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SCO Amends Suit, Clarifies "Violations", Triples Damages

Bootsy Collins writes "This evening on C|Net contains three new items. First, they've upped the damages they're seeking to $3 billion. Second, they claim that by making SMP technology generally available through Linux, IBM violated federal export controls and thus breached their contract with SCO through committing an illegal act. Finally, they elaborate on one specific technology they claim rights to which IBM inserted into the 2.5 kernel series -- the read-copy update memory management features which went in at 2.5.43. Unclear is why SCO thinks they have the rights to RCU, since the technology was originally developed by Sequent in the early 1990s."

34 of 1,347 comments (clear)

  1. At least we know now what they're "smoking" by edgrale · · Score: 5, Funny


    "There are two major products that come from Berkeley : LSD and UNIX. We don't believe this to be a coincidence." -- Jeremy S. Anderson

    Soon SCO will claim ownership for LSD too ;)

    --
    09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0
    1. Re:At least we know now what they're "smoking" by flacco · · Score: 4, Funny
      Soon SCO will claim ownership for LSD too ;)

      If they've already been experimenting with this technology, that would explain A LOT.

      --
      pr0n - keeping monitor glass spotless since 1981.
  2. IBM's view by Anonymous Coward · · Score: 5, Funny

    Three times nothing is still nothing.

    1. Re:IBM's view by TopShelf · · Score: 5, Funny

      And pretty soon this will venture into the realm of imaginary numbers.

      "Today IBM successfully convinced the judge to amend the claim to $3 i Billion, to reflect the imaginary validity of SCO's case"

      --
      Stop by my site where I write about ERP systems & more
  3. Open Letter to CmdrTaco by Anonymous Coward · · Score: 4, Funny
    Mr. Taco;

    On behalf of the /. crowd, I am formally requesting that the Caldera/SCO widget be changed to a steaming pile of poo.

    We feel that this is more appropriate.

    Sincerely, /.

    1. Re:Open Letter to CmdrTaco by Anonymous Coward · · Score: 5, Funny

      Actually, I believe the "It's Funny, laugh" logo of the Monty Python foot suitably amended with at least one smoking bullet hole through it, would be far more approriate for SCO v's The World stories.

    2. Re:Open Letter to CmdrTaco by bubbha · · Score: 5, Funny

      How about Dr. Evil with his pinky raised to the corner of his mouth saying "Three Billion Dollars!"

      --
      I want to be alone with the sandwich
  4. IBM should countersue... by joeszilagyi · · Score: 5, Funny

    ...on grounds of comedy. This is starting to turn into an old Looney Tunes cartoon, where the SCO Coyote throws everything but the Acme kitchen sink at the IBM Roadrunner. Meep meep!

    --
    Dude, where's my packet?
    1. Re:IBM should countersue... by testy · · Score: 5, Funny

      I disagree. IBM is more like the oncoming train that Wile E. McBridey sees in the tunnel, thinking it's the light at the end.

  5. Slashdot - by the_Bionic_lemming · · Score: 5, Funny

    Hmm - five - six more articles maybe, and SCO will become the most posted/hated OS on Slashdot?

    I wonder how Bill Gates will take losing the "Number One" spot here at /. ;)

    --
    _ _ _ Go for the eyes Boo! GO FOR THE EYES!
  6. Re:They must really be scared now. by Anonymous Coward · · Score: 4, Funny

    Yeah no shit. I'm awaiting the day that SCO claims that Osama himself has submitted patches to the kernel and that Alan Cox colaborated with Saddam Hussain in the mid 90's.

    Admittedly, I wouldn't mind seeing D'ohl McBride stood in a street corner shouting idiotic nonsense at passers by. At least then his actions would be socialy unacceptable and the authorities could lock him up. It seems that it is perfectly O.K to act like a paranoid loon if you're a CEO and your conspiricy theories are printed in an international news outlet. Then its O.K

    If you were an SCO employee, would you feel at least a little concerned that your boss is aparently dilusional? I know I would.

  7. Re:Revealed! Whole programs copied in Linux!! by cperciva · · Score: 4, Funny

    No. While a zero length file might be a functioning /bin/true, that isn't how it is implemented in SCO.

    At risk of provoking another lawsuit:


    # @(#) true.sh 1.4 88/11/11
    #
    #
    # UNIX is a registered trademark of AT&T
    # Portions Copyright 1976-1989 AT&T
    # Portions Copyright 1980-1989 Microsoft Corporation
    # Portions Copyright 1983-1989 The Santa Cruz Operation, Inc
    # All Rights Reserved

    # Copyright (c) 1984 AT&T
    # All Rights Reserved

    # THIS IS UNPUBLISHED PROPRIETARY SOURCE CODE OF AT&T
    # The copyright notice above does not evidence any
    # actual or intended publication of such source code.

  8. IBM to SCO by earthforce_1 · · Score: 4, Funny


    I see your 3 billion and raise you two more. Show your cards...

    --
    My rights don't need management.
  9. Re:I've been away, so maybe this has been suggeste by KeoghX · · Score: 5, Funny

    FUD champagne? Is that the kind with scary bubbles?

  10. Godwin's law v2 by BenjyD · · Score: 4, Funny

    ... available "for free distribution to anyone in the world," including residents of Cuba, Iran, Syria, North Korea and Libya, countries to which the United States controls exports. The open-source technology IBM released "can be used for encryption, scientific research and weapons research," the suit said.

    So IBM is helping terrorists and rogue states now? I think we need an addition to Godwin's Law - "As a dispute goes on, the probability of one side claiming the other is helping terrorists approaches one"

    1. Re:Godwin's law v2 by Waab · · Score: 4, Funny

      There's no need to make an addition to Godwin's Law itself. From now on, we'll just have Godwin's Law and the Ashcroft Corollary.

  11. Re:Only 3 billion? by Anonymous Coward · · Score: 5, Funny

    Why ask for 3 billion when we can ask for 3 _million_?

    *raises pinky finger to corner of mouth*

  12. Re:SMP? RCU? by jone1941 · · Score: 4, Funny

    It's like playing the Kevin Bacon game! Can you claim IBM broke your license agreement in less than 7 hops? Yes? Well then you've got a case. Sad. It's just sad.

    --
    Fear trumps hope and ignorance trumps both
  13. Re:Something to consider... by tmhsiao · · Score: 5, Funny

    I don't think it's an unfair suppository to make at all that Microsoft is viewing this as a high-risk low-cost gamble on SCO winning this fight.

    I hate those unfair suppositories, especially from Microsoft.

    I always knew Bill Gates was trying to shove something up my bunghole.

    --
    "My God...It's full of ads!" -Fry, about the Internet, Futurama
  14. Re:Revealed! Whole programs copied in Linux!! by countach · · Score: 5, Funny

    Well, duh. The plagarist removed the copyright notice. They're not THAT silly!

    But shame on you for revealing all of SCO's intellectual property! Don't you realise what this will do to their stock price? You've got a trade secret law suit on the way buddy.

  15. Future think by Ignorant+Aardvark · · Score: 4, Funny

    Translation of the next obfuscated memo to come out of IBM:

    No, seriously, you need to fuck off now. It's not funny anymore.

  16. Re:SCO claims RCU is derivative of SysV by Matrix272 · · Score: 4, Funny

    But that doesn't apply to parodies... so maybe IBM just released a "parody" of System V, eh?

    You can only fight insanity with insanity.

    --
    "It's better to have a gun and not need it than need a gun and not have it." ~ Christian Slater, True Romance
  17. Re:SMP? RCU? by Waffle+Iron · · Score: 5, Funny
    I think they're complaining that SMP was a restricted technology, so by helping to add SMP to the Linux kernel, and making it freely available, IBM violated US export laws.

    Who else very recently made the Linux kernel freely available to any foreign party including terrorists, communists and all three vertices of the Axis of Evil?

    Hmmm?

    Could it be .... SCO!!!???

    Didn't they do the due dilligence to see if the capabilities that they were distributing were exportable under U.S. law? Looks like they didn't, and now OBL himself could very well be running Caldera Linux on the Beowulf cluster in his cave simulating thermonuclear explosions.

  18. Future lawsuit headlines by fireboy1919 · · Score: 5, Funny

    SCO upps damages to 6 billion - citing IBM's illegal use of 'international business machines' acroynm which they thought up first.

    Damages go up to 15 trillion when SCO discovers that gravity and other basic laws of the Universe which IBM has been using to build servers formed a basis for SCO's machines first.

    Finally, SCO ups damages to (quoting here) "forty bazillion-kabillion" for "having a successful business," which is what SCO was planning to do but couldn't because of IBM.

    It should be noted that this last figure was given just before the Executive board collectively passed out after coming down dangerously from a hallucenagic high caused by dry-erase markers, non-dairy creamer, pez, and possibly other office-related recreational drugs.

    --
    Mod me down and I will become more powerful than you can possibly imagine!
  19. Re:Release the ninjas... by Mohammed+Al-Sahaf · · Score: 5, Funny
    There is no way penguins can write SMP code without our help. We will slaughter all the penquins and have them for dinner
    As SCO's new press minister, I can confirm this.

    IBM are a superpower of villains. They are superpower of Al Capone. These cowards have no morals - they have no shame about lying. We will slaughter them all .... most of them. The situation is excellent, they are going to try to sue us, and I believe their grave will be there. We will push those crooks, those mercenaries back into the swamp!

    Mohammed al-Sahaf (now SCO press spokesman)
    --
    Former Iraqi Information Minister Mohammed Saeed al-Sahaf
  20. Inconceivable by Spazmania · · Score: 4, Funny

    Redesigning Linux for use by demanding business customers "is not technologically feasible or even possible at the enterprise level without (a) a high degree of design coordination, (b) access to expensive and sophisticated design and testing equipment; (c) access to Unix code and development methods; (d) Unix architectural experience; and (e) a very significant financial investment," the amended suit says.

    SCO: They built a better OS using so-called open source methods? Inconceivable!

    IBM: You keep using that word. I do not think it means what you think it means.

    --
    Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
  21. Letter to IBM by umrgregg · · Score: 5, Funny

    Dear Mr. Palmisano:

    I have become aware of a litigious situation between your company and that of Darl McBride (SCO). In your pending defense against their lawsuit(s) I would like to recommend to you that I, NMG be your sole defense attorney. I am not on your legal defense team, nor am I actually a lawyer. I am merely a reader of Slashdot. SCOâ(TM)s claimâ(TM)s of damages are so ludicrous, I believe that even a troop of Screaming Monkeyâ(TM)s could provide you proper defense. Unfortunately for you, the Screaming Monkeyâ(TM)s were already hired out for the year by the Federal Trade Commission. Therefore, I extend an offer of my services for your legal defense in return for a pack of smokes, a ThinkPad and a chance to punch SCO in the kisser. This union will save you a bundle of money in defense feeâ(TM)s and will save your legal resources for your pending investigation with the horde of Screaming Monkeyâ(TM)s. Thank you for your time.

    Sincerely,

    --
    NMG
  22. Re:I wouldn't mind... by Ignominious+Cow+Herd · · Score: 4, Funny

    "To do is to be" - Socrates.

    "To be is to do" - Plato.

    "Do be do be do" - Sinatra.


    "Please pass the doobie" - Darl McBride.

    --
    Lump lingered last in line for brains, and the ones she got were sorta rotten and insane.
  23. SCO isn't scared at all. by RoLi · · Score: 5, Funny
    Dear IBM!

    We have now identified lots of code copied source from our precious SCO Unix.

    Here are 2 of the worst offending code snippets:

    kernel/sched.c: n++;
    kernel/signal.c: ++count;

    Please look at our SCO-Unix code, you will see how shamelessly those lines were copied:

    drivers/scsi.c: n++;
    drivers/keybd.c: ++count;

    And there are 58 other lines of shamelessly copied source code in Linux. Our marketing department has calculated that each line of code is worth 50,000,000 $ which translates to an average of about 10,000,000$ per character. We have found copied characters worth of 5,693,340,000,000 $ in the Linux source code, however, because we are generous, we only insist on the fully copied lines of code. However, if IBM doesn't pay, we might be forced to demand the full amount.

    But for now, I only demand IBM to pay 3,000,000,000 $ within 2 weeks to this account:

    account holder: Barl McDride
    account no: 4239573204
    Royal Cayman Bank
    134 Ocean Boulevard, Cayman Islands

    Every week of delay will cause another 1,000,000,000 $ due to lost sales, mental stress and other damages which have to be paid to the same account, so please pay quickly, or else.

    Sincirely, your pal

    Darl McBride

  24. Brilliant... by MosesJones · · Score: 4, Funny


    Well I'm English so as a country I hearby give notice that all people in the world who are using English are breaking copyright and all derivative works (including technical specifications and patent applications) are now owned by the UK Goverment.

    We are also claiming Charles Babbage and all derivative works that involve computation and concepts of automated computing.

    Unfortunately the Iraqi's are now claiming that they invented writing, the Chinese are laying claim to printing and basically everyone on without a 2,000 year+ history is screwed.

    --
    An Eye for an Eye will make the whole world blind - Gandhi
  25. Re:true by shotfeel · · Score: 4, Funny

    I love it when the news media expecially on the internet writes articles and title's them differently everytime they add a paragraph and update the report.

    Too bad we can't get them to do it the right way, with version numbers and ReadMe's stating changes since the previous version.

  26. Re:They must really be scared now. by barfomar · · Score: 5, Funny

    If I were a CEO of barely breathing tech company in the midst of a shakeout, I'd consider accumulating a few million shares of my company thru an off-shore broker when everybody is puking them out. Pick them up quietly, like gathering apples as they fall from the tree. Then, file some outgeous suit against some deep pocket, wait for the shares to multiply by 20-30 times, call my broker on payphone using a phone card purchased a gas station, and head for the islands. But, I'm not in that position....

  27. ONE [ HUNDRED ] BILLION DOLLARS! by saikou · · Score: 5, Funny

    Planning meeting in Dr. Evil's lair.

    Dr.Evil: .... ozone layer
    Number Two: That already happend.
    Dr.Evil: Sh.t! Oh well, let's draft some frivolous lawsuit and sue the world's biggest computer company for...
    ONE MILLION DOLLARS!
    Number Two: *cough* Don't you think we should ask for more?
    Dr.Evil: OK. And sue them for ONE BILLION DOLLARS!
    Or heck, make it three.
    Good.

  28. Re:IBM won't settle by Stephen+Samuel · · Score: 5, Funny
    Also, as SCO has virtually no chance of winning, settling doesn't make financial sense. Naturally, THAT'S why SCO increased the suit to $3B - it lets IBM think that settling makes sense now at a lower SCO success rate. If the break-even point for a settlement was a 50% chance of SCO victory, now it makes sense at a 17% chance. For example, obviously, as both numbers are too high. ;)

    the 17% solution only makes sense if SCO has a minimal chance of winning the suit and gettint a reasonable percentage of what they're claiming. Right now, they're suing IBM for GPL'ing a piece of code that (as far as I can tell) was created by a sequent -> IBM employee (and, I presume, assigned to Sequent then transferred to IBM).

    This is my quick summary of the SCO conversation:

    SCO: Stop selling UNIX or we'll sue you to stop you.
    IBM: Why? We have a license!
    SCO: Because you've done something wrong, and you won't fix it.
    IBM: What have we done wrong?
    SCO: We Can't tell you (na na na na naaaa!)
    IBM: You have to tell us what we did wrong if we're going to be able to fix it.
    SCO: We could let one of your engineers see the code we think you stole, but then you'd have to shoot him
    IBM: Can we subpoena your therapist in the counter suit?
    SCO: OK: It's the RCU code. By the way, we're tripling our damages.
    IBM: But we wrote that!
    SCO: And your point is????
    IBM:I don't think we'll be needing your therapist.
    --
    Free Software: Like love, it grows best when given away.