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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."
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
IBM has terminated sco's licence to live
Fleur de Sel
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?
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
Sorry,
CNET story
Javascript + Nintendo DSi = DSiCade
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.
I can see the army of lawyers in blue suits gearing up for battle right now.
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.
;-) But this is starting to seem like the technology equivalent of Days of our Lives or something!
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
-psy
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
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.
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.
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....
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.
... the most masturbatory press release I have EVER read. SCO sure loves itself.
MORTAR COMBAT!
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.
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
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. .... doh, it's over. :)
Let's get it
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.
In a response, IBM claims that SCO doesn't have the right to terminate the license.
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*
The party with the most lawyers and cash will win.
This is the rule of the court.
-renard
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....
52 Weeks, 52 Religions with John Hummel
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.
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.
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.
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.
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.
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
Wise man say: "Do not taunt the sumo..."
There's no wrong way, to eat a Rhesus...
Dear SCO,
I would like some of what you are smoking. Please hook a brother up. Thanks in advance.
[o]_O
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.
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
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.
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.
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.
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.
From http://www.infoworld.com/article/03/06/16/24OPcrin gely_1.html:
I wonder what rights AT&T retained.
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.
SCO is now claiming that they could possibly own the rights to most major OSs, including the *BSDs, OSX, and possibly even Microsofts OSs.
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.
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;
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
If nobody explains it in a LOTR context, I just don't get it.
Thanks.
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
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?
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.
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.
... 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.
Nice analogy there, Darl.
(from http://news.com.com/2008-1082_3-1017308.html)
qslack.com
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:
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/
..."All your 'nix are belong to us".
down: SCO Group SCOX 10.93 -0.28
I guess that sums it all up...up: Intl Bus. Machines IBM 84.50 1.75
Today SCO chewed off it's own arm to spite it's torso by terminating a lucrative licensing agreement with IBM.
.NET initiative."
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
"...Well, there's egg and bacon; egg sausage and bacon; egg and spam; egg bacon and spam; egg bacon sausage and spam..."
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
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/zd
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!
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."
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...
- The companies had engaged in brief but unfruitful discussions, SCO said last week.
The call, intercepted by an unnamed source, went like this: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
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.
US Democracy:The best person for the job (among These pre-selected choices...)
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
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.
I probly shouldn't post this but meh.
the CEO of SCO Australia can be reached on his mobile : +61419 660 016
"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
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)
Over 3 million lines by my count, and that's not counting any header files or documentation.
./ -name "*.c"`; do cat $i; done | wc -l
[root@sether linux-2.4.20]# for i in `find
3333647
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:
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.
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.
They'll give you the Codebas3 if you give them your computer. They ownz your puter
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.
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.
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); }
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.
(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
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.
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
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.
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.
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.
...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.
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.
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.
Time for everybody to sue SCO for previous GPL violations! That'll keep their lawyers tied up for awhile.
-j
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.
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
Couldn't IBM just secure a licence from Novell?
Bugs are just features that have been fixed.
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.
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.
Opinions on the Twiddler2 hand-held keyboard?
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.
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!
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.
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....
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.
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...
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
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.
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!
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
Doug Mehus http://doug.mehus.info/
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. :-)
Javascript + Nintendo DSi = DSiCade
The above link
I like you, Stuart. You're not like everyone else, here, at Slashdot.
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.
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.
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...
More seriously now, why on Earth would you use Excel to count the number of lines? Especially when you have a Linux command prompt ...
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
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
$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){
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
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.
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.
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
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.
..guess everybody have seen this already; but anyways;
o m :)
http://uptime.netcraft.com/up/graph/?host=sco.c
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.
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.
So now SCO is saying "All your [code] base are belong to us!"
"Freedom means freedom for everybody" -- Dick Cheney
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.
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."
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...
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.
According to Harry Newton, many brokers are calling up rich people, trying to persuade them to buy SCO stock. Classic pump and dump behaviour.
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.
leave them feedback here: SCO Feedback!
tell them what you think of their attempt at extortion.
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.
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.
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:
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...
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. a_0 <=> true
2. a_n => a_n+1
3.???
4. SCO is stupid!
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:
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.
You've got an extra letter in there.
But then again, I could be wrong.
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.
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.
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);
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.
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.
Why don't you just use something like
find . -iname \*.h -o -iname \*.c | xargs cat | wc -l