraham Maslow
    2. Re:don't miss the McBride interview... by interiot · · Score: 1

      Does this give anyone else flashbacks from the Clonaid thing only six months ago? The tactic seems to be the same: counter the public's increasing doubt with even more outrageous claims.

    3. Re:don't miss the McBride interview... by rhizome · · Score: 2, Insightful

      This just makes apparent something that has been bubbling under the surface for me over the past week: Darl McBride is trying to interview for his next job. Everything out of his mouth throughout this whole crapfest has been just another instance of proof that the guy can bullshit, lie, and exaggerate to the national news media and to the US Judicial system. Expect to find him in government or some large and periodically-hated company somewhere in two years.

      --
      When I was a kid, we only had one Darth.
    4. Re:don't miss the McBride interview... by Tackhead · · Score: 3, Funny
      > CNET also has an extensive interview with SCO CEO Darl McBride [com.com], who is now claiming that there are "hundreds of thousands of lines" of infringing code in Linux. Choice quote: "The world seems to be divided into two camps - those that respect intellectual property and those that don't."

      Lou "Agent Blue" Gerstner to Darl "Retro" McBride: "It seems that you have been living two lives, Mister McBride. One of these lives - has a future. The other - does not. Oh, who the fuck am I kidding. We're going to pound your balls flat with a mallet."

    5. Re:don't miss the McBride interview... by Taldo · · Score: 3, Funny

      I understand the position of 'Information Minister, State of Iraq' is open....

    6. Re:don't miss the McBride interview... by jobsagoodun · · Score: 1

      Actually, the two camps are 'Those with loaded guns' and 'Those that dig'.

    7. Re:don't miss the McBride interview... by Daniel+Dvorkin · · Score: 4, Funny
      I understand the position of 'Information Minister, State of Iraq' is open....
      "White House Press Secretary" seems equally applicable.
      --
      The correlation between ignorance of statistics and using "correlation is not causation" as an argument is close to 1.
    8. Re:don't miss the McBride interview... by Taldo · · Score: 1

      I dunno.... at first glance yes, it seems to apply. But the level of sheer chutzpah....

    9. Re:don't miss the McBride interview... by the+melon · · Score: 5, Interesting

      Aparently he is not that good at math either....

      "--if you look at the marketplace over the last two years, there've been 2 million servers shipped into the market. Our UnixWare price tag of $1,500 would have generated $3.5 billion in revenue for us."

      By my count that would be 3 billion if they had a 100% market share. But considering their share is about 2%, from all the numbers I have read, that would leave them with a rather generous $6 million.

    10. Re:don't miss the McBride interview... by jmorris42 · · Score: 1

      Three to one he ends up at Microsoft. They do have a history of rewarding people who scuttle their own company in service to the greater glory of Microsoft. Or has the /. collective forgotten Rick Belluzzo, the destroyer of HP and SGI, already?

      --
      Democrat delenda est
    11. Re: don't miss the McBride interview... by Black+Parrot · · Score: 1


      > Choice quote: "The world seems to be divided into two camps - those that respect intellectual property and those that don't."

      With quotes like that it sure is getting hard to stay skeptical about Microsoft pulling the puppet strings.

      --
      Sheesh, evil *and* a jerk. -- Jade
    12. Re:don't miss the McBride interview... by Anonymous Coward · · Score: 1, Informative

      Uh, maybe you should avoid commenting on math here. 2,000,000 x 1,500 x 0.02 = 60,000,000 or $60 million, quite different from $6.

    13. Re:don't miss the McBride interview... by Anonymous Coward · · Score: 0

      > Choice quote: "The world seems to be divided into two camps - those that respect intellectual property and those that don't."

      That may be, but the SCO jokers are definitely living in a world all their own.

    14. Re:don't miss the McBride interview... by Master+Bait · · Score: 1
      The US recently conquered a small oil-rich country after gaining public support using the same technique.

      --
      "Only in their dreams can men truly be free 'twas always thus, and always thus will be."
      --Tom Schulman
    15. Re:don't miss the McBride interview... by Anonymous Coward · · Score: 0

      wah! wah! people aren't buying my product because it's too expensive compared to the competition! It's not fair! wah! wah!

      will someone please run over this brat (preferably with a semi) to make him SHUT THE FUCK UP!

    16. Re:don't miss the McBride interview... by Anonymous Coward · · Score: 0

      you forget the part of the royalties they receive from sales of other unix distributions

    17. Re:don't miss the McBride interview... by fiontan · · Score: 1
      If I incorporate my proprietary code into GPLd software, I can still retain copyright to the code and continue to use it in my own projects. Apparently not so with SysV code.

      Since the code is now "derived from a GPL work", will your future projects using this code be required to be GPLd? Or as the code author, are you permitted to use the code under different licenses in different projects?

      Even if this is the case, what happens five years down the track, when someone notices that your non-GPL project uses identical code (in part) to a GPL work?

      This isn't a flame, I'd honestly like to know - as a developer myself, this is the biggest single thing that stops me from even thinking about assisting GPL projects.

    18. Re:don't miss the McBride interview... by identity0 · · Score: 1

      Here's some scenes I want to see:

      Agent Blue: Tell me, Mr. McBride... what use is a lawsuit... when you have no evidence?
      McBride: MMMmmmph!!! mmmnnng!! rrrrgh!!!

      Agent Blue: SCO is a disease... a cancer on this planet. We.... are the cure.

    19. Re:don't miss the McBride interview... by Ami+Ganguli · · Score: 1

      Nope, the code isn't derived from a GPL work. The GPL work might be said to derive partially from your work.

      Unless you explicitly do otherwise, you retain the copyright to your work, and you can do whatever you want with it. If you include it in a GPL work then you can't restrict what other people can do to the code, but that doesn't affect your rights.

      What happens five years down the line? Don't know. I would imagine that as long as you have some evidence of what really happened you're fine.

      In practice I don't think this has ever happened. Most people are very reasonable and don't particularly want to go to court, so you just explain what happened and that's the end of it. Note that you would normally have your name somewhere in the GPLd work, and that would lend credibility to what you're claiming.

      --
      It is tempting, if the only tool you have is a hammer, to treat everything as if it were a nail. - Abraham Maslow
    20. Re:don't miss the McBride interview... by Anonymous Coward · · Score: 0

      Or Medhi Ali, destroyer of the CBM Amiga.

    21. Re:don't miss the McBride interview... by Alsee · · Score: 1

      Even if this is the case, what happens five years down the track, when someone notices that your non-GPL project uses identical code (in part) to a GPL work?

      People might be suspicious and accusations might get thrown around, but it's perfectly legitimate.

      as a developer myself, this is the biggest single thing that stops me from even thinking about assisting GPL projects.

      No need to fear. You can sell/licence your work to different people under different terms as much as you like. It's only prohibited to take someone else's code without permission. If you contribute code into a GPL project the code you wrote is still yours and you could even sell it to Microsoft for use in Windows.

      It's prefectly possible for a company to buy the rights to use GPL code commercialy. They just need to make a deal with each author. It just tends to be difficult to do because there tend to be a lot of authors involved and they tend to be scattered. Unless a project keeps meticulous records it may be impossible to identify everyone involved.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    22. Re:don't miss the McBride interview... by jmorris42 · · Score: 1

      He wasn't working for Microsoft, he was just an ordinary criminal.

      --
      Democrat delenda est
    23. Re:don't miss the McBride interview... by Anonymous Coward · · Score: 0

      $60 million isn't a show lot for gross receipts either.

  32. Future licenses by Dark+Paladin · · Score: 5, Funny

    I think the big issue in question is all "future sales of AIX". That's the kicker - if IBM can't make new sales of the product, that will be as damaging to their reputation and product line as anything else out there.

    That is, of course, unless a judge does something like this:

    Judge: So, um, SCO, you're claiming IBM stole your code, right?

    SCO: Yes, and we will defend our intellectual property to the ends of the earth, to the moon and back, to the universe -

    Judge: Yeah, yeah, yeah. So, can we see this source code?

    SCO: Um, well, if we showed it to you, you might steal it as well.

    Judge: Huh?

    SCO: You're in it too - we know it! How much did IBM pay you to betray us?

    Judge: Are you on drugs? I just want to see the supposed code theft -

    SCO: Master betrayed us! No - Judge is our friend! Nobody's our friend!

    Judge: Case dismissed.

    Microsoft: But - but we licensed the code.

    SCO: (Holding legal documents.) Our presssssciousssss....

    1. Re:Future licenses by Drathos · · Score: 5, Informative
      If you check out the article here, you'll see that SCO isn't just claiming future sales are unlicensed.
      SCO said that the termination of the AIX license means that all IBM Unix customers also have no license to use the software. "This termination not only applies to new business by IBM, but also existing copies of AIX that are installed at all customer sites. All of it has to be destroyed," Sontag said.
      SCO is claiming that everyone, everywhere has to destroy their copies of AIX. I hope, for everyone's sake, that IBMs claims about the license being irrevocable are true.
      --
      End of line..
    2. Re:Future licenses by sweetooth · · Score: 1

      Actually I don't think not being able to sell future licenses is nearly as devastating as telling everyone you've already sold a license to that thier license is no longer valid and needs to be destroyed. At that point not only do you lose any potential future sales but your previous customers are totally screwed and don't trust doing business with you anymore.

    3. Re:Future licenses by robsimmon · · Score: 4, Funny

      SCO: Yes, and we will defend our intellectual property to the ends of the earth, to the moon and back, to the universe

      are any of these guys Scientologists?

    4. Re:Future licenses by Dark+Paladin · · Score: 1

      My apologies - you are right, I am wrong.

      If that's the case, that has to be the ballsiest thing I've heard since I tried to make out with my girlfriend with her parents in the room next door.

    5. Re:Future licenses by Platinum+Dragon · · Score: 1

      SCO is claiming that everyone, everywhere has to destroy their copies of AIX.

      If $CO really does go through with this exercise in futility, wait to see which companies jump at the opportunity to replace AIX boxen at the raided companies. Keep a close eye on which company(ies) make the most pitches. I understand, from a few posts on /., that Sun is already gearing up a campaign.

      One of SCO's supposed licencees for the SysV code, along with MS, is unknown. Any bets?

      --

      Someday, you're going to die. Get over it.
    6. Re:Future licenses by samhalliday · · Score: 1

      no, but they have links with the chinese

    7. Re:Future licenses by Anonymous Coward · · Score: 5, Funny

      Having used AIX from version 1.0 I can say
      that destroying all copies is not necessarily
      a bad thing.

    8. Re:Future licenses by pmz · · Score: 1

      I think the big issue in question is all "future sales of AIX". That's the kicker...

      Not necessarily. SCO's claims are sort of like a bug on a windshield (IBM just needs to wipe them away, and all is well, again).

      AIX has built a decent reputation as a competitor to Solaris, HP-UX, IRIX, etc. That alone is sufficient to consider it in future purchases, especially if some nice IBM hardware comes along for the ride.

    9. Re:Future licenses by schon · · Score: 3, Funny

      that has to be the ballsiest thing I've heard since I tried to make out with my girlfriend

      Dude, if they make noise, you should see a doctor. :o)

    10. Re:Future licenses by k1llt1me · · Score: 1

      Why on earth would you want to perpetuate the horror that is AIX...? You go SCO!! woot!!!

    11. Re:Future licenses by Drathos · · Score: 1

      Maybe I'm wrong, but I always thought Solaris was BSD derived, not SysV. If that's the case, Sun isn't the licencee that you're referring to.

      --
      End of line..
    12. Re:Future licenses by ajs · · Score: 5, Interesting
      Ok, IANALBIJTTO (I am not a lawyer, but I just talked to one) about this, and here's the scoop, which is kind of obvious if you think about it:

      SCO can do this if, and only if
      • They own the original rights
      • They have allowed for revocation in the license
      • They have allowed for revocation of any and all sub-licenses in the agreement as well
      So, you see the mold is already cast here. It's all in the license, and who owns the rights. The question is, what are the exact terms of the license, and can IBM get out of those terms on the basis of the capricious damage to their business or other grounds?

      I'm not a lawyer, this is a lawyer friend't assesment based on very little info and then translated through me, so take it with a grain of salt. But I think the general idea that SCO could not revoke the sub-licenses due to the damage to the market (as someone suggested) would be kind of moot, since SCO only has to demonstrate that THIS agreement allows such. Of course, IBM would be foolish to have allowed such a thing....
    13. Re:Future licenses by dougmc · · Score: 5, Informative
      I always thought Solaris was BSD derived, not SysV.
      SunOS 4.x was BSD-ish. SunOS 5.x and later, which most people just call Solaris 2.x and later, are SysV based.

      Sun had made a big bruja about how SunOS is the name of the OS and Solaris the entire package or something like that, but it doesn't really matter for our purposes.

    14. Re:Future licenses by Anonymous Coward · · Score: 0
      "SCO is also today filing an amendment to the complaint against IBM for a permanent injunction requiring IBM to cease and desist all use and distribution of AIX and to destroy or return all copies of UNIX System V source code."

      destroy or return... I vot for 'return' - in uncompressed punch card format. And send it with postage due.

    15. Re:Future licenses by Jim+Hall · · Score: 5, Informative

      {from article} SCO said that the termination of the AIX license means that all IBM Unix customers also have no license to use the software. "This termination not only applies to new business by IBM, but also existing copies of AIX that are installed at all customer sites. All of it has to be destroyed," Sontag said.

      I think the courts will disagree with SCO. The term to apply here 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 are "invalid".

    16. Re:Future licenses by Uart · · Score: 1

      IAANAL (I Am Also Not A Lawer), but I pretty much would have guessed that to be the case. IBM has been known to make strange licensing deals in the past, like when they let Microsoft sell DOS to other hardware manufacturers, which was very unusual at the time.

      I wouldn't be surprised if that was the case. Companies and their lawyers aren't so dumb as to try something they have no chance at. SCO's lawyers must have seen some clause in the documents that supports their ability to do this, otherwise they wouldn't waste their time.

      This is certainly an interesting move. Their lawsuit either wins, and they make money from IBM, or they fail, but instead sell Unix licenses to all of IBM's AIX customers, who surely won't want to start from scratch.

      --

      Opinionated Law Student Strikes Again!
    17. Re:Future licenses by Anonymous Coward · · Score: 0

      You know, just glancing at your comment for a second before I started reading, it really looked like ANALBURRITO. Thanks for the image. ;)

    18. Re:Future licenses by danila · · Score: 1

      Surely SCO have bought at least one copy of AIX. How about just bombing their HQ as per their request? :)

      --
      Future Wiki -- If you don't think about the future, you cannot have one.
    19. Re:Future licenses by Anonymous Coward · · Score: 0

      dude my girlfriend and I used to fuck in her room (which was above her parents room.) she was loud too, and we were smacking the bed everywhere. we did this for like 3 years but her parents loved me so they forgave me for fucking the living hell out of their daughter. aah, high school.

    20. Re:Future licenses by Anonymous Coward · · Score: 0

      SCO is claiming that everyone, everywhere has to destroy their copies of AIX. I hope, for everyone's sake, that IBMs claims about the license being irrevocable are true.

      But it's going to be hilarious if someone actually wipes their system clean on reading SCO's claims. Well, hilarious as long as it isn't where I work...

      I wonder whether you can successfully sue SCO if some employee follows their instructions.

    21. Re:Future licenses by Anonymous Coward · · Score: 0

      Having used AIX from version 1.0 I can say
      that destroying all copies is not necessarily
      a bad thing.


      And "But SCO said I had to!" might not be the best excuse but perhaps it's better than nothing.

    22. Re:Future licenses by ClosedSource · · Score: 2, Funny

      IANALEAIDPOOTV (I Am Not A Lawyer Either And I Don't Play One On TV) but ...

    23. Re:Future licenses by Arker · · Score: 1

      are any of these guys Scientologists?

      Pretty sure they're a pack of mormons actually. Probably the only thing going for their case actually - if IBM can't get a change of venue they'll be in court in Utah, and mormon judges have a not-always-undeserved reputation for being partial.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    24. Re:Future licenses by coupland · · Score: 0, Flamebait

      Ok, IANALBIJTTO (I am not a lawyer, but I just talked to one) about this

      Well thank God we've got a genuine IANALBIJTTO insight into this case. After all SCO and IBM barely know how to spell L-A-W-Y-E-R, neither have actually hired any. If you hadn't run this by a buddy while you were trimming the hedges we'd still be muddling through this mess. Fortunately the judge in this case will likely read about your neighbour's opinion and make a summary dismissal. Thanks for running this by a lawyer friend, I think we've achieved real closure here!

    25. Re:Future licenses by Anonymous Coward · · Score: 0

      how could they manage to sell unix licenses to AIX customers if they loose?

      and if they sell them before the thing is settled they better keep a big warchest for all those refund requests

    26. Re:Future licenses by WatertonMan · · Score: 1
      Come on. Compared to California courts Utah courts are notoriously fair.

      I don't know how many of these clowns are part of the old Caldera either. My understanding is that most of the old Caldera staff left.

      But making slurs about religion seems a bit much.

    27. Re:Future licenses by Anonymous Coward · · Score: 1, Insightful

      Of course, IBM would be foolish to have allowed such a thing....

      Oh no, IBM would never have made such a licensing mistake

    28. Re:Future licenses by nucrash · · Score: 2

      Granted earlier versions of AIX may have tended to suck, but v5L and beyond are pretty damn sweet.

      --
      Place something witty here
    29. Re:Future licenses by Anonymous Coward · · Score: 0

      Gosh, they could be Jews! Yeah, some of those damn shylock Jews. Or maybe Hindi! Or Moslem. Or Bahai. Or worse than any of them - Christian. From their self-righteous tone I'd bet they're some crazed Christians following some bizzare ancient ritual.

    30. Re:Future licenses by Arker · · Score: 1

      Come on. Compared to California courts Utah courts are notoriously fair.

      Depends on your case actually. Cali courts are notoriously unfair for certain cases, Utah ones for others.

      I don't know how many of these clowns are part of the old Caldera either. My understanding is that most of the old Caldera staff left.

      True that, some did. I suspect most is pushing it.

      But making slurs about religion seems a bit much.

      Is someone just a bit too touchy here?

      I challenge you to point to any slurs in my post. Have we reached the point where simply mentioning that someone belongs to a certain religion is considered a slur? Or to note that people in power sometimes are partial to people of their own religion? Those are not slurs, just observations.

      I even went to the extent of phrasing it very carefully to not imply that the reputation was always, or even often, deserved.

      The reputation is certainly there, and it is certainly sometimes deserved. I lived over a decade in southern Idaho (aka 'North Utah') and I've seen it in action on multiple occasions.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    31. Re:Future licenses by ccnull · · Score: 1

      SCO is claiming that everyone, everywhere has to destroy their copies of AIX.

      Does this mean everyone who bought AIX can get their money back, then?

    32. Re:Future licenses by Gekko · · Score: 1

      Actually SunOS is applied to the operating system, and Solaris the operating environment, which includes SunOS. Also solaris stopped being refered to as 2.x at the 2.6 release, since then it has simply been Solaris 7, 8, 9.

      --
      I mod down any one who says "I'm sure I will get modded down for this"
    33. Re:Future licenses by WatertonMan · · Score: 1
      You implies that Mormons are favored by judges in Utah. i.e. that Mormons can't be impartial judges. You implied that the present president of SCO was Mormon and thus would get special treatment in Utah. How am I supposed to take that?

      How is that different from folks back when JFK ran for President implying he was beholden to Catholic pressure.

    34. Re:Future licenses by Anonymous Coward · · Score: 0

      It would be if we were talking about a religion and not an overglorified cult. The mormons are only 1 step up from the Scientologists.

    35. Re:Future licenses by mce · · Score: 1

      And when you do uname -a on a Solaris 2.8, errmmm 8, box you get:

      SunOS sunrise 5.8 Generic_108528-21 sun4u sparc SUNW,Ultra-5_10

      I must say I never understood that nonsense. Before they know it, they'll be preparing to release Solaris 13, errrm 2.13, errmm SunOs 5.13... and end up thinking: "Well, 13 is an unlucky number. And besides, it feels 'big'. As if our product is an old hat that needs to be upgraded a lot to be usable. Why don't we rename it Apollo 2.0?" (And then HP sue them for using that name.)

    36. Re:Future licenses by deaddrunk · · Score: 1

      Helps if the licensee's mother is part of the legal department though I would have thought.

      --
      Does a Christian soccer team even need a goalkeeper?
    37. Re:Future licenses by Nicolas+MONNET · · Score: 1

      IT's not a religion, it's just yet another damn cult. Plus I find them scary with their fake smiles and their neato suits.

    38. Re:Future licenses by Llanfairpwllgwyngyll · · Score: 1

      The might have to rename "smit" to "smite" :-)

    39. Re:Future licenses by Anonymous Coward · · Score: 0

      your an ANAL BIJT TOO?

    40. Re:Future licenses by Gekko · · Score: 1

      Which is correct. If you read the man pages for uname you see that -r prints the operating system release level, which will give you 5.8. I'm not saying I agree with it, just saying how it is.

      --
      I mod down any one who says "I'm sure I will get modded down for this"
    41. Re:Future licenses by Anonymous Coward · · Score: 0

      Sure, we'll pay them in SCO stock after they lose the suit. :)

    42. Re:Future licenses by Hard_Code · · Score: 1

      Yeah, same thing with Gillette. Since they introduced that lubricant strip, swallowing razors has been much easier.

      --

      It's 10 PM. Do you know if you're un-American?
    43. Re:Future licenses by Anonymous Coward · · Score: 0

      Yeah can't we just see the US military stopping using AIX in the middle of the war on terror. Hmm I wonder if this action by SCO can be considered a terrorist act since they are attempting to damage the Military and our Homeland Security.

    44. Re:Future licenses by jad4 · · Score: 1

      > Yeah, same thing with Gillette. Since they introduced that lubricant strip, swallowing razors has been much easier.

      Yeah, but they taste like Shick.

  33. The Death March Begins. by saden1 · · Score: 4, Funny

    I hear SCO's war drums beating but I don't see any troops. Could they be hiding? I doubt it but their commanders seem to think that beating drums louder will scare of the "enemy."

    I'll just grab some popcorn and hope this will be as entertaining as advertised. SCO, put on a good show will you.

    --

    -----
    One is born into aristocracy, but mediocrity can only be achieved through hard work.
    1. Re:The Death March Begins. by mhore · · Score: 1
      ...but I don't see any troops



      They will show you their troops soon enough.

      --

      Mmmm......sacrelicious.

    2. Re:The Death March Begins. by Mononoke · · Score: 5, Funny
      I hear SCO's war drums beating but I don't see any troops.
      You have to sign the NDA first before you are allowed to see them.

      --
      NetInfo connection failed for server 127.0.0.1/local
    3. Re:The Death March Begins. by EverDense · · Score: 1

      I hear SCO's war drums beating but I don't see any troops.

      That is typical of a sinking corporation:
      Bringing a marching band to a gun fight.

      --
      http://jesus.everdense.com/
    4. Re:The Death March Begins. by msgmonkey · · Score: 1
      News source, 17 Jun 2003

      SCO when was asked about their apparent lack of troops and their imminent defeat, referred to a recent statement given out by the head of their new Department of Information, Mohammed Saeed al-Sahaf:

      "My feelings - as usual - we will slaughter them all"

    5. Re:The Death March Begins. by abe+ferlman · · Score: 1

      I hear SCO's war drums beating but I don't see any troops.

      You have to sign the NDA first before you are allowed to see them.


      It's also the world's first liquid NDA, they serve it mixed with kool-aid.

      --
      microsoftword.mp3 - it doesn't care that they're not words...
    6. Re:The Death March Begins. by Alsee · · Score: 1

      You have to sign the NDA first before you are allowed to see them.

      And the same goes for the troop's bullets.

      We can't allow any of those into your body till you sign the NDA. You might let a doctor see them! Not to fear, we offer NDA's to doctors too!

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  34. SCO needs to update their PR description by Frac · · Score: 5, Funny

    The SCO(R) Group (SCO), a leading provider of business software solutions...

    should be:

    The SCO(R) Group (SCO), a leading provider of frivolous lawsuits...

    Also,

    About SCO

    The SCO Group helps millions of customers in more than 82 countries to grow their businesses everyday. Headquartered in Lindon, Utah, SCO has a worldwide network of more than 11,000 resellers and 8,000 developers. SCO Global Services provides reliable localized support and services to partners and customers. For more information on SCO products and services, visit http://www.sco.com .


    should be:

    About SCO

    The SCO Group helps several SCO executives in USA grow their declining SCO stock value everyday. Headquartered in Lindon, Utah, SCO has a worldwide network of more than 11,000 lawyers and 8,000 pending lawsuits. SCO Global Services provides reliable Fear, Uncertainty and Doubt to Linux and IBM partners and customers. For more information on SCO lies, damn lies and lawsuits, visit http://www.sco.com.

    1. Re:SCO needs to update their PR description by Anonymous Coward · · Score: 0

      You catch on quick genius. Been reading /. for a couple days now haven't we?

    2. Re:SCO needs to update their PR description by no+reason+to+be+here · · Score: 1

      How, exactly, is their claim against IBM, et al. more substantial?

    3. Re:SCO needs to update their PR description by vadim_t · · Score: 1

      What substantial claim? They couldn't decide on whether the violation was in the kernel or somewhere else, and still haven't shown any evidence.

      There's no contradiction, as annoying as SCO is that doesn't make it impossible for them to be right about the DR-DOS lawsuit.

    4. Re:SCO needs to update their PR description by Frac · · Score: 2, Informative

      Dear SCO employee,

      So, when SCO sues Microsoft over DR-DOS (and wins)

      wrong. Caldera didn't win - they settled.

      But when they have a more substantial claim against IBM and Linux

      wrong again. There's no evidence their claims are any more substantial. In fact, there's evidence that there isn't much of a case behind their lawsuit.

      Thanks for playing! Bye!

    5. Re:SCO needs to update their PR description by Anonymous Coward · · Score: 0

      Jeez - just because they haven't shown evidence to YOU doesn't mean they don't have it. SCO could care less about idiot nerds whining on /. about seeing the code - they care about what the judge/jury think. I think they have a case, which is why I'm glad I switched to BSD. Linux will be gone within a year.

    6. Re:SCO needs to update their PR description by PetiePooo · · Score: 1

      Not to mention that, as has been pointed out numerous times all over the place, that was a different SCO.

      Pay attention now... class is about to begin.

    7. Re:SCO needs to update their PR description by black+mariah · · Score: 1

      DO they have a more substantial claim? If they had come out, shown some proof, and not gone insane threatening everyone that's ever used Linux, you'd probably see a lot of support from here. But they didn't. Instead they offer absolutely no proof, fire off letters basically telling everyone that uses Linux that they're software pirates, and now they're trying to exert control over code that other companies developed. When you pull bullshit stunts like this, you're going to get called on it.

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    8. Re:SCO needs to update their PR description by Anonymous Coward · · Score: 0

      So I still don't see the contradiction that the poster was talking about. Since WE haven't seen any evidence to support SCO's claim, how are WE being hypocritical regarding this lawsuit? Yeah, I know IHBT, but I've heard this line of "reasoning" too many times from people who were serious, so I figured I'd better respond just in case any of them happen to be reading this.

    9. Re:SCO needs to update their PR description by vadim_t · · Score: 1

      Wrong. I know you're trolling, but I'll explain just in case somebody falls for it. SCO would have showed the evidence if it had any. By law, you can't collect damages unless you tell the offender what they have done wrong and try to avoid further damage if possible.

      To explain it simply, if I'm selling furniture, and my provider of nails forgets about my order, I can't just stop working for a year, lose lots of money and then sue the provider for lost earnings. Now, if I tell the provider, and order my nails from somewhere else, I can collect.

      SCO still hasn't explained anything, and seems to have been quiet about this issue for a long time. Why? Because they have no proof.

    10. Re:SCO needs to update their PR description by ksheff · · Score: 1

      Millions of customers? I would think that if they still had millions of customers, they would be making money in product sales and support. But they aren't. They aren't. The only thing that made them profitable was a Microsoft payoff. The problem is that their customers are abandoning them for cheaper & better products.

      --
      the good ground has been paved over by suicidal maniacs
  35. SCO is hard to believe here by chrysrobyn · · Score: 5, Interesting
    SCO notified IBM on March 6, 2003 that it intended to terminate in 100 days, as required under the Software Agreement, as modified by a side letter, if IBM did not correct certain actions that violate the agreement. As of the deadline -- 12:00 midnight, June 13, 2003 -- IBM had not complied with SCO's request, which triggered the termination. The termination is self-effectuating.

    In order for IBM to be able to comply with certain actions, as I understand it, IBM would have to either:

    A) Stop selling AIX.

    B) Remove the offending code from Linux.

    In order to do A), well, IBM would have to give up. In order to do B), IBM would have to have a copy of what SCO thinks is the offending code, review it, engineer suitable replacements, and submit patches to Linus. I don't think Linus would necessarily have to accept it for IBM to prove that it has done all it could. But, I believe we've read before, SCO didn't want to share its violated code until last week or so. If IBM didn't have access to that until last week, SCO was asking IBM to take their word for it. Doesn't sound very legal to me.

    I've seen IBM work. Sometimes it's slow, but sometimes they can move a staff of 300k people so quickly the earth spins the other way. I've got to think that IBM has enough talent to replace many 60 line blocks and have them tested before 100 days had expired, if given a fair chance.

    Last night, I had convinced myself that I thought it was reasonable for IBM to be dual licensing code they had written. I'm still not sure SCO has proven IBM has liberated code, but if it had, and it was originally IBM's, why not allow it?

    By stating "IBM has clearly demonstrated its misuse of UNIX source code..." by "using UNIX methods to accelerate and improve Linux as a free operating system", is SCO saying that even if a completely disparate group of Unix virgin IBMers couldn't work on Linux without undermining the contract? That sounds awefully strict.

    1. Re:SCO is hard to believe here by cperciva · · Score: 5, Insightful

      In order to do B), IBM would have to have a copy of what SCO thinks is the offending code...

      IBM *has* a copy of the offending code. IBM has had a copy of the System V source code for years now. Anyone with a copy of both Linux and System V can easily find which lines they have in common.

    2. Re:SCO is hard to believe here by SirThomas · · Score: 1

      My understanding is that SCO is claming that IBM has to DESTROY all copies of AIX and return or destroy all copies of UNIX source code.
      This also applies to IBM's customers that USE AIX. They are supposed to destroy and stop using their copy of AIX.
      At least that is according to this article on Cnet: CNet Article

    3. Re:SCO is hard to believe here by chrysrobyn · · Score: 4, Informative
      IBM *has* a copy of the offending code. IBM has had a copy of the System V source code for years now. Anyone with a copy of both Linux and System V can easily find which lines they have in common.

      That's true only in the strictest sense of the word. SCO is alleging that IBM has made simple modifications to System V code and imported it to Linux. If this is the case, then a massive grepping party at IBM wouldn't reveal the offending code. You'd have to have an army of people sifting through tens or hundreds of megabytes code in order to find out what SCO is talking about. And how similar are we talking here? Where is the line between similar code that's similar because of illicit activity and similar code that's similar because it's the best approach drawn? If the scheduler is similar, perhaps that's because that's the best way to write a scheduler. It started out as very straightforward and based on academic works.

      I believe that SCO needs to be specific with the request, and any judgement against IBM needs to consider intent and practice. If a different team came up with the code, IBM shouldn't be liable. If SCO won't tell IBM what specific code is in question, IBM shouldn't be liable. If IBM legally

      dual-licensed the code that IBM wrote, IBM shouldn't be liable (key here is, does the SCO / IBM contract allow dual licensing?).
    4. Re:SCO is hard to believe here by brejc8 · · Score: 0

      Option B doesnt sound that bad
      B) Remove the offending code from Linux

      Here, I'll have a go

      >cd /usr/src/linux-2.4
      >for F in `find` ; do cat $F | sed s/SCO\ suxx/SCO\ is\ great/g > /tmp/temp; cp /tmp/temp $F; done;

    5. Re:SCO is hard to believe here by cperciva · · Score: 1

      SCO may be alleging that IBM made simple modifications to SysV code and put it into linux, but they're also alleging that there are *identical* comments. A massive grepping party should certainly be able to find those.

    6. Re:SCO is hard to believe here by cdrudge · · Score: 1

      But few people know for sure what SCO is claiming as theirs. You can't just do a diff of the two codes. There is so much cross-breding between all the different UNIXes that there is going to be duplicate code in there. Just exactly what duplicate code there is in there is the $1 billion dollar question.

    7. Re:SCO is hard to believe here by jedidiah · · Score: 2, Interesting

      There are clear signs from the SCO interviews that they are suffering from serious Megalomania. In the cnet article, he claims that AIX is a licenced version of System V and speak of it as if it were infact SCO property and not IBM's.

      They seem to be of the opinion that they can hijack EVERYONE's SVRx implementations. This doesn't just bode poorly for Linux and FreeBSD. These shenanigans may undermine all Unixen everywhere.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    8. Re:SCO is hard to believe here by V.+Mole · · Score: 1

      And as others have pointed out, so what? Any identical code could easily be from BSD. SysV is hardly a pure single-source code base. That's one reason that the whole "We're gonna show people identical code under an NDA" show is completely bogus. SCO needs to demonstrate that not only does Linux have SysV code in it, but also that it could not have come from any other source. Good luck.

    9. Re:SCO is hard to believe here by Trilaka · · Score: 1

      I just need to clarify, since it seems a lot of people are making the same mistake. According to SCO, IBM does not have 100 days from today to comply, they had 100 days from March 6th, 2003. That time period expired June 13th, 2003. The 100 day window has passed.

      IBM's standpoint is that they have nothing to fear, which is why they took no action (other than readying a substantial legal team, no doubt). They believe that their license cannot be revoked.

      I must say, I don't have access to any of the documents or evidence in this case, but I can only imagine that SCO must have something. At least enough to have a good possibility of convincing a judge that IBM has done wrong. Unless their (SCO's) legal team missed something big and are due for a big "DOH!" once IBM's legal team enlightens them, this could get real interesting real quick.

    10. Re:SCO is hard to believe here by MeanMF · · Score: 1

      In order for IBM to be able to comply with certain actions, as I understand it, IBM would have to either: A) Stop selling AIX. B) Remove the offending code from Linux.

      I don't think (B) would do it - they would have to remove the offending code from Linux and pay back royalties on prior versions of Linux.

      Last night, I had convinced myself that I thought it was reasonable for IBM to be dual licensing code they had written. I'm still not sure SCO has proven IBM has liberated code, but if it had, and it was originally IBM's, why not allow it?

      According to SCO, you're not allowed to reuse any of the UNIX code or any modifications/additions you make to it in any other products. If I were IBM I wouldn't have agreed to that, but if it's in the license agreement I don't see why it couldn't be enforced.

    11. Re:SCO is hard to believe here by Anonymous Coward · · Score: 0

      I've found it !

      printf("hello world");

    12. Re:SCO is hard to believe here by Anonymous Coward · · Score: 0

      Yeah, i tried. My results:
      "

      #include <iostream.h>

      "

    13. Re:SCO is hard to believe here by cavemanf16 · · Score: 2, Interesting

      I respect the SCO exec's for their incredibly large brass balls that they're displaying in this whole lawsuit mess. I agree with your comments, and here's why:

      Yes, it's logically ridiculous that SCO is claiming that because Linux and SCO have something almost identical in operation within their Operating Systems that somehow SCO thought of it first and is therefore entitled to oodles of money from nearly everyone and their mother for IP "infringement." However, what we really have here is a major test of the patent system. SCO exec's keep seeing company after company getting rich on patenting things like "one click shopping" ala Amazon.com and want their "fair share" of the pie. They're just pushing the envelope as far as they can.

      Reminds me of Dr. Evil: "My father would make outrageous claims that he invented the question mark..." (paraphrased as best I could remember ;) )

      SCO won't sue everyone all at once, and they'll definitely not accuse other companies using AIX as "infringing" parties, merely pawns that IBM used in IBM's tricky little games. Therefore, shouldn't IBM be forced to pay them "one.. hundred... billion dollars!?"

      It must take incredible balls to go after IBM like that, but I can see this wrecking IBM pretty significantly if it gets held up in court. I'd even wager that Microsoft will continue to front SCO the legal fees through more "license purchases" as long as SCO can whittle away at IBM and further Microcrap's dominance in the market.

    14. Re:SCO is hard to believe here by EvanED · · Score: 1

      Then grep the matches between Linux and SCO code it see if it's in BSD. If not, it's not from BSD.

    15. Re:SCO is hard to believe here by Anonymous Coward · · Score: 0

      IANAL, but read the AT&T letter and the SCO agreement. Both allow IBM to use its own IP from AIX (aka System V additions/improvements/changes) and developer know-how from working on AIX/System V in other projects. The only things the agreements restrict are copy/paste and memorization, in my opinion.

    16. Re:SCO is hard to believe here by zenyu · · Score: 3, Interesting

      IBM *has* a copy of the offending code. IBM has had a copy of the System V source code for years now. Anyone with a copy of both Linux and System V can easily find which lines they have in common.

      It's more complicated than that, most of System V is probably public domain, out there long before UNIX, or incorporated from the public during the 70's & 80's. Much of the rest is available under the BSD license which is GPL compatable. The rest is owned by one or more of a string of companies that have handled the code, perhaps including SCO. Figuring out what is what would require not just a diff, but publishing the common bits and putting out a call to locate their origin, I guess one would want also to ignore anything under a couple hundred lines too since that would probably not qualify for copyright. It could take years to track down everyone still alive, and it seems completely unneeded since there is no reason to think the tiny amount of code IBM has contributed is in any way proprietery. And from prior experience with the BSD case it is likely that SCO will turn out to be the infringer, hopefully we call all sue Microsoft for contributory infringement once SCO is goes under.

      Open Source programmers are a lot more careful when it comes to copyright than their Closed Source cousins, we're actually publishing evidence against us if we're not careful. The SCO dork is right, there are two worlds when it comes to "IP", he's just got his roles reversed.

      Wild Speculation: My hope is that the Xenix code will come out in discovery with BSD bits...but if any of the SCO executives crack, and it turns out Microsoft had a meeting with them anything like the infamous Netscape meeting, we won't need Xenix for grounds to sue.

    17. Re:SCO is hard to believe here by Anonymous Coward · · Score: 0

      Would also need to figure out WHEN it was taken from BSD. Things may have changed since then and the code may not still be there.

    18. Re:SCO is hard to believe here by Anonymous Coward · · Score: 0

      They're talking about copyright, not patents. They claim that parts of Linux code were copied verbatim from SysV. That may or may not be true, it could have come from BSD as well, but that remains to be seen.

    19. Re:SCO is hard to believe here by Josh · · Score: 1

      If there is a big back conspiring with and supporting SCO then my bet is that it will turn out to be Sun. They have mentioned Sun as a licensee in recent articles. In the Byte article Sun is the only company described as having a clean OS in SCO's view. The SCO 10-Q hints that the big backer has warrants on their stock. Sun benefits most from FUD against AIX and Linux, etc. IMO, Sun is the more likely candidate than MSFT.

    20. Re:SCO is hard to believe here by slam+smith · · Score: 1

      You are of course assuming that this isn't all about extorting as much money from IBM as posible. Every action that SCO has taken isn't to make things better. It is to attempt to come up with a nuclear winter option that has such terrible consequenses that IBM will fold and pay the protection money. Even if the nuclear winter option seems to be very unlikely. After all SCO now doesn't have anything to lose. They have pretty effectively burned thier bridges with the business community. Few people are going to want to do business with them anymore.

    21. Re: SCO is hard to believe here by Black+Parrot · · Score: 1


      > SCO notified IBM on March 6, 2003 that it intended to terminate in 100 days [...]

      What was the date that all those SCOX board members bought thousands of shares at dirt-cheap discounts? February 22 comes to mind, but I can't find the link again. It was on Slashdot within the past few days.

      --
      Sheesh, evil *and* a jerk. -- Jade
    22. Re:SCO is hard to believe here by ksheff · · Score: 1

      Or they may have been copied verbatim from Linux into SCO's codebase. Given the management & staff turnover rate in the merger, it's certainly possible. The people who really know are probably bound by a NDA and it's closed source, so no one really knows what they're talking about. SCO can produce sanitised code for it's 'experts' to review and they would just have to take SCO's word on the origin.

      --
      the good ground has been paved over by suicidal maniacs
    23. Re:SCO is hard to believe here by Anonymous Coward · · Score: 0

      no shit. their OS is underperforming and overpriced and their support sucks

    24. Re:SCO is hard to believe here by PhxBlue · · Score: 1

      Anyone with a copy of both Linux and System V can easily find which lines they have in common.

      Why don't you get right on that? Oh, and I'll need you to come in Saturday, too. Okay? Grreeeeaat.

      --
      !#@%*)anks for hanging up the phone, dear.
  36. Is this an illegal move or just a choice? by bkedelen · · Score: 0

    Am I right in saying that SCO can choose to cancel IBM's license if it wants to, as long as it meets any contractual obligations it made? They are only doing this as a punitive endeavor to make IBM settle out of court on the completely unrelated Linux issue, right?

  37. 1st April right? by Anonymous Coward · · Score: 0

    In other news, Duke Nukem Forever was released today.

  38. Pissing in the Well by rossjudson · · Score: 5, Interesting

    The real issue that's going to be litigated here is to what extent SCO can claim damages from another company if the infringement is tiny. The very best thing that SCO can muster, in this case, is that they've identified a subroutine or two that seem to be close or identifical to something they claim is their own code. Let's suppose that this is true. What effect does this small infringment have on the entirety of Linux? Can they claim that Linux is an infringing product when only a tiny part of it contains (arguably) any SCO code?

    The court is going to have to struggle with this part/whole issue. If I had to guess, I'd say that if it hit a jury, the jury would tend to be fairly absolute -- as in, you copied this tiny bit, so now you're liable for the whole thing. A judge is probably going to weight the infraction versus the whole.

    And I really don't know what the law is on this. Maybe a legal type can help us out here.

    1. Re:Pissing in the Well by Jerf · · Score: 2, Interesting

      Copyright law is out to lunch on this issue.

      In general, copyright covers code better then patents (which is completely broken by trying to cover software), but even copyright law buckles here. It's one thing to talk about one paragraph dropped into a ten page work. It's another to talk about one paragraph dropped into a 100,000 page work (using a page as 1KB or so, which is reasonably standard). There's just a night-and-day difference here.

      Even if the original owner is entitled to compensation one questions the wisdom of the remedy consisting of yanking the legality from the entire work. If this were to get far enough I would not be surprised to see some sort of new doctrine come out of either Congress or the Supreme Court limiting the ability of one IP owner out of literally thousands to screw up the product, on the theory that its completely unfair to the other thousands of owners.

    2. Re:Pissing in the Well by Anonymous Coward · · Score: 0

      They are saying those "80 lines" are the tip of the iceberg, and that there is actually "hundreds of thousands" of lines of code in Linux that came from their Unix.

    3. Re:Pissing in the Well by MeanMF · · Score: 4, Interesting

      The real issue that's going to be litigated here is to what extent SCO can claim damages from another company if the infringement is tiny. The very best thing that SCO can muster, in this case, is that they've identified a subroutine or two that seem to be close or identifical to something they claim is their own code.

      They're claming much more than that now - in a recent interview their CEO is now claiming the following:
      "We're not talking about just lines of code; we're talking about entire programs. We're talking about hundred of thousands of lines of code...We're talking about line-by-line code copying. That includes not just the function but the exact, word-for-word lines of code. And the developer comments are exactly, 100 percent the same."

    4. Re:Pissing in the Well by dacarr · · Score: 1
      You might keep in mind, though, that one can shoot themselves in the foot by allowing IP to become defacto standard, and then try and collect on its use. It's little more than a shot to credibility, though, but in some cases it can potentially be enough to totally disrupt a company.

      You may consider what happened to Unisys with GIF a few years back (the community at larged migrated to PNG or JPG, seemingly out of protest, generally out of compliance (and GIFs these days are just crap by standards anyway)), as well as the company that is now laying claim to JPEG. The standards were established, the company came in years later ("Hey! That's ours! Pay!"), and any credibility the company had at one time was heavily crippled.

      In the end, this may not be a landmark case of why you should protect your IP from the beginning if you intend to protect it (since there are now just so damn many of these cases), and I think it'll be Yet Another of these. But it will probably serve as a better example than the Unisys/GIF case.

      Chalk it up to chutzpah in the end.

      --
      This sig no verb.
    5. Re:Pissing in the Well by Cylix · · Score: 1

      Whole programs?

      The problem I have these rampant code theft claims goes back to an original flaw in the type of theft. It is freely open source and anyone can audit the code.

      I can't believe anyone would do something so terribly stupid as to thieve code and release under the gpl.

      Conspiracy theorists can chime in and say... unless they wanted to be caught.

      I will not believe it until I see. I refuse to fuel the machine ;)

      --
      "You should always go to other people's funerals; otherwise, they won't come to yours." -- Yogi Berra
    6. Re:Pissing in the Well by Anonymous Coward · · Score: 1, Funny

      "And the developer comments are exactly, 100 percent the same."

      I.e. non-existent.

    7. Re:Pissing in the Well by Anonymous Coward · · Score: 0

      He's probably including all the GNU programs that SCO distributes on their SkunkWorks CDs. It has SCO on the label, it MUST be THEIR IP!

  39. Leading like the sacrificial lamb... by TheConfusedOne · · Score: 3, Funny

    LINDON, Utah, Jun 16, 2003 /PRNewswire-FirstCall via COMTEX/ -- The SCO(R) Group (SCO) (SCOX) , a leading provider of business software solutions ...

    They're leading the way for other companies who want to commit IP suicide.

    --
    --- I wish I could hear the soundtrack to my life. That way I'd know when to duck.
  40. Schumpter's Creative Destruction - Re:Insanity! by leoaugust · · Score: 5, Funny

    I guess this is what Schumpter meant by Creative Destruction.

    It would of course be better if SCO is destroyed, but if IBM needs to be destroyed SO BE IT !!

    I am all for a good fight !!!

    P.S. I just hope Linux-spirit does not get destroyed in the uncertainity that will be spawned. What can uncertainity do? Just ask Alan Greenspan.

    --
    To see a world in a grain of sand, and then to step back and see the beach where the sand lies ...
    1. Re:Schumpter's Creative Destruction - Re:Insanity! by TopShelf · · Score: 1

      In a way, this is the opposite of Schumpeter's Creative Destruction. Under Schumpeter, new technologies and companies grow and wipe out the older generation in the process. In this case, we have an increasingly irrelevant loser of a company that's trying to set off an IP Doomsday Device to wipe out that part of the IT world that is new and ascending (Linux in the enterprise).

      --
      Stop by my site where I write about ERP systems & more
    2. Re:Schumpter's Creative Destruction - Re:Insanity! by Artifex · · Score: 1
      In a way, this is the opposite of Schumpeter's Creative Destruction. [...] In this case, we have an increasingly irrelevant loser of a company that's trying to set off an IP Doomsday Device to wipe out that part of the IT world that is new and ascending (Linux in the enterprise).


      It's really just confirmation. Think of it as the death throes of a company based on an old business model, etc. Sure, if SCO won, or even if the battle is prolonged, it could set back changes that are happening with new models of IP ownership, etc. But in the long run, this is all part of the trend. Regardless of the outcome, IP lawyers and the programming community are already dealing with a changing system, and more challenges by/against other large players are certainly to be expected.
      --
      Get off my launchpad!
    3. Re:Schumpter's Creative Destruction - Re:Insanity! by ksheff · · Score: 1

      Sorry, even if SCO does 'win' the lawsuit, they will still lose. Nobody is going to go back to their crap once they've moved to a free *nix. If companies are paranoid about linux, they can just move to BSD. Who would be next? Sun? HP? I imagine many of the businesses with 'invalid' AIX licenses would love to be a part of a lawsuit against SCO.

      --
      the good ground has been paved over by suicidal maniacs
    4. Re:Schumpter's Creative Destruction - Re:Insanity! by Artifex · · Score: 1
      Sorry, even if SCO does 'win' the lawsuit, they will still lose. Nobody is going to go back to their crap once they've moved to a free *nix.


      You're missing the point. I agree that SCO's time is over. However, if they were to win this case, it would slow the change that will inevitably occur anyway, of people moving to new models of IP ownership and rights, etc. This is because existing rights to sublicensing agreements for a lot of companies would have to be re-examined, as well what happens to GPLed code in projects where it's alleged that some other code in the project is not GPL, etc.
      --
      Get off my launchpad!
    5. Re:Schumpter's Creative Destruction - Re:Insanity! by Ripplet · · Score: 1

      >Linux-spirit
      Is that similar to that old Janx spirit?

      --

      Skiing? Check out The Independant Skiers Portal

  41. BSA should raid IBM premises by u19925 · · Score: 1, Interesting

    when would BSA raid IBM premises? Looks like they are the biggest software pirates.

  42. who owns SCO? by Submarine · · Score: 1

    Who owns SCO? I have the impression that IBM should try buying it, if only to stop it from pissing everybody off.

    1. Re:who owns SCO? by kalidasa · · Score: 3, Insightful

      Who owns SCO? I have the impression that IBM should try buying it, if only to stop it from pissing everybody off.

      That's the whole point. Most analysts think SCO is doing this simply to make themselves obnoxious enough for IBM to buy them. That's why SCO's stock goes up when they get obnoxious: buyers are betting that IBM will finally decide it's easier to pay to make it go away.

    2. Re:who owns SCO? by nullard · · Score: 1

      I think that's SCO's point. They are begging to be bought.

      --


      t'nera semordnilap
    3. Re:who owns SCO? by Elwood+P+Dowd · · Score: 3, Funny

      IBM should offer to buy SCO for $4. When they say, "That makes no sense! SCO is trading for $10!" IBM's obvious response will be:

      "No. $4. Not $4 per share."

      You know. Pull an Ellison on them.

      --

      There are no trails. There are no trees out here.
    4. Re:who owns SCO? by cdrudge · · Score: 1

      The shareholders own SCO obviously. Canopy Group and Ralph Yarro are the big guys. Here are the major owners:

      The following table sets forth, as of November 30, 2002, the number of shares of the common stock held of record or beneficially by each person who held of record, or who had the right to acquire shares within 60 days, or was known by us to own beneficially, more than 5% of the Company's stock, and the name and holdings of each director and named executive officer and of all executive officers and directors as a group.

      The Canopy Group, Inc. 5,318,494 46.2%
      John R. Wall 800,000 6.9%

      Ralph J. Yarro, III 5,388,669 46.8%
      Steve Cakebread 42,292 *
      Edward E. Iacobucci 57,500 *
      Darcy Mott 5,318,831 46.2%
      R. Duff Thompson 22,500 *
      Thomas P. Raimondi, Jr. 47,500 *
      Darl C. McBride 0 *
      Robert K. Bench 281,855 2.4%
      Sean Wilson 0 *
      Chris Sontag 0 *
      Opinder Bawa 20,833 *

      All Officers and Directors as a Group (11 Persons)
      5,835,591 50.7%

      SEC filings are your friend: http://www.sec.gov/Archives/edgar/data/1102542/000 104746903007344/a2104670z10-ka.htm

    5. Re:who owns SCO? by just+someone · · Score: 1

      Having problems with the math...
      46%+46%+46% = 50%.

    6. Re:who owns SCO? by cdrudge · · Score: 1

      It would appear yes...but not really. I beleive that Darcy Mott's share is the same as Canopy Groups, but I'm not sure. Check out the original SEC filing here.

  43. Thought for the Day by Mu*puppy · · Score: 2, Funny

    Wise man say: "Do not taunt the sumo..."

    --
    There's no wrong way, to eat a Rhesus...
  44. This will tell you the kind of company SCO is by Le+Marteau · · Score: 1

    From their press release:

    About SCO

    The SCO Group (SCOX) helps millions of customers in more than 82 countries to grow their businesses everyday.


    You can tell alot from the first line of a mission statement. The first line of their mission statement says nothing about technology, but that they "grow businesses". Is it any wonder their management is being such pricks about Linux? That line says it all... they are being lead not by engineers but by marketdroids with a goal of doing only one thing: making as much money as possible, by any means possible.

    --
    Mod down people who tell people how to mod in their sigs
    1. Re:This will tell you the kind of company SCO is by TheRaven64 · · Score: 1
      The first line of their mission statement says nothing about technology, but that they "grow businesses".

      Why exactly is this bad? Customers buy technology to use it to be more commercially viable, not to say 'wow! Technology! Shiny!' Helping cutomers 'to grow their buisnesses' is exactly what IBM's eBuisness adverts have been about (don't worry about the technology, we do that bit. You focus on your buisness). SCO's official mission statement is laudable, it's their unofficial one of 'sue people at random to inflate our stock price' that is bad.

      --
      I am TheRaven on Soylent News
  45. Re:if only i was a subscriber by jmays · · Score: 1

    Read this if you think subscribers can post before and article goes live.

    --
    KARMA TAG! You're it.
  46. Novell, come help IBM... by bhtooefr · · Score: 1

    ... not like IBM needs their help, but they could say "Fuck SCO! SCO, you're losing your Novell UNIX license. Anyone who's been screwed over by SCO, your SCOX license, even if it was terminated, is now a Novell UNIX license under the same terms as the SCOX license with the same remaining time (not counting early termination threats by SCO."

  47. zerg by Lord+Omlette · · Score: 5, Funny

    Dear SCO,

    I would like some of what you are smoking. Please hook a brother up. Thanks in advance.

    --
    [o]_O
    1. Re:zerg by Dunkirk · · Score: 2, Interesting

      /me picks himself off floor

      I still say we need a +6 for these kinds of comments. Someone else once posted a followup to this thought that we ought to have "posts of the day" or somesuch. Whatever form it takes, we need a way to get the "best of the best" available in an easy-to-read form.

      --
      Acts 17:28, "For in Him we live, and move, and have our being."
    2. Re:zerg by Anonymous Coward · · Score: 1

      This will let them know how you feel, dont be shy!
      Dear SCO,

      I would like some of what you are smoking. Please hook a brother up. Thanks in advance.

    3. Re:zerg by roman_mir · · Score: 1

      Dear Lord Omlette, wassssup brada! We've got bongs, we've got papers, we've got da best sh*t in da taun!

      Yo, my hands are so huuuge, for now I think I am going to armwrestle that excavator over there!

    4. Re:zerg by Anonymous Coward · · Score: 0

      Shit! That was funny! I had to send 10 of them.... ROTFLOL

    5. Re:zerg by boots@work · · Score: 1
      My guess is they're smoking angel dust, and you're far better off keeping away from it:

      Effects include:


      Death from stopped breathing, convulsions, brain hemorrhage, kidney failure, drug combinations, fatal accidents. Murder, suicide, self mutilation, and drowning from swimming under the influence to enhance floating sensation.


      Sounds about right.
    6. Re:zerg by Anonymous Coward · · Score: 0

      Mt. Dew nose expelled from. Yes. /Yoda

  48. Sleeping Giant by Desval · · Score: 1

    Reminds me of something...

    'I fear we have awakened a sleeping giant'
    -Admiral Yamato after the attack on Pearl Harbor

    Or something like that.

    --
    7061756c4073697267616c616861642e6f7267 687474703a2f2f7777772e73697267616c616861642e6f7267 2f7061756c
    1. Re:Sleeping Giant by rifter · · Score: 1

      Legend (and the movie "Tora! Tora! Tora!") has it that after realizing that the bombing of Pearl Harbor was a surprise to Americans Admiral Yamamoto said, "I fear that we have awakened a sleeping giant and filled him with a terrible resolve."

      Some sources I have found in the past said that he was misquoted or that the quote was a legend. It is still a very famous and oft-quoted er, quote. :) One of the reasons cited for this quote being false is that the Japanese meant Pearl Harbor to be a surprise attack.

  49. SCO bad move by falsification · · Score: 1

    SCO just stepped into some seriously nasty, smelly stuff. Bad move, SCO. Baaaaaaaadddddd move.

    1. Re:SCO bad move by Tackhead · · Score: 1
      > SCO just stepped into some seriously nasty, smelly stuff. Bad move, SCO. Baaaaaaaadddddd move.

      Hmph, maybe "in Soviet Russia".

      But in America, we say things the right way 'round. I think you really meant to say:

      "A sloppy, maggot-ridden, reeking glob of cow shit got some of itself stuck to some SCO executive's shoe. Bad move. What'd that cow patty do to deserve that?"

  50. Talking to the hand by Anonymous Coward · · Score: 0
    Because IBM sure isn't listening.

    I do hope that they are preparing to drop a large thermonuclear device down SCO's shorts that will remove a few more letters from Darl's name...

  51. In related news... by phathead296 · · Score: 5, Interesting

    IBM's stock is up over 2% today while SCO's stock (SCOX) is down over 2%.

    Nice to see Wall Street react appropriately to this news.

  52. Re:What's going on? by Anonymous Coward · · Score: 0

    This is hands-down the funniest thing that has ever been written in the history of the universe.

  53. Strange thing about SCOX... by Anonymous Coward · · Score: 0

    52 Week Range: 0.60 to 11.95

    It might have been nice to put a few grand in SCO anytime last year. Hows a 20x gain feel, I wonder?

  54. Relation to Microsoft by cheesedog · · Score: 1

    The money, like a sweet virus, trickled into Caldera's veins to the tune of around $450 million as the settlement for the DR-DOS suit against Microsoft. Once in the bloodstream, it spread to the heart, brain. The lungs were the last organ to be affected, until Darrel McBride could no longer breath without trying to squash the impetuous mosquito that is Linux and all its devil-spawn communist long-hairs.

  55. I think this about sums it up by Vaystrem · · Score: 2, Informative

    From: News.com

    "In 1995, Novell sold SCO Unix copyrights and contracts with many large companies, including Hewlett-Packard, IBM and Compaq Computer. Though those licenses lay largely dormant for years,SCO decided that they could be a source of revenue that could bolster the struggling company's fortunes after its failure to make a business of selling Linux."

    1. Old Dusty Contracts
    2. ???
    3. Profit

  56. why not a TRO? by Anonymous Coward · · Score: 2, Interesting

    IANAL, but, if they had half a case, they should have sought an immediate temporary restraining order. A permanent injuction is granted as part of the final ruling of the court.

    The problem with the TRO, is that you really have to show cause before screwing up your opponent's business.

    1. Re:why not a TRO? by Anonymous Coward · · Score: 0

      Agreed. they also would not have backed down against LinuxTag to avoid penalties in Germany.

  57. What about IBM? by hak+hak · · Score: 1
    Has IBM already given any comments? Or are they just ignoring SCO, hoping they will ultimately kill themselves?

    --

    1. Re:What about IBM? by dacarr · · Score: 1
      --
      This sig no verb.
  58. I'm not sure what to make of this by tx_kanuck · · Score: 2, Interesting

    On one hand, SCO is trying to protect what they see as theirs to protect. On the otherhand, they are ruining their reputation in the marketplace. To suddenly say that all of IBMs sub-licenses are now invalid will do nothing but piss off the owners of those licenses. IANAL, but I don't see how a judge can agree with them. To force every company that uses AIX (and there are quite a few of them) would bring the economy to its knees. If unscheduled downtime costs companies so much money (arguably in the $K's a min), how much will it cost them to suddenly shut down their systems, and converty everything over to non-AIX boxes? As for what I think, I think that SCO will have hundreds of major corporations sue them for terminating their licenese. Imagine if Microsoft suddenly said that all of Dell's sublicenes were invalid. (ok ok, probably apples and oranges, but still) Would every Dell running a Windows OS suddenly be illegal? I can't see SCO surviving this lawsuit as a company. All they want is to be bought out, and I think that won't happen. If IBM is smart (or feeling vindictive), they will sue SCO until they declare bankrupacy, and then buy the UNIX IP off of them. Just IMO.

    --
    Now, if that makes sense to anyone, could you please explain it to me? I think I've confused myself.
    1. Re:I'm not sure what to make of this by Bakaneko · · Score: 1

      Here are two things I personally know you wouldn't be able to do tomorrow if that AIX thing went through, and probably wouldn't be able to do for MONTHS, since a porting effort would be involved.

      * File health claims with a major healthcare company. Heck, actually because payroll runs on AIX for that company too, you could expect them to have trouble even doing ANY business for a while.
      * Have instant tracking of location and resources for 911 calls for many major cities. You'd still be able to make 911 calls (they all have backup procedures) but quite often this would be a punch-card system from 20+ years ago. Response times, particularly in "heavy activity" areas...

      Sounds to me like SCO's statements could be construed as threatening public safety.

  59. Take a hint from greenpeace? by earthforce_1 · · Score: 4, Interesting


    I heard a common environmentalist tactic was to have a large number of individuals buy exactly one share of a corporation they disliked, then show up en mass at the shareholders meeting, (they cannot be refused entry as a shareholder) and liven up the party.

    --
    My rights don't need management.
    1. Re:Take a hint from greenpeace? by Anonymous Coward · · Score: 0

      This isn't a tactic used to change the minds' of other investors. This is a means to gain attention, much like a two-year old crying in a supermarket.

    2. Re:Take a hint from greenpeace? by Dashmon · · Score: 1

      With all the people that seem to read /., I think we could get CowboyNeal a seat in their Board in no time.

    3. Re:Take a hint from greenpeace? by stud9920 · · Score: 1

      You mean like Ralph Nader being refused access to a presidential debate to which he even had tickets for ?

    4. Re:Take a hint from greenpeace? by Anonymous Coward · · Score: 0

      No way, these losers are probably doing this because it's the only way they will get any money for the shares they have. Look how much that stock price has gone up.

    5. Re:Take a hint from greenpeace? by deblau · · Score: 1

      I've got $90, I'll buy a share of IBM.

      --
      This post expresses my opinion, not that of my employer. And yes, IAAL.
    6. Re:Take a hint from greenpeace? by deblau · · Score: 1

      Yes, replying to my own post is lame, but lest all the unwashed masses think I dislike IBM, I'd like to point out that I'm never, ever going to buy any SCOX stock. Why drive up their stock value and give McBride a chance to cash out for more money? I'd rather give the 800# gorilla my hard-earned bucks. Besides, it'd be cool to show up at an IBM shareholders' meeting and spike the punch.

      --
      This post expresses my opinion, not that of my employer. And yes, IAAL.
  60. SCO has a good chance by Anonymous Coward · · Score: 0

    It is possible that IBM will settle out of court to make them go away... Smart stategy.

    1. Re:SCO has a good chance by Anonymous Coward · · Score: 0

      what are you, retarded?
      stomp sco's asses to death

    2. Re:SCO has a good chance by Anonymous Coward · · Score: 0

      You are too stupid to understand the negative business impact to IBM as a result of this...

  61. AT&T may be getting in volved as well. by eric76 · · Score: 5, Interesting

    From http://www.infoworld.com/article/03/06/16/24OPcrin gely_1.html:

    Without even knowing it, SCO may have started a war of attrition with much larger enemies that have deeper pockets. Within the halls at AT&T, folks were chattering just last week that AT&T still has reserved rights on Unix. Naturally, the company is paying close attention to the various legal claims that SCO is making and may join the battle soon. My spy said the word around AT&T is that this will all be resolved shortly. But one has to wonder how long SCO could survive if it had opponents in multiple courtrooms â" those being, of course, IBM and AT&T.

    I wonder what rights AT&T retained.

    1. Re:AT&T may be getting in volved as well. by Anonymous Coward · · Score: 0

      IBM and AT&T have very very very close ties. SCO should be as just as "very" careful :)

    2. Re:AT&T may be getting in volved as well. by Anonymous Coward · · Score: 0

      that kink is broken. You dint check it did you? try again

    3. Re:AT&T may be getting in volved as well. by eric76 · · Score: 1

      That's a weird link.

      Try going to news.google.com, enter SCO in the search box, click on "sort by date", and go to the second page of search results. The article is titled "Gettin' my mojo back".

    4. Re:AT&T may be getting in volved as well. by hendridm · · Score: 3, Funny

      > I wonder what rights AT&T retained.

      The right to remain silent.

    5. Re:AT&T may be getting in volved as well. by Anonymous Coward · · Score: 0

      that kink is broken

      wow.. kinky

  62. The fireworks will be spectacular... by gillbates · · Score: 4, Insightful

    Does anybody else get the impression that Big Blue is going to give SCO a bloody nose over this whole thing? I mean, come on, SCO! It should be obvious by now that IBM isn't going to buy you - they're going to sue you into bankruptcy, and then buy the rights to your code from your liquidators at a dirt cheap price.

    Someone needs to give SCO a clue.

    --
    The society for a thought-free internet welcomes you.
    1. Re:The fireworks will be spectacular... by Anonymous Coward · · Score: 0

      SCO shareholders must be fairly happy with how their company is going (esp lately), but if IBM et-al kills SCO cleanly, just imagine the shareholder lawsuit against current SCO management.

  63. It gets worse by mccormi · · Score: 5, Informative

    SCO is now claiming that they could possibly own the rights to most major OSs, including the *BSDs, OSX, and possibly even Microsofts OSs.

    1. Re:It gets worse by gearheadsmp · · Score: 4, Funny

      Does this mean the Iraqi Information Minister is still alive and well?

    2. Re:It gets worse by drinkypoo · · Score: 1
      I would like nothing more than to see them go after Microsoft.

      Well, actually, I would like nothing more to see them go after the US government.

      Actually, a super big time drug lord might be even better... Not much difference between them and the government except they make decisions quicker.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    3. Re:It gets worse by Anonymous Coward · · Score: 1, Interesting

      WOW! If everything that guy says is true, then this really does sound like "Custers last stand" for the closed source software industry. If they win this suit, Linux and all open source will be relegated to the dustbins of history, but if they lose, Linux will be pretty much unstoppable.

    4. Re:It gets worse by Anonymous Coward · · Score: 0

      they could possibly own the rights to most major OSs, including the *BSDs, OSX

      All our base are belong to SCO?

    5. Re:It gets worse by jamezilla · · Score: 1
      A choice quote from the byte article:
      AT&T contracts were unusual, in that they were perpetual. ...courts prefer sunset contracts, and usually insist that any IP rights lapse unless they are continually and consistently enforced.
      In my mind this is going to make it very hard for SCO to get anywhere. They even called their UNIX IP a "sleeping giant".
    6. Re:It gets worse by MidKnight · · Score: 1

      However, if you believe the Sun PR newswire, they don't own Solaris.

      --Mid

    7. Re:It gets worse by bnenning · · Score: 1
      Interesting. From the article:


      "Sun is clean," he saidâ"but he gave no answer in regards to Apple and Microsoft.
      "But I thought that Microsoft had signed a license agreement?" "No," Sontag said. Microsoft merely licensed an "applications interface layer."


      Looks like they're creating cover for another injection of cash from MS.

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
    8. Re:It gets worse by red+floyd · · Score: 1

      I would like nothing more than to see them go after Microsoft.

      If only for the cognitive dissonance it provides watching slashdotters figure out who to cheer for there...

      --
      The only reason we have the rights we have is that people just like us died to gain those rights. -- Cheerio Boy
    9. Re:It gets worse by Platinum+Dragon · · Score: 1

      "Sun is clean," he saidâ"but he gave no answer in regards to Apple and Microsoft.
      "But I thought that Microsoft had signed a license agreement?" "No," Sontag said. Microsoft merely licensed an "applications interface layer."

      Looks like they're creating cover for another injection of cash from MS.


      Well, if the "applications interface layer" happens to be Services for Unix, I have to wonder what else M$ might use as cover to inject money.

      Wasn't there a story some while back about MS working on a new CLI shell?

      --

      Someday, you're going to die. Get over it.
    10. Re:It gets worse by Anonymous Coward · · Score: 0
      What are they going to claim next?

      Lennox Lewis is a big girl's blouse?
      They could beat up the Tampa Bay Bucs with one arm tied behind their back
      Hey, Dubya, we have weapons of mass destruction! Yeah? Think you're tough? You and who's army?

    11. Re:It gets worse by Anonymous Coward · · Score: 0

      Big deal. IBM is making the same claim. There's nothing to stop the dickheads at SCO from trying to do the same thing, except funds for legal fees.

    12. Re:It gets worse by drinkypoo · · Score: 1

      We'd cheer for ourselves, of course. The only problem I can see is that Microsoft might end up owning Unix, which is a scary thought. It almost makes me hope that IBM really will acquire SCO, because if they don't, Microsoft might pick it up as an afterthought.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    13. Re:It gets worse by TC+(WC) · · Score: 1

      There's no way in hell Microsoft would be allowed to pick up the rights to Unix.

  64. Hmmm...it's not working.... by skyryder12 · · Score: 1

    SCO Group (NASDAQ SC:SCOX) last updated on 06/16/2003 @ 16:00 10.93 -0.28 / -2.52%

  65. And then someone at SCO realizes... by dark-br · · Score: 1

    LetÂs fuck IBM by terminating itÂs Unix licenseletÂs! After all they r worth BILLIONS and will have to pay!

    Erm wait...billions... we are worth 200 million if we throw in the coffie pot... shit were dead.

  66. Get it right by hobsonchoice · · Score: 1

    My understanding is that SCO simply amended their complaint to ask IBM stopped from distributing AIX - if and when SCO prevail against IBM at the $1bn trial.

    Everybody was looking to see if SCO filed for an immediate temporary injunction, to stop IBM distributing AIX *now* -- and this does NOT seem to have happened


    One other thing, according to eweek.com McBride said he planned to audit IBM AIX customers (I;d ask - for what? how?), although I couldn't see the audit paragraph when I checked later [but it was still appearing the google news summary]. URL to the story is: http://www.eweek.com/article2/0,3959,1126997,00.as p

  67. And today from IBM by SeanTobin · · Score: 4, Funny

    Today IBM announced its filing of over 640 individual lawsuits against SCO.

    The lawsuits ranged from countersuits regarding breach of contract, to unfair business practices, to acting not in the best intersts of shareholders, polluting the marketplace, unfair business practices, and illegal distribution of copywrighted materials.

    IBM has also sent notices to the US and German attourney generals regarding SCO's breaches of international copyright treaties.

    In the same announcement, IBM has denied that it employs ships stationed in international waters to attack and board any ship carrying SCO property.

    On Tuesday, IBM plans to 'blacken the Utah sky' with paratrooping lawyers to persue the lawsuits.

    More information will be released after Tuesday's paradrop.

    --
    Karma: SELECT `karma` FROM `users` WHERE `userid`=138474;
    1. Re:And today from IBM by sootman · · Score: 1

      that's "Attornies General". :-)

      Thanks,
      -----your local grammar pedant

      --
      Dear Slashdot: next time you want to mess with the site, add a rich-text editor for comments.
    2. Re:And today from IBM by gidds · · Score: 1
      Today IBM announced its filing of over 640 individual lawsuits against SCO.

      Gosh, you'd think that 640 lawsuits ought to be enough for anyone...

      --

      Ceterum censeo subscriptionem esse delendam.

  68. Big Blue Foot by moofdaddy · · Score: 0, Redundant

    Why hasn't IBM crushed these guys with its Big Blue foot yet?

    --
    Be better in bed. Wikiafterdark!
  69. Now it all makes sense. by Anonymous Coward · · Score: 5, Funny

    If nobody explains it in a LOTR context, I just don't get it.

    Thanks.

    1. Re:Now it all makes sense. by chiddiscokid · · Score: 5, Funny

      I have to rely on the Dukes of Hazzard

    2. Re:Now it all makes sense. by TopShelf · · Score: 1

      Then we all know what must be done...

      One of us here will have to carry Darl McBride and cast him into the fiery chasm from whence he came. (someone else can provide the goatse.cx link)

      --
      Stop by my site where I write about ERP systems & more
    3. Re:Now it all makes sense. by cmacb · · Score: 1
      That (the LOTR text) was funny.

      I think the Dukes of Hazard one might be a better fit though.

      Have you seen this Darl guy?

      Darl Pic

      "Business" types with spiked hair scare me! What kind of name is Darl anyway?

      Sontag isn't much better:

      Sontag pic

      I think I remember him from Animal House.

      Hopefully we will get to track these guys careers down the tubes for the next couple of years. This will teach publicly traded companies to ask potential CEOs that they are at least old enough to have a drivers license. (Maybe an IQ test would be in order too, ever see these guys interviewed?)

    4. Re:Now it all makes sense. by Anti-HanzoSan · · Score: 1

      Have you seen this Darl guy?

      He looks a lot like Jethro from the Beverly Hillbillies.

      That explains a lot.

      Thanks!

    5. Re:Now it all makes sense. by abmurray · · Score: 1

      I have to rely on the Dukes of Hazzard

      As a red-blooded American southerner, I am obligated to say that kicked six different kinds of ass.

      But as much as I love Daisy, wouldn't the General Lee itself be a better embodiment of Linux? Kind of cobbled together by the Duke boys and Cooter...and it jumps over and runs the establishment off the road whenever possible?

      Maybe? Maybe not.

      ah well.

      --
      a.b. murray

    6. Re:Now it all makes sense. by HoldmyCauls · · Score: 1

      Daisy - Linux

      Oh, so *that's* why I get horny when I think about re-compiling my kernel!

      --
      Emacs: for people who just never know when to :q!
    7. Re:Now it all makes sense. by Hard_Code · · Score: 1

      I have to rely on Fight Club...

      SCO: see, you have to apply the formula: A * B = C; A being the probability of settling, B being the settlement amount. If C is larger than our lawyers fees, we go to court.

      --

      It's 10 PM. Do you know if you're un-American?
    8. Re:Now it all makes sense. by Anonymous Coward · · Score: 0

      But with a lot more asymmetry in his facial features.

  70. does anyone care? by u19925 · · Score: 1

    seems like noone cares. Even Sun hasn't made any comment on it.

    1. Re:does anyone care? by questionlp · · Score: 2, Informative

      Here's a clip where Scott McNealy mentioned that Sun had already paid a large pile of money for the rights to use System V in Solaris.

    2. Re:does anyone care? by TheRaven64 · · Score: 1
      Even Sun hasn't made any comment on it.

      No, but SCO did make a comment about Sun. 'Sun is clean', was the comment. I wonder how much it cost to get them to say that, since it seems that Solaris is the only OS that they are not now claiming is built on stolen IP.

      --
      I am TheRaven on Soylent News
  71. Yeah, but it *opened* down 8% or so. by Anonymous Coward · · Score: 0
    It dropped when no one was trading it.

    That's funny.

  72. hmmmm by IDigUNIX · · Score: 1

    Note that SCO's stock close down around 2.5% today, while IBM closed up around 2.1%.
    Apparently no one else cares too much about SCO's claims either.

  73. SCO's infinite stupidity drive... by Thud457 · · Score: 2, Funny

    I miss the ::Cue::Cat articles!

    --

    the preceding comment is my own and in no way reflects the opinion of the Joint Chiefs of Staff

  74. ALL Y0UR CODEBAS3 ARE BEL0NG TO US! by schmaltz · · Score: 1

    Punk-ass b1tchez!! Smell the fear, SCO!!

    w0ot.

    --
    Big Daddy, Johnny, Burp, Aunt Zelda, Scott, Slurp, Big Momma ... where's Siggy?
    1. Re:ALL Y0UR CODEBAS3 ARE BEL0NG TO US! by mccormi · · Score: 2, Interesting

      They'll give you the Codebas3 if you give them your computer. They ownz your puter

  75. Acknowledged upcoming death of Unix by onyxruby · · Score: 2, Interesting
    It would seem to me to be noteworthy that they have acknowledged the immenint death of Unix. To quote:
    Through contributing AIX source code to Linux and using UNIX methods to accelerate and improve Linux as a free operating system, with the resulting destruction of UNIX

    Since the article referenced is a SCO press release I find this noteworthy. Linux has made massive inroads in the server market, almost exclusively at the expense of Unix. Does anyone else see this as a sign that in a few years Linux will have replaced Unix in the server world? For IBM to switch from AIX to Linux would not be entirely out of the question since they have already set up (almost?) their entire line, from laptops to big iron to run Linux. With their license terminated, might they fold AIX and not look back?


    I ask about the potentially imminent death of Unix in part because I am have been scheduled for some time to spend 6 months in college exclusively for Solaris, having just finished up Cisco. In short, I'm wondering if I'd be wasting my time and not an inconsiderable some in tuition by taking Solaris instead of focusing more on Linux on my own?

    1. Re:Acknowledged upcoming death of Unix by pe1chl · · Score: 1

      When you are concerned that your learning about Solaris is wasting your time when you really wanted to learn about Linux, you are probably wasting your time taking courses. Any courses.
      Studying should provide you with insight in the matter, and train you to find information. When you are only trying to learn magic spells, and are lost when it suddenly is "useradd" instead of "adduser", you will find yourself at a dead end every 3 years.

    2. Re:Acknowledged upcoming death of Unix by domc · · Score: 1

      You could probably go either way, but Solaris will be a safe bet for a looong time.

      domc

    3. Re:Acknowledged upcoming death of Unix by Penguinshit · · Score: 1

      Well pal.. as much as I love and support Linux, have you ever tried to run more than four processors with it?

      I'd love to see an E-10000 or a pSeries690 with a full spread of processors running Linux.

      Believe me, UNIX (Slowlaris, AIXistential) will be here for a _very_ long time.

      SCO is just trying to sue a little extra income out of IBM, but I believe they're going to find they've kicked the wrong gorilla, and Microsoft isn't going to be riding in like some white knight to save them.

    4. Re:Acknowledged upcoming death of Unix by boots@work · · Score: 1

      I'd love to see an E-10000 or a pSeries690 with a full spread of processors running Linux.

      Your wish is granted:

      1000-CPU Itanium HP Linux cluster

      Linux on 32-way POWER4, 60GB RAM

      Linux on pre-production POWER5

      Linux on 24CPU E10000

      Fast enough?

      Ask Google and you can find similar numbers for 64-CPU ia64 machines from SGI and 100-CPU clusters from HP.

      Stump up a few million bucks and HP, IBM, SGI et al will be beating down your door to sell you a big Linux machine.

    5. Re:Acknowledged upcoming death of Unix by Penguinshit · · Score: 1

      Outstanding!

      I don't usually count clusters because that's more "cooperative computing" than
      a single kernel handling a large number of procs.

      However, the links you provided are most encouraging. Thanks!

    6. Re:Acknowledged upcoming death of Unix by boots@work · · Score: 1

      I'm glad you liked them. (And I thought you were trolling, shame on me. :-)

      I don't usually count clusters because that's more "cooperative computing" than a single kernel handling a large number of procs.

      Well, single images are much harder to design and build and therefore make for better dick-size-wars, I agree. Big SMP machines sell low-end hardware the same way top-end cars sell mass-market models.

      But clusters are far better for bang/buck, and for top-end scalability on problems that can handle it. Nobody could build a scalable 4000-CPU (or 50Tflop) shared-everything image. Doing it from a bunch of Linux boxes is not quite simple, but it is feasible. There will always be a few applications that need collosal single machines, but it seems like most high-power machines in the future will be clusters.

  76. Is it so bad? by Anonymous Coward · · Score: 1, Funny

    In some ways, the Many is not unlike the UNN. There is a joy in working towards a collective goal, in being able to put aside the things that draw us apart and make us separate. Why do we fear the loss of our individuality so much? Man can dream, but the Many can accomplish.

  77. Hmmm... by Tyrdium · · Score: 1

    This could be a reason why SCO is doing this whole thing... It seems to have started rising slightly since SCO started their claims back in Jan. or Feb., and started climbing even more rapidly once the issue intensified...

    1. Re:Hmmm... by dacarr · · Score: 1

      Could it be then that one could find SCO guilty of pump and dump?

      --
      This sig no verb.
  78. AT&T Eyeing SCO by Anonymous Coward · · Score: 0

    from

    http://www.infoworld.com/article/03/06/16/24OPcr in gely_1.html

    AT&T Eyeing SCO

    Without even knowing it, SCO may have started a war of attrition with much larger enemies that have deeper pockets. Within the halls at AT&T, folks were chattering just last week that AT&T still has reserved rights on Unix. Naturally, the company is paying close attention to the various legal claims that SCO is making and may join the battle soon. My spy said the word around AT&T is that this will all be resolved shortly. But one has to wonder how long SCO could survive if it had opponents in multiple courtrooms â" those being, of course, IBM and AT&T

  79. Nobel Prize in Computing by jafac · · Score: 4, Funny

    Honestly, eliminating all traces of AIX from the world is about the most noble goal I can imagine.

    (Currently working a project running on AIX - transitioning to Linux)

    --

    These are my friends, See how they glisten. See this one shine, how he smiles in the light.
    1. Re:Nobel Prize in Computing by Zathrus · · Score: 1

      *cry*

      Damn you! Damn you to hell!

      We want off AIX. We want off it badly. But the morons here bought the production boxes BEFORE writing any specs, employing any programming staff, etc... and then they leased QA and development hardware and proceeded to give the slowest box of the entire lot to development.

      And we can't get rid of them now, especially since the QA/dev hardware is so absurdly cheap (something like $60/mo for 4 machines).

      We'd be considerably more productive under Linux -- a P2-200 compiles the codebase about 2x as fast as the PPC603e we have for dev -- and we'd actually have a debugger that doesn't core upon asking it to do anything (the linker doesn't play nicely with C++, and the linker is so different from the rest of the known universe there are no OSS replacements that we've found).

      Sorry... just had to cry some more about how pathetic AIX is... we keep hoping that we'll get some budget for a few Linux servers to do development on, but so far no joy.

    2. Re:Nobel Prize in Computing by boots@work · · Score: 1
      We'd be considerably more productive under Linux -- a P2-200 compiles the codebase about 2x as fast as the PPC603e we have for dev


      Buy a regular 2GHz PC, put Linux and distcc and a ibm-aix-ppc cross compiler on it, and enjoy faster compiles.
    3. Re:Nobel Prize in Computing by Zathrus · · Score: 1

      There's that little issue of budget... otherwise we'd be replacing our development boxes with Linux boxen right now (keeping the archaic dev box around for pre-QA testing only).

  80. I think IBM have enough on their side by Monster+Munch · · Score: 2, Interesting

    Heres a quote from an article at internews that gives an idea why IBM may be taking a laid back attitude to this.

    "IBM's position is that our contract is perpetual and irrevocable and there is nothing further to discuss," IBM spokeswoman Trink Guarino told internetnews.com Thursday. She added, "We do not see momentum slowing anywhere, either with AIX or Linux."

    In a research note based on a meeting with Bill Zeitler, IBM senior vice president and group executive of the Systems Group, Deutsche Bank Securities analyst George Elling said Zeitler defended IBM's case against SCO by noting Big Blue's 700 existing or pending patents related to AIX.


    700 existing or pending patents, do SCO know of those? what if the code is in AIX and Monterey?

    How can IBM obtain patents on code that's supposed to be donated to SCO or is AIX completely seperate from SCOs code?

    This is confusing, IBM are going to rip them to shreds.

    Normally with an IP/Copyright issue you go for the little guy, get some cash and establish precedence, then go after the bigger fish. Unless of course your trying to annnoy some company and get them to buy you out.

  81. Not really... by TWX · · Score: 1

    "They've shown incredible lack of backbone in the past when push came to shove (OS/2 backing out of desktop market anyone?)..."

    I don't think that IBM ever really had their heart set on the desktop market, even after PCs were demonstrated to be the new hotness. While they don't do individual sales anymore, they still maintain and support corporate and government customers. It's a tool to be put in when it's the best solution, like non-general use machines (kiosks, network terminals for point of sale, etc).

    Linux isn't just a PC operating system for IBM. There are ports to S/390, and it runs on more than just low-end microcomputers. With AIX's age showing, they have even more reason to ensure that a suitable, industry supported replacement is ready, and if Linux provides that, they'll go with it. They show no sign of backing down.

    --
    Do not look into laser with remaining eye.
    1. Re:Not really... by Anonymous Coward · · Score: 0

      I don't think that IBM ever really had their heart set on the desktop market,
      IBM =did= want the desktop market. They wanted to make the PC a proprietary platform. That was a major problem with OS/2. Nobody trusted them, especially after they did half-hearted driver support for non-IBM hardware and attempted to foist MCA on the public. IBM wanted to own the hardware AND software. The choice then was an open hardware platform with a closed OS or a semi-proprietary hardware platform with a proprietary OS. The choice was easy.

      Interestingly, MS seems to be trying to dust off the old failed IBM strategy.

  82. Are there even that many lines of code? by jhines · · Score: 1

    "hundreds of thousands" lines of code. Hmm, just how many lines of code does the Linux kernal contain? That has to be close to it all of it.

    Or SCO has problems with the entire GNU library of code...

    1. Re:Are there even that many lines of code? by msaavedra · · Score: 1

      Several years ago, Linus estimated that the kernel was about 4 million lines of code. It's probably somewhat more than that now.

      --
      "Any fool can make a rule, and any fool will mind it."
      --Henry David Thoreau
    2. Re:Are there even that many lines of code? by Xzzy · · Score: 4, Informative

      Over 3 million lines by my count, and that's not counting any header files or documentation.

      [root@sether linux-2.4.20]# for i in `find ./ -name "*.c"`; do cat $i; done | wc -l
      3333647

    3. Re:Are there even that many lines of code? by cdrudge · · Score: 1

      A quick wc -l of a test server (OpenLinux yet to boot!) shows that for kernel 2.2.14 has about 2.1 million lines. This is everything, scripts, docs, headers, different architectures, everything. I don't beleive it's been patched with anything, but take my numbers with a grain of salt. I'm too lazy to find out about a more recent kernel.

      It wouldn't suprise me if the GNU library was several order of magnitudes larger.

    4. Re:Are there even that many lines of code? by Anonymous Coward · · Score: 1, Funny

      So then hundreds of thousands of all whitespace lines would sound about right then...

      Wow...they are all 100% identical to SCO's code! That's amazing!

    5. Re:Are there even that many lines of code? by Tower · · Score: 1

      When counting lines of code, you usually count semi-colons as LOCs - in your count, whitespace lines are included.

      --
      "It's tough to be bilingual when you get hit in the head."
    6. Re:Are there even that many lines of code? by Xzzy · · Score: 1

      > you usually count semi-colons as LOCs

      depends on your definition I suppose, I've heard it expressed both ways. In this case it comes down to how the SCO guy was counting lines, which is a variable we don't have access to.

      Using the same command as above, but modifying to grep for semicolons, we get 1,169,312 lines.

      Which doesn't get into stacking multiple expressions on each line, semicolons in comments, or anything like that.

      So pick which number suits your fancy. ;) I don't really care enough to get any more accurate.

    7. Re:Are there even that many lines of code? by lizrd · · Score: 1

      cd /usr/src/linux-2.4.21-rc1-ac4/
      for F in `find -iname *.c`;wc -l $F; done > ~/lines.txt
      scp lines.txt windows:

      a quick import into Excel says that the sum of column B is 3,629,673. The overall codebase is going to include a lot of .h and other source files that I didn't even count. Anyway, it's a lot of code.

      --
      I don't want free as in beer. I just want free beer.
    8. Re:Are there even that many lines of code? by Tower · · Score: 1

      It's all the same (roughly the same order of magnitude). The multiple expressions on a line shouldn't be a problem, and I suppose you could eliminate comments with a first pass...

      hmmm, maybe a run through the preprocessor first, since macros and other #defines could be used multiple times and only counted once... but it doesn't matter too much, really. That's a fair amount of code.

      --
      "It's tough to be bilingual when you get hit in the head."
    9. Re:Are there even that many lines of code? by p3d0 · · Score: 1

      ...or the two semicolons in a for loop.

      --
      Patrick Doyle
      I mod down every jackass who puts his moderation policy in his sig. Oh, wait a sec....
    10. Re:Are there even that many lines of code? by Delirium+Tremens · · Score: 3, Funny
      a quick import into Excel says that the sum of column B is 3,629,673
      You could also pipe the whole thing and spool it so that it prints one line per page. Then you can count how many times you have to reload your printer tray and estimate how many sheets it can hold on average.

      More seriously now, why on Earth would you use Excel to count the number of lines? Especially when you have a Linux command prompt ...

    11. Re:Are there even that many lines of code? by stud9920 · · Score: 2

      $echo 'for(int i;i>max;i++)' |grep wc
      would report only one line.

      Also, counting semicolons would not consider the following line to be a LOC :
      while(cond){

    12. Re:Are there even that many lines of code? by p3d0 · · Score: 1

      Yep, semicolons is a dumb idea. Who says comments shouldn't be counted?

      --
      Patrick Doyle
      I mod down every jackass who puts his moderation policy in his sig. Oh, wait a sec....
    13. Re:Are there even that many lines of code? by mj01nir · · Score: 1

      Sez Darl: "We're not talking about just lines of code; we're talking about entire programs. We're talking about hundred of thousands of lines of code."

      So it sounds like he didn't limit his comment to just the Linux kernel. "Entire programs" must mean something other than the kernel itself, I'd think.

      The fun never ends! Thanks for the chuckle, Darl, I'd been having a bad day up to now.

      --
      the no .sig .sig
    14. Re:Are there even that many lines of code? by Anonymous Coward · · Score: 0

      find -name '*.c' | xargs cat | wc -l

      8x faster on my machine.

    15. Re:Are there even that many lines of code? by lizrd · · Score: 1
      More seriously now, why on Earth would you use Excel to count the number of lines? Especially when you have a Linux command prompt.
      Because I wasn't counting lines, I was totaling a column of numbers.
      head lines.txt
      355 ./fs/xattr.c
      869 ./fs/super.c
      651 ./fs/pipe.c
      903 ./fs/open.c
      1070 ./fs/namespace.c
      2044 ./fs/namei.c
      2028 ./fs/locks.c
      937 ./fs/jfs/xattr.c
      43 ./fs/jfs/symlink.c
      510 ./fs/jfs/super.c
      I suppose the I could have used some nasty pipe of awk and bc to get the total of the numbers in the first column, but I had excel handy and it only took 2 clicks to get it that way.
      --
      I don't want free as in beer. I just want free beer.
    16. Re:Are there even that many lines of code? by lizrd · · Score: 1
      Ok. Here's a way that it could be done:
      cd /usr/src/linux
      sum=0
      for F in `find -iname *.c`;do i=`wc -l $F|awk '{print $1}';\
      `sum=`echo $i '+' $sum|bc`;done;echo $sum
      Didn't turn out to be as bad as I thought it might, but my first thought for solving the problem of making a total of a column of numbers was to use a spreadsheet and Excel was the one I happened to have handy.

      FWIW, if we were to repeat that command above with *.h substituted for *.c then we get a grand total of 4,651,647.

      --
      I don't want free as in beer. I just want free beer.
    17. Re:Are there even that many lines of code? by balrog66 · · Score: 2, Informative

      Why don't you just use something like

      find . -iname \*.h -o -iname \*.c | xargs cat | wc -l

    18. Re:Are there even that many lines of code? by lizrd · · Score: 1

      xargs is cool. I hadn't know about that command before. Thanks.

      --
      I don't want free as in beer. I just want free beer.
    19. Re:Are there even that many lines of code? by trg83 · · Score: 1

      > In this case it comes down to how the SCO guy was counting lines
      Well, it's obvious how the SCO guy was counting lines! He's counting all the whitespace IBM stole from SCO! It was special SCO-proprietary whitespace! :)

  83. Darl MeatHead by Frac · · Score: 1

    hehe..

    "IBM! Sue! ooogla-boogla!" - Darl MeatHead

  84. Interesting analogy by qslack · · Score: 2, Interesting
    My favorite bit from SCO CEO Darl McBridge's interview is this:

    There's a widespread perception SCO is doing this to make a quick buck because your core business hasn't panned out. What's your response?

    We are taking these actions to protect our property. It's a little bit as if you have a jewelry store and you have some very valuable diamonds in it, and one day you wake up and realize people are walking into your store and taking the diamonds and not paying on the way out. Now we are stepping up and saying, "Hold on, you've got to go through this cash register first."


    Nice analogy there, Darl.

    (from http://news.com.com/2008-1082_3-1017308.html)
    1. Re:Interesting analogy by Zed2K · · Score: 1

      I noticed that also. There are some other really good quotes in the interview that make him sound like a real jerk of a person.

  85. The market has spoken. by earthforce_1 · · Score: 1


    From Yahoo financials:

    Shares in SCO, which rallied to a 28-month high ahead of the Friday deadline, slipped in Monday trade to a low of $9.60 before recovering to close down 28 cents, or 2.52 percent, at $10.93 on Nasdaq.

    IBM's lack of response was seen as a sign that SCO would difficulty extracting a settlement. Investors had bid up SCO's shares in the hope that a financial settlement with IBM would help boost SCO's bottom line, which had been in the red before it started an initiative to boost licensing fees from its Unix rights.

    IBM shares closed up $1.75, or 2.11 percent at $84.50 on the New York Stock Exchange (news - web sites).

    --
    My rights don't need management.
  86. SCO vs. IBM vs. [INSERT YOUR NAME HERE] by oaf357 · · Score: 1
    Not unexpected. SCO's stock went up, as did IBM's, and Red Hat's dipped 13 cents. The US markets as a whole had a great day.

    What I found unusual was IBM sluffing off the allegations and telling its customers that there is absolutely no need to worry. I wonder what their lawyers have come up with.

    It saddens me that no one else jumper into the fray today... yet.

    1. Re:SCO vs. IBM vs. [INSERT YOUR NAME HERE] by Suppafly · · Score: 1

      You must be confused, SCO's stocked closed down from what it was.

    2. Re:SCO vs. IBM vs. [INSERT YOUR NAME HERE] by oaf357 · · Score: 1

      Oops. Wrong symbol.

  87. AIX License by larry2k · · Score: 1

    So, everybody else is using AIX without a valid license. Just like me!.

    --

    The package said "Windows XP or better. Pentium Class Processor or better"... So I got a Mac with OS X

  88. For SCO, the only way to go by panurge · · Score: 1
    SCO is basically following the principle that if you throw enough mud for long enough, some of it will stick. Even if (when) they lose in court, they hope that IBM et al will have suffered some kind of long term, even if relatively minor, damage. And people will remember, long after everything is forgotten, who it was that shouted so loud for so long.

    I do wonder if Mr. McBride is actually trying to impress a Redmond business (or the RIAA) with his determination and application, hoping to get a good job as VP in charge of IP. Perhaps the message he's trying to send is "If he tries so hard with crap like that, what can he do if he's given a real case?"

    In which case his tactics are not necessarily at all bad. He's trying to head off complaints from SCO shareholders by showing commitment, while investing in his next potential job.

    --
    Panurge has posted for the last time. Thanks for the positive moderations.
  89. cnet interview by Anonymous Coward · · Score: 1, Interesting

    A few years ago, Caldera Systems was bobbing along as one of the last software companies to claim a piece of the Linux land rush, scoring a successful IPO that raised $70 million.

    Since then, Linux companies have gone through several rounds of grueling consolidation, and Caldera--now known as the SCO Group--has sworn off Linux. What's more, the company now finds itself a pariah in the same open-source software community it helped elevate to prominence.

    SCO's non grata status among corporations stems from a lawsuit the company filed against computing giant IBM earlier this year in which it claimed that major portions of the Linux software IBM distributes are based on Unix source code SCO controls.

    The dispute has grown to rattle the growing movement to boost corporate use of Linux, embroil SCO in a spat with former business buddy Novell and possibly open a new front in Microsoft's war against Linux.

    But Darl McBride, CEO of SCO Group, says he thinks there's still a lot of value in the open-source approach.

    "The point about open source that I believe is really cool is this notion that you have thousands of eyes around the world looking at a similar problem, and obviously when you have more people focused on something, you can solve things better," he said. "To the extent you take that model and solve problems better and create ultimately a better computing environment that solves a lot of application problems and makes life better for everybody, that's the part of open source I believe is really cool.

    "I think this business of not having intellectual-property protection or in fact even having a system set up to be able to police intellectual-property violations coming into Linux, that's the part that's really going to the jury right now. I believe that we've got to get that part resolved...so the baby doesn't get thrown out with the bathwater."

    McBride spoke with CNET News.com about the origins of the IBM dispute, the side effects and what comes next.

    Q: How did the Linux action originate? How and when did you come to realize there was this problem?
    A: It really goes back to last fall. I joined the company last summer, and we spent a quarter or two looking at this Unix operating system asset we have.

    SCO ends up owning the intellectual-property rights to the Unix operating system, which is a pretty substantial asset to be holding. So we started looking closely at where Unix was relative to Linux. Linux was starting to take off, and we did have some concerns.

    We saw some initial problems last fall, and we tried to address those with vendors in the December time frame. We didn't really get a lot of traction with just having friendly discussions. So we came out in the first part of this year and basically said, 'We are going to enforce our intellectual-property rights.' And even though we weren't directly going after IBM at that point, they had a violent reaction to (that).

    So at that point in time, we tried to work through the issues with IBM. We came to an impasse, and that's what led to our filing our lawsuit against IBM on March 7. Concurrent with filing our lawsuit against IBM, we put them on notice that we were going to be revoking our AIX (IBM's Unix distribution) license. Under the contract, we have to give them 100 days notice. That notice was due on Friday, June 13, and if we hadn't had the issues resolved then, we would revoke their AIX license.

    We're talking about line-by-line code copying. That includes not just the function but the exact, word-for-word lines of code.
    During the period of time we were focused on the IBM issues, it came to our attention that we had our code, our Unix System 5 code, showing up directly inside of Linux. So that, in turn, led us to send out letters to 1,500 of the largest companies around the world, to let them know we had these substantial intellectual-property violations and to notify them that we had these problems. We didn't think that necessarily they were the ones that generate

    1. Re:cnet interview by Anonymous Coward · · Score: 0

      This interview posting was modded up?

      Its a friggin interview that everyone saw but /. chose to ignore.

      Now its modded up because someone posted it?

      Deemed not worthy of editorializing on->every one already read it->now someone posted it so /. can't ignore it-> mod it up a token 1 point as interesting so it appears that /. is "balanced".

  90. You know by rsilvergun · · Score: 2, Interesting

    Even if SCO manages to win, they'll never have another customer again. I guess with their new business model that doesn't matter, but still... I mean, who's gonna even want to license ip from these guys after the way they're treating IBM? Heck, this might kill Unix (not that something else just as good and without SCO code won't pop up).

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
  91. SCO's Motto... by tds67 · · Score: 3, Funny

    ..."All your 'nix are belong to us".

  92. Article is just a press release by kevruse · · Score: 1

    The article is just this "press release" from SCO.

    1. Re:Article is just a press release by Anonymous Coward · · Score: 0

      The article is just this "press release" from SCO.

      Yes, the parent knows that. See:

      "I think whomever wrote this press release needs to do his/her research better..."

      You need to develop a sense of humour.

    2. Re:Article is just a press release by Anonymous Coward · · Score: 0

      The real parent isn't even english. I don't see how it's funny, but I'm not exactly sure what it would say if kevruse had put in a little more effort.

  93. It's like watching a bully playing with fire by Anonymous Coward · · Score: 1, Funny

    And rooting for the flames. :-)

  94. I just sold my SCOX stock by pulse2600 · · Score: 1

    This is disgusting. I run shit on an older RS/6000 and I need to replace it soon, and plan to use the old server elsewhere. My ERP software only runs on AIX. How the fuck am I gonna replace my server if IBM can't sell me a server with AIX on it? This blows. Fuck SCO. This is one time I want to see the oversized corporate menace kick the little guy's ass...

    1. Re:I just sold my SCOX stock by the+eric+conspiracy · · Score: 1

      IBM can't sell me a server with AIX on it?

      Much more likely that the sun won't come up tomorrow.

      -Eric

    2. Re:I just sold my SCOX stock by Soko · · Score: 1
      This is one time I want to see the oversized corporate menace kick the little guy's ass...

      I think the ASR Quotes page has an appropriate quote:
      Same to you, dipshit -- Coredump

      Clue: You've got the appropriate amount of hostility for the Monastery, however you are metaphorically getting out of the safari jeep and kicking the lions. Guess what that means, mtepahorically?

      conclusion: 2 points for gusto, minus several million for good sense

      coonec
      Being picked on for being small is one thing, but purposely picking a fight with King Kong is stupid. Maybe a Corporate Darwin Award is up next, eh?

      Soko
      --
      "Depression is merely anger without enthusiasm." - Anonymous
    3. Re:I just sold my SCOX stock by pulse2600 · · Score: 1

      Someone I just spoke with made a good point....that if IBM wanted to, they could just buy SCO for about 70 mil and this whole ordeal would be over!

  95. Hmm by Fratz · · Score: 1, Funny

    Since we have a bunch of AIX boxes, I guess now would be a good time to switch to Linux and avoid all this lawsuit stuff. Oh, wait...

    --
    -- Fratz, human
  96. What is... by Gyorg_Lavode · · Score: 1

    What is .. the best way to get the largest consulting firm in the world and a huge server manufacturer and supporter to switch over to the competitions software Alex?

    --
    I do security
    1. Re:What is... by Associate · · Score: 1

      If I had mod points left...

      --
      Someone hates these cans.
  97. Stock quotes by schutten · · Score: 5, Funny
    I just love the quotes at the bottom of the Cnet article:

    down: SCO Group SCOX 10.93 -0.28
    up: Intl Bus. Machines IBM 84.50 1.75

    I guess that sums it all up...
    1. Re:Stock quotes by pavera · · Score: 1

      except that ibm is down ytd, and sco is up almost 250%...
      go figure

    2. Re:Stock quotes by Large+Green+Mallard · · Score: 1

      Who's buying it tho? I would be looking very carefully at the man in the blue suit after those shares.. :)

    3. Re:Stock quotes by pergamon · · Score: 1

      The longer this goes on, the cheaper it will be for IBM to buy them and be rid of the problem altogether.

    4. Re:Stock quotes by Anonymous Coward · · Score: 0

      actually, according to their stock sco is worth 4x what they were before this

    5. Re:Stock quotes by Anonymous Coward · · Score: 0

      only because they were stoking shareholder desire that they would be bought out or get a big settlement. Share prices have nothing to do with how a company is doing. They just reflect what the idiots on the Street think they are.

  98. IN SOVIET RUSSIA by Anonymous Coward · · Score: 0

    Naa...on second thought, I won't go there.

  99. The War Of The *nix Has Begun... by chronicon · · Score: 1

    â¦unwitting fool, SCOruman, donâ(TM)t you know you are simply a puppet in the hands of the dreaded MicroSauron? There can only be one...

    The Quest of the Penguin has begun...

  100. How it has changed by BubbaTheBarbarian · · Score: 1

    I used to live in Utah. I was trained on Linux by a Caldera expert. they were bright, smart happy folk there. Then the merger and then the name change. Now it is an evil pit. No CS major worth his salt goes near it. Everyone knows that SCO will just suck you dry for 80 hours a week then kick you to the curb.
    So sue be for running RH9 on my laptop. Sue me for all of the linux installations that I have done due to YOUR training!
    the worst part about this is that SCO cannot see this ass kicking coming from 2 inches away. At the end of the day they will burping farts.
    Long live Tux.

  101. Today's MarketWatch (tm) by Chordonblue · · Score: 5, Funny

    Today SCO chewed off it's own arm to spite it's torso by terminating a lucrative licensing agreement with IBM.

    SCO CEO Darl McBride was quoted as saying, "In order to better leverage our technology IP and increase profits, we've decided to refuse to sell, license, or not sue anyone not directly involved with Microsoft's .NET initiative."

    --
    "...Well, there's egg and bacon; egg sausage and bacon; egg and spam; egg bacon and spam; egg bacon sausage and spam..."
    1. Re:Today's MarketWatch (tm) by mrjb · · Score: 1

      > Today SCO chewed off it's own arm

      It's just a flesh wound...

      --
      Visit http://ringbreak.dnd.utwente.nl/~mrjb/growingbettersoftware to download your free copy of the book
    2. Re:Today's MarketWatch (tm) by Anonymous Coward · · Score: 0

      Translation: A company in Redmont, WA has bribed us.

  102. AIX? I thought this was about Linux? by jfruhlinger · · Score: 2, Interesting

    OK, though it seems impossible based on the near-daily SCO coverage here, I feel like I've missed something major here.

    I thought the beef was that SCO claims to know for sure that some of its code got into the Linux kernel, and claims to believe that IBM is the company that contributed this code to said Linux kernel.

    So, now SCO demands that IBM stop selling AIX. Buh? By their own logic, shouldn't they demand that IBM (and everyone else, for that matter, but let's start big) stop using the SCO-code-stealing Linux? What the hell does AIX have to do with anything?

    jf

  103. You remember what happened to "The Terminator" by Anonymous Coward · · Score: 0

    You all remember what happened to "The Terminator". It doesn't look good for SCO. Guess we'll have to wait for "Judgement Day".

  104. SCO the sole UNIX owner by molnarcs · · Score: 5, Informative
    The problem is that SCO tries to convince the world that it is the sole UNIX owner, and defines the category of 'derivative' work quite broadly. In fact, they don't want this to be sorted out. It is quite clear that even if the infringing codes are disclosed in court, Darl and his cohorts wants to convince the court that replacement is impossible, for every code is 'derivative' in their view. This is clearly stated by Darl in his cnet interview:

    Where people get a little confused is when they think of SCO Unix as just the Unix that runs the cash register at McDonalds. We think of this as a tree. We have the tree trunk, with Unix System 5 running right down the middle of the trunk. That is our core ownership position on Unix.

    Off the tree trunk, you have a number of branches, and these are the various flavors of Unix. HP-UX, IBM's AIX, Sun Solaris, Fujitsu, NEC--there are a number of flavors out there.http://news.com.com/2008-1082_3-1017308.html ?tag=fd_lede2_sl


    So yes, they want another UNIX war. Once their precioussss is described as the trunk of all Unices (and stating that almost all vendors contributed to Linux in the same interview) what follows is that replacing the infringing code is impossible. That's why RMS a few weeks ago aimed directly at invalidating the claim to the unix codebase by proving that its already in the public sector (remember his call for people who had or have access to the code? - some people ridiculed him for this, but he saw this clearly coming).

    At any rate, SCO does not stand a chance with such ridiculous claims (and no Unix vendor, not even SUN would be happy if the court accepts Darl's interpretation of their IP rights). Read one of the best analyses here (please, someone tell me how do I make a link, coz this is going to be long):

    http://forums.com.com/group/zd.News.Talkback/zdn n/ tb.tpt/@thread@193986@F@1@D-,D@ALL/@article@193994 ?EXP=ALL&VWM=hr&ROS=1&PAGETP=2100&NODEID=1104&SHOS T=zdnet.com.com
    1. Re:SCO the sole UNIX owner by Anonymous Coward · · Score: 0

      (please, someone tell me how do I make a link, coz this is going to be long):

      Well, it's basic HTML:

      Printed text

      - The first part defines the link (this isn't shown to the reader).
      - The second part displays some text so that the reader has some idea that there's a link and that it refers to something interesting, like "Good Rant"
      - The third part ends the link so that the whole rest of the document isn't a link to your URL.

      HTH. HAND.

    2. Re:SCO the sole UNIX owner by Anonymous Coward · · Score: 0
    3. Re:SCO the sole UNIX owner by drinkypoo · · Score: 1

      You make a link here the same way you do in normal HTML. this is the descriptive text becomes this is the descriptive text.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    4. Re:SCO the sole UNIX owner by CondeZer0 · · Score: 1

      You are confusing RMS(http://www.stallman.org/) with ESR(http://www.catb.org/~esr/)!!

      Hahahahaha... now that is ironic!
      (I will let you decide who is more egocentric of both, but aside from that, they have little in common... oh
      well, and being complete crakpots!)

      It was ESR who wanted information about people with access to unix code.

      BTW: as far as I know "public sector" != "public domain"

      \\K

      --
      "When in doubt, use brute force." Ken Thompson
    5. Re:SCO the sole UNIX owner by Peter+Allan · · Score: 1

      This shortcut http://tinyurl.com/eh1n can be used to find http://forums.com.com/group/zd.News.Talkback/zdnn/ tb.tpt/@thread@193986@F@1@D-,D@ALL/@article@193994 ?EXP=ALL&VWM=hr&ROS=1&PAGETP=2100&NODEID=1104&SHOS T=zdnet.com.com

    6. Re:SCO the sole UNIX owner by molnarcs · · Score: 1
      You are confusing RMS(http://www.stallman.org/) with ESR(http://www.catb.org/~esr/)!!
      Sorry hehe. And thanks for the corrections :) (ESR = the guy with the strange nose. boxing accident?)
  105. Not filed for tempoary injunction!!! by whoever57 · · Score: 5, Insightful

    What is interesting is that they have NOT filed for a temporary injunction.

    In most cases of alleged IP violations, the accuser will file for a temporary injunction, rather than waiting for the end of the trial after which an injunction may be granted.

    The real implication is that to get a temporary injunction, SCO would have to convince a judge that they had a likelyhood of prevailing at trial. In order to convince a judge of this, they would have to back up their allegations against IBM with real facts.

    Temporary injunctions could cause severe problems, so they are not issued on a whim. There must be real evidence and the defending side has the opportunity to refute that evidence.

    So the real impact of SCO's actions is to spread more FUD, and keep the time at which they must present any real evidence far off in the future.

    --
    The real "Libtards" are the Libertarians!
    1. Re:Not filed for tempoary injunction!!! by RocketScientist · · Score: 4, Interesting

      And typically the company asking for the injunction has to put up a bond in the event that they lose the case. It'll be interesting to see SCO, a company with little cash reserves that's been operating in the red come up with that kind of cash.

  106. ibm can outwait sco. by Suppafly · · Score: 1

    Can't IBM just outwait SCO until SCO eventually dies off? SCO has basically no money coming in and was in the red before this who sue everyone party.

    It would seem that IBM can hold SCO up in court and in general just ignore them until they go away.

    1. Re:ibm can outwait sco. by Bull999999 · · Score: 1

      I'm not sure about that. Microsoft gained sudden interest in UNIX technology lately and I won't be suprised if they start $$$$ to license various SCO IPs.

      --
      1f u c4n r34d th1s u r34lly n33d t0 g37 l41d
  107. Disecting a Group of Cretins by Ghengis · · Score: 1

    It's hard for us to understand, sometimes, how a group of people can be so stupid. I mean REALLY, at some point SCO decided, "Hey, we're not gonna make money on this, so let's just sue the shit out of everybody." Then, their P.R. department had to be dumb enough to say, "Hey, this wont affect our image THAT much, so go ahead." Then, their lawyers had to be dumb enough to believe someone who said, "Well, we'll figure out what code to say is ours if it comes-up, but we wont worry about that now" AND they went ahead with this. Is there NO sane person with a voice in this company saying, "Hey, this is the biggest dumbass idea EVER... including that moronic Microsoft Bob shit! This is WORSE!" It's amazing that this company's dumbshit filters have let this happen.

    --

    "The best laid plans of mice and men gang oft agley..." - ROBERT BURNS

  108. the plan by noldrin · · Score: 1

    Okay this seems to be SCO's business plan. Have microsoft give you money in order to make your software copyrights look important. Sue IBM in order to scare other Unix companies from investing in Linux and to keep paying them buckets for using something based on old code. Create enough FUD about Linux that some companies decide to switch to the one Unix like operating system that will never have copyright issues with SCO, SCO's Unix. And everyone will know about SCO since all the news outlets are giving SCO so much coverage since it involves the media darling Linux. Besides the cost of the lawyers, this is a very cheap way for SCO to rake in a lot of money. Far cheaper then repacking Linux over and over again.

  109. Conspiracy Theorists Unite! by Anonymous Coward · · Score: 0
    You do know that Microsoft is backing IBM on this? Linus Torvalds is actually a Bill Gates clone he built as a European marketing scheme for a new OS. Microsoft caused the dinosaurs to go extict, too!

    Boy this conspiracy thing is fun! Got any other ideas?

    1. Re:Conspiracy Theorists Unite! by Anonymous Coward · · Score: 0

      I *knew* wearing this foil hat would pay off...

    2. Re:Conspiracy Theorists Unite! by The_K4 · · Score: 1

      Foil hat? HA. I've got my tin foil underware on!

  110. Heard in the Distance by Mansing · · Score: 5, Funny

    I was startled to hear the thundering of hooves. Having lived near Armonk, NY all my life, I had never heard such a sound before.

    "What is that horrible sound?"

    "That is the sound of the Black Steeds riding west from Armonk."

    "The Black Steeds?"

    "The Nazgul. They once were men. Now they are neither dead nor alive. They are IBM's attorneys."

    1. Re:Heard in the Distance by Anonymous Coward · · Score: 0

      Darlos looked down at the little circle of gold. "It says, "One UNIX to rule them all, one UNIX to bind them." he reported.

      Gandalf sighed. "It is as I feared."

    2. Re:Heard in the Distance by Anonymous Coward · · Score: 0

      clearly he has worn it too much and has gone insane like Gollum before him.

  111. SCO should pay up? by Anonymous Coward · · Score: 0

    So I gather, if SCO can terminate the license, and claim it affects all existing installations, then they should also give back all the licensing money recieved from said installations.

  112. Brilliant, SCO! by Anonymous Coward · · Score: 2, Insightful

    This just amazes me; considering the general consensus about SCO vs Linux, it seemed to me that the only leverage SCO had was that they might scare people off of using linux. But now there going to go after every other *nix, too! If every *nix is "illegal" than nobody's going to care about avoiding linux...

  113. Has IBM filed any injunctions yet? by madowl · · Score: 1

    I figured that SCO would be filing an injunction against IBM. But I haven't heard yet of any IBM injunction against SCO to prevent this from happening. Maybe they are waiting to see whether the SCO wins the injunction first.

  114. Market odds are ~6:1 by Tackhead · · Score: 2, Informative
    > If you expect people to bet on a SCO long shot, we want some better odds than this, 1:1 ain't gonna cut it. Do I hear 1000:1 on a SCO win?

    Profile: SCOX

    Stock's at $11. 12M shares outstanding. Market capitalization $136M.

    The SCOXuckers are suing IBM for One. Billion. Dollars.

    So right now, the market's giving 6:1 odds that Big Blue machine will turn SCOX into a thick yellow spray all over the courtoom walls.

    1. Re:Market odds are ~6:1 by BigBir3d · · Score: 1

      Sadly, their stock price has gone up quite a bit in the last 3 months.

    2. Re:Market odds are ~6:1 by jmorris42 · · Score: 1

      Or read another way, if you go short the market is giving you pretty good odds of making a sack of money with a small chance of losing around six times your bet. Too bad my Ameritrade account is an IRA and doesn't allow short trades.

      --
      Democrat delenda est
  115. Similarities... by BrynM · · Score: 3, Funny
    In a dark room somewhere... sometime...
    Man1: We should attack now!

    Man2: Yes, we have the opportunity and the target.

    Man3: But what if they counter attack us?

    Man1: They're so far away and too big to be maneuverable. We'll get them while they're complacent.

    Man3: But they have vast resources...

    Man2: But we have the element of suprise! Think of what this could do to our status!

    Man3: Well, how long will it take?

    Man1: It should be over quickly. They will cave when they realize our advantage.

    Terrorist planning meeting, Original Japanese Pearl Harbor debriefing or SCO legal strategy meeting? You decide.
    --
    US Democracy:The best person for the job (among These pre-selected choices...)
  116. Jar Jar vs SCO stormtroopers by Anonymous Coward · · Score: 0

    Mesa no like SCO stormtroopers. They no can hit the side of a barn door with a rocket launcher.

    Mesa think SCO stormtroopers make me, Jar Jar Binks, look like a genius.

  117. Recommended reading! by hobsonchoice · · Score: 5, Informative

    Uncanny similarities between SCO and Linux:

    Here appears to be another reason why, according to SCO's previous CEO (note the date):
    http://www.linuxjournal.com/article.php?sid=5406

    1. Re:Recommended reading! by Anonymous Coward · · Score: 0

      This is starting to sound like RAMBUS again - pump a technology, wait 'till it's widely accepted and then try FUD and extortion based on a previous IP claim...

  118. Poking a grizzly bear.. by SecGreen · · Score: 1

    I'm reminded of the old SNL skit "Poking a grizzly bear with a short stick."

    Take that Mr. Grizzly Bear!

    --
    Dupe posts are /.'s tacit protest on the rights of users to time-shift content...
  119. ring ring ... by Anonymous Coward · · Score: 4, Informative

    I probly shouldn't post this but meh.

    the CEO of SCO Australia can be reached on his mobile : +61419 660 016

  120. Some quotes from SCO by borgdows · · Score: 4, Funny

    "We are not afraid of IBM. Allah has condemned them. They are stupid. They are stupid... and they are condemned.
    I can assure you that those villains will recognize in appropriate time in the future how stupid they are and how they have stolen OUR intellectual property.
    They are not in control of anything - they don't even control themselves!""


    -- SCO Minister of Information

    1. Re:Some quotes from SCO by Anonymous Coward · · Score: 0

      As a muslim I really dont like to have any relation ship with sco and my religion! Common people!

    2. Re:Some quotes from SCO by Anonymous Coward · · Score: 0

      How appropriate. And just like the Iraq war, once its over (or the lawsuit begins) they won't actually find any Weapons of Mass Destruction (or Source Code of Unix Destruction, as SCO might call it). It will be revealed to be a whole bunch of unsupported lies and accusations. Hopefully SCO won't get away with it as easily as Bush is.

    3. Re:Some quotes from SCO by Anonymous Coward · · Score: 0

      yeah, but, you're alright with the part of your religion that beats women down, promotes suicicde bombers and makes stupidity a virute?

      fuck islam.

    4. Re:Some quotes from SCO by Anonymous Coward · · Score: 0

      its the meek who are the problem

  121. Re:AIX? I thought this was about Linux? by mekkab · · Score: 1, Interesting

    I think the ish is that There is some SCO code in AIX (dispatching and such). IBM used that code in LINUX (the L in AIX 5L stands for LINUX). SCO wants all your base.

    --
    In the future, I would want to not be isolated from my friends in the Space Station.
  122. Interesting interview notes by joncarwash · · Score: 5, Interesting

    In the various interviews and statements that have come out of SCO over the past few months, there has definitely been some conflicting information. In this most recent interview, I find a number of things peculiar, but this is what jumps out at me first:

    When we take a top-tier view of the amount of code showing up inside of Linux today that is either directly related to our Unix System 5 that we directly own or is related to one of our flavors of Unix that we have derivative works rights over--we don't necessarily own those flavors, but we have control rights over how that information gets disseminated--the amount is substantial. We're not talking about just lines of code; we're talking about entire programs. We're talking about hundred of thousands of lines of code.

    Note how he says "entire programs"; the basis of the complaint is that code was copied into the Linux kernel. Apparently they are also claiming that some GNU tools and other programs are also "copied." From what I understand of the initial press releases, SCO was suing over certain multi-processor related functions of the kernel which apparently came out of Project Monterey, which IBM and SCO were a part of.

    He does state in the interview that this is a lawsuit for breach of contract with IBM, and not copyright or patent infringement.

    And when we filed against IBM, we chose to not even talk about copyrights.

    So, it is interesting that he is proposing taking Linux distributors (Red Hat, SuSE, etc.) and possibly other Linux users to court as well. If they are not on solid ground suing IBM over copyright infringement, how are they going to manage to sue all of the linux distributors and users on the planet for copyright infringement - since these distributors and users never had any contract with SCO.

    For a final major thought, all of this "copied code" is appearing in both Sys V and Linux.. where does BSD come into play? Could the code from both places have been taken from BSD? Of course with the terms of the NDA that SCO makes you sign, I am sure that you couldn't compare the Sys V code to BSD, only Linux.

    PS: Why hasn't someone run the Sys V and Linux code through a copied code detector program (like some college professors use to stop code copying on assignments). Obviously this would be a much larger scale project, but if SCO's UnixWare has such great multi-processor capabilities, they should be able to figure something out. And if there is so much copied code, it should be no problem to find it using this program. Show us the stats, at least.

    --
    A computer is a valuable tool, so use it and stop whining.
    1. Re:Interesting interview notes by MeanMF · · Score: 1

      So, it is interesting that he is proposing taking Linux distributors (Red Hat, SuSE, etc.) and possibly other Linux users to court as well. If they are not on solid ground suing IBM over copyright infringement, how are they going to manage to sue all of the linux distributors and users on the planet for copyright infringement - since these distributors and users never had any contract with SCO.

      IBM doesn't really distribute Linux so there wouldn't be a copyright case against them. There could be future cases against Linux developers and vendors, though. If you have sold or redistributed somebody else's copyrighted code, you can be found liable whether or not you were aware of the infringement, what your intentions were, or whether you corrected the problem at a later date. And there's certainly no requirement that SCO has to have a contract with somebody for their copyrights to be valid.

    2. Re:Interesting interview notes by Platinum+Dragon · · Score: 4, Interesting

      We're not talking about just lines of code; we're talking about entire programs. We're talking about hundred of thousands of lines of code.

      Note how he says "entire programs"; the basis of the complaint is that code was copied into the Linux kernel. Apparently they are also claiming that some GNU tools and other programs are also "copied."


      [...]

      So, it is interesting that he is proposing taking Linux distributors (Red Hat, SuSE, etc.) and possibly other Linux users to court as well.

      Or, at least, taking a good shot at slagging Linux coders and users as anti-IP thieves, a tactic that MS tries using from time to time. This, obviously, can do great harm to the reputations of Linux companies, and thus reduce their revenues, possibly to the point of bankruptcy.

      If McBride's numerous allegations prove unfounded, so much vapourware, there is a word Slashdotters should become familiar with, as it will likely be the focus of many lawsuits against SCO and McBride, or just McBride if SCO is obliterated by IBM.

      Slander.

      --

      Someday, you're going to die. Get over it.
    3. Re:Interesting interview notes by Anonymous Coward · · Score: 0

      Why hasn't someone run the Sys V and Linux code through a copied code detector program (like some college professors use to stop code copying on assignments).

      Hmmm... I've worked with hundreds of SysV systems (SCO included) and I've never seen the source for the kernel or anything else really.

      Is it even generally available?

    4. Re:Interesting interview notes by Dr.+Manhattan · · Score: 1
      Why hasn't someone run the Sys V and Linux code through a copied code detector program (like some college professors use to stop code copying on assignments)

      Well, I would if I could find SysV code. Anyone know where? I heard it was available for download for a while...

      --
      PHEM - party like it's 1997-2003!
  123. I am sorry, but isnt subject should be... by tandr · · Score: 1

    SCO *thinks* they terminate IBM's Unix License ?

  124. Who is running SCO. by Anonymous Coward · · Score: 0

    Sounds to me like no body is at home at SCO.

    Kinda like CompUSA agrees to sell G4 PowerMacs. But tells Comp they can't show the customers the inside of the box. Just because Comp show the inside of the box does not mean that the customer is coing to rip off Apple and start his own computer manufacturing business. Paaallleeeezzzee!!!

    IBM-OS/X-IBM-OS/X-IBM-OS/X. Imagine: Aopple OS X pwering IBM server systems!! Microsoft: PPTTHH

  125. SCO Reveals Stolen Code by Eberlin · · Score: 5, Funny

    After a lot of overhyped anticipation, SCO finally released all of the offending code. It seems that SCO had patented the symbol combinations "/*" and "*/" as well as "//" -- thus proving correct that the comments were obviously stolen code.

    They are currently trying to get the courts to uphold their patent of the semi-colon, a pair of parentheses, curly braces, and the crlf combination.

    SCO has also filed a lawsuit against a 14yr old California student whose "Hello World" program infringes on SCO's patents. The student could not be reached for comments.

    1. Re:SCO Reveals Stolen Code by Alsee · · Score: 1

      The student could not be reached for comments.

      Of cource not. They all belong to SCO.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  126. What are they really thinking? by rdewald · · Score: 0

    So, in this game of legal poker, SCO is calling IBM's bluff.

    All that those of us on the sidelines can do is watch with bemused detachment. Microsoft, by way of it's proxy in this instance, SCO, is executing another brute force attempt to manipulate the marketplace with something other than quality products and good service.

    I wonder how much of humanity's talent has gone wasted in similar grabs for market dominance at any cost? I wonder about the people making these decisions. Do they really believe that they're fooling anyone or do they just not care? It's easy to demonize them, but there's more heat than light there.

    It reminds me of the recent decline of McDonald's. We've known for a number of years that the super-size meal phenomenon was a pox on humanity something like Windows has been. It causes health problems, obscures the real cost of food and threatens the safety of the food supply.

    Yet, super-sizing is regarded as something people are freely allowed to accept or decline, so we assign the individual ownership of the destruction wrought. Such assignment doesn't acount for the agri-business subsidy and the advertising onslaught. Even in the face of all these unfair advantages, McDonald's is finally losing money and changing it's menu (as it should) because the real costs of making a meal out of a half-pound burger, a quarter-pound of fries and a liter of soda are finally becoming known by enough consumers to counteract the loyalty of those who continue to chose to supersize meals in spite of cost.

    Will Microsft someday similarly change their hostile business practices?

    Now SCO has decided to forfeit any claims it may have had to corporate integrity in order to ride shotgun with Microsoft on another attempt to brute force Windows into market dominace. It won't work, it can't work for the reasons elucidated many times on /. If any of us are using code they succeed in taking away, we'll just write better code to replace it. They can't take away our ideas or the creative talents we use to bring those ideas to fruition.

    Why do they try?

    Did McDonalds really think that serving a harmfully excessive meal was a good idea just because people bought it? Does SCO think that having the winner lawyers on their side will remake them into a successful company?

    --
    The best way to do is to be.
  127. Now SCO Must Show Its Cards by PizzaFace · · Score: 3, Insightful

    The court will only grant SCO's injunction if SCO shows a likelihood that it will ultimately prevail on the merits of its complaint. This question gives IBM its first opportunity to fire its legal guns, which IBM has been putting into position for months. Good-bye, SCO.

    1. Re:Now SCO Must Show Its Cards by PizzaFace · · Score: 1

      Err, now that I've RTFA'd, I see that SCO has asked for a permanent injunction rather than a preliminary injunction, so they don't need to show their cards yet, and there will be no impact on IBM or its customers until the case is over. SCO's failure to ask for a preliminary injunction looks like uncertainty about its case, but I suppose it shows enough intelligence to choose a slow method of suicide over a quick method.

    2. Re:Now SCO Must Show Its Cards by MrResistor · · Score: 1

      It might just show that there is no possible way SCO can come up with the cash for the bond they would have to post. Remember that if a preliminary injunction to be granted, not only do they have to show a reasonable chance of winning, they also have to pay all damages caused by the injunction if they lose, and that has to be provided for up front in cash. IBM had something like $3.6 billion in revenue from AIX last year, and the preliminary injuction would have to be in effect for probably 3 years (until the end of the trial). Where is SCO going to get $10 billion in cash?

      --
      Under capitalism man exploits man. Under communism it's the other way around.
  128. Why JUST IBM? by ch-chuck · · Score: 2, Insightful

    There are plenty of other company's with Unix style os's, SGI's IRIX, Sun Microsystem's Solaris - are they all going to have to pony up bucks for a SCO license someday?

    --
    try { do() || do_not(); } catch (JediException err) { yoda(err); }
    1. Re:Why JUST IBM? by confused+one · · Score: 3, Interesting

      but the already do... IBM is the deepest pocket; and, they claim that IBM put System V code directly into Linux. Because of this they've started by suing IBM. If they survive, the plan to sue others...

    2. Re:Why JUST IBM? by Frobnicator · · Score: 1
      Actually, IBM let their license lapse, 100 days before Friday. SCO sued on two counts -- One is because they claim IBM put code into Linux (that's why IBM dropped the license) and the second is becaues they continue to distribute AIX which they claim also has their licenced code in it.

      It is obviously the second case that they are trying to get the injunction for.

      frob

      --
      //TODO: Think of witty sig statement
  129. A Slashdot First by fobbman · · Score: 5, Funny

    This has got to be the first time in Slashdot history that the Slashdot communty has hoped that a 900 pound corporate gorilla will turn a smaller Linux-related business into a fine red mist.

    1. Re:A Slashdot First by qslack · · Score: 1

      The size of each company is irrelevant. Slashdot users would support any company that they perceive as doing the right thing.

    2. Re:A Slashdot First by greywire · · Score: 1

      just goes to show that people arent always irrationaly in support of the smaller guy just because they're the "underdog". If they are doing something screwball, they deserve to be blasted, small or large...

      --
      -- Senior Software Engineer, Attorney appearance services, locallawyerapp.com.
    3. Re:A Slashdot First by llywrch · · Score: 2, Funny

      You mean you've never encountered a yapping miniature poodle that you wanted to turn into a fine, red mist?

      Geoff

      --
      I think I see a trend here. Maybe for them it really would be easier to muzzle the entire internet than to produce p
    4. Re:A Slashdot First by paitre · · Score: 2, Insightful

      This is one of the first cases in which the 900 pound gorilla is probably in the right.
      In addition, it's one of the few cases that has a direct impact on almost everyone who reads Slashdot regularly.

    5. Re:A Slashdot First by Anonymous Coward · · Score: 0

      That's not just any 900 pound gorrilla...

      Its a 900 pound gorrilla that supports Linux. That, and its wearing a nice deep blue suit.

    6. Re:A Slashdot First by Overly+Critical+Guy · · Score: 1

      In Slashdot land, it's all about whose side of the fence you're on, not about ideals.

      Come on, let's at least admit it...and then wait and laugh as SCO is pulverized into dust.

      --
      "Sufferin' succotash."
    7. Re:A Slashdot First by Anonymous Coward · · Score: 0

      True, but SCO richly deserves its inevitable fate. If AIX should be euthanized, then Open Server needs its head cut off and stake driven through its heart.

    8. Re:A Slashdot First by Anonymous Coward · · Score: 0

      In Slashdot Russia, ideals pulverize you!

    9. Re:A Slashdot First by MyHair · · Score: 1

      . . . a smaller Linux-related business . . .

      At this point, calling SCO a "Linux-related business" is kind of like calling Hitler the leader of a Judaism-related organization.

      (Not to diminish the holocaust; that's just the first example to jump to mind.)

    10. Re:A Slashdot First by MrResistor · · Score: 1

      SCO isn't a Linux company anymore, and even when they were they were the assholes of the community.

      --
      Under capitalism man exploits man. Under communism it's the other way around.
  130. First AIX, then Windows. by Anonymous Coward · · Score: 0
    I guess that's the danger of using proprietary SW.

    If you're buying software (AIX, Windows) from a closed source vendor you have to be careful that someone doesn't revoke your vendor's license!

    What if SCO gets mad at msft next? Can they revoke the license that Microsoft just did with them? It's a logical next target. Clearly deeper pockets than red hat, etc.

    1. Re:First AIX, then Windows. by ElGanzoLoco · · Score: 1

      Nah... They wouldn't bite the hand that feeds them.

      --
      Hello! I'm a disaster waiting to happen!
  131. SCOX by Alakaboo · · Score: 2, Funny

    (To the tune of "Lola" by The Kinks)

    I met them in a club down in Santa Cruz
    where you code in C and it looks just like the Linux kernel... K-E-R-N Kernel

    They walked up to me and asked me to desist
    I asked them their name and in a cowardly voice they said, "SCOX"... S-C-O-X SCOX, sco sco sco sco-X

    Well I'm not the world's most intelligent guy
    But when they showed me the code I almost cried
    Oh my SCOX, sco sco sco sco-X

    Well I'm not dumb but I can't understand
    How they stay in business with blood on their hands
    Oh my SCOX, sco sco sco sco-X

    Well they filed their claims and sued all night,
    thanks to Microsoft's failing might
    They picked me up and sat me on their knees
    Saying, "Linux coder won't you turn and flee?"

    Well I'm not the world's most logical guy
    And when I looked at the comments
    I almost fell for their bullshit
    bull bull bull bull-shit

    sco sco sco sco sco-X

    I laughed them away. I walked to the court.
    I filed a countersuit. They'll be down on their knees.
    Now that IBM is looking out for me

    And that's the way that I want it to be
    They'll clean them out and make them pay
    Oh my SCOX, sco sco sco sco-X

    Linux will be UNIX, and UNIX will be Linux
    It's a scratched-out, messed-up, crazy diagram
    thanks to SCOX. sco sco sco sco-X

    Well I posted to LKML just a week before
    saying I never ever leaked code before
    SCOX smiled and said "We understand,"
    saying, "Linux coder, you can do what you can"

    Well I'm not the world's most open source guy
    but I know Richard Stallman and I bet that they'll fry
    oh my SCOX, sco sco sco sco sco-X

    sco sco sco sco-X

  132. SCO Business Plan by appleLaserWriter · · Score: 5, Funny

    1) Aim shotgun at foot
    2) Pull trigger
    3) ???
    4) PROFIT!!!

    IBM got its start providing IT services to the US Census beureau over 100 years ago. Today it is tightly integrated into the business and government fabric of nations around the world. IBM hires the best and brightest MBA and Law school grads every year into their corporate ranks. With that combination of inteligence and connectivity, IBM is not a force you want to fight directly.

    Beginning this year, IBM has appointed a new Chairman. Mr. Palmisano has a history of supporting Linux.

    This is all the motivation IBM needs to finish migrating its non-x86 platforms all the way over to Linux and completely dumping that antiquated "Unix" stuff.

    I see a lot of job opportunities for Linux hackers opening up at IBM shortly. Especially for people with both Linux and IBM mainframe or PPC experience.

  133. Maybe... by mysterious_mark · · Score: 0, Flamebait

    SCO and IBM will sue each other out of business, and we'll all live happily ever after. Remember IBM sux also, they write crappy code and sent all their software jobs to India. (maybe I'm just bitter because I have to fix their crappy code, and thet sent my job to India..) PS (If you're job hasn't been sent over seas yet, wait a few minutes..)

  134. Open a large short position on SCOX by Anonymous Coward · · Score: 0

    It's almost guaranteed that these idiots are going to tank back down to $.60 a share when the shit really starts to come down on them. Hopefully after I get out of the short position they will go under.

    FUCK SCOX

  135. Why not just buy SCO? by majestyk2000 · · Score: 2, Insightful

    According to this site, the currently outstanding shares of SCO are worth less than $150 million. That doesn't mean that the company could be bought for that, but it would be certainly less than a billion. At this point, it would seem to behoove IBM to launch a hostile bid for SCO and go ahead and offer about twenty bucks a share for all outstanding shares. I'm sure they could do it. It is ridiculous that a penny-ante company like SCO is risking a multi-billion dollar per year business.

    1. Re:Why not just buy SCO? by confused+one · · Score: 1

      Because it appears they've decided it's cheaper to fight it. Besides, if they spend a few million in court, spread out over a few years, SCO's stock will likely become so dilute that IBM will be able to pick it up for next to nothing and save themselves a few hundred million.

    2. Re:Why not just buy SCO? by Anonymous Coward · · Score: 0

      What self-respecting corporation would want to own SCO?

    3. Re:Why not just buy SCO? by spiffyspiff · · Score: 1

      if it wasn't for the fact that mcbride would get the fucking money, i'd suggest WE buy sco.

    4. Re:Why not just buy SCO? by Penguinshit · · Score: 1

      When a mouse tries to bite off your pubic hair, do you offer it a small hunk of cheese or do you bash the little fucker's head in with the heel of your boot?

      I thought so.

      Now go wash off your boots.

  136. Albert Einstein on the SCO case by Anonymous Coward · · Score: 5, Funny

    Albert Einstein is well known for his unified field theory hypothesis. He has a lesser known theory about stupidity: "Only two things are infinite, the universe and human stupidity, and I'm not sure about the former."

    Although we've never been able to prove the unified field theory, it looks like SCO is proving us the proof that Einstein was right about stupidity being infinite.

    1. Re:Albert Einstein on the SCO case by TheRaven64 · · Score: 3, Funny
      "Only two things are infinite, the universe and human stupidity, and I'm not sure about the former."
      ...it looks like SCO is proving us the proof that Einstein was right about stupidity being infinite.

      Maybe. Strong evidence certainly, but no one has actually proven that SCO's laywers are human...

      --
      I am TheRaven on Soylent News
    2. Re:Albert Einstein on the SCO case by LordofEntropy · · Score: 0

      I thought lawyer and human were mutually exclusive.

      --
      Entropy just isn't what it used to be.
    3. Re:Albert Einstein on the SCO case by 10bt · · Score: 3, Interesting
      Although we've never been able to prove the unified field theory, it looks like SCO is proving us the proof that Einstein was right about stupidity being infinite.

      have you seen their 3-month stock chart recently? the only thing they've proven is that the theory of stupidity does not stray far from einstein's theory of relativity ;). i have made a lot of money off SCOX, and i am sure i am not alone. so as far as my wallet is concerned, their tactics have been brilliant.

    4. Re:Albert Einstein on the SCO case by Anonymous Coward · · Score: 0
      have you seen their 3-month stock chart recently? (inane babble snipped for brevity's sake) so as far as my wallet is concerned, their tactics have been brilliant.

      Gee, Bill, you sure know how to create a false value in a stock. What is even more funny is just how quickly you will dump it on any other poor suckers when you have run all the mileage out of this pig.

      Oink! Oink! Little piggies, caveat emptor! Go ahead and buy a share of this comet, it won't return again - it's headed to the bottom of the ocean of lies.

    5. Re:Albert Einstein on the SCO case by Anonymous Coward · · Score: 0

      Does this mean we can make a Beowulf cluster of them?

  137. License to kill... by AchilleTalon · · Score: 1
    they just watch too much James Bond at SCO...

    "IBM has clearly demonstrated its misuse of UNIX source code and has violated the terms of its contract with SCO."
    SCO can you show it once and for all to all those wishing to believe you? It's just clear like mud.

    --
    Achille Talon
    Hop!
  138. OpenServer isn't Really Xenix by Gerry+Gleason · · Score: 1
    A nitpick, I know, but the OpenServer product came out after AT&T got SCO to merge the Xenix fork back into Unix line. Unifying Unix was one of AT&T's big projects of the late 80s, with the SunOS -> Solaris change being the first one and SCO being the second. The rest of the Unix world meanwhile was standardizing under another banner, whose name escapes me at the moment. Something ending in "Consortium" as I recall.

    In the end, there probably isn't much left from MS.

    1. Re:OpenServer isn't Really Xenix by AKAImBatman · · Score: 2, Informative

      I think you mean the Open Group who is now responsible for enforcing what "Unix" *is*. Not to be confused with the X Consortium, the keepers of the X11 protocol. Besides, the OP only asked about roots. :-)

    2. Re:OpenServer isn't Really Xenix by nburtner · · Score: 1

      I think that it was the Open Systems Foundation, lead by DEC and a few other companies. They thought that AT&T and Sun were trying to unfairly make some UNIX standards.

      Well, that's assuming that my memory serves me correctly...I haven't researched this for a while...the reason, that is, I know that DEC was involved (hence why Tru64 UNIX is sometimes refered to as OSF/1).

    3. Re:OpenServer isn't Really Xenix by Gerry+Gleason · · Score: 1
      No, definitely not that, but I think the following comment to this one got it right "Open System Foundation". Somehow that doesn't sound quite right, but the names may have been changed along the way as well.

      DEC, HP and IBM were the big members, maybe SGI too.

    4. Re:OpenServer isn't Really Xenix by Jeremiah+Cornelius · · Score: 1
      OSF! OSF! OSF! OSF! OSF! OSF! OSF!

      The only commercial OSF that went anywhere was DEC OSF-1, the operating system previously known as Ultrix then Digital Unix - Subsequently known as Tru-64 Unix. Unix for VAX and DECStation and AlphaStation! Unix from the company that swore "Unix is snake oil"! Unix form the company that built the HW platform on which all significant original development occurred - without their involvement!

      --
      "Flyin' in just a sweet place,
      Never been known to fail..."
  139. Hehe heh heh... by Anonymous Coward · · Score: 0

    We're a pretty sizeable government organization who uses a *LOT* of AIX systems. If any SCO personnel try anything funny to interfere with out computer operations, we'll simply arrest them and charge them with any of several criminal offenses WRT state computer crimes and interference with govt, law enforecement, and other public safety computer systems.

  140. Their 30 seconds are up by Anonymous Coward · · Score: 2, Funny

    ...they're starting to remind me of a little dog that won't stop humping your leg. It's sort of amusing for the first 30 seconds or so, but after awhile you just need to give them a nice kick in the head.

  141. SCO's saying it's already destroyed by zptdooda · · Score: 1

    "... with the resulting destruction of UNIX, IBM has clearly demonstrated its misuse of UNIX source code ..."

    (shaking head and sighing) I don't know if they're hallucinating or just being overly creative. They're getting shrill.

    --
    Esteem isn't a zero sum game
  142. Gotta wonder what's up by Platinum+Dragon · · Score: 5, Insightful

    I appreciate all the jokes about David vs. Goliath, with people cheering for Goliath, but I have to wonder why IBM hasn't taken the opportunity to annihilate SCO's case by now. Are the lawyers just waiting for this thing to reach a courtoom to unleash the legal nuclear weapons? Are they waiting to spring a nasty surprise on SCO, like proof that the code in question is really BSD, or even GPL? Do the charges really have merit, and the legal team is just buying time to figure out a way to extricate the company unscathed?

    Seriously, Big Blue's been strangely dormant on this. What gives? For one thing, the reputation of Linux--a codebase that IBM's banking a big chunk of money on--is at stake.

    --

    Someday, you're going to die. Get over it.
    1. Re:Gotta wonder what's up by FatRatBastard · · Score: 4, Insightful

      Its a lawsuit. You bide your time, keep your head down, do your homework, and let everything that needs to come out come out in court.

      Frankly, that's why I have my doubts about SCO's claims: they're going WAY public WAY early. If they had a solid case they wouldn't have to say crap, they'd just file their lawsuit and followup as needsbe. As it stands right now their story keeps changing. Looking at my unofficial scorecard thusfar we have:

      * There may be some SCO IP in some userland apps
      * IBM violated a contract between SCO and IBM
      * IBM misappropriated code into Linux Kernel in a few places
      * IBM misappropriated code into Linux Kernel in a a lot of places
      * IBM misappropriated code into Linux Kernel in a few hundred thousand places ... and as of today

      * SCO owns anything associated with UNIX since they claim the orig. AT&T licenses says that AT&T (and now SCO) own everything that the Licensees add to their own version of Unix (JFS: Developed by IBM, owned by SCO; NUMA: Developed by SGI (AFAIK), owned by SCO, etc). Sontag even hinted that SCO somehow has some ownership rights to Windows (and that the recent MS/SCO licensing agreement doesn't cover it).

    2. Re:Gotta wonder what's up by Croaker · · Score: 3, Insightful

      Well, what really could IBM do? Has SCO shown them the code? Has anything gone bfore a judge yet? I don't believe so.

      With SCO prancing around and running off at the mouth before the fight actually begins, there's not much IBM can do at the moment other than issue statements like "they're wrong." The second SCO is forced to actually put up its dukes and fight, IBM will then be able to land a haymaker and knock SCO out of the ring and up into the cheap seats.

      SCO has limited resources here. IBM could just tie things up in the courts until SCO withers and dies. So, SCO's tactic is to make as much noise as possible now, before IBM can do diddly squat, and hope that IBM just buys them to make the whole thing go away.

      I can't think of any other legal dispute recently in which one party has been so vocal. Usually, party A sues party B, and both keep pretty mum about it. With SCO screaming like a little girl in the press and pointing fingers at IBM, one has to think their tactic is to get this resolved in a back room, rather than in a court.

    3. Re:Gotta wonder what's up by Platinum+Dragon · · Score: 2, Interesting

      Sontag even hinted that SCO somehow has some ownership rights to Windows (and that the recent MS/SCO licensing agreement doesn't cover it).

      The whole thing reeks of some small-dicked execs hoping to get golden parachutes with a buyout, but not before damaging the credibility of several companies and a few thousand volunteer hackers. Sadly, the stock market seems to reward this kind of blackmail.

      I have this image in my head of a small SCO lawyer pounding on the feet of Bahamut, while the dragon just stands there, arms crossed, growing less patient with every pathetic stomp.

      At the breaking point, Bahamut unleashes a nice, hot Mega Flare.

      Bye-bye, annoying little bug.

      Still, I've gotta wonder just what IBM is prepping.

      --

      Someday, you're going to die. Get over it.
    4. Re:Gotta wonder what's up by hetfield · · Score: 1

      Someone in one of the umpteen million previous SCO vs. the World Slashdot articles explained this pretty well.

      IIRC, IBM's new leadership labeled the IT industry as a media circus and vowed to take the high-road from now on. Instead of playing the immature game SCO wants them to play, they are going to wait until the right time and right venue (a court of law, perhaps?) to pound SCO into the ground.

    5. Re:Gotta wonder what's up by mcgroarty · · Score: 1
      I woudl guess that right now, the burden of proof is on SCO. If IBM goes after SCO for making allegations against them, IBM may be drawn into having to prove innocence.

      If so, it's better for SCO to be forced to present evidence before proceeding.

    6. Re:Gotta wonder what's up by Anonymous Coward · · Score: 0

      IANAL but couldnt ibm simply counter-sue sco? Afterall, they allege much without proof, and the damage to ibm/linux is not insignificant...

      damages equal litigation

    7. Re:Gotta wonder what's up by Anonymous Coward · · Score: 0

      I'm a little girl, you insensitive clod.

      Won't somebody think about the children?

    8. Re:Gotta wonder what's up by Surak · · Score: 1

      A common legal tactic when a loudmouth smaller company sues a bigger company is for the bigger company to sit and wait. The smaller company will use up all its legal resources before the big fight and IBM will knock them down with one swipe of it's mighty legal paw...errr...arm.

    9. Re:Gotta wonder what's up by Greyfox · · Score: 2, Insightful
      I think it's called "Letting them get the hole good and deep."

      The satisfaction I will feel upon SCO's realization that the hole can not be escaped will be only slightly diminished by the fact that even though the company will crash and burn, the officers will still get termination bonusses worth more than I will probably earn in my entire life.

      --

      I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    10. Re:Gotta wonder what's up by shadowcabbit · · Score: 1

      If someone shouts at you for three hours that you're a pink tuna fish, do you respond?

      SCO's claims are so utterly ridiculous that even someone with a passing familiarity of copyright law, GPL, and even the SCO debacle is able to dismiss the claims as stupid. Truth can be self-evident but nothing stands out as much as outright lunacy.

      --
      "Why Subscribe?" Good question...
    11. Re:Gotta wonder what's up by dR.fuZZo · · Score: 1

      ...I have to wonder why IBM hasn't taken the opportunity to annihilate SCO's case by now.... Seriously, Big Blue's been strangely dormant on this. What gives?

      I have to wonder how you think the American legal system works, exactly. Do you think IBM just sends their giant squads of lawyers over with steel batons to beat the crap out of SCO's CEO when he looks at them the wrong way or something?

      The articles, press releases, and interviews with executives that we read about on Slashdot != legal arguments before a judge.

      --
      -- dR.fuZZo
    12. Re:Gotta wonder what's up by Anonymous Coward · · Score: 0

      Right now, that is not necessary yet. Note that of course, anything SCO says can and will be used against it in a court of law. Now think again why IBM is quietly preparing for its day in the court while SCO is shouting and jumping.

    13. Re:Gotta wonder what's up by Jaywalk · · Score: 1
      I have to wonder why IBM hasn't taken the opportunity to annihilate SCO's case by now. Are the lawyers just waiting for this thing to reach a courtoom to unleash the legal nuclear weapons?
      Of course. They've already said that they have no intention of answering SCO outside of a courtroom and no intention of settling. Their lawyers have been quiet, but I doubt they've been idle. I expect fireworks as soon as SCO steps into a courtroom, including (but not limited to):
      • Motion to dismiss due to SCO not "limiting damages" by releasing the dubious code.
      • Motion to dismiss because SCO already knowingly distributed the same code under GPL.
      • Countersuit for slander and/or libel.
      • Motions for more information which will keep SCO photocopiers smoking for a year.
      Most damning will be a comparison between SCO's "intellectual property" and what is already in the public domain and/or GPL. Once you take SCO's UNIX and carve out all those which parts which exist elsewhere, there will be precious little left for SCO to sell.
      --
      ===== Murphy's Law is recursive. =====
    14. Re:Gotta wonder what's up by dmaxwell · · Score: 1

      one has to think their tactic is to get this resolved in a back room, rather than in a court.

      The "resolution" starts with SCO dropping it's pants and bending over. Once the dispute has been "resolved" SCO will look something like this. Maybe SCO should just take it's chances with a judge.

    15. Re:Gotta wonder what's up by ksheff · · Score: 1

      Do you think IBM just sends their giant squads of lawyers over with steel batons to beat the crap out of SCO's CEO when he looks at them the wrong way or something?

      While that would certainly be enjoyable, I think what will happen is that IBM will start ticking off a list of their patents that SCO is violating.

      Maybe the next linux beer hike could be near SCO headquarters? I'm sure McBride and Sontag would love a few thousand angry drunk linux coders in their town.

      --
      the good ground has been paved over by suicidal maniacs
    16. Re:Gotta wonder what's up by TC+(WC) · · Score: 1

      I have to wonder how you think the American legal system works, exactly. Do you think IBM just sends their giant squads of lawyers over with steel batons to beat the crap out of SCO's CEO when he looks at them the wrong way or something?

      No. That was IBM's old style

    17. Re:Gotta wonder what's up by Tsu+Dho+Nimh · · Score: 1
      "Never interrupt your enemy when he is making a mistake." Napolean

      IBM obviously prefers to save their words fo where it really counts ... in fornt of the judge, not the press.

    18. Re:Gotta wonder what's up by rve · · Score: 1

      This case will be settled out of court for an undisclosed amount, possibly with IBM buying the unix licence, or even SCO in its entirety at an overpriced sum.

      IBM's size doesn't mean it can just buy a favourable verdict, it just means it has the resources to drag the case on for years. SCO's revocation of IBM's unix licence is probably meant to make time cost IBM money, to pre-empt this tactic.

  143. This proves that... by Anonymous Coward · · Score: 2, Insightful

    linux is untouchable. SCO, nor anybody else in the world can't harm "linux". "linux" is source code and they can't stop it's distribution and development.

    What do I care if SCO has problems with IBM?
    I don't give a shit.

  144. A real-world DoS attack... by chundo · · Score: 5, Interesting

    Time for everybody to sue SCO for previous GPL violations! That'll keep their lawyers tied up for awhile.

    -j

    1. Re:A real-world DoS attack... by CmdrWass · · Score: 2

      Unfortunately there is a small problem with this article. From the article:

      ...everyone who owns a copy of Linux will be able to sue SCO for withholding that source code in violation of the GPL

      Unfortunately this is a widely held misconception of the protection granted by the GPL. The GPL does not grant ownership of license to the commons (general public). It is true that SCO could be sued if this is the case, BUT, the only person (people) who can legally sue are those who own the copyrights of the GPL'd code that SCO illegally used, or derived works from.

      In simpler terms, only a licensor has the right to uphold a license. Users and Licensee's have no inherent right to uphold the GPL on code to which they do not own the copyright. A user or licensee may only report the violation back to the copyright holder.

      There is actually a good reason that it works this way. Albeit the linux kernel code is quite complex and has many contributors. However, let's take a much simpler GPL'd codebase as an example. Let us also assume this code has a single copyright owner. Now just because entity X obtains the code under the GPL, doesn't mean that the Licensor doesn't have a previous, or postuous agreement with entity Y using a completely different license. The license is an agreement strictly between the licensor and the licensee... there is no implied rights between licensees.

      However, none of this prevents one from suing SCO in the USA... you just won't win, and the Judge will probably dismiss the case before it even reaches court.

    2. Re:A real-world DoS attack... by chundo · · Score: 1

      Ah, but it's the amount of paperwork the small claims courts will send them that really matters... :) They've got to address them all, even if only to make a motion to dismiss the case...

      -j

    3. Re:A real-world DoS attack... by Anonymous Coward · · Score: 0
      I, as a former SCO employee would have to agree, I was quite puzzled to notice that UnixWare 7 would not be able to startup the network subsystem without the help of TCL.

      I think that when you do proprietary software, which is in my opinion a respectable bussiness, you should do it consistently and not "borrow" stuff from the Open Source domain.

    4. Re:A real-world DoS attack... by Anonymous Coward · · Score: 0

      Actually, I probably can sue them in California.

      California citizens are able to sue businesses on behalf of someone else if that someone else were being harmed by those businesses. Harmed being some illegal activity. Some Republicats are trying to change that law. But, it's a good law as it keeps businesses on their toes (protecting other businesses and citizens from them) and saves the state a bunch of lawyer fees by not having to do the lawsuits themselves.

      It's sort of a "free-market" lawsuit. If businesses are found not in violation, they can counter sue.

  145. Wow. by ckuske · · Score: 1

    These guys have serious cahones.

    1. Re:Wow. by ccp · · Score: 1


      I guess you mean cojones.

      Cheers,

    2. Re:Wow. by ckuske · · Score: 1

      I thought it was cojones too, taking 2 years of high school spanish (that makes me an expert... right)

      Well, I doubted myself and checked here:

      http://www.texmex.net/Diction/Diction.htm#-CCC-

      Of course, that could be wrong too.

    3. Re:Wow. by ccp · · Score: 1

      Thanks for the link. It's interesting (and occasionally funny) but you must realise that Tex-mex and Spanish are not the same thing, and neither is the Spanglish spoken in Miami.

      The word CAHONES doesn't exist in Spanish, and seems to be the way an anglo would SPEAK cojones.

      Hint: there's no English sound like the Spanish "j", so it's very difficult for you to pronounce.

      Hint2: in Spanish, the "h" is mute, except after a "c".

      Cheers,

  146. Has anyone thought by pclminion · · Score: 1, Interesting
    Has anyone else thought that maybe, instead of completely insane behavior on SCO's part, this is actually a very clever method of advancing Linux? Maybe SCO sees the end of days coming and decided to "heroically" go down in a ridiculous court battle that gets tons of free publicity for Linux and ultimately makes Linux look like a champion in the end?

    I know that seems a little off the deep end, but I've spoken to more than one person who believes this might be the case...

    1. Re:Has anyone thought by Anonymous Coward · · Score: 0

      Given that there have already been logged-in users in slashdot discussions in the previous weeks giving stories of how their organizations or businesses scuttled or decided not to go with plans of moving to linux from AIX/solaris 'big iron' installations because the pointy-haired bosses were freaked out by going with something they percieved as having a big legal question mark over its head, i think that would probably be the dumbest idea ever were it true.

  147. Fair Trial in Utah ? by Anonymous Coward · · Score: 0

    These are the people completely blind to the concept of conflict of interest.

    Their bully tactics won't work outside of Utah.

    bucky

  148. SCO's public suicide by taustin · · Score: 3, Insightful

    As far as I can tell, SCO now plans to sue every single end user of AIX. Which should help the adoption of Linux in a big, big way, since all those users now need to replace their AIX installations. This could be the best thing to every happen to Linux, since it makes IBM a Linux only shop.

    1. Re:SCO's public suicide by pmz · · Score: 1

      As far as I can tell, SCO now plans to sue every single end user of AIX. Which should help the adoption of Linux in a big, big way, since all those users now need to replace their AIX installations.

      I don't think that would be practical for SCO. For example, isn't ASCI White an AIX machine? What about super mega corporations whose infrastructure runs on AIX (I'm thinking of a big home improvement chain, for instance)? I don't think a company who just plonked down a cool million for a big p-series server is going to budge very much.

      I think SCO should expect a rude gesture from these IBM customers and nothing more.

    2. Re:SCO's public suicide by taustin · · Score: 1

      I don't think that would be practical for SCO.

      Neither was suing IBM, even if they are right (which they rather obviously aren't). Hasn't slowed them down yet.

      It's public suicide, and nothing less. Nobody could be this stupid. They'd forget how to breath if they were.

  149. Monty Python and the Holy Grail by Twilight1 · · Score: 2, Funny

    This whole FiaSCO has me both entertained and worried. Common sense suggests that SCO is about to become a greasy spot on the bottom of IBM's shoes. However, in the US, common sense is barred from court rooms, and SCO could turn out to be a bigger thorn than anyone imagined.

    But... I can't help being reminded of Monty Python and the Holy Grail... where SCO is playing the role of the Black Knight.

    - Twilight1

    1. Re:Monty Python and the Holy Grail by Anonymous Coward · · Score: 0
  150. Novell by Ryan+Stortz · · Score: 2, Interesting

    Couldn't IBM just secure a licence from Novell?

    --
    Bugs are just features that have been fixed.
    1. Re:Novell by Anonymous Coward · · Score: 0

      Rumor has it that IBM is considering aquiring Novell.

      And it does make a lot of sense. The products that Novell makes complement IBM's perfectly, especially their security and identity management lines. They would be getting a lot of customers, significant revenue, no debt, great technology and the expertise to implement it as well.

  151. No, the FTC is about to raid SCO's premises... by Anonymous Coward · · Score: 0

    ...accompanied by a small army of US Marshals.

  152. The reason IBM has been sitting on their thumbs by dacarr · · Score: 2, Funny
    IBM has been, as far as we can tell, sitting on their thumbs.

    While I can't say this with full authority, I don't think they really are merely doing nothing about this. What I think they are doing right now is digging out a certain Nancy Sinatra song, looking in their closet for a particular pair of boots, and designing exactly how they are going to stomp all over SCO.

    --
    This sig no verb.
    1. Re:The reason IBM has been sitting on their thumbs by stwrtpj · · Score: 1
      What I think they are doing right now is digging out a certain Nancy Sinatra song, looking in their closet for a particular pair of boots, and designing exactly how they are going to stomp all over SCO.

      Now there's something I thought I would never see on Slashdot: an apropos reference to These Boots Were Made For Walking. My hat is off to you. I'd mod you up if I had moderator points today.

      --
      Karma: Frotzed (mostly due to the Frobozz Magic Karma Company)
    2. Re:The reason IBM has been sitting on their thumbs by ccp · · Score: 1


      Well, somebody here is as old as I am!

      Thanks for the memories.

  153. Running AIX without a licence??? by Anonymous Coward · · Score: 0

    Who cares? Think about how many more people are running MircoShafts Winblows without a license.

  154. crush sco by Anonymous Coward · · Score: 0

    IBM crush SCO ...

    SCO is a POS

  155. use ur eyez by Anonymous Coward · · Score: 0

    There's a space and a colon to take care of, click-boy.

  156. After the trial by Nighttime · · Score: 1

    I can't help thinking that after the trial it's going to be like a certain scene from Animal House:

    *THWACK*
    McBride: Thank you, sir! Please, may I have another?
    *THWACK*

    --
    I've got a fever and the only prescription is more COBOL.
  157. from "Life's Little Instruction Book", #753 by zptdooda · · Score: 1

    "Don't do business with anyone who has a history of suing people." - H. Jackson Brown Jr (1993)

    Just some advice for potential future business partners ...

    --
    Esteem isn't a zero sum game
  158. Re:AIX? I thought this was about Linux? by Keith+Mickunas · · Score: 1

    I believe their claim comes down to this: IBM licensed UNIX to make AIX, SCO says that while making AIX, they allowed code to be copied into Linux, thus invalidating their UNIX license, so SCO has rescinded the license for UNIX, which means IBM can't sell AIX.

  159. SCO forum fun? by Anonymous Coward · · Score: 0

    Hey, I just noticed on SCO's page that they are having some kind of convention in Las Vegas in August. It would be fun to raise some sort of ruckus (read protest) in front of their convention.
    I'm not about to organize such an event (hence the AC), but I'd probably go. I really need an excuse to go to Vegas again this year anyway. =D

  160. Let's see the licenses by araven · · Score: 1

    Does anyone have a link to the SCO/IBM license?

    As a non-AIX user, I wouldn't mind seeing an AIX license agreement as well. Does the AIX license refer to the SCO master license?

    Sorry, but Google is full of newsy muck right now, I'd like to see the real agreements.

    ~

    --
    "A foolish consistency is the hobgoblin of little minds." -Emerson
  161. I'm waiting for... by confused+one · · Score: 1
    SCO to approach the United States Federal Government; and, with a strait face, tell them they have to shut down all of their AIX servers, remove the OS, and destroy the liscences.

    Do you have any idea how many IBM AIX servers the government runs? It's not an insignificant number. Can you picture it?

    SCO Rep: We want you to...

    Gov Rep: You want WHAT?

    SCO Rep: We want you to...

    Gov Rep: (laughing) No.

    SCO Rep: But, we own the liscense.

    Gov Rep: (still laughing) No.

    SCO Rep: But, there's an injunction filed...

    Gov Rep: No. If you persist, we'll spank you and revoke your patents. Now go away.

  162. Not so by Anonymous Coward · · Score: 0

    SCO claims that the comments, including spelling mistakes, are common. So a grep based on comments should yield the suspected code.

    IBM created the Deep Blue computer to implement heuristic searches in chess. Giving Deep Blue the task of finding common SCO and Linux source comments should be child's play.

  163. So IBM's 'punishment' is... by xenocide2 · · Score: 1

    So SCO plans to punish IBM by revoking their right to sell Unix(tm) software after they allegedly copied code into Linux, a platform which they've increasingly become reliant on?

    --
    I Browse at +4 Flamebait

    Open Source Sysadmin

  164. Re:AIX? I thought this was about Linux? by V.+Mole · · Score: 2, Interesting

    The theory: SCO owns the right to license Unix(tm). AIX is a Unix(tm) system. IBM needs a license from SCO in order to sell AIX. Therefore, SCO can rescind IBM's Unix license,and thus IBM can no longer sell AIX.

    The reality: IBM is going to stomp SCO into a small, bloody puddle, and then piss in the puddle.

  165. Kaboom... by monkeyboy87 · · Score: 1

    Where's the Kaboom?!?!

    The was supposed to be an earth shattering Kaboom!?!?

    When we terminated the AIX license there was supposed to be an earth shattering Kaboom....

    1. Re:Kaboom... by Anonymous Coward · · Score: 0

      marvin the martian.

      when cartoon were funny. sigh.

  166. Burden of proof by elviscious · · Score: 1

    I wonder if SCO has decided how they are going to prove that THEY didn't steal all of this code from Linux.

  167. One Minor Exception... by Anonymous Coward · · Score: 3, Informative

    One corporation claims to have complete immunity to SCO's legal threats. Interestingly enough, they happen to be one of IBM's competitors in the high-end server market. And dispite all those take-over rumors, they have around $5.5 billion in the bank..

    And now there's this Big Blue blood in the water. If you were an IT head, whose sales pitch would you listen to? Hmm....

    1. Re:One Minor Exception... by bwt · · Score: 1

      Actually, money in the bank helps hostile take overs, because the purchasing entity can essentially use it to pay the share-holders.

      EG, suppose a company with 17.2 billion in market cap has 5.5 billion in the bank? How much money do you have to make a credible offer to buy the company? You need 11.7 billion. To see this, just imagine that such a company borrowed the other 5.5 billion, and then when it controlls the bank accounts, decides immediately to pay off the loan.

    2. Re:One Minor Exception... by khallow · · Score: 1

      Sun's also probably sitting on a slew of stock options that aren't reported as a liability. Hence, that $5.5 billion may be imaginary.

    3. Re:One Minor Exception... by pyrrho · · Score: 1

      I'm not sure, but I think your intimating IBM is losing blood to this.

      NO no no! IBM was, 20 years ago, THE computer company, in fact, THE company, period, of any kind. IBM was god. Then IBM was silly, old, irrelevant.

      This is IBM coming back (like it or not, I'm not a cheer leader just an analyst, unpaid for my wise services as such...). IBM needs to throw some wieght around, but doesn't need to piss people off, they are the New IBM, not oldIBM. This is perfect for them --- everyone is rooting for them. They can save themselves and the whole industry will think they've saved not themselves, but the industry.

      It's the kind of big-challenge you need when you are a big company, and indeed, as such things go it's probably rather small.

      --

      -pyrrho

  168. Actually... by kikta · · Score: 3, Funny
    Does anybody else get the impression that Big Blue is going to give SCO a bloody nose over this whole thing?

    No, I'm picturing something more along the lines of a gangland-style knee-capping, followed by SCO pleading for their lives, followed by a slit throat and ritual dis-embowlment.

    But that's just me. And I'm sick. ;-)

    Seriously, IBM's most likely not going to let SCO live. They're going to make an example of them.
    1. Re:Actually... by Anonymous Coward · · Score: 0

      I'm picturing something along the lines of unidentifiable remains.

  169. Do I smell Yakuza! by Anonymous Coward · · Score: 0

    Yakuza:

    Listen see, you don't go writing checks that IBM can't cash (SCO businessmen wind up swimming with the fishes). :)

  170. RIAA: Watch and learn by Cloud+K · · Score: 4, Funny

    At the risk of sounding off-topic... doesn't this seem very familiar?

    -- Some idiot organisation who were successful once but are no longer relevant start worrying about their future. --

    -- In a feeble but desparate attempt to boost finances and publicity, they start throwing lawsuits around. --

    -- Getting more and more frustrated, they start screwing their own customers, who are now getting very pissed off. --

    -- Most people agree that said organisation are a bunch of a-holes and vow never to buy from them again. --

    Ring any bells? If you ask me, this SCO business is like a smaller and faster-moving example of the behaviour and imminent consequences of a certain irrelevant organisation known as the RIAA.

    Here's the next part, which I hope will happen to SCO and set an example to the rather slower moving RIAA case.

    -- Organisation becomes obsolete and goes down the pan where it belongs. There is much rejoicing. --

    Perhaps I'm stating the obvious, but it seemed uncanny to me. Watch and learn, fools...

    1. Re:RIAA: Watch and learn by JudgeFurious · · Score: 1

      Don't get me wrong, I completely see your point and the similarity is obvious. I'm just wondering which CD buyer out there is going to be able to thump the crap out of the RIAA to the degree that IBM is going to pummel SCO.

      When that person steps forward I'll be smiling.

      --
      Appended to the end of comments you post. 120 chars.
    2. Re:RIAA: Watch and learn by Cloud+K · · Score: 1

      A fair point... guess I'm being way too optimistic / naive at the thought, but there must be someone out there! It would bring a grin to my face too ;)

    3. Re:RIAA: Watch and learn by Ungrounded+Lightning · · Score: 1

      At the risk of sounding off-topic... doesn't this seem very familiar? [Comparison to RIAA deleted]

      I'd be happier with your post if the RIAA didn't keep WINNING in court.

      --
      Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  171. It's even worse! by capt.Hij · · Score: 1

    I wish! This means that we get a double whammy. Not only do we have to put up with AIX but we also can get sued by SCO for using it. Isn't there something in the consitution about "double jeopardy?" The really bad news here is that all my complaining to my boss about replacing our AIX systems with Linux gets shot down for the same reason we might lose the AIX machines!!?!!? Ugh.

    Just remember, there is a reason why it is called "aches."

  172. this company is stupid by Anonymous Coward · · Score: 0

    SCO makes it so hard not to hate the bastards who run the company and the whores that raised and gave birth to them. SCO makes it even harder to give their point of view a legitimate side to it. If SCO wins their lawsuit I think alot of people are gonna need to band together and do a hostile takeover of the company. (If everyone buys enough shares and donates them to a holding organization that we create, then we can control the company and thus sell it to IBM or some other respectable technology firm)

    1. Re:this company is stupid by Anonymous Coward · · Score: 0

      This only works if a majority of shares are for sale. If someone were to look into this option, then great, buy SCO and release their IP into the public domain.

      Having a OSS trust fund to this end so comercial technologies can be aquired for public use would not be a bad plan!

  173. Suposedly 3 teams at SCO found the code by xeno-cat · · Score: 2, Informative

    And as McBride recently pointed out they found the code during the 30 day extention IBM filed for. So it clearly does'nt take an army.

    I would bet that IBM has in fact been doing a massive internal audit, both in development process and on the code base. Their decision to go to court is hopefully based on the results.

    IBM has been absolutey quite about this and I think that it's the still before the storm. They are not playing this out in the Media like SCO is. My gut tells me this is because SCO has no case and is trying to slander/pressure/etc IBM ( et. alls ) into a settlement. What they have done is given IBM's legal team additional ammo while IBM has revealed none of it's cards.

    This is going to be one for the history books!

    Kind Regards

    --
    "A few great minds are enough to endow humanity with monstrous power, but a few great hearts are not enough to make us w
    1. Re:Suposedly 3 teams at SCO found the code by Jeff+Breker · · Score: 1

      What I think is going to happen: SCO is going to continue this suit until they have no money left. SCO dies. IBM just keeps on chugging. I don't know and IANAL but it doesn't look like SCO wants this issue resolved they just want to go out with a bang.

    2. Re:Suposedly 3 teams at SCO found the code by Anonymous Coward · · Score: 0

      What they have done is given IBM's legal team additional ammo while IBM has revealed none of it's cards.

      Yeah, talk about ammo - this from the article:

      As we started down this path, even IBM said, 'You can't go down this path of enforcing your rights, because the Linux community is going to have a field day with you guys.' The way they had described it to me is, 'You can't sue us because we don't do distributions. You can't sue developers for the Linux community, because these guys don't have a lot of money and they're going to hate you. Customers aren't going to want to see lawsuits.'

      It wasn't a question of whether we had intellectual-property violations; it was 'What are you going to do about it?'


      Now they're slandering IBM execs publicly!

    3. Re:Suposedly 3 teams at SCO found the code by Bronster · · Score: 1

      And as McBride recently pointed out they found the code during the 30 day extention IBM filed for. So it clearly does'nt take an army.


      Especially if you can just grep the CVS repository for "stole this bit from Linux".

  174. New MS blipvert: by Anonymous Coward · · Score: 0
    Windows Server 2003: The Safe Choice. Sure it may crash all the time and need someone to sit there rebooting it every hour, but at least you won't be sued*!


    (*) Microsoft reserves the right to sue you at some future date if the need arises.

  175. Re:AIX? I thought this was about Linux? by MeanMF · · Score: 1

    So, now SCO demands that IBM stop selling AIX. Buh? By their own logic, shouldn't they demand that IBM (and everyone else, for that matter, but let's start big) stop using the SCO-code-stealing Linux?

    Don't worry, they'll get to that soon enough. The IBM case is much easier to prove though, so they're starting there.

  176. Re:Insanity! More than the Weather Channel! by PeteQC · · Score: 4, Insightful

    The big deal isn't that the Weather Channel is running AIX. Many banks are using AIX as their OS. Because AIX is known to be secure.

    So, SCO is doing something dangerous for their "case". Now, the David-against-Goliath case they think they've got is transforming in a David-against-GoliathS

    I don't understand what they're trying to do. Do they want to run out of business? Or do they are simply stupid?

    --
    Montreal - Best city to live in!
  177. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  178. Mr McBribe may want to protect himself by Camel+Pilot · · Score: 1

    Perhaps McBribe might wish to trade his pinstrip for one of these

    1. Re:Mr McBribe may want to protect himself by Anonymous Coward · · Score: 0
      IBM's next PTF will "fix" SCO & all employees financial problems once and for all! Oops! did they wipe out accounts of SCO employees and their families and their dog's, groomer's girlfriend's... You gotta figure AIX systems probably control 75%+ of the high-level transactions: savings, checking, ATM machines, Stock trading, mortgages, car loans, taxes, etc.


      A mild bit of large scale IBM abuse could also finish off TIA once-and-for-all after the public sees just how far one pissed-off company can go if they abuse the "system"!

  179. i'm Blind! by big_groo · · Score: 1
    Did anyone else read that as 'Deap Throat'?

    I gotta lay off the pr0n...

    Doh!

    1. Re:i'm Blind! by Blue+Stone · · Score: 1
      " Did anyone else read that as 'Deap Throat'?
      I gotta lay off the pr0n...
      "

      Actually I read it as 'Deep Torte.'

      (I gotta lay off the pastries...)

      --
      Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
  180. Hate to say this, but it's true... by illumin8 · · Score: 1

    I'll probably be modded into oblivion for this, let me just preface it with this disclaimer: I hate to say this because I like Linux and want to see it used more often, but...

    This is good news for Sun and sysadmins that work on Sun equipment. If management stops purchasing AIX due to uncertainty over licensing issues, that leaves only HP as a major competitor in the Unix marketspace, and they are quickly descending into Itanic territory after abandoning PA-RISC so will soon be a non-player.

    This could leave Solaris on Sparc as the only viable commercial flavor of Unix out there.

    [dons flame-retardant jacket]

    --
    "When the president does it, that means it's not illegal." - Richard M. Nixon
    1. Re:Hate to say this, but it's true... by Anonymous Coward · · Score: 0

      Until SCO decides to commit hara kiri by taking on Sun simultaneously.

  181. rm -rf / by MenTaLguY · · Score: 1

    I've done it a few times on various unices. Usually the machine just churns for a while, unlinking every file in the system.

    When it's finished, pretty much the only thing left will be active mount points and their parent directories (things may get a little weird with special filesystems like /proc, though, if applicable to the OS in question).

    Any programs already running will continue to work, though they obviously won't be able to open any files they didn't already have open.

    You'll still have a working shell, but no commands other than "cd" and a few other builtins will work. Of course it'll be impossible to shut down cleanly, since all the scripts and utilities necessary to do that will be gone.

    But... other than that it's strangely anticlimactic.

    --

    DNA just wants to be free...
    1. Re:rm -rf / by Anonymous Coward · · Score: 0

      But this is SCO we're talking about. Just like the company, I bet their Unix would go out with a maniacal suicide attack on anything in its neighborhood. Make sure you surround the server with as much detonation proof material you can find and use a remote shell to rm -f. Watch the fireworks, oh and you might want to call the fire department in advance.

    2. Re:rm -rf / by nervous_twitch · · Score: 1
      But... other than that it's strangely anticlimactic.

      Old unices don't die, they just fade away.....

      --
      Trees everywhere, and not a forest in sight.
  182. A no intellect company with IP rights!!!!!!!! by Anonymous Coward · · Score: 0

    It's just too funny

  183. Link by NecroPuppy · · Score: 2, Informative
    --
    I like you, Stuart. You're not like everyone else, here, at Slashdot.
  184. Article Advertisements by fdragon · · Score: 1

    Am I the only one that got the article with advertisements for bankruptcy solutions and alternatives?

    --
    The program isn't debugged until the last user is dead.
    1. Re:Article Advertisements by Anonymous Coward · · Score: 0

      I didn't see that, but I did see a text ad where 3 of 4 cells were advertising SCO products.

  185. Re:Insanity! More than the Weather Service! by PeteQC · · Score: 1

    Sorry, I wrote Weather Channel when I should have worte Weather Service! :S

    --
    Montreal - Best city to live in!
  186. All in all ... by Anonymous Coward · · Score: 1, Insightful

    Why bash SCO? It's a genius move. I guess SCO (and IBM + Linux) never have had this kind of attention before.

    All media attention is positive, no matter if it's good or bad. How many would have talked about SCO these days if it wasn't for this?!?

    I think the legal department of SCO should be given a medal of honor. Slick move. I've never looked at SCO's homesite and considered checking their system, but now ...

  187. Sue SCO by attobyte · · Score: 1

    Could my company sue SCO for making our Hardware usless? Also we just ordered 6 AIX boxes so can I sue them for disrupting business?

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

    Mike

  188. SCO's stock going up? by towatatalko · · Score: 1

    Mainstream investors had not heard about SCO's lawsuit, so they donâ(TM)t even care about SCOX stock. SCOX even though it rose from $1 to $10 in just few months is not a mainstream name on Wall Street, but the fact is that SCOX meteoric rise has something to do with psychology of their shareholders. One would wonder what do they think and imagine about SCOâ(TM)s business prospects?

    Whatâ(TM)s wrong here is that thereâ(TM)s no rationale that would be based in financial fundamentals, earnings, profits, etc. Itâ(TM)s rather irrational mania fueled by news. But irrational mania can move markets and stocks and it does its job as far as SCOâ(TM)s execs are concerned. They fulfilled their purpose to SCOâ(TM)s shareholders. And so SCOâ(TM)s shareholders are confident that their execs will do whatever necessary to keep the stock going up. Remember dot.com mania? Some stocks were over evaluated by hundreds of times yet people kept buying even when there was no profit. But you may also remember what folled. A lot of those stocks are no longer traded or lost up to 90% of their price value from the beginning of 2000.

    --

    IP was invented for the sake of lawsuits.
  189. Headline is erroneous -- article is a troll by Anonymous Coward · · Score: 5, Funny
    SCO does not have the ability to "terminate IBM's Unix license". Therefore, headline should have read, perhaps:
    • SCO Claims to Terminate IBM's Unix License
    • SCO Pretends to Terminate IBM's Unix License
    • SCO Hallucinates Terminating IBM's Unix License
    • Slashdot Troll Wearing SCO Mascot Suit "t3rm1n4t3z" Innocent Plushie Wearing "IBM" T-Shirt
    • State Og Terminates Kitten Named "IBM"
    • Journalists Laugh at Fleischer, Al-Saif, McBride
    • SCO Chief Makes "All Your Base" Joke
    • SCO Chief Barks Like Dog, Humps Furniture
    • SCO Chief Consumes Ordure; Terminates Self
    • SCO Chief Writes Bad Eminem Parody About Self
    • SCO Chief Throws Tantrum, Feces; Makes Noise Like "Warcraft III" Orc Peon
    • IBM Response: "OMG WTF LOL !1!"
  190. IN SOVIET RUSSIA... by raehl · · Score: 0

    IBM terminates SCO.

    1. Re:IN SOVIET RUSSIA... by wcb4 · · Score: 1

      They will here too.... one way or another

      --
      I reject your reality ... and substitute my own.
    2. Re:IN SOVIET RUSSIA... by Anonymous Coward · · Score: 0

      That would explain stuff like DMCA and The War Against Everything Bad(or whatever it's called this week). The US is becoming The USSR.

    3. Re:IN SOVIET RUSSIA... by Anonymous Coward · · Score: 5, Funny

      sco% advent

      Welcome to Adventure!

      > threaten linux_users
      You get a lot of press. A group of angry penguins can be seen gathering torches in the distance.

      > examine penguins
      None of them are actually doing anything much that would interfere with your plan.

      > threaten ibm
      You get a lot more press.

      > threaten ibm_customers
      You get even more press.

      > examine ibm
      Looks like you made a mistake. More lawyers than you can shake a stick at are headed your way.

      > beat ibm lawyers
      That is not an option.

      > kill ibm lawyers
      Come now, don't be ridiculous.

      > xyzzy
      That doesn't work here.

      The IBM lawyers have caught up with you. Your company is bankrupt, and sharks are considering revoking their offers of professional courtesy towards your employees.

      You scored 0 of 357 possible points.
    4. Re:IN SOVIET RUSSIA... by Anonymous Coward · · Score: 0

      > That would explain stuff like DMCA and

      No it wouldn't.
      SCO doesn't have a chance, nor should they.
      If they are struck down by force or reason doesn't matter, because they have neither.

      > The War Against Everything Bad(or whatever it's called this week). The US is becoming The USSR.

      Amen!
      Where bad = anyone who doesn't think like GWB.

      Well, someone has to do it.
      All you have to do is add SR, the infrastructure is already there :-)

      The role of the communist party will be played by corporate pressure groups.
      They have more efficient whips than any communist party ever had.

    5. Re:IN SOVIET RUSSIA... by Anonymous Coward · · Score: 0

      Plugh!!

      Damn I feel old...

  191. There is no Unix. by twitter · · Score: 1
    "Through contributing AIX source code to Linux and using UNIX methods to accelerate and improve Linux as a free operating system, with the resulting destruction of UNIX, IBM has clearly demonstrated its misuse of UNIX source code and has violated the terms of its contract with SCO. SCO has the right to terminate IBM's right to use and distribute AIX. Today AIX is an unauthorized derivative of the UNIX System V operating system source code and its users are, as of this date, using AIX without a valid basis to do so."

    If Unix is destroyed, why is anyone running AIX? How can you terminate by destruction what is already destroyed? Can this be interpreted as BSD is dying? It only makes sense if there is no Unix, which is what I suspected all along. Thank you, SCO, for making this clear to me.

    --

    Friends don't help friends install M$ junk.

  192. Phaeton Sez by Anonymous Coward · · Score: 0

    About freaking time!! I was waiting all day with baited breath to hear the latest SCO news.

    I'm not being facetious either, I'm serious. I've gotten so involved in this now i can't let go.

    WOOOOOOOHHHHH!!!!! Go get 'em IBM!!

  193. ..make Lemonade! by Matey-O · · Score: 1

    I think I see a market opportunity for BeOS!

    --
    "Draco dormiens nunquam titillandus."
  194. too bad they only have rhinestones by Anonymous Coward · · Score: 0

    and only "intellectual" ones

  195. Time for Regime Change... by lamz · · Score: 1

    ...at SCO?

    --

    Mike van Lammeren
    It will challenge your head, your brain, and your mind.

    1. Re:Time for Regime Change... by dacarr · · Score: 1

      There already has been. It's called Microsoft.

      --
      This sig no verb.
  196. SCO, SCO, I wanna be like SCO! by zerofoo · · Score: 1

    I think i'll go to a bar, pick the biggest guy there and punch him in the face. I'll probably have as much success with that, as SCO will have with this lawsuit.

    -ted

  197. Making a link by Dashmon · · Score: 1

    Select 'HTML Formatted' from below the comment-text box, and use the follwing code:

    Your text for the link here

    1. Re:Making a link by Dashmon · · Score: 1

      WTF? It renders it when it's Plain Text too. Sorry, guys. :P Here's the code once more:

      <a href="url">Your text for the link here</a>

      *slaps himself*

  198. Duplicated code found in agpgart.h! by HydraSwitch · · Score: 1

    Here's some duplicated code in agpgart.h:

    #ifndef TRUE
    #define TRUE 1
    #endif

    #ifndef FALSE
    #define FALSE 0
    #endif

    That's 7 lines found so far... :)

    1. Re:Duplicated code found in agpgart.h! by HydraSwitch · · Score: 1

      On second thought - is SCO counting blank lines?

  199. GNU Coding Standards by hak+hak · · Score: 4, Insightful

    In the GNU Coding Standards, there are a couple of paragraphs about the issue of using/referring to Unix code, as well as accepting code from other contributors whose sources (no pun intended) are unclear. The necessity of being extremely careful with these things is now becoming painfully clear...

  200. Buy SCO at inflated price. Not! by just+someone · · Score: 1

    Buy a 5 times the price at the start of the year. Not.

    This is a smart bunch of people who would probably not offer over the exact $$ that MS gave SCO in license fees.

    But since SCO has not filed docs with SEC, it has a nice X after it's name.

    Or maybe they will drop a bid, just to audit the books and drop the bid when the books are not in order.

  201. Re:AIX? I thought this was about Linux? by sporty · · Score: 1

    Typical childhood behavior. You don't let me play, I take my ball and go home. Simple as that.

    --

    -
    ping -f 255.255.255.255 # if only

  202. TV Show anyone by finse · · Score: 1

    I would like to see this all in a reality TV show. What do you think: 'Survivor: UNIX'

    I would watch it.

    --
    Paranoid tinfoil hat crowd say Y here, everyone else say N.
  203. Quick.. buy some stock! by cyphergirl · · Score: 1

    Sh*t! I need to buy a share of SCOX.. put it on the shelf next to my piece of the Berlin Wall. Their headquarters should be turning into a smoking crater any time now.

    --
    --Insert catchy .sig line here--
  204. Government siding with SCO? by LilMikey · · Score: 1

    From the Byte.com article:
    "So are you saying that the U.S. government might file a "Friend of the Court Brief" to support your case against IBM?" I blurted out. "Don't be surprised" was Sontag's answer.

    TIA TERMINAL:
    SELECT Count(*)
    INTO $RESULT
    FROM GOV.WHITEHOUSE, SCO.BOARD
    WHERE GOV.WHITEHOUSE.CABINET.MEMBER = SCO.BOARD.MEMBER
    OR SCO.BOARD.MEMBER.LASTNAME = "CHENEY";

    if $RESULT >= 0 then sidewith(SCO)
    else sidewith(null)

    --
    LilMikey.com... I'll stop doing it when you sto
    1. Re:Government siding with SCO? by ebresie · · Score: 1

      Hmmm...so the solution is to removed the JFS, NUMA, RCU, and SMP support right?

      Aren't some of these, tied to the hardware itself and not specific to the software? To interact with hardware correctly, you have to follow specific procedures (I have to load an instruction to the processor, I have to execute the instruction in the processor, I have to read the output of the processor, etc)..

      --

      Is it possible some of the comments were used as a place older to implement similar functionality? That said, does saying you want to implement a specific type of functionality naturally make you derrived from the original function?

      --

      Eric B
      ebresie@gmail.com
    2. Re:Government siding with SCO? by stwrtpj · · Score: 1
      "So are you saying that the U.S. government might file a "Friend of the Court Brief" to support your case against IBM?" I blurted out. "Don't be surprised" was Sontag's answer.

      In a republican big-business-is-good big-business-is-your-friend bow-to-all-corporations administration? I think not. May be the first time in a long while I'm happy to live under a republican president and congress.

      --
      Karma: Frotzed (mostly due to the Frobozz Magic Karma Company)
    3. Re:Government siding with SCO? by ccp · · Score: 1


      I don't like being the one that tells you, but IBM is a rather BIG business.

      Cheers,

  205. Mod up. Sun claims immunity by Anonymous Coward · · Score: 0

    Sun claims immunity

  206. copyright violation vs breach of contract by nuggz · · Score: 1

    Who wins?

    I think that the penalty for copyright violations SCO over IBM is strong.
    SCO breaking the licensing contract, who knows what the damages could be, probaly just lost future sales, assuming that SCO doesn't have a valid reason to terminate.

  207. Quad Damage? by Sfing_ter · · Score: 1

    Anyone got an ibm lawyer skin for Quake3? I know where all the BFGs and Quads are :)

    --
    A computer once beat me at chess, but it was no match for me at kick boxing. Emo Philips
  208. Well, you have to admit.. by NanoGator · · Score: 1

    ... SCo has a very strong case. You guys need to analyze the facts. You just have to... hey.. wait.. guys... put the pitchforks down. I was just kidding! C'mon! ACCK! *Gurgle*

    --
    "Derp de derp."
  209. Does anyone... by skhisma · · Score: 1

    ... else think SCO is acting like a 3-year-old who didn't get cake at a party?

  210. A Good Thing After All by jasoegaard · · Score: 2, Interesting

    If corporations want to avoid the trouble
    IBM now is facing perhaps they will see
    the advantage of using GPL'ed code. A GPL
    licence can't suddenly be revoked.

    And furthermore (if anyone was in doubt)
    it clearly shows how ridicusly SCO is
    acting for the moment.

    --
    -- A Mathematician is a machine for turning coffee into theorems. - Paul Erdös
  211. To make a Link by big_groo · · Score: 1

    <a href="http://your.web.site/here">DESCRIPTION</a>

    <i>something in italics</i>
    <b>something in bold</b>

    That should get you started. Don't forget to close your tags.

  212. How to screw over microsoft . by JaJ_D · · Score: 1

    Hold to screw MS in 7 easy stages....

    1) Create a, or be an established, pissant little company that cannot survive in the current Marketplace.

    2) Make a massive press release stating MS has stolen some of your code.

    3) Refuse to show said code to anyone without first getting them to sign a gagging order, preferably using their family as collateral.

    4) Get an injunction from a court to make MS destroy all copies of their Windows software anywhere in the world, siting SCO v's IBM as case history

    5) Wait until the trial to have a bit of code that goes:-

    // variable definitions
    int a;
    char *c;


    6) When the court asks why they cannot find the above lines of code in this style in MS's code, claim, with a totally straight face that "well you don't think MS would be stupid enough not to split the lines up"

    7) "Prove" your case and destory MS.

    How stupid does this sound....... Ask SCO!

    Jaj

  213. When does something become public domain by ebresie · · Score: 1
    I'm sure it's not an issue of when something is PUBLIC DOMAIN, but the concept is the same...

    Hypothetically, when something previously kept secret is out in the open and is said to be secret material...how does one revert currently opened secret back to secret?

    It doesn't seem plausible to make something secret again.

    I guess in this case the only thing that can be done is to

    1. accept that the secret is public and sue the day lights out of whom ever made it public (which is SCOs current method)
    2. give the secret to the public, (which SCO is not doing)
    3. identify the openly public secret and have said secret removed (which seems likely in the open source world, once secret is publicly identified)
    4. realize that SCO is the source of releasing the secret

    --

    Eric B
    ebresie@gmail.com
  214. let's hope it bites them on the ass... by kilonad · · Score: 1

    If all copies of AIX actually do end up being destroyed, I hope the executives at SCO have a hard time accessing their bank accounts, since so many financial mainframes run on it. And then say "oops." But seriously, SCO is asking for something that, if granted, would completely destroy the US economy. The ownership and validity of all sorts of IP would go up in the air, and the computers keeping records of everything would vanish overnight. Can we jsut start calling them Al SCOda?

    1. Re:let's hope it bites them on the ass... by lucifuge31337 · · Score: 1

      If all copies of AIX actually do end up being destroyed... since so many financial mainframes run on it

      Ummm. No.

      "So many financial mainframes" run on OS/390.

      AIX on a mainframe is an anomoly. There was (possibly still may be) a distribution for big iron, but very few people want anything to do with it. It was a poor attempt on IBM's part to provide a migration path from traditional AIX boxen to big iron for scalibility and reliability, etc.

      --
      Do not fold, spindle or mutilate.
    2. Re:let's hope it bites them on the ass... by Chanc_Gorkon · · Score: 1

      Some folks call the Regatta a mainframe. When you see it, youc an understand this. There's a TON of hardware in one rack.

      --

      Gorkman

    3. Re:let's hope it bites them on the ass... by lucifuge31337 · · Score: 1

      Some folks call the Regatta a mainframe.

      And some folks call 3.5" floppys "hard disks". Both groups are wrong.

      --
      Do not fold, spindle or mutilate.
  215. Those who are wise, will not follow by mcarland · · Score: 1

    You just have to love press releases. "The SCO(R) Group (SCO) (SCOX) , a leading provider of business software solutions, today announced..." Who is it, exactly, that is following their lead? I know there are a lot of other companies swirling their way down the sides of the toilet, but wasn't aware they were following the lead of SCO. Maybe SCO has a business model patent on this, and can extort licensing fees from other failing software companies. Imagine what that would do to their stock!

  216. SCO's last ditch effort to be acquired by IBM by Kakurenbo+Shogun · · Score: 2, Interesting

    This is nothing more than a last ditch effort by SCO to be acquired by IBM. They know they're slowly rotting and becoming worthless, and their first lawsuit didn't convince IBM to buy them out in order to settle, so they've decided to end everything the quick and easy way.

    If all goes according to plan, IBM will countersue for malicious prosecution, claiming damages equal to SCO's market value, and the courts will award ownership of SCO to IBM.

    Devious!

    --
    Convert RSS to HTML - integrate webfeeds into your website
  217. Irony by insanechemist · · Score: 1
    The SCO Group (SCOX) helps millions of customers in more than 82 countries to grow their businesses everyday.**
    **Except for IBM
  218. I think I speak for all... by Anonymous Coward · · Score: 0

    Dear SCO,
    I fart in your general direction.
    Regards,
    The Slashdot Community

  219. ibm lawyer to sco.... by Anonymous Coward · · Score: 0

    Nice lawsuit... For me to POOP ON!

  220. SCO-Rambus Merger by Ice+Penguino · · Score: 1

    In today's news, SCO has merged with Rambus to form the world largest company that can't make money since they can't do anything right for themselves so they sue other people instead.

  221. SCO on the court day... by cuban321 · · Score: 1

    Clerk: "I'm sorry SCO, but unfortunetly our legal processing system ran on AIX. Seems we can't process your lawsuit since we were shut down".

  222. SCO has to be crazy. by SicariusMan · · Score: 1

    I am sorry, but I just can't imagine how SCO thinks it can win a pissing contest againist IBM. I mean come on, they couldn't outdue RedHat, Mandrake, or the other Linux distro's, but they think they can win againist Big Blue? Anymore US courts comes down to money, PR, and how famous you are/were. Ask any American what SCO is and does, and unless they are a techie, they will stare at you blankly. Ask them who/what IBM is and does, and they will answer anything from they make PCs, to they make cash registers. In the end IBM will win if for nothing more than they are a big, old, well respected company, and an icon of big business in the US.

  223. A BOLD MOVE TO CUT OFF IBM's AIR SUPPLY! by Shuh · · Score: 1

    Does this count as patricide on the part of Microsoft?

  224. A reversal of fate by Ignorant+Aardvark · · Score: 1

    And soon, the headline will be, "IBM Terminates SCO." Payback's a bitch, ain't it?

  225. What If SCO Wins? by Anonymous Coward · · Score: 0

    Does that mean that the copy of eDesktop 2.3 I purchased in 2000 covers me to use SuSE 8.2?

    Save the flames for dinner

  226. Destruct Creation-Schumpter's Creative Destruction by leoaugust · · Score: 1

    So, if it is opposite of Creative Destruction, could it be called Destructive Creation ??

    Actually, now that I have it front of me, Destructive Creation sounds more appropriate. I bet Schumpter would be happy with our reinterpretation. And Boy, wouldn't George Bush be totally in groove with this Destructive Creation thing ...

    Ding, Dong ... Round 4 begins.

    --
    To see a world in a grain of sand, and then to step back and see the beach where the sand lies ...
  227. Food for thought. by geekoid · · Score: 1

    a lot of people are saying that IBM would never allow a liscense that would allow SCO to pull this crap. IBM is the company that allowed B.Gates to keep the rights to DOS. So it is certianly not beyond them to have made a mistake.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    1. Re:Food for thought. by Anonymous Coward · · Score: 0

      The difference is that at the time the 'PC' was just a hobbist machine, with the potential of doing some elementary small office work.

      They were figuring on a few hundred up to a thousand or so machines, tops. This was not their 'core business model' they were just making some fast cash off this 'fad'.

      The real market and money as far as they were concerned was still the powerful (compared to the PC's processor) mainfame computer.

      Of, course history proves that they under-estimated the PC market, but since this was a revolutionary change, they were not alone in this mistake.

      So, considering how 'unimportant and limited' the market looked to them, I expect that their most junior executives and lawyers probably did most of the work on this deal and the big names just showed up to sign off on the cotracts.

      Historically interesting, but not a situation that is likely to repeat itself in this industry.

  228. IBMs official response (press release) by Anonymous Coward · · Score: 0

    IBM press release
    From the outset, IBM's position on this lawsuit has been unequivocal. IBM's Unix license is irrevocable, perpetual and fully paid up. It cannot be terminated. IBM will defend itself vigorously. This matter will be resolved in the normal legal process.
    IBM will continue to ship, support and develop AIX, which represents years of IBM innovation, hundreds of millions of dollars of investment and many patents. As always, IBM will stand behind our products and our customers.

  229. When will it end ? What does it mean ? by CmdrGravy · · Score: 3, Insightful

    Now that Mr Mc Bride appears to be claiming the right to extort licencing fees from anything stemming from System V I think he is doing a very good job of illustrating the daftness of the system which gives this claim any ( remote ) credibility at all.

    How can a company who have themselves had comparitavley no input whatsoever into the development of System V and anything which has come from that claim rights from the millions of people worldwide who have actually created the programs and applications in question ?

    I don't think for a second SCO will get anywhere with these aims either in the US or Worldwide but the fact they even consider they are in with a shot points to the fact that somewhere down the line all common sense has been lost. If one good thing can come from this it's finding out where the current laws diverge from common sense and taking some steps to ensure the work of millions of people and hundreds of corporations can't be held to ransom over similar issues in the future.

  230. Almost 500,000 comments in 2.4.20-something... by Anonymous Coward · · Score: 0

    And about 493,000 comments, assuming I didn't screw up the very quick-and-nasty grep of the kernel source directory from one of my RH installations (kernel 2.4.20-something)

  231. EVIL DARL ICON NEEDED by Anonymous Coward · · Score: 0

    Come on, you've got Gates as a Borg... we need a better icon than that stupid planet.

    Give us a DARL ICON!! Please please please!

  232. ALL IBM is doing is by geekoid · · Score: 3, Funny

    standing in their corner, wathcing with there deadly blue eyes, as SCO prances around like an idiot.
    When the bell rings, IBM will calmly walk to the center of the ring, and rip SCOs spine out.

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    1. Re:ALL IBM is doing is by Lord_Dweomer · · Score: 1
      " standing in their corner, wathcing with there deadly blue eyes, as SCO prances around like an idiot. When the bell rings, IBM will calmly walk to the center of the ring, and rip SCOs spine out. "

      Anybody else get goosebumps (the good kind) from reading about all these dramatizations of the legal battle to come? Seriously....someone should do a Flash dramatization.

      --
      Buy Steampunk Clothing Online!
    2. Re:ALL IBM is doing is by Anonymous Coward · · Score: 0

      When the bell rings, IBM will calmly walk to the center of the ring, and rip SCOs spine out.

      Sub-Zero Wins

      Fatality!

    3. Re:ALL IBM is doing is by barryk · · Score: 1

      FATALITY!

  233. Is UNIX a virus too? by pH7.0 · · Score: 0

    We all know GPL is a virus, but is UNIX a virus too?
    If that is the case, SCO might have a point...

  234. That's nothing by XSforMe · · Score: 1

    -0.28 is nothing, SCOX stock was plumbing down like a free falling anvil just a couple of hours before they announced their lawsuit. It was either follow on their sharade or face a major stock value colapse. Interestingly enough, IBM's value remained rock solid.

    Given that Mcbride owns a fair chunk of actions, you can expect the little weasel to see this through as long as he still owns any actions in SCO. Expect to see him keep slowly "diversifying" his stock portafolio throughout the sharade.

    --
    My other OS is the MCP!
  235. Injunction won't happen... by sterno · · Score: 1

    SCO would have to prove that they are likely to win on the merits of the case and that the burden of harm is on them if the injunction isn't passed. Neither one of these holds true.

    The first one, because even if they do have a case, it's such a technological morass that to prove it for an injunction will be impossible.

    The second one for the fact that IBM's sales of AIX do not impact SCO's sales of their own software. It's not like AIX can run on Intel or vice versa, so there's no damage there.

    --
    This sig has been temporarily disconnected or is no longer in service
  236. IBM's Opening Volley by Anonymous Coward · · Score: 0

    Dear Mr. McBride

    I part of IBM's legal dept, and am writing to inform you that SCO is in violation of our patents 1 through 47,000 inclusive.

    Patent number one: Encoding letters and numbers as binary code.

    Patent number two: Displaying computational output to a screen.

    Patent number three: Machine code to allow the use of a typewriter-like keyboard as an input device.

    (Etc.)

    In closing, Mr. McBride, clearing this matter up will be very simple, unless you and the other members of SCO's board have already mortaged your immortal souls with one of our competitors.

    Lou Cypher, IBM Legal Dept.

    P.S., Does your company own any punch-card equipment?

  237. Expect Counter-Suits by Anonymous Coward · · Score: 0

    Now that actual "action" has been done to IBM, I'm sure they're going to start firing off their own countersuits. The fun is just beginning!! I'm going to pull up a lounge-chair, drink a few beers, sit back and watch them fight this one out. This really is the Jerry Springer of software--I love it.

    And while I'm not a big fan of huge corporations, I still hope that SCO gets knocked out hard, early, and with extreme embarassment. Rotten bastards.

  238. In other news, IBM stock closes up. by Milo77 · · Score: 1

    In other news, IBM stock closes up.

  239. Re:Can you tell who represnts SCO in this allegory by Anonymous Coward · · Score: 0

    Tough one to call, it's either the corpse or the excrement.

  240. The deal by GPTurismo · · Score: 2, Interesting

    IBM is simply waiting it out. SCO can't take away their right to the "code in question" due to: A) SCO has to prove that IBM gave the code to linux. For all we know linux STOLE the code. B) IBM has held their ground on that the license can't be refuted, which means it probably can't. If it could I think IBM would be doing other tactics right now. C) IBM is merely making press releases, will send a few lawyers to court, and then cause more damage to SCO by refuting their claims. D) They will probably counter sue for breaching their contract, and possibly aim for free use of the code etc. SCO is really looking for a buy out, or renegotiation for their CODE. They think they're MS or something and can pull licenses when they want to.

  241. Fraid not by xant · · Score: 1

    Civics 101. The burden of proof is on IBM, as this is a civil and not a criminal case. However, the burden itself is lighter; they only have to convince more than half of the jury that they're right.

    *signs up for jury duty*

    Let me practice. "No, I don't use computers for anything. I have no opinions about software licenses whatsoever. Slashdot? Never heard of it. Yes, I'm free on the 17th."

    --
    It's rare that you're presented with a knob whose only two positions are Make History and Flee Your Glorious Destiny.
  242. SCO Minister of Information by MadCow-ard · · Score: 1

    "God will roast their stomachs in hell at the hands of SCO"

  243. It's a good thing by revividus · · Score: 1
    I read /.; why, I have an IBM rackmount server in my shopping cart right now with AIX on it that they're going to charge me $5400 for, not to mention a year of AIX support. And to think they don't even have a license for the support they want to sell me!

    Good thing I haven't bought it yet.

  244. non-event, scox is doomed by walterbyrd · · Score: 1

    1) The only people in this world who consider IBM's UNIX licence revoked are the people at scox. IBM doesn't think so, IBM costomers don't think so, and - most importantly - the courts don't think so. This is just another SCO PR stunt.

    2) SCOX has never made a profit. SCOX has been losing money and market share from day one. Now, SCOX's situation is *much* worse. Nobody can ever trust SCOX again ever. SCOX has nothing to sell that anybody wants. Most importantly, it is entirely obvious that there will be no quick settlement. This lawsuit will drag on for years, SCOX will bankrupt before the lawsuit is settled.

  245. IBM are associated with terrorists? We're doomed! by Anonymous Coward · · Score: 0
    From the link you posted:
    I listened to how IBM has bypassed U.S. export controls with Linux. How "Syria and Libya and North Korea" are all building supercomputers with Linux and inexpensive Intel hardware, in violation of U.S. export control laws. These laws would normally restrict export of technologies such as JFS, NUMA, RCU, and SMPâ"and, (I was waiting for this) "encryption technologies." "We know that is occurring in Syria," I heard, even though my mind was fogging over at this point.
    We all know that all you have to do is to say the other guy is a terrorist and you win. We have the proof, IBM is the bad guy.

    Let's all pay the SCO tax to prevent the evil terrorists from getting the encryption technologies (which can be downloaded from anywhere on the net, but I suppose Mr. Sontag hasn't heard about that yet, hard to hear anything when your head is buried so deep up your arse).

  246. I need a correction by bigjnsa500 · · Score: 1

    I was under the impression that AIX was completely rewritten from scratch. If this is so, WTF does SCO have to do with revoking IBM's license?

    --
    This is a test. This is a test of the emergency sig system. This has been only a test.
  247. "posts of the day" by MenTaLguY · · Score: 1

    What, like AlterSlash?

    (your parent post was in the top 5 for this article for quite a while, too)

    --

    DNA just wants to be free...
  248. SCO Board of Directors by Rob+Riggs · · Score: 1
    Aside from Darl, here is a list of the current directors of SCO Group. Note the control that the Canopy Group has over this company, along with the former head of the BSA (Business Software Alliance, not Boy Scouts of America).

    From SCO's Proxy Statement filing:

    Ralph J. Yarro III has served as a member of the Company's Board of Directors since August 1998. Mr. Yarro has served as the President and Chief Executive Officer of The Canopy Group, Inc. since April 1995. Prior to joining The Canopy Group, Inc., he served as a graphic artist for the Noorda Family Trust. Mr. Yarro holds a BA from Brigham Young University.

    Edward E. Iacobucci has served as a member of the Company's Board of Directors since January 2000. In 1989, Mr. Iacobucci co-founded Citrix Systems, Inc., a supplier of products and technologies that enable enterprise-wide deployment of software applications, and held the positions of Chief Technical Officer and Vice President of Strategy and Technology. In September 1991, he also became Chairman of the Board of Citrix. Mr. Iacobucci holds a BS from the Georgia Institute of Technology.

    Darcy Mott has served as a member of the Company's Board of Directors since March of 2002. Mr. Mott has served as Vice President, Treasurer and Chief Financial Officer of The Canopy Group, Inc., a technology investment company, since May 1999. Prior to joining Canopy, Mr. Mott served as Vice President and Treasurer of Novell, Inc., from December 1995 to September 1998 and prior to that position, Mr. Mott served in various other financial management positions for Novell since September 1986. Mr. Mott worked for Arthur Andersen & Company from 1977 to 1986. Mr. Mott is a certified public accountant and holds a B.S. degree in Accounting from Brigham Young University.

    Thomas P. Raimondi, Jr. has served as a member of the Company's Board of Directors since September 1999. He has been with MTI Technology Corporation since 1987, serving as President and Chief Executive Officer since December 1999, as Chief Operating Officer from April 1998 to December 1999, as Senior Vice President and General Manager from January 1996 to April 1998 and as Vice President of Marketing from 1991 to 1996. Mr. Raimondi holds a bachelor of science degree in communications from the University of Maryland.

    Steve Cakebread has served as a member of the Company's Board of Directors since July 2000. He has served as Senior Vice President and Chief Financial Officer of SalesForce.com since June 2002 and prior to that was Chief Financial Officer of Autodesk, Inc. from 1997 to June 2002. Prior to joining Autodesk, he was Vice President of Finance with Silicon Graphics, Inc., a provider of computing and visualization solutions, from 1993 to 1997. Mr. Cakebread holds a BS from the University of California at Berkeley and an MBA from Indiana University.

    R. Duff Thompson has served as a member of the Company's Board of Directors since May 2001. Mr. Thompson was appointed as a director of Tarantella in December 1995. Mr. Thompson has served as Managing General Partner of EsNet, Ltd., an investment group that is active in both technology and real estate ventures from 1996 to the present. From June 1994 to January 1996, he served as Senior Vice President of the Corporate Development Group of Novell, Inc. Prior to that time, he served as Executive Vice President and General Counsel for WordPerfect Corporation, and before joining WordPerfect Corporation in 1986, he was a partner with the Salt Lake City law firm of Callister, Duncan & Nebeker. Mr. Thompson is a former Chairman of the Board of the Business Software Alliance, a software industry association dealing with software industry issues. He also serves on the board of Syzygy AG, and serves on the board of O2 Exchange, Inc., a private company.

    --
    the growth in cynicism and rebellion has not been without cause
    1. Re:SCO Board of Directors by pohl · · Score: 1

      I wonder if these folks would be interested in any of the exciting marketing opportunities that Alan Ralsky received.

      --

      The "cue the foo posts in 3, 2, 1..." posts will commence with no subsequent foo posts in 3, 2, 1...

  249. whole article wrapped up by DaLiNKz · · Score: 1

    SCO seems to be constantly attacking everyone, makes me think a 12 yr old kid on a power trip is running it.. You know that "haha you suck i rule I have no friends because they all suck!" type kids? well if you think about it.. SCO pisses off the whole linux community, now pissing off IBM.. that kid is also usually the one who gets its ass kicked.. go IBM.

    --
    I've left to find myself. If you happen to see me, please, keep me there until I return.
  250. two words by pair-a-noyd · · Score: 0, Redundant

    Fuck SCO..

    I used to be anti IBM because I used to work for them and I sort of got to hating them for being the big, soul-less behemoth that they were/are.
    The blue suit/worker bee/drone mentality was too uptight for me. After having caught my tie in a big lineprinter once I refused to wear one any more and we butted heads. I really got to hate them.

    But now, I find myself favoring Big Blue once again, I guess old wounds do heal to some degree.
    SCO is such a bunch of puss sack ass-weeds that their depravity far exceeds IBM's bullshit...

    I'm pulling for IBM. I hope that SATAN eats the souls of everyone at SCO for dinner tonight. With Tabasco sauce....

  251. Short sell SCOX if you're so sure they'll lose! by Anonymous Coward · · Score: 0
    SCO management is engaged in a "pump & dump" stock scheme. Nothing more, nothing less.

    If you really believe this, you and anyone else who does should be short selling SCOX stock right now. SCO's stock was worth $2 a share three months ago. If you're right, and SCO Group is full of crap, you stand to make an 80% profit or more when the stock price, currently at $11 a share, plunges back to or below those levels.

    If SCO's executives are pumping and dumping, you might as well carry some of their shit to the pot for them and rake in some money.

    Keep in mind, investors are betting on SCO winning, which is why SCOX stock has gone up 550% in the last three months. Think they're wrong? Throw some money at the problem.

  252. David Boies..... by tenchiken · · Score: 1

    David Boies (of Bush v. Gore, Microsoft, and Tobacco fame) appears to be the main Legal Guy Here. David Boeis first represented IBM when they did a few rounds in Antitrust w/ the US Gov. After that he worked for the Prosecution in US v. Microsoft. After that he left for greener pastures but was then called back for Bush v. Gore. David Boies is also currently representing Court TV. Boies apparently is generating some attention because he signed off on a internal audit of Tyco which is at the center of a $600 million dollar fraud investigation.

    This guy has links to the Democratic Party up the wazoo and a huge history of epic battles. Just assuming that IBM will crush them is a bad bad idea.

  253. and I wonder... by Anonymous Coward · · Score: 0

    ...how hard it would be for them to bring it back, and whether or not there's been some secret continual work/updates/refinements on it? A complany as big as IBM, maybe they've kept a few guys working on it all this time, just like the rumor mill has it that apple has continually kept an x86 port going.

    hey rumors are fun! spread it around "IBM is bringing back OS/2! It runs at ludicrous speed! It not only has SMP, it clusters SMPs! It's so bad, they had to give it a scarier name than Apples big kittys! OS/2, codenamed KING..BLUE..KONG!"

    spread it around.....

  254. What OS does SCO choose themselves?? :) by Anonymous Coward · · Score: 3, Informative

    ..guess everybody have seen this already; but anyways;

    http://uptime.netcraft.com/up/graph/?host=sco.co m :)

  255. MOD PARENT UP!!!!! by Anonymous Coward · · Score: 0

    ROFL!!!

  256. Re:Insanity! - no airplanes! by Anonymous Coward · · Score: 0

    Better than that ... most flights in the US depend (at some point) on AIX machines for the controllers to see where the planes are. Remember the economic impact of grounding US flights for a few days two years ago?

    No, AIX is integrated enough into the United States' infrastructure and the post-9/11 anti-terrorism laws weird enough that SCO might find itself afoul of some of those newfangled anti-terrorist laws if it actually stated a threat to make all currently-licensed AIX installations be turned off unless their monetary demands are met...

  257. Linux switch at IBM customer sites begins by linuxislandsucks · · Score: 1

    So how doe sforcing IAX cusotmers an emergency switch to Linux which IBM prepared for.. benefit SCO Group?

    No sales = no money = no profit :)

    --
    Don't Tread on OpenSource
  258. You are on the way to destruction by Associate · · Score: 1

    Take off every 'SCO'
    For great justice

    --
    Someone hates these cans.
  259. Tomorrow on Slashdot: by Picass0 · · Score: 5, Funny

    IBM Sues SCO
    Posted by CmdrTaco on Monday June 17, @08:30AM
    from the lets-get-ready-to-rumble dept.

    AT&T Sues SCO
    Posted by CmdrTaco on Monday June 17, @08:31AM
    from the it's-an-ambush! dept.

    FSF Sues SCO
    Posted by CmdrTaco on Monday June 17, @08:32AM
    from the wouldn't-be-a-party-without-us dept.

    Apple Sues SCO
    Posted by CmdrTaco on Monday June 17, @08:33AM
    from the just-like-an-*ssrape dept.

    Novell Sues SCO
    Posted by CmdrTaco on Monday June 17, @08:34AM
    from the opps-they-aint-lying dept.

    Linus Torvalds Sues SCO
    Posted by CmdrTaco on Monday June 17, @08:35AM
    from the ELVIS-HAS-ENTERED-THE-BUILDING dept.

    1. Re:Tomorrow on Slashdot: by DrNibbler · · Score: 3, Funny

      You forgot RMS Sues SCO
      Posted by CmdrTaco on Monday June 17, @08:36AM
      from the you-should-have-said-GNU/LINUX-in-you-briefs dept.

      --
      Sean.OutaHere()
    2. Re:Tomorrow on Slashdot: by Goalie_Ca · · Score: 1

      SCO Sues Its Lawyers
      Posted by CmdrTaco on Monday June 17, @08:36AM
      from the they-said-we-could-win dept.

      --

      ----
      Go canucks, habs, and sens!
    3. Re:Tomorrow on Slashdot: by TC+(WC) · · Score: 1

      I believe they're basing their claims on the Linux kernel, as a result, RMS would support leaving off the GNU

    4. Re:Tomorrow on Slashdot: by Alsee · · Score: 1

      SCO Sues SCO
      Posted by CmdrTaco on Monday June 17, @08:37AM
      from the filled-in-the-wrong-name-on-the-paperwork dept.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  260. Why dont we just tell SCO how pissed off we are by falcon5768 · · Score: 1

    We all apparently feel the same way, that both SCO are damaging our favorite OS as well as blackmailing just about anyone using AIX out there. Why dont we make our voices heard and all email them. OK yeah sure the courts slapping them on their ass and saying "bad SCO," will be a much harder blow to them and satisfy us greatly, and the likelyhood is no one will care over there if we email them and tell them how dissapointed we are, but at least they are getting 1000 + emails telling them we find them irrelivent and a nusence.

    --

    "Slashdot, where telling the truth is overrated but lying is insightful."

  261. Redundant by El · · Score: 2, Funny

    So now SCO is saying "All your [code] base are belong to us!"

    --

    "Freedom means freedom for everybody" -- Dick Cheney

  262. Oh dear god not again by Azureflare · · Score: 1
    So when is the justice system going to do it's job and smack down SCO so hard they can't get up? I'm getting tired of these empty threats, it's definitely becoming like the Iraqi Information Minister. When can we get back to reality? This detour into SCO's fantasyland is irking me to no end.

    I'm curious, because it seems to me that this kind of major statement would upset a lot of people if it were true. If it is false (Which is very likely) it could force the ill-informed to really trash perfectly valid products based upon the false words of SCO. Aren't there laws against this kind of thing?

  263. Shock and Awe in Lindon, UT by Colonel+Panic · · Score: 2, Funny

    Wolf Blitzed: "This is Wolf Blitzed reporting from a Motel 6 on the outskirts of Lindon, Utah. We've been awaiting IBM's 'shock & awe' campaign against SCO for several days and now it appears to have begun. We've witnessed several cruising lawyers land near the SCO headquarters. Thousands of para-lawyers are now filling the air and landing near and surrounding SCO headquarters. The sound of paper shuffling is now almost deafening in this small Utah town. The insane dictator, Darl McBride has not been seen in the last few days and rumor has it that he is hiding in the vast bunkers under SCO headquarters. Even so, he has continuted to issue bizarre press releases claiming to not only own the rights to Unix now, but also Mac OSX, PacMan, Donkey Kong and all dirivitives of those works. BZZT...SSSHH..."
    CON News Anchor: "Wolf! Are you still there?..." silence "Blitzed! Are you all right?... Well ladies and gentlemen, we appear to have lost contact with our correspondent in Lindon, Wolf Blitzed."
    Wolf Blitzed: "I'm OK. Repeat, I am OK. The IBM lawers are now so thick in this area that they're blocking our transmissions. One of them just came through my room and threatened to sue me until I managed to convince him that I was a member of the press - he thought I was a hiding SCO officer. I am going to have to sign off now so I can get to a more secure area... This is Wolf Blitzed CON News, Lindon, Utah...."
    CON News Anchor"Ok, Wolf. Keep your head down, and whatever happens, don't sign any NDAs."

    1. Re:Shock and Awe in Lindon, UT by Anonymous Coward · · Score: 0

      Bravo, very amusing.

  264. Only when... by siskbc · · Score: 1

    ...playing Civilization. Bastards. I don't care if you have 20 phalanxes of infantry, they aren't beating my fucking tank! Fucking Sid Meier.

    --

    -Looking for a job as a materials chemist or multivariat

    1. Re:Only when... by Anonymous Coward · · Score: 0

      Two words: satchel charge

      Haven't played Civilization, but:

      Musketeers have gunpowder. Gunpowder makes bombs (e.g. satchel charges), which can be used to knock off a track, jam a turret, etc.

      Of course, assuming the terrain and the tank's antipersonnel measures let you get close enough.

    2. Re:Only when... by Anonymous Coward · · Score: 0

      Holy crap, dude. Nothing is worse than a pudgy 30 year old albino that hasn't seen the sun for a month because of his 'super hot' civilization game. Crawl up out of your mother's basement every once in a while and try to interact with some girls. It might do you some good.

    3. Re:Only when... by Anonymous Coward · · Score: 0
      Holy crap, dude. Nothing is worse than a pudgy 30 year old albino that hasn't seen the sun for a month because of his 'super hot' civilization game. Crawl up out of your mother's basement every once in a while and try to interact with some girls. It might do you some good.

      I run 4 miles a day. Want to come along sometime? Thought not.

    4. Re:Only when... by Hard_Code · · Score: 1

      but... but... they're veteran see? TAKE THAT TANK *clink* *plink*

      --

      It's 10 PM. Do you know if you're un-American?
    5. Re:Only when... by Anonymous Coward · · Score: 0

      4 miles? And you're proud of that? I run 4 miles on days I don't want to break a sweat.

  265. Occam's Razor by Rocketboy · · Score: 2, Interesting

    IANAL but I don't see this thing ever getting to trial. Whether SCO has a basis or not, between SCO's agreements with IBM and Novell, IBM's license agreements with their AIX customers, SCO's agreements with Microsoft, and BSD's agreements with whomever, SCO doesn't have the money to even participate in the discovery phase of a trial (where logically all these agreements would be sorted out, along with where each alleged incident of copying came from and who "owns" them.) It will take years, involve dozens to hundreds of expert witnesses and lawyers, and cost millions. SCO doesn't have that kind of money, particularly to throw away on something so speculative as a court fight against IBM. Therefore, they don't intend to.

    The question is then, why start a legal challenge you don't intend on following through with? What does SCO stand to gain by initiating a court suit they don't intend to try?

    SCO is making a lot of noise. Maybe they want to be bought out and this was all they could think of to get themeselves noticed. If so it was stupid: nobody buys toxic waste.

    Maybe they're being paid to cause a short storm. Heh. Conspiracy theorists can line up to the left...

    Maybe they're bored. Heck, it isn't like they have a business plan otherwise.

    Maybe they're on drugs. *Shrug* From where I'm sitting it's as good a theory as any... :)

  266. Downfall of IBM? by CausticWindow · · Score: 1

    It might not be so obvious, but what if Bill G. himself is pulling some strings behind the curtain?

    MS has had it in for IBM since the beginning, and now they want to finnish them off. Doing it by a proxy only makes sense. Look at all the bad publicity SCO is getting. That Linux is innocently (or maybe not so) caught in the crossfire, must be like xmas, birthday and channuka all at once for the MS executives.

    --
    How small a thought it takes to fill a whole life
  267. Mod parent up by BigBadBri · · Score: 1
    Damn - a direct link to SCO's comment page, and it submits it for you!

    That's even funnier than the parent.

    Thanks, AC.

    --
    oh brave new world, that has such people in it!
  268. Offending program source code by AaronW · · Score: 1

    Here's the likely entire program where the code is identical between SCO and Linux:

    /* /bin/true
    *This program always returns with an exit code of zero
    */

    int main(int argc, char *argv[])
    {
    return 0;
    }

    --
    This post is encrypted twice with ROT-13. Documenting or attempting to crack this encryption is illegal.
    1. Re:Offending program source code by countach · · Score: 1

      Actually, a zero length file is a valid shell script that returns true - 0. Therefore, I reckon the program in question is a zero length file.

    2. Re:Offending program source code by mithras+the+prophet · · Score: 1
      on my OS X machine:
      [mithras@localhost: mithras] ls -l /usr/bin/true
      -r-xr-xr-x 1 root wheel 9572 Dec 28 06:31 /usr/bin/true
      and this is the source code for the Darwin true:
      #include <stdlib.h>
      int main () { exit(0); }
      So it looks like Apple may be in violation as well...
      --
      four nine eighteen twenty-7 thirty-nine forty-7 fiftyeight sixty-nine seventy-9 eighty-8 one-hundred-and-nine one-twenty
  269. Meanwhile, SCO still lists IBM as a partner! by vfxpro · · Score: 1
    --
    Steal this sig.
    1. Re:Meanwhile, SCO still lists IBM as a partner! by Frobnicator · · Score: 1

      Like Sony Music briefly filing suit against Sony MP3 Players, it must be a case of one hand not knowing what the other is doing.

      --
      //TODO: Think of witty sig statement
  270. And then release it under... by Anonymous Coward · · Score: 0

    Not that it would be of any use, but still.

  271. Worry Free Software by AKnightCowboy · · Score: 1

    Probably the same guy who did the graphic on their home page that says "Relax: Worry Free Software". They're missing the hyphen in Worry-free... or are they? Subtle?

    1. Re:Worry Free Software by Anonymous Coward · · Score: 0

      They are? Sco.com currently *has* that hyphen in "worry-free" now... Did they change it? Are they reading slashdot? conspiracy?

    2. Re:Worry Free Software by srn_test · · Score: 1

      It's not there when I look at it. Maybe I've got a cached version...

    3. Re:Worry Free Software by AKnightCowboy · · Score: 1

      Weird, maybe it's because I don't have flash installed. Here it is: http://www.sco.com/images/flash/alt.jpg. With my luck they'll change it. ;-)

  272. Where are the T-Shirts? by Eric+Damron · · Score: 1

    The ones that say: I work for SCO because I are smart.

    --
    The race isn't always to the swift... but that's the way to bet!
  273. Re:Insanity! - Solaris stable? by Anonymous Coward · · Score: 0

    "good stability" is a relative term. Try creating a distributed system with "seven nines" of reliability using Solaris ... whoops, nasty stuff like the lack of deterministic path lengths for in/out-bound IP traffic (Solaris 9 fixed this for one of the directions but it's still unconstrained in the other) pops up to bite ya.

    "Stable" takes on a whole new meaning when you're only allowed to go down 1 minute every 24 years.

  274. That darned Preview button. by Anonymous Coward · · Score: 0

    You know, Taco could FORCE you to preview if you make any changes at all. But that would take away the fun of egregious grammatical and spelling errors, not to mention the more subtle use of two tags, where the second one is supposed to be a </b>

  275. Thanks by GerardM · · Score: 1

    I have been wondering for a long time what IANAL means. Thanks. IANAA (I am not an American..) so I do not have this obsession with lawyers.

    1. Re:Thanks by dangermouse · · Score: 1

      It means "I am talking out of my ass". I've never understood the strange abbreviation-- maybe "IANAL" is from the Latin?

    2. Re:Thanks by damien_kane · · Score: 1

      No; IANAL means you are an ass... not just talking out of one...
      Must be why so many Americans (a.k.a French^H^H^H^H^HFreedom Haters) use the acronym so incessantly.

      And no, I'm not French, I'm Canadian
      We choose not to play your silly little games either, we're just not so vocal about it...

    3. Re:Thanks by Anonymous Coward · · Score: 0
      I have been wondering for a long time what IANAL means.

      IANAL is also what a Vietnamese prostitute says after being rebuffed 3-4 times.

    4. Re:Thanks by Anonymous Coward · · Score: 0

      or anything else at all for that matter.

      Canada is our attic & don't you forget it.

    5. Re:Thanks by Anonymous Coward · · Score: 0

      IANAL means: I ate nothing at lunch. Move along, nothing further to see here.

  276. Pump and Dump by cyberformer · · Score: 2, Informative

    According to Harry Newton, many brokers are calling up rich people, trying to persuade them to buy SCO stock. Classic pump and dump behaviour.

  277. Permanent Injuction by Anonymous Coward · · Score: 0
    What's interesting is that they are seeking a permanent injunction. Such an animal is generally part of the "punishment" phase.
    Which pretty much undermines their theory that they can retroactively revoke the sub-license that AIX users have. If they really had any legal leg to stand on there, then there is no reason whatsoever for a judge to grant a TRO - what is the harm of allowing IBM to continue to sell AIX for a few months if they can then declare those computers illegal after the fact?
  278. RMS on the whole mess? by bayofpigs · · Score: 1

    Where does RMS speak of SCO -- link please? I went to his homepage and saw that he wants to find a girlfriend at 50, that's what'll happen to all you ./ppl if you keep following this case till you're that age... :))) I was in a room in MoSCOw 10 years ago when he brought GNU to Russia to save the tapes in case US drowns in legalese like this... But looking for SCO on his page brings up Berlusconi (Darlusconi?), San Francisco (san SCO? san Cisco?), a Scottish lawyer (warmer, warmer!)... but no real SCO?

    --
    Should computers be able to parse the phrase "police police police police"?
  279. Dignity by Julian+Morrison · · Score: 1

    I suspect IBM have come to the conclusion that the only thing they could actually lose in this case is their dignity - which is no small thing, to a business which trades on its reputation.

    I think they have no intention whatsoever of "annihilating" SCO. They'll just take the minimal calm lawyerly action necessary, and go on with business as usual. Their plan is probably to get a "case dismissed" or a retraction and climbdown, and let the matter rest.

  280. Copyright control? by jwilcox154 · · Score: 1

    I think SCO is trying to claim complete copywright control over all Unices as being derivatives from the original AT&T System V code.

    This is beginning to sound more and more like a Micro$oft sponsored attack against any operating system that is even remotly posix compliant. If that is true, then that will completely ruin Linux, BSD, OSX, and even other Unices.

    Once that happens, Micro$oft Windoze will have no Competition whatsoever.

  281. Unix shall be free by UtSupra · · Score: 1

    After the dust settles in this suit and the one Apple vs. The Open Group (where Apple is claiming Unix has become a generic term), Unis shall be free...
    And then a thousand flowers shall bloom!

  282. Next Day??? by donutz · · Score: 2, Funny


    1) print out the Unixware license document onto soft paper
    2) eat taco bell
    3) next day, wipe ass with license document
    4) mail to SCO
    5) profit!


    You wait till the next day? You must be eating gourmet taco bell or something.

  283. tell SCO what YOU think! by Mark19960 · · Score: 2, Interesting

    leave them feedback here: SCO Feedback!
    tell them what you think of their attempt at extortion.

  284. I agree, I'll wipe AIX of my PowerPC by anonymous+cupboard · · Score: 1
    and install Linux as we are stuck on 4.2 and can't even go to 4.3 let alone 5. I really would like to make the move but we don't have time to port the code.

    Anyway, the license is irrevocable and transferable under German law (even without IBM's standard third-party IP claims protection clause) and we can continue running 4.2 forever.

  285. We are in control by Anonymous Coward · · Score: 1, Funny

    OHIO, June 16 (Reuters) - SCO Group (Nasdaq:SCOX) today rebutted the response of International Business Machines Corp. (NYSE:IBM - News) to its earlier injunction against the continued use of its AIX software, a version of Unix. SCO CEO Darl C McBride was quoted today as saying "There are no lawyers in IBM! Do not believe them!". Asked if he thought IBM would defeat them in court, he continued, "Let them come. They are most welcome. We will welcome them with bullets and shoes. We will destroy all AIX installations, most of them!". IBM was not available for comment.

  286. Silly move. by hkmwbz · · Score: 1
    Purdy-boy McBride has overdone it now. There used to be a slim chance of IBM buying up SCO, just like SCO wants, but now IBM will just refuse to buy SCO out of sheer spite...

    Oh SCO, SCO
    you are going the way of the poo poo
    Down the loo loo

    --
    Clever signature text goes here.
  287. SGI is lost?! by G3ckoG33k · · Score: 3, Informative

    Here is an article claiming:

    "Specifically, Sontag believes the "SCO technologies" which were misappropriated into AIX, IRIX, and the derivative UNIX-alikes (including Linux) are:

    JFS (Journalling File System).
    NUMA (Non Uniform Memory Access), a SGI/Stanford collaboration.
    RCU (Read-Copy-Update).
    SMP (Symmetrical Multi-Processing)."

    and

    "But SCO has been even more thorough. After sifting through e-mails from the Linux developers' mailing list, Sontag says SCO has examples of programmers from AT&T licensees offering to write UNIX code into Linux, and can identify where those UNIX fragments turned up in the codebase."

    and

    "Admittedly, I can't tell you what I saw, but I did form the opinion that it was not in the kernel proper. In all probability, the code is more important to Silicon Graphics' Altix servers than to average x86 Linux users."

    and

    "...IBM has bypassed U.S. export controls with Linux. How "Syria and Libya and North Korea" are all building supercomputers with Linux and inexpensive Intel hardware, in violation of U.S. export control laws."

    Strong claims, but there will probably be a fistful more dirt flying around.

    1. Re:SGI is lost?! by G3ckoG33k · · Score: 1

      HERE is the article.. Sorry. And, in plain text: http://www.byte.com/documents/s=8276/byt1055784622 054/0616_marshall.html

  288. Repeat a lie often enough and it becomes the truth by Marconi · · Score: 1

    Dr Joe Goebells should be required reading for the new millenium

  289. This is SCO sophisticated by tuxathon · · Score: 1

    If I have to read one more SCO pun, I will stab my eyes out with a pen (don't worry about the pen - it's a Bic).

  290. Why would they take on IBM? by Catnapster · · Score: 1

    Maybe SCO is trying to commit seppuku.

    --
    The world can be wrong today for once.
  291. Theyre a commin by Loosewire · · Score: 1

    Fires up another cafepress account....

    --
    Slashdot - The one stop shop for procrastination
  292. Humph by Anonymous Coward · · Score: 0

    This is lunacy. Has SCO considered that, rather than people bowing to this insanity, they all might just get together and drag L4/Hurd into the current century? That's so different there couldn't be any issues. I can't see any resolution in this that results in SCO benefiting.

  293. The Day SunOS Died by Anonymous Coward · · Score: 0

    by N.R. "Norm" Lunde, with apologies to Don McLean

    "Bye, bye, SunOS 4.1.3!
    ATT System V has replaced BSD.
    You can cling to the standards of the industry
    But only if you pay the right fee --
    Only if you pay the right fee..."

    http://www.stokely.com/lighter.side/day.sunos.di ed .html

  294. IBM Press Release by bstadil · · Score: 2
    IBM issues a press release on the SCO matter a few minutes ago. Press Release

    Quote:

    June 16, 2003, Armonk, NY.... Since filing a lawsuit against IBM, SCO has made public statements and accusations about IBM's Unix license and about Linux in an apparent attempt to create fear uncertainty and doubt among IBM's customers and the open source community. IBM's Unix license is irrevocable, perpetual and fully paid up. It cannot be terminated. This matter will eventually be resolved in the normal legal process. IBM will continue to ship, support and develop AIX which represents years of IBM innovation, hundreds of millions of dollars of investment and many patents. As always, IBM will stand behind our products and our customers. # # # Trink Guarino Director, IBM Media Relations

    --
    Help fight continental drift.
    1. Re:IBM Press Release by mj01nir · · Score: 1

      IBM will continue to ship, support and develop AIX which represents years of IBM innovation, hundreds of millions of dollars of investment and many patents. (emphesis mine)

      I think this is the first official statement from IBM that somewhat confirms what many here have been saying all along. IBM could blow SCO out of the water with their patent portfolio alone.

      G'night SCO! See ya in hell!

      --
      the no .sig .sig
  295. Time to slurp up the ebay licenses ;) by teambpsi · · Score: 1

    for those of us like to own contraband ;)

    http://cgi.ebay.com/ws/eBayISAPI.dll?ViewItem&it em =3030676875&category=11228

    --

    Old age and treachery almost always overcome youth and skill.
  296. Warning! Warning! by Anonymous Coward · · Score: 0

    "Proof" by example!! Warning!

    Did you learn nothing in math?

  297. who is the biggest IT patent god father by Anonymous Coward · · Score: 0
    of the industry? IBM. What are the chances that IBM holds several thousand patents which SCO and System V infringes on? What's the likelihood IBM will counter sue thier ass to the tune of 1 billion+ dollars? Does McDork really think he has the balls to stand up to an army of lawyers?

    If I was a wrestler (which I'm not), I would say let the whup ass begin. A suplex on McDork would be a sweet move to watch.

  298. Mechanical Breakdown by AZPhysics · · Score: 1

    Looks like your tanks don't have 24/7 "five nines" reliability. Shouldn't have had MS be your "tank software" subcontractor. It probably crashed and locked your crew in the tank, ala the BMW about a month ago. ;-)

    Yeah, it pisses me off when it happens to me as well.

    1. Re:Mechanical Breakdown by deaddrunk · · Score: 1

      Microsoft, tanks for the agile warmonger.

      --
      Does a Christian soccer team even need a goalkeeper?
  299. SCO's Claim is Different by Gerry+Gleason · · Score: 1
    This points out why SCO's claims are so strained. Obviously, AIX forks from Unix back in the AT&T days (85 sounds about right). All of SCO's claims make reference to a more recent contract between IBM and SCO relating to developing technology that may or may not be in AIX still, but definitely isn't in Linux (well, extremely unlikely in any case). It makes you even wonder why IBM would have needed the later contract, since they would have already had the irrevokable rights to all of AIX, and it is doubtful that SCO had anything they couldn't easily create themselves.

    It is beyond imagination that IBM would have signed a contract that openned them up to any of this. The only possible conclusion is that SCO is nuts.

    1. Re:SCO's Claim is Different by Anonymous Coward · · Score: 0

      I'm getting the distinct impression that SCO is also forging documents.

    2. Re:SCO's Claim is Different by Anonymous Coward · · Score: 2, Interesting

      Odd how they suddenly happened to come up with a document that happened to give them the copyrights, that they just happened to have at the bottom of a file cabinet, that just happened to be the only copy since Novel just happened not to have one. I don't think we've seen the end of this.

    3. Re:SCO's Claim is Different by the+shoez · · Score: 2, Interesting

      Maybe I'm just sadly naive, but a company launching a $1bn, attention seeking law suite/campaign against an enormous, multinational company such as IBM, forging documents really isn't a route one would follow. Just think, with all these new "tough" laws GW is enacting in regards to America's business accountability; the recent downfall of the beleaguered accountancy firm, Andersen, for document interference, and all the remaining prime examples of business corruption, there is simply no room for anything of this sort. If they were found to be forging documents, you can bet your life the US government would come down hard, because it's a simple and relatively clean endeavour to garner market, and public confidence. Also, if the law firm, on instructions from their client presented forged documents in court, you could see another corporate giant topple.

      Is it really an option ? I do profess to having no faith in the US system(s), but still... Coincidently, should I seek help ?

      shoez

      --
      &lawyers($instruction);
    4. Re:SCO's Claim is Different by Jaysyn · · Score: 1

      In other words, Martha is probably going to Club Fed, what do you think they'd do to SCO?

      Jaysyn

      --
      There is a war going on for your mind.
  300. I just want to point this out... by DragonMagic · · Score: 1

    This appeared on that press release page linked in the story at the top:

    Article for Sco Group Inc (NASDAQ SC:SCOX) 3:11 PM

    most recent headlines

    Sponsored Matches (What are Sponsor Matches?)
    Bankruptcy Solutions - Savings to 70% on Credit Card Debt Call Toll Free: 866-729-6625

    Bankruptcy Alternative - Get Help Now with Credit Card Debt Call Toll Free: 877-232-0688

    Bankruptcy - Refinance with Ameriquest Mortgage. Bad Credit OK.

    Nice targeting ads. I'm sure SCO will need to use one of those in the coming months.

    --

    Human nature is the same everywhere; the modes only are different. -- Earl of Chesterfield
  301. What's the saying... by azzy · · Score: 1

    No one ever got fired for buying IBM?

    Hmm.. all AIX licenses revoked... lots of people getting fired for choosing IBM ... hmm

  302. Does being big and ubiquitous make it ok? by Anonymous Coward · · Score: 0
    First off, I think that there are serious drug problems at SCO.

    But many here make the argument that IBM is so big, and AIX is so prevelant, that no judge in their right mind would issue an injunction against them.

    So If MS ripped off huge portions of Linux or OSX or PalmOS or PlayStation2, that would be ok? After all, MS is huge, and Windows is used by virtually every company in the modern world. So any finding against MS would cripple global business and bring the world to a screeching halt. Therefore any judge in their right mind would reject this course?

    Sounds like being big and popular gives you a license to steal anything you want.

    And finally, SCO really is on drugs. The case should be thrown out. But not because IBM is big, or because "the whole world depends on AIX."

  303. Possible good outcomes. by Frobnicator · · Score: 4, Interesting
    This has the potential to be a good thing for everybody.

    We need to find the actual injunction (I haven't found it yet) and actually read the thing, and as such this is purely speculative, but it opens up a nice posibility.

    In the long run, the judge *must* find for or against the complaint, dismiss the complaint, or remand it to a higher court. It appears (although nobody seems to have the actual complaint) that the complaint is two parts. The first is that they used the code in Linux, and the second is that they are now distributing AIX without a licence to SCO's code. That second point is the one they would file the injunction on.

    This boils down to a simple complaint: "We terminated their license, so they must stop using our property." If that were the entire complaint in the injunction, the judge would have to agree since the Supreme Court has upheld that rights of property owners is one of the key elements of freedom. Not being able to use your property is the loss of freedom.

    That complaint is so fundamental that he could not simply dismiss the complaint. He therefore must rule on it, or the law, or remand it up the chain of command.

    The judge could rule that SCO is correct, meaning that:

    1. Property rights were not permanently transferred, nor need they be transfered with an IP license, therefore...
    2. IBM must pay SCO forever or until it changes its code because...
    3. The US Government, military, and big business currently depend so much on AIX and...
    4. Forcing all government and business entities to stop using AIX would endanger lives and the economy.
    5. And if the Government couldn't get newer AIX versions, billions or even trillions must be urgently spent on computer equipment and programming...
    6. Meaning that the penalty is an indirect, but severe, penalty against the Government, military, and the economy generally.
    7. In addition, since some have claimed that nearly all other OS's may be at risk, it presents a huge danger for basically everyone (except Sun, and perhaps Microsoft who just got a licence... Hmmm...)

    By ruling FOR SCO, the judge would not only put a penalty on IBM, but on everyone who uses it. While the simple case (no pay, no play) is reasonable, IBM's lawyers could easily argue that the damage to society and possible lives lost would outweigh SCO's property rights.

    Ruling FOR SCO would set a precedent that Microsoft and others could quickly follow -- Revoke the licenses to each version of Office even faster, or include in new online music services a quickly expiring license. When the song goes popular, the license expires, and you must pay the new, higher rate. It would be extortion, except the SCO case would make it legal.

    Conversely, he could be ruling that you *CAN* continue to use IP after terminating your license. This would have profound effects (I like some of them), including...

    1. Property rights are transferred forever when licenced, therefore...
    2. Sales contracts of software and IP are binding and perpetual, therefore...
    3. Companies cannot ever revoke rights to licenced IP, therefore...
    4. Resold licences allow the seller to keep the licenses, and ...
    5. Since there is no minimum cost to resell or transfer IP rights...
    6. Huge holes would be introduced in IP law. Would that mean that we can all buy and burn the latest software / music / movies at no cost from our friends?

    That can't happen either. The sectors of our economy dealing with IP would be blown away, and that would also have so profound negative effects that the judge could not rule that way.

    So either way the judge rules in the end, he cannot justify the expense to society of ruling for or against them. A judge at the state level sould not put the entire nation's economy into such a state. That would mean he should remand the case to a higher level. The district cour

    --
    //TODO: Think of witty sig statement
    1. Re:Possible good outcomes. by Anonymous Coward · · Score: 0

      You are assuming that the licences can be revoked by SCO in the first place. In all likelihood they can't, so most of the weird problems you mention are moot.

    2. Re:Possible good outcomes. by Alsee · · Score: 1

      that ownership of property is an imperative aspect of freedom. If you cannot enjoy your property, you have no freedom.

      Aside from what is probably not an accurate analysis of the case, I think the main problem is that you bought into the fiction that copy rights (two words) are the same as property rights. Copyrights are valid, but the rights of copy have nothing to do with the rights of property.

      Copyrights and property rights cover entire different realms. One covers information, the other covers physical objects. Information and objects have completely different properties and they are covered by entirely different sets of laws. And those laws operate in entirely different ways.

      A desicion against SCO wouldn't mean "Huge holes would be introduced in IP law" because compared to property law copyright law already has "huge holes". US copyright law consists of exactly six rights, but it really amounts to just three different rights, the right to make copies, the right to distribute, and the right to public performance. Much of the rest of copyright law deals with punching holes into those rights and placing all sorts of limitations on those rights. And those rights expire. Property rights are far vaster than copyrights, property rights aren't loaded with limitations and exceptions, and the don't expire.

      There is a big corporate push to "fix" the "holes" in copyright by calling it property and trying to get property law to apply. They've damn near "fixed the problem" of copyright expiring, even though the constitution itself says they may only last for "limited times". They are saying it is illegal to receive/download copyrighted material but that is a flat out lie. It it only prohibited to distribute it. It is illegal to receive stolen goods, but it is perfectly legal to receive and to use copyrighted material.

      Copyrights are not "an imperative aspect of freedom". They are an artificial creation with a purpose. They exist to give people a motivation to create and to share that creation, and for that creation to eventually fall into the public doman for the public benefit. That is a good purpose, and that makes copyright a good thing. But never confuse copyrights with property rights. The constitution says copyright is a limited monopoly. It is a strictly limited artificial creation with a purpose.

      You list 6 "problems" if the suit goes against SCO, but those problems aren't really problems when you pay attention to the difference between copyrights and property rights:

      (1) Property rights are transferred forever when licenced

      There's no such thing as licening property rights. There are only three copy rights available for someone to licence to you. The right to make copies, the right to distribute copies, and the right to public performance.

      When you buy a copy you can keep it and use it forever. The only thing SCO may terminate is IBM's right to make and distribute more copies. I guess SCO might be able to terminate IBM's right to publicly preform the work, but I didn't exactly expect to be seeing this work on broadway anyway.

      (2) Sales contracts of software and IP are binding and perpetual

      Sales of individual copies are 'binding and perpetual'.

      (3) Companies cannot ever revoke rights to licenced IP

      There's no such thing as revoking a licence on an existing copy. There is no such thing as a licence to "use".

      The question is whether IBM is licenced to make and distribute new copies.

      (4) Resold licences allow the seller to keep the licenses

      You are confusing buying a copy with buying a licence to make and distribute copies. You bought a copy of the software. IBM bought a licence to make more copies.

      (5) Since there is no minimum cost to resell

      US copyright law says you are free to

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  304. What could they do yet? by coyote-san · · Score: 1

    SCO is running off at the mouth, but until it actually starts saying things before a court there's not much IBM can do.

    Except take notes. Which statements are slander or libel? Interference with trade? Etc. IBM will also be doing extensive research to see which statements are clearly false, which are debatable, and which may have a grain of truth (even if grossly distorted).

    But some day the other foot will fall. SCO will sue IBM and IBM will hit them with a countersuit. Or SCO will announce a buyer, and IBM will hit both companies with its own suit. The damages will be some comfortable multiple of SCO's entire market capitalization. If there is any justice in the world, the SCO executives will be named personally, so they won't get multimillion dollar payoffs as the SCO stockholders lose their entire investment.

    P.S., anyone who makes "David & Goliath" comparisons is an idiot. David was fighting a righteous battle and had God on his side, SCO is just an arrogant but clueless small company that failed to compete successfully in the marketplace and is now trying to extort some money from companies that did. It deserves to be squashed.

    --
    For every complex problem there is an answer that is clear, simple, and wrong. -- H L Mencken
    1. Re:What could they do yet? by guybarr · · Score: 1

      P.S., anyone who makes "David & Goliath" comparisons is an idiot. David was fighting a righteous battle and had God on his side,

      Well, he was also quite a smart guy; used a long-range weapon against a sword ...

      --
      Working for necessity's mother.
  305. Re:Warning! Warning! by Anonymous Coward · · Score: 2, Funny

    1. a_0 <=> true
    2. a_n => a_n+1
    3.???
    4. SCO is stupid!

  306. Interesting Byte Magazine article by SeismoBob · · Score: 1

    Looks like SCO is not only looking at Linux. They want to own your computer. Take a look at http://www.byte.com/documents/s=8276/byt1055784622 054/0616_marshall.html

  307. I think I finally figured out SCO's strategy by getnuked · · Score: 2, Interesting
    ... and basis for their claim against IBM.

    First, I am not a lawyer, so I am probably wrong about this.

    Check out this quote from this CNET article, from SCO's CEO McBride:

    'The System 5 source code, that is really the area that gives us incredible rights, because it includes the control rights on the derivative works that branch off from that trunk.'

    Based on this, I believe SCO is not necessarily claiming that IBM copied code from Sys V, they are claiming that IBM copied code from AIX into Linux, and further they are claiming the rights to the 'derivative' (AIX)! More importantly, the code SCO is claiming was copied may not have been in Sys V at all, it could have been added to AIX solely by IBM. If SCO's claim that they own the rights to derivative works, then any change, including additional functions or even new files or API would be owned by SCO, even if IBM added the code themselves.

    IBM better check their licensing agreement, if they don't own all of the rights to the derivative (AIX) then SCO may be justified. I can't believe anyone, especially IBM would ever sign an agreement that would not give them 100% of the rights to a derivative work.

  308. Re:AIX? I thought this was about Linux? by Frobnicator · · Score: 1
    Therefore, SCO can rescind IBM's Unix license,and thus IBM can no longer sell AIX.
    Almost, but not quite. IBM let the license lapse when the complaints about Linux first showed up. SCO gave IBM 100 days to renew the license or stop selling and supporting AIX. That 100 days expired last Friday.
    --
    //TODO: Think of witty sig statement
  309. SCO, IBM, and Marth Stewart? by pagley · · Score: 1

    Now, you might wonder just what in the hell this has to do with Marth Stewart? Read on.

    First, some facts:

    1) IBM at some point was given (through licensing) a copy of the source code licensed from SCO (an obvious "duh", since that's what this fracus is about).

    2) SCO has not been remotely shy about telling the world about supposed massive IP violations and misappropriations. In the process, they've seemingly threatened everyone in the *NIX world, down to Linus Torvalds himself, with the possibility of a lawsuit.

    3) The source code to all releases of Linux and *BSD kernels (and pretty much anything generally associated with either) is widely available on a per release basis.

    4) SCO's stock price has climbed from about $2 to over $10 a share as of close today - a FIVE FOLD increase in stock value since announcing their legal rampage.

    Now a couple questions:

    1) It would seem to me that the first thing IBM would do is a line by line comparison against the licensed SCO source code and any other code they could get their hands on to compare it against, correct?

    2) SCO's threats and allegations has definitely caused some hesitation in the free *NIX marketplaces, less in some instances than others. I would assume that VAR's and integrators would be the most likely to see the financial ramifications of this. So, have customers called you and asked "Are we at risk by using Linux/BSD?" Any quantifiable damage in terms of lost sales?

    3) Should SCO's claims prove to be unfounded or otherwise unable to be substantiated (or funnier yet - them crying wolf over code *they* borrowed from whatever source), can they then be litigated into oblivion by IBM?

    4) And for those who wondered just what this has to do with Martha Stewart, I read a tidbit on Yahoo several days ago about a twist with her case in that (and I quote) "Martha Stewart is accused of deliberately trying to inflate the stock of her own company â" simply by declaring her innocence." And further "There's kind of a natural tendency when you're confronted with something to deny it. Now they're charging it as market manipulation." (Source -http://story.news.yahoo.com/news?tmpl=story&u=/ap /20030606/ap_en_tv/martha_stewart_162)

    It's obvious that SCO's legal moves of late has greatly bolstered it's stock price. Should this prove to be nothing more than a ploy to be bought out (or to inflate stock price), can they not also be held accountable for doing so? In the case of Martha Stewart, they are holding her *personally* responsible for "stockholder damage", could the same possibility be in store for the execs at SCO?

    That's all for now :)

    Brad

  310. Re:IBM are associated with terrorists? We're doome by TheRaven64 · · Score: 1
    which can be downloaded from anywhere on the net, but I suppose Mr. Sontag hasn't heard about that yet, hard to hear anything when your head is buried so deep up your arse

    Yes, but when he does, he will discover that SCO owns the 'net, since it's all derived from UNIX...

    --
    I am TheRaven on Soylent News
  311. SCO plays terrorism card by commodoresloat · · Score: 1
    From the above byte.com article:

    I listened to how IBM has bypassed U.S. export controls with Linux. How "Syria and Libya and North Korea" are all building supercomputers with Linux and inexpensive Intel hardware, in violation of U.S. export control laws. These laws would normally restrict export of technologies such as JFS, NUMA, RCU, and SMPâ"and, (I was waiting for this) "encryption technologies." "We know that is occurring in Syria," I heard, even though my mind was fogging over at this point.

    "So are you saying that the U.S. government might file a "Friend of the Court Brief" to support your case against IBM?" I blurted out. "Don't be surprised" was Sontag's answer.

    Are they insane? From the looks of this, they're expecting to play the terrorism card to get Ashcroft on their side against IBM. I'm sure Big Blue is connected enough in Washington to make sure this ridiculous move dies the horrible death it deserves. But the very idea that this guy thinks this argument is credible enough to be believed by anyone reading Byte is disconcerting, to say the least.
  312. More proof! by getnuked · · Score: 1

    ... on this can be found in a Byte.com article containing an interview with Chris Sontag, SCO's Senior Vice President.

  313. Easy joke. by Captain+Nitpick · · Score: 2, Funny
    are any of these guys Scientologists?
    Pretty sure they're a pack of mormons actually.

    You've got an extra letter in there.

    --
    But then again, I could be wrong.
  314. Calling IBM by Anonymous Coward · · Score: 1, Informative

    Before you talk to IBM you need to enter the four digit machine type...

  315. Please don't kill me, I had to... by Nucleon500 · · Score: 1

    All your AIX are belong to us!

  316. Riiight, but not likely by muyuubyou · · Score: 1
    9: ??? 10: IBM will buy SCO at an inflated price just to shut them up 11: PROFIT!!!! for SCO lawyers and executives


    I wonder how many others would sue IBM based on absurd claims if they settled a precedent like this.
    I foresee results similar to those of Searchking.

    Bezos with his stupid IP policy turned the scene into hell.
  317. Remember Token Ring? by Peter+Simpson · · Score: 1

    Back in the early 80s, IBM was selling Token Ring. Surely, you remember Token Ring? (even after years of trying to forget it?)

    Well, anyway, along comes a guy named Olaf Soderblom, who works for an IP law firm in Sweden (?), and says he has a patent on token passing rings. Well, not him, but his patent holding company, which bought it from someone who claims to have invented the technology. They're clearly trying to make some money off a technology whose time has come.

    IBM up and buys the first $1M license and continues selling Token Ring. Point here is, that, when IBM lawyers look at something, they make a decision: license or fight. They can go either way, and, in this case, they chose to fight. Interesting that Microsoft has made the opposite choice.

    This will be an interesting trial.

  318. IBM DID Support the Nazis by Anonymous Coward · · Score: 0

    Check out the full story

  319. Pay or fight by Geekbot · · Score: 2, Insightful

    While I'm sure IBM has enough money to pay someone to fuck everyone at SCO in the ass, I hope they decide to fight. It's probably even a better deal for them to give in to 100 scammers demands. But all the same, I'd like to see a company with the resources to do something about this step up to the plate and swing the bat instead of taking the hit for a walk to first.

    I guess I can see SCO's strategy in making IBM's customers and shareholders worried. But I don't see it as a solid plan. They are pissing off some big players saying they wont have source code and assumably SCO would try bullying those customers to pay SCO for a license. I would love to see IBM see this through. I think their stockholders believe IBM will not cave as their stock is not doing well. Pouring a bunch of corporate resources into this, alienating nix customers, and creating a terrible public image cannot be good for a company and if I was a stock holder I would be pissed.

    If IBM sees this through it should scare stockholders enough that companies will think twice about this sue to riches type business plan.

  320. The solution is obvious by TomDLux · · Score: 1

    SCO is worth less than $150 million. Lawyer fees reach that amount, how fast? Buy UNIX from SCO, make a present of Unix to Linus. End of problem.

  321. That could be very bad... by Ungrounded+Lightning · · Score: 1

    I mean, come on, SCO! [IBM is] going to sue you into bankruptcy, and then buy the rights to your code from your liquidators at a dirt cheap price.

    If SCO folds before the case is settled and your scenario takes place, that could be very bad.

    Imagine IBM and Microsoft in a sealed-bid auction for SCO's claimed rights to Unix and its derivatives.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    1. Re:That could be very bad... by Alsee · · Score: 1

      Imagine IBM and Microsoft in a sealed-bid auction for SCO's claimed rights to Unix and its derivatives.

      I'm picturing the scene unsealing the bids:
      Microsoft bids $2.25 billion! HA! Beat THAT suckers!
      IBM bids $1.98. Aw shucks, you win. Suckers!

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
  322. how to make a link by Anonymous Coward · · Score: 0

    You just copy your link, type [place descriptive text here]
    (Don't forget to place quotes around your link and close with </a> after the descriptor.)

    Here's an example link to google:
    <a href="http://www.google.com">link to google</a>
    in HTML it is an underscored "link to google".

  323. proof that there is no Unix by twitter · · Score: 1

    Unix is a marketing term that means nothing to computers. They can only sense on and off. They can not tell one peice of code from another and ignore the distictions men draw between them. They continue to funciton when judges order them to halt or outlaws pieces of their instruction set. To them, all code is one and Unix is a silly dream some men once had.

    --

    Friends don't help friends install M$ junk.

  324. Let's get to the facts by Darth+RadaR · · Score: 1

    Note: I posted this on newsforge, but felt that it had to be posted here as well just in case anyone didn't RTFA.

    <snip>
    As a SysAdmin of many unices, let's face it:SCO UnixWare just sucks! It's the most retarded unix that I've ever encountered. If anything, someone needs to look at some of the stuff that *SCO* has stolen. I had to support a badge swiper server that was running SCO 2.1.3 and needed to get the MAC address so that telecomms could add it to the access control list on the Cisco boxen. Believe it or not, but this version of SCO was too retarded to have 'ifconfig' pull up the MAC address (though it did have it on 'dmesg'). Now, with SCO Unixware 7, their 'ifconfig' has the ability to pull up the MAC address of an ethernet device. Hmmmmm... Wonder where they got /that/ from? Maybe the BSD/Linux/GNU world should have a look and see what SCO has stolen from them?

    This whole mess is going on because clued people are starting to realize that SCO is the short bus of the Unix world in x86-land and that there now exists better and less expensive alternatives to Unixware. SCO is getting desperate, so it's sending in landsharks^Wlawyers instead of spending it on R&D. OTOH, maybe this is another example of how opensource software will, in most cases, be more technically superior than the old model.
    </snip>

    --
    /*drunk.. fix later*/
    1. Re:Let's get to the facts by Anonymous Coward · · Score: 0

      You have to path it out, there, Chester.

  325. I wish I had licensed a copy of AIX by Tsu+Dho+Nimh · · Score: 2, Funny
    If only so I could tell SCO to get lost.

    Announcing that they are voiding licenses that were bought in good faith, bought at a time when SCO and IBM were partners, boggles the mind.

  326. Please don't scoff... serious question. by Anonymous Coward · · Score: 0

    Where i work we are very seriously working towards ridding our machine room of SCO forever.

    In my 18 years as sysadmin of various types of systems, I've seen exactly one SCO box in any place I've worked (it was OpenServer). It was relatively easy to port the application - written inhouse - to Linux and be done with SCO. What other applications really run on SCO besides custom apps? I guess I can remember a time when CAD/CAM apps were popular on SCO's platform, but I can't really think of anything else off the top of my head. Yet I continually see postings here on slashdot like yours - ÂWe're trying to get rid of SCOÂ.
    Please, no flames. It's an honest question.
  327. Re:Insanity! More than the Weather Channel! by Anonymous Coward · · Score: 0

    Note that:

    1) The National Weather Service (NWS) is *not* the same as The Weather Channel, and

    2) The Weather Channel does *not* run AIX.

    (TWC, like everyone else, *does* use the NWS weather models.)

  328. SCCS? Try their own programming language! by moogla · · Score: 1

    Windows and a few other scary apps ain't written in C or C++.

    It's some kinda internal monstrosity that from what I heard, bears a passing resemblance to C#. Coincidence? I think not.

    --
    Black holes are where the Matrix raised SIGFPE
    1. Re:SCCS? Try their own programming language! by IWannaBeAnAC · · Score: 1
      Huh? Perhaps some recent parts of windows are written in C#, but do you really think they ported N-million lines of C, C++, (and a handful of Prolog I believe) to C# ? That would be an absolutely collossal effort!

      Does C# even have the capability for writing an operating system (I'm thinking VM management, drivers etc) ?

    2. Re:SCCS? Try their own programming language! by Thuktun · · Score: 1

      Perhaps some recent parts of windows are written in C#, but do you really think they ported N-million lines of C, C++, (and a handful of Prolog I believe) to C# ?

      Prolog? Why in Hades would Microsoft implement part of Windows in Prolog?

    3. Re:SCCS? Try their own programming language! by IWannaBeAnAC · · Score: 1

      I remember an article from a while back in, I think Dr Dobbs (I'm not sure though, it might have been some other mag), were some part of NT to do with, IIRC, controlling or selecting device drivers. The executable part contained a small prolog interpreter followed by the program. I'll dig out the article later if I have time, but I'm sure I have the gist of it right.

  329. dude you're so fucking lying by moogla · · Score: 1

    Otherwise you wouldn't be posting AC.
    Or maybe that actually explains it. Hmmmm.

    Anyway, IBM is you, SCO is your bitch, and the parents downstairs is my, because you have my good graces and I will continue watching Law and Order (ie compiling Linux kernel)

    --
    Black holes are where the Matrix raised SIGFPE
  330. OT: Gourmet Taco Bell by moogla · · Score: 1

    Believe or not, since Taco Bell is a franchise, the individual store managers are not required to get their food from whomever Pepsi-Cola dictates (it probably varies from region to region anyway).

    I've been to a particular Taco Bell that makes all of their food out in the open, and from what I can tell, it's all fresh. IE you see them press the tortillas from dough, cook the ground beef in pans, cut tomatos (but the lettuce is pre-shredded in bags, i think)

    It's the best mexican in a 5 mile radius. Same price as others, same cups and wrappers, but the food is 10 times better than the Taco Bell express on my campus.

    --
    Black holes are where the Matrix raised SIGFPE
  331. Further in the news: SCO threatens MS for Windows by Anonymous Coward · · Score: 0

    Microsoft share fell abruptly today after
    CEO of SCO said: "Our experts have determined
    that parts of the MS Windows code are identical
    to our proprietary UNIX code. We therefore
    contacted Microsoft and demanded royalties
    from each copy of MS Windows - both sold an pirated. If Microsoft does not comply - we
    will have to revoke their Windows license."

    Further in the news: SCO experts found similarities between SCO Unix V code and
    the formula for Viagra. Market reacted
    with panical sell-out of all pharmaceutical
    companies....

    From sources we can not disclose: Vatican
    is worried about SCO analyzing The Bible ...

  332. I'm a Judge in California... by Crazy+Eight · · Score: 1

    and I think you're being touchy.

  333. Also on AIX by MosesJones · · Score: 1


    The UK's Air Traffic Control Centre at Swanwick also runs on AIX.... there are also military systems in the UK and the US based on AIX. So lets put it this way :

    On the one side we have major goverment organisations (some armed), commercial organisations (some huge) & IBM who have put "hundreds of millions" into AIX.

    These organisations have lawyers and contracts up to the hilt, they review every major procurement decision and check the licenses. Not only are SCO saying that IBM are wrong they are saying that each of these companies can't read a license agreement either.

    SCO are extremely burnt toast on this one.

    --
    An Eye for an Eye will make the whole world blind - Gandhi
  334. Think Custer... by MosesJones · · Score: 1


    "Look the Indians are running away... let chase the Indians"

    "Ha ha we will be victorious and defeat Sitting Bull"

    "Where the F**K did they all come from".

    SCO have run over the first hill and found nobody there, they are now running into the dead-end canyon.

    Or there is the other reason, the IBM Lawyers are laughing so much then can only string a paragraph together at the moment.

    --
    An Eye for an Eye will make the whole world blind - Gandhi
  335. Mortal Combat? by hache_the_boss · · Score: 1

    Did SCO create Mortal Kombat??

  336. A different point-of-view by Anonymous Coward · · Score: 0

    I am an avid supporter of the GPL, open-source, and Linux. My hope (and belief) is that this issue will dissolve quietly and have little effect long-term.

    But one thing I've noticed has been how quick the penquinistas have been to come forward and pounce SCO for their assertions.

    What if these code violations truly DID occur? What would your positions be then? Or has the collective 'frustration' towards other monopolistic software companies created the belief in the Linux community that we can do whatever we want to better OUR cause?

    It sounds to me as though SCO has simply been awaiting some sort of official response from IBM, and given the fact that Big Blue has more-or-less ignored their allegations, they do seem justified in yanking their license.

    Just my $.02

  337. SCO vs. The world et al by theolein · · Score: 1

    In this comedy that SCO is putting out (I am amazed that anyone takes them seriously), the only thing that I am still waiting for is for SCO to sue the Catholic church (and perhaps a few other religions) for misusing SCO's inalienable right to the SOURCE OF LIFE.

    The farce, as it stands today, seems to be that SCO is indeed intending to try and poker with every single OS out there today. AIX, Linux, *BSD, OSX and even Microsoft. I'll give McBride one thing, and one thing only: Guts. He has a lot of that to be able to do what he is doing. He is doing a David vs. Goliath even though the end result is almost certainly going to be the death of SCO and multiple private lawsuits against McBride for endangering people's livelyhoods. In fact the reason that there haven't been more countersuits as of yet only shows how few people take SCO seriously. The fact that SCO's stock has gone up shows mainly how little stock traders know about the whole affair.

    This is definitely better than TV.

  338. Secret partnership to destroy MS *snickers* by RalphTWaP · · Score: 1

    The answer's obvious. SCO & IBM realized that eventually the "licensed but not owned" model will kill open source, and leave only a few ugly redmondites scrambling around on the dead shells of what could have been the best software to grace the planet. They got pissed.

    what better way out than to invalidate the whole concept of "licensed but not owned" property in a huge legal farce. IBM devastates SCO, the supreme court eventually invalidates the concept of licensed but not owned property, IBM buys SCO in a show of reciprocal niceness, and they start making serious money selling "software that you'll own" under the GPL 3.Next.

    Oh, and somewhere in the underhells of RedMSond, a demon dies a painful death. Heh.

  339. Crisis = Danger + Opportunity by ave19 · · Score: 1

    Here's what I see happening...

    The next time a big company wants to buy software from someone, they're not going to sit back and take that license agreement offered by, say M$.

    They'll ask for a "full and un-revocable" right to whatever they buy, on the grounds they need to protect themselves from SCO like actions.

    These crazy-ass licenses put out by M$ and others like them might just end up being victims of their own draconian terms.

    IBM is going to make a PILE of money selling open source based stuff. Right in the middle of their pitch, they'll ask the customer if they are ready to be sued by the software companies selling the competing systems. The competitor will say they're not going to do that. IBM will tell the customer to get that in writing, and hand a copy of the GPL to the customer, saying "Something like this."

    Oh boy, this is going to be good!

    --
    ...or maybe not.
  340. Furthur related news! by Anonymous Coward · · Score: 0

    On a side note:

    The BBC has just reported that IBM's License to Kill has been declared as irrevocable by Her Majesty's Secret Service.

  341. Still more insanity! by CaptainTylor · · Score: 1

    Yeah, not to mention the other 130-odd AIX clusters in the top 500 supercomputer systems in the world., some of which perform classified nuclear-explosion simulations and other fun things.

    Not to mention also that JP Morgan Chase, Citigroup, Discover Card, and (IIRC) Bank of America all use AIX extensively for all sorts of financial applications.

    Not to mention also that Nortel Networks uses Motorola FX fault-tolerant systems running AIX (licensed in turn from IBM) for their adjunct processors that collect information about phone calls...so a good portion of those telcos and large companies/ISPs who have a Nortel switch probably have at least one critical AIX system connected to it...

    Talk about collapsing economy, try collapsing national infrastructure. Welcome to the slippery slope of professional risk management.

  342. Re:AIX? I thought this was about Linux? by MrResistor · · Score: 1

    Actually AIX has been involved from the beginning. AIX is a real Unix, so it contains some original AT&T code which SCO now claims it has the rights to. SCO's original complaint, which spawned this whole mess, was that IBM copied code from AIX to Linux. Since doing that would be a violation of IBM's Unix license, SCO is trying to terminate it.

    An interesting point, though, is that SCO is seeking a permenant injunction, which has to go through trial and will likely take years to have any actual effect. They are not seeking a preliminary injunction, which some say indicates that they don't feel nearly as confident in their position as they're trying to look. If they got a preliminary injunction they would have to pay damages if they were proven wrong.

    Basically, they just announced that they're going to crash the moon into the earth. We'll just have to see how that works out for them...

    --
    Under capitalism man exploits man. Under communism it's the other way around.
  343. No. by pr0ntab · · Score: 1

    The parent implies that the source was not in C/C++ to begin with. I imagine it is in a language that looks like C/C++ but bears more than a passing resemblance to C# (derived from a common source ^_^???)

    I too have heard of this mystical language. Having heard it's nature described, it reminds me of the pseudo-object oriented C invented by Wolfram and company for maintaining Mathematica.

    Microsoft is certainly big enough to justify using a proprietary programming language internally for large-scale, domain-specific proejcts.

    --
    Fuck Beta. Fuck Dice
  344. Yes by Dave21212 · · Score: 1


    ...technically.

    You can sue anyone for anything, the outcome however is up to the system (aka: the man)
    ;)

    --
    "Whoever would overthrow the liberty of a nation must begin by subduing the freeness of speech."--Benjamin Franklin
  345. IBM Can do alot with this publicity by Anonymous Coward · · Score: 0

    SCO is just showing the fraudulant part of this business. SCO lead by MBA hype artists and crack addicts want news. We all know how stupid we would be if we bought SCO products, they are bankrupt both financially and morally.

    The SEC should charge them with stock manipulation.

  346. RMS is laughing himself silly... by persicom · · Score: 1

    If it turns out that SCO is right, then everyone who had ever considered RMS to be ridiculously anal with respect to getting releases for any code to be included under the GNU or FSF banners is going to have to eat crow.