The Power Behind the SCO Nuisance
akahige writes "Forbes has a fairly detailed story about the sordid history of The Canopy Group and all the various companies they've sued -- Microsoft (who they beat) and CA (this case is still pending), among them. Before joining Caldera, Darl McBride sued IKON Office Solutions, for whom he worked -- and won. And it also seems that a bunch of Canopy power players also sit on SCO's board of directors. The short summary is, 'these guys are professional litigious bastards -- be exceptionally wary.'" A local user's group is planning a protest for tomorrow. Reader myst564 writes: "After reading all of this SCO press I remembered that SCO once offered up all of their 'Ancient UNIX' (their words, not mine) source to the world while retaining all copyrights (i.e, no OSS license). Interestingly enough it WAS located here but isn't any longer: SCO's Ancient Unix. What's more you can read about the original release here at: Linux Today. I downloaded the source myself way back then but never did anything but delete it! Anyway, check out this comment. It's interesting that this was predicted in 2000!"
You did not count on the Way Back machine Herr Doktor SCO?
Here's a working link..
Enjoy!
Itâ(TM)s a small fish that feeds on big fish. Not symbiotically either.
âBut it is very good at getting what it wants from other companies.â
Thatâ(TM)s because (law) practise makes perfect.
So then SCO isnâ(TM)t suing IBM because IBM is illegally interfering with implementing their business model, suing (IBM in this case) is their business model.
What then are they really contributing? Is SCO really a software company? What is it? Maybe it contributes within Canopy, but not for a wider good.
Esteem isn't a zero sum game
Quote: "these guys are professional litigious bastards"
:)
Given the statement that's a fairly brave thing to say in a public forum
Thanks for the libel, we were wondering who we were going to sue today. See you in court!
Sincerely,
The SCO Corporation
In Soviet Rush, today's Tom Sawyer gets high on you.
Yeah that's right, you can still download the code
I disagree. This court case will not be a test of the GPL at all, it will be a test of the lawyers on either side. My understanding is that SCO alleges that IBM breached their license of whatever it is that SCO owns and inserted it into the Linux kernel. It has nothing to do with the GPL, and the case promises to be so mind numbingly complex that little quality case law will come out of it.
I used to think of SCO as a drunk in a knife fight, wildly stabbing about in the hope of drawing blood. This article indicates to me its more like a duel between two masters. I now understand why IBM has been so slow to act in this case, they understand their opponent and are preparing for a fierce battle.
This is very much bad news.
--
lds
These guys in Utah are no dummies. The crunchies in the Linux community should be paying more attention.
,"That's not Fair!" while SCO continues to pound away. How many of us had the "Life-isnt-always-Fair" revelation?
I know which side I'm on, and I know everyone is pretty sure they know what side they are on, but I cant help getting the feeling that Linux side is relying way to much on the Fair principle and forgetting that it is quite difference from Justice in the legal systems.
What I am trying to say is that
Justice does not equal Fairness.
Ie It may not be Fair what SCO is trying to pull, but the legal courts are also concerned with what is Just and in this we are talking money and if the legal courts are about anything, they are about money. Making sure there are legal grounds to protect property (money).
Thus, What I see is the linux community simply yelling
Is the Linux community about to get the same?
Sigs are dangerous coy things
Perhaps there was meant to be a NOT in there somewhere?
The thing about things we don't know is we often don't know we don't know them.
OS, Web Server and Hosting History for sco.com
OS Server Last changed IP address Netblock Owner
Linux Apache/1.3.14 (Unix) mod_ssl/2.7.1 OpenSSL/0.9.6 PHP/4.3.2-RC 17-Jun-2003 216.250.140.112 NFT
Linux Apache/1.3.14 (Unix) mod_ssl/2.7.1 OpenSSL/0.9.6 PHP/4.0.3pl1 28-Nov-2002 216.250.140.112 NFT
Linux Apache/1.3.14 (Unix) mod_ssl/2.7.1 OpenSSL/0.9.6 PHP/4.0.3pl1 12-Aug-2002 216.250.140.125 NFT
SCO UNIX Netscape-FastTrack/2.01 26-Mar-2002 132.147.210.109 Caldera, Inc.
SCO UNIX unknown 24-Mar-2002 132.147.210.109 Caldera, Inc.
SCO UNIX Netscape-FastTrack/2.01 10-Oct-2001 132.147.210.109 Caldera, Inc.
SCO UNIX Netscape-Enterprise/2.01 30-Mar-2001 209.1.8.14 Cable & Wireless
SCO UNIX unknown 29-Mar-2001 209.1.8.14 Cable & Wireless
SCO UNIX Netscape-Enterprise/2.01 23-Dec-2000 209.1.8.14 Cable & Wireless
SCO UNIX unknown 22-Dec-2000 209.1.8.14 Cable & Wireless
The Linux @ Work section on Forbes seems to be authored by pro-MS people. To them, linux is something only fanatics use. Unfortunately, it appears that most of what they are currently suing over was done by them before their current lawsuit happy management was in charge. It's bad when you wish Ransom Love was back in charge of Caldera/SCO/whatever they want to be called.
the good ground has been paved over by suicidal maniacs
Does this strategy perhaps demonstrate the lack of any real basis to the case? Or is it that the case is vague enough so that there's the opportuninity for legal FUD to churn cash?
Inquiring minds want to know.
...tizzyd
I almost wish now that I had been using SCO's products all along -- Just so I could make a declaration about how "I will never use them again!"
But alas, some malevolent twist of fate has conspired to keep me from such bliss....
"The evil of the world is made possible by nothing but the sanction you give it." -- Ayn Rand
There's an article on vnunet that hints at what is really going on. It's sleazier than most have even imagined. When IBM, SCO and Sequent got together for project Monteray, the Sequent code for RCU, NUMA and other scalability enhancements were integrated in to the SysV OS they were building. While Sequent, and later IBM, owned their own code, SCO owned the rights to determine its continued usage. This is a result of the rather odious old ATT license agreements.
So, what SCO is claiming isn't that Linux has code taken from anything SCO ever created. They are claiming that Linux has code that was created by Sequent (now owned by IBM) and IBM and that the Unix licensing agreements give SCO rights over that code. SCO is suing IBM for giving away its own code because a goofy licensing agreement says they can.
The Forbes article is unbearably basic and takes the view that SCO have a good chance because Caldera won a previous case against Microsoft.
No attempts to examine any facts are made, with the assumption being that Caldera won the DR-DOS case only because the judge agreed with them and not because Microsoft actually did anything wrong. Whilst the judge's decision does determine the outcome, if you want to analyse the situation before the end of the case then you must look at the facts yourself, i.e. they are not irrelevant!
- Brian.
Your honor, I downloaded the file, but I did not decompress.
SCO's strategy is simply this: they will win all claims, because IBM's lawyers will be unable to present a good defense, because IBM's lawyers are unable to concentrate, due to their inability to stop laughing. This will be especially unfavorable if this laughing behavior carries over into the courtroom.
Don't worry. IBM's lawyers have *NO* sense of humor...
Many have commented that this is a suit about lawyers more than about technoogy or even law. That's true in a lot of cases, but this one is especially interesting for law-geeks becaue it pits David Boies (former superstar litigation partner at a New York uberfirm) against that very New York uberfirm, Cravath Swaine & Moore.
SCO has hired Boies, whom slashdotters will remember as lawyer who so skillfully and successfully led the Justice Department's antitrust case against Microsoft and less successfully defended Napster (as well, perhaps, as for his less successful outings in Florida representing then vice-president Gore). IBM has chosen Cravath, its longtime counsel for "bet the company" litigation. Interestingly, Boies made his career as a young lawyer at Cravath by his (successful) work defending IBM against a massive Justice Department antitrust suit in the late 1970s (and 80s, the suit went on for something like 17 years before IBM finally prevailed). There is certainly no love lost between Cravath and Boies and the fight promises to be a fascinating one for lawyers and law-watchers. In any event, SCO's choice of cousel is an extremely canny one, though Boies' typical roster of slashdot-friendly clients has now, one assumes, been somewhat besmirched.
"The true administration of justice is the firmest pillar of good government." - George Washington
All of these facts about "Ancient Unix", predictions of SCO shenanigans, the wayback machine, etc. are obviously of some interest to IBM. Aside from commenting in Slashdot (and hoping that IBM is reading), is there a better way to share this useful research? I have nothing to offer besides a general disdain for SCO (as if there was a shortage of that), but others seem to be digging up some fine dirt.
The OSS people have collaborative efforts on so many development projects, I think this is an opportunity to "turn the aircraft carrier into the wind" and focus the OSS "mental firepower" to sink SCO. Never in my wildest dreams did I imagine myself agreeing with IBM (on anything), but here we are. Yes, I actually want a Fortune 500 company to have its way with a [former] Linux distributor. It must be snowing in Hell.
This article indicates to me its more like a duel between two masters.
IBM: [struggling to keep SCO away] There's something I ought to tell you.
SCO: Tell me!
IBM: I'm not left-handed either.
McBride purchased 7003 shares at .001 dollars per share. That's right. He paid $7 for for stock worth around $70,000 at the current overvaluation.
The more interesting thing to note is section 15. It shows that after purchasing these 7003 shares, he owned 15003 shares. That implies that he only had 8000 shares before the purchase. However, if you look at some earlier forms 4 for him, you'll notice that in March of this year, he acquired 200,000 shares of stock.
This means that there must still be some forms 4 in the system that have not made it into EDGAR online yet. Unless, I'm reading this wrong, sometime between March and now, McBride dumped over 200K shares of stock. I'd love to see an SEC investigation of all of this.
Here's a link for SCO related SEC filings.
Or does SCO seem to be more and more like the black knight from Monty Python and the Holy Grail?
IBM: You fought well sir knight, but the battle is mine.
SCO: Tis but a scratch!
IBM: A scratch?! I just took your arm off!
SCO: It's just a flesh wound!
ETC ETC ETC.
Just because you can mod me down, doesn't mean you're right. Shoes for industry!
The comment
...that someone made on an online discussion, oh, about a year ago. It cracked me up so I saved it:
Richard N. Turner - Subject: I'm Reminded of An Old Post... ( Feb 23, 2000, 15:39:02 )
``SCO should do the industry a favor and disband, pausing only to bulk-format all their drives so that none of the evil source code can inadvertently escape into the world. Their marketing people and their tech support people should be sent to camps to be retrained for professions more suited to their skills and their buildings should be torn down and burned.''
I think thats a bit prophetic.
Why have 1 person driving a backhoe when you could employ 20 with shovels?
Hasn't RMS being predicting this since dinosaurs ruled the Earth? Remember how we all thought "Gee, Richard, aren't you being just a little paranoid?"
He might be a slightly crazed filthy socialist hippy, but by golly, he nailed this one.
Next up: all those RedHat "defensive" linux patents, and their sort-of-promise to temporarily refrain from suing over them. Better hope that they never get bought out by someone a little less altruistic, eh?
If you were blocking sigs, you wouldn't have to read this.
I remember reading about a study where groups of college students were asked to debug the same program, but each group was given a different indentation level. There was a dramatic decrease in time to debug when the level was increased, up to 4 spaces, but after that it hit diminishing returns. So, 4 is often considered optimum.