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Gartner Says Delay Linux Deployment Due to SCO

Sridhar writes "SCO's legal threats have prompted Gartner Group to recommend that companies delay deployment of critical Linux applications, determine "whether Unix or Windows will provide functions equivalent to those of Linux deployments", and take a "go-slow" approach to Linux in high-value or mission-critical production systems."

720 comments

  1. Evidence? by DeathPenguin · · Score: 5, Funny

    Can this be used as evidence in counter-suits as many companies offering Linux can now say they've seen substantial losses due to SCO FUD?

    1. Re:Evidence? by gl4ss · · Score: 4, Insightful

      maybe, but it it looks like it's full of bull(the recommendation, no mention of any bsd for example, instead just 'go with windows or sco!, they're safe!', so it looks like a cash handed report). and what are they to pile into this steaming pile of fud that they well know has no solution yet except just fud'ing around.

      .

      yea kinda typical slashdot comment.. but who cares.

      --
      world was created 5 seconds before this post as it is.
    2. Re:Evidence? by digitalunity · · Score: 1

      Who cares. No one with half a brain listens to the group. Microsoft pays them well to say what they want.

      --
      You can't legislate goodness. Let each to his own destiny, by will of his freely made choices.
    3. Re:Evidence? by MrLint · · Score: 4, Interesting

      Isnt Gartner the same guys that said windows was so full of hole it shouldnt be used?

    4. Re:Evidence? by muckdog · · Score: 2, Informative

      I don't think that have gone that far yet with Windows in general. They did make this statement about IIS though.

    5. Re:Evidence? by captain_craptacular · · Score: 4, Insightful

      Isn't Gartner the same group that will say whatever you pay them to say? They've been on both sides of the windows sucks issue, both sides of the use linux issuse. They're the whore of the IT strategy world.

      I say we all put $1 in a paypal account and then use the total to buy a report saying that slashcode should be extended into a viable app platform and used to deliver ALL web content.

      --
      They who would give up an essential liberty for temporary security, deserve neither liberty nor security
    6. Re:Evidence? by JSkills · · Score: 2, Insightful
      You couldn't be more correct on the fact that they'll say whatever they're paid to. God what a job they have - getting paid to prognosticate future trends and they don't have to be right. Kind of like being a weather man - when was the last time a weather man was fired for being wrong?

      And what about M$ somehow being in bed with SCO and/or Gartner? Ok sorry, mod me down for being a conspiracy theorist / paranoid ...

    7. Re:Evidence? by spells · · Score: 3, Funny

      Weather forecasts (at least in my neck of the woods) are never wrong anymore. Just like Gartner, everything is given in probabilities, and it's never 100%.
      I saw a weatherman outdoors in the rain saying there was an 80% chance of rain that day.

    8. Re:Evidence? by Anonymous Coward · · Score: 0

      They who would give up an essential liberty for temporary security, deserve neither liberty or security

      How about about people who would give up essential security for temporary liberty?

    9. Re:Evidence? by mormop · · Score: 1

      Maybe they've got shares in the Amiga ;)

      --
      Hmmmmmm..... Deep fried and look like Squirrel.
    10. Re:Evidence? by Zork+the+Almighty · · Score: 1

      Yet it's front page news with cheering and gloating if IBM pays them off to say Linux is good.

      --

      In Soviet America the banks rob you!
    11. Re:Evidence? by Surak · · Score: 2, Funny

      I say we all put $1 in a paypal account and then use the total to buy a report saying that slashcode should be extended into a viable app platform and used to deliver ALL web content.

      Wouldn't that be a hoot? No...wait...my PHB would say "Okay, we're going to rewrite all of our mission critical web applications in Perl and base them on Slashcode." *shudders* Never mind. ;)

    12. Re:Evidence? by njdj · · Score: 1

      Can this be used as evidence in counter-suits ...?

      Yes it can, and to that extent it's good news, because it means that companies which make a living out of supporting Linux now have a ground on which to sue SCO.

    13. Re:Evidence? by Anonymous Coward · · Score: 0

      SCO is a bunch of Blue Falcons (Buddy FuKers) they are just out to take everything and all the loot.

    14. Re:Evidence? by JCCyC · · Score: 1

      Who cares. No one with half a brain listens to the group.

      Three letters: PHB.

    15. Re:Evidence? by i_am_nitrogen · · Score: 1

      That never happened. The people posting contradictory things in different stories are not the same people. And if IBM did pay some research firm to say Linux was great, I'd be equally disappointed.

    16. Re:Evidence? by cshark · · Score: 1

      Depends what day you catch them on. This whole issue has really cost them credibility among people that matter. How are they going to look when this thing hits court and is thrown out?

      --

      This signature has Super Cow Powers

    17. Re:Evidence? by Anonymous Coward · · Score: 0
      Can this be used as evidence in counter-suits as many companies offering Linux can now say they've seen substantial losses due to SCO FUD?

      Absolutely, which is why it adds even more credibility to their claim.

    18. Re:Evidence? by Sloppy · · Score: 2, Funny
      I say we all put $1 in a paypal account and then use the total to buy a report saying that slashcode should be extended into a viable app platform and used to deliver ALL web content.
      That would never work.

      Too many people would complain about Paypal.

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    19. Re:Evidence? by autopr0n · · Score: 1

      I say we all put $1 in a paypal account and then use the total to buy a report saying that slashcode should be extended into a viable app platform and used to deliver ALL web content.

      UGH! Slashcode is the suckiest CMS EVAR. I mean, Hello, embedded perl?

      --
      autopr0n is like, down and stuff.
    20. Re:Evidence? by Anonymous Coward · · Score: 1

      i thought that was a good comment

    21. Re:Evidence? by mormop · · Score: 2, Informative

      They're stuck really. Along with the rest of us they don't have a clue what the hells going on. The best I can come up with at the moment is that

      a) The fact they won't let anyone see the code without the NDA leans towards them bluffing as there's no point in hiding the code for IP reasons if it's been in the public domain for years.

      b) Gartner have to say something as that's their job but what can they say when they've got no info to go on. If they tell everyone to carry on regardless and SCO did somehow win they'd have to be sure their disclaimer is as tight as a shark's arse at 40 fathoms.

      The fact that all this kicked off in parallel with the launch of server 2003 is probably going to cause most suspicion as Microsoft's latest offering seems to have failed to deliver on the pre launch hype but then as that's happened with every version of Windows back to the year dot it doesn't count for much.

      At the end of the day IBM are going to have to force them through court ASAP which they can probably do as they are ssssooooooooooooo loaded they must have some sway. That is unless some SCO employee (or disgruntled ex-SCO employee) drops a bombshell that kills SCO's claim off.

      --
      Hmmmmmm..... Deep fried and look like Squirrel.
    22. Re:Evidence? by Anonymous Coward · · Score: 0

      and have taco be able to say "whatever, next" to anything he doesn't like online? no thanks.

      want examples of it? go read his irc chat transcript. valid things brought up, to which he simply says "whatever, next" to because HE doesn't like it. who cares about what everyone else wants!

      why am i posting AC? because i couldn't be bothered getting an account and going further into malda's world.

    23. Re:Evidence? by MrResistor · · Score: 2, Insightful

      maybe, but it it looks like it's full of bull(the recommendation, no mention of any bsd for example, instead just 'go with windows or sco!, they're safe!', so it looks like a cash handed report). and what are they to pile into this steaming pile of fud that they well know has no solution yet except just fud'ing around.

      The especially amusing thing about that is that SCO has specifically said that MS isn't safe.

      Of course, they also said BSD isn't safe. I would love to see them persue that.

      --
      Under capitalism man exploits man. Under communism it's the other way around.
    24. Re:Evidence? by hdparm · · Score: 0, Troll
      What is this? Modded to 0 yet no reason? No mod passed this, only hosts can mod in this way.

      You don't deserve to be moded as troll, since you are ignorant. 'Underrated/Overrated' moderations appear this way.

    25. Re:Evidence? by abradsn · · Score: 2, Interesting

      Perhaps you are right. No one said take a "go slow" approach to internet explorer or windows just because of some legal proceedings. The fact is that companies will continue doing whatever it was they were doing before and change things afterwards if it really becomes a problem. I for one, do not like the what-if approach. Just do it.

    26. Re:Evidence? by vsprintf · · Score: 1

      Three letters: PHB.

      Too true. It's corporate management that pays Gartner to brew potions and make incantations before divining the magic TCO number, which is essentially useless. Meanwhile the IT people collectively hold their noses.

    27. Re:Evidence? by pfleming · · Score: 1

      If you rearrange the letters in Gartner Group can you get "Microsoft Whore"?
      No but you can get Garter Group'n, related to Garter Belt and thus- anyone's whore...

    28. Re:Evidence? by jez9999 · · Score: 2, Funny

      Isnt Gartner the same guys that said windows was so full of hole it shouldnt be used?

      No, they said that Windows had a hole so full that it shouldn't be used.

    29. Re:Evidence? by vsprintf · · Score: 1

      That is unless some SCO employee (or disgruntled ex-SCO employee) drops a bombshell that kills SCO's claim off.

      I don't think it's news that SCO has said they will terminate any employee who says anything - (Cringely, InfoWorld). Not much chance of a current employee saying anything. And I don't recall seeing any "Well, I work at SCO, and ..." comments during all these discussions. SCO coders don't hang at slashdot, or they don't dare post for fear of their jobs?

    30. Re:Evidence? by mormop · · Score: 1

      You never know, conscience can be a powerful (if rare) thing. I don't hold out much though. Any terminated careers with SCO could always lead to a career at IBM.

      SCO coder reading? Yopu know it makes sense

      --
      Hmmmmmm..... Deep fried and look like Squirrel.
    31. Re:Evidence? by RoLi · · Score: 1
      PHBs don't run Linux anyway.

      Actually, if you really start thinking about the whole licensing-stuff, you realize pretty quickly that the risk and fines of being busted by the BSA (yes, the licensing stuff is so complicated that hardly any company can be *really* sure that they comply) is much higher than any GPL risk.

      While this whole thing sure hurts Linux in the short run it could backslash against Windows in the long run easily.

    32. Re:Evidence? by usotsuki · · Score: 0
      Who cares. No one with half a brain listens to the group.
      HA! Not only do large companies listen, THEY ACTUALLY PAY THEM FOR THE ADVICE! You bet they're going to listen. Too bad for your little linux.

      Well, these PHBs obviously don't have half a brain now do they?

      -uso.
      --
      Dreams, dreams, don't doubt dreams, dreaming children's dreaming dreams. Sailor Moon SS
    33. Re:Evidence? by Anonymous Coward · · Score: 0

      If you look at like a Linux advocate fanboi, there is no contradiction.

      They are (by in large) the same group of people -- they'll cite authorities if it will help Linux and they'll discredit authorities if it will help Linux.

    34. Re:Evidence? by texaport · · Score: 1
      People actually *pay* to read Gartner stuff?!
      I'd sooner trust Consumer Reports to recommend my next computer or operating system.

    35. Re:Evidence? by Anonymous Coward · · Score: 0

      maybe, but it it looks like it's full of bull(the recommendation, no mention of any bsd for example, instead just 'go with windows or sco!, they're safe!', so it looks like a cash handed report). and what are they to pile into this steaming pile of fud that they well know has no solution yet except just fud'ing around.

      Gartner's always been full of it. They're an M$ sock-puppet.

      yea kinda typical slashdot comment.. but who cares.

      Yep!

    36. Re:Evidence? by Kris_J · · Score: 1
      when was the last time a weather man was fired for being wrong?
      LA Story?
    37. Re:Evidence? by Anonymous Coward · · Score: 0

      For the linux developers out there I say "Why Linux ?" Why not A BSD. BSDI FreeBSD NetBSD OpenBSD, and The BSD Licence provide a better all around platform to use them linux and the GPL. And for you who say wll Linix has x driver or y support and BSD's x or y sucks. All you have to do to join up and start helping.

    38. Re:Evidence? by andrewski · · Score: 0

      It's a Gartner report, of course it's been cooked. Gartner has been clever in throwing the occasional story out about Linux, but it plays to the payer first.

    39. Re:Evidence? by Anonymous Coward · · Score: 0

      Yeah, but they'd have to prove the person using linux would actually pay for it instead of downloading it for free. And we all know that is about as likely decent fonts coming to linux

    40. Re:Evidence? by starnix · · Score: 1

      I get a kick out of people who bitch about a web page yet still read it. If you dont like slashdot, WHY THE FUCK ARE YOU HERE????

    41. Re:Evidence? by leviramsey · · Score: 1
      Yopu know it makes sense

      What about Youppi?

    42. Re:Evidence? by Anonymous Coward · · Score: 0

      No one takes what the Gartner Group has to say seriously. They are basically a stronge arm group of those who are willing to pay.

      I think it is very likely that if SCO doesn't show some real intent very soon that they will be sued. Probably multiple times, worldwide use of Linux (outside of the US) is very high. Deployment of Linux inside the US increasing at a very high rate, I think unfortunately due to such a weak economy and what some may term head strong practices by Microsoft. Product activation and increases in licensing.

      SCO will not be payed off, they will probably ceist to exist. When they don't get there own way their shareholders will probably cannibalize company, or what is left of the company.

    43. Re:Evidence? by H310iSe · · Score: 1

      that would be kind of cool - does consumer reports to Software/OS evaluation and testing? I mean, they drop shit, step on it, flick it on and off a million times, then, well, they end up recommending the thing that looks most like it was designed in soviet russia but manufactured in Japan, a little boring and tank-like but, so long as you compensate for their prediliction towards the utterly boring and banal they're not so bad. I'd read them before buying a car, for example. So I wonder what they'd do with software?

      Office XP - While this product did all but open a frozen diner for us while it took off our shoes and asked us if we had a hard day at work, it systematically failed to either reliably edit documents or process e-mail without infecting our lab computers....

      If only Consumer reports was that fun to read. still, I'd buy an issue that offered their staid take on sofware/OSs.

      --
      closed minded is as closed minded does
    44. Re:Evidence? by WNight · · Score: 1

      It's true though, isn't it? If the authorities say that Linux is good, PHBs will go with it. If the authorities are discredited, PHBs will hire consultants to pick an OS or webserver. The consultants don't have anything to lose by choosing Linux (and a bit to gain, there are less Linux techs than MCSEs out there) so Linux would win.

      It's not a contradiction, it's that the market forces on Linux are different than the ones on Microsoft.

      The only reason I really care is that Linux drivers for hardware I want to buy will get better if more people use it.

    45. Re:Evidence? by Anonymous Coward · · Score: 0

      I understand that you are trying to be clever...but you're not.

    46. Re:Evidence? by Anonymous Coward · · Score: 0
      That is unless some SCO employee (or disgruntled ex-SCO employee) drops a bombshell that kills SCO's claim off.

      An ex-SCO employee did already drop a bombshell. He claimed that SCO stole code from Linux for their LKP (Linux Kernel Personality), that let them run Linux binaries natively.

      SCO stole code from Linux

    47. Re:Evidence? by ball-lightning · · Score: 1

      He was complaining about the code, not the website. There are tons of things I use, but I hate the code for.

  2. This is what I've been saying. by FreeLinux · · Score: 5, Insightful

    Regardless of how the SCO lawsuit turns out, SCO is giving Linux a black eye. In fact, with the constant barrage of "news" regarding the SCO case, I'd say that Linux has a whole bunch of black eyes from this and it will still be a few years before it gets to court.

    1. Re:This is what I've been saying. by Anonymous Coward · · Score: 0, Funny

      SCO can eat my turds, I am a RHCE

    2. Re:This is what I've been saying. by Anonymous Coward · · Score: 0

      To get bought out by IBM, I bet the whole board of directors would take you up on that offer.

    3. Re:This is what I've been saying. by Anonymous Coward · · Score: 0

      Maybe Microsoft secretly runs SCO...

    4. Re:This is what I've been saying. by Lumpy · · Score: 3, Interesting

      Bah, it's not a big deal if you are deploying server products.

      simply change the OS to BSD and call it good until the whole thing blows over. It shuts up the clueless CTO/CIO/CEO and makes the lawyers happy.

      This is your easiest and painless way to keep that non-microsoft project running.

      I have a BSD based machine sitting atop the linux dev box that I test each build on.. so switching when my Management team get's the case of the legal-stupids I can simply say, "no problem, It will be switched to BSD tommorow and we will not lose any productivity or have to slip on the timeline."

      Another great part of Open Source... I'm not stuck.

      --
      Do not look at laser with remaining good eye.
    5. Re:This is what I've been saying. by Bagheera · · Score: 1

      More like Slander if I understand the definitions correctly. We've all read (to death) SCO's claims and the rebutals from people who have a better grasp on the history than most of us ever will.

      While I'm no laywer (nor would I want to be one) threatening lawsuits, when there is no grounds for a suit, smearing the reputations of individuals and organizations, and fraudently claiming ownership of other's works is, last I checked, Illegal.

      The sad thing is this does need to be settled sooner rather than later. The longer it's allowed to drag on the longer we'll all have to put up with the ranting and screaming and assorted bullshit around this case.

      The problem with FUD is that some people believe it.

      Linux doesn't have a black eye here. There are so many holes in SCO's argument that any suit against Linux users would die in pre-trial. Unfortunately, there's this clown in Utah screaming very loudly, and some people may actually listen to the clown whether it's full of crap or not.

      --
      Never attribute to malice what can as easily be the result of incompetence...
    6. Re:This is what I've been saying. by rusty0101 · · Score: 3, Interesting

      Two issues. Not everything that runs on Linux runs on BSD, even in the server environment. If you can live with that and work around it, there is still the hazard that SCO has indicated that they do not believe that BSD is necesarily free and clear either.

      At the moment this does not seem to be a significant issue, SCO is much more interested in slowing down Linux deployment, or getting money from companies that they believe are violating their intelectual property, and are "bigger fish".

      -Rusty

      --
      You never know...
    7. Re:This is what I've been saying. by RickHunter · · Score: 1

      I doubt it'll ever get to court. SCO has no case. Its a 100% PR move to take revenge on Linux for taking over their market and doing a better job than they ever did. Oh, and a stock market scam to line the pockets of those currently in charge. Its character assassination, pure and simple. No software is immune to the charges they fling at Linux, but everyone acts like this is a problem that could only occur in open-source software. And that Linux is corrupted simply because the company formerly known as Caldera has claimed its so.

      I sincerely hope IBM drags these guys to court, delivers a solid smackdown, publicizes it to the ends of the earth, and then drags the board of SCO back to stand trial for insider trading and stock market manipulation.

    8. Re:This is what I've been saying. by Angry+Pixie · · Score: 1

      But what if SCO targets BSD next?

      Not to make light of a certain historical sore spot, but a long time ago a bunch of guys came after one group of people while everyone else sat quietly and did nothing, When that bunch was done, they turned and went after that other group.

      My point is, the BSD people are pretty quiet about this issue. They might not necessarily be in the same camp, but the BSD community is no less vulnerable. The GNU people have seemed a little passive on the issue too. How long will it be before SCO "finds" proprietary code in various GNU sources?

    9. Re:This is what I've been saying. by mjh · · Score: 4, Insightful
      simply change the OS to BSD and call it good until the whole thing blows over. It shuts up the clueless CTO/CIO/CEO and makes the lawyers happy.

      Ok, but that doesn't actually solve the problem. Whether SCO is right or not, they've uncovered a problem with Linux and Microsoft has already leapt to remediate that problem with their products. The problem is indemnity.

      If you are the user of a Microsoft product, and Microsoft has installed someone else's copyrighted code into their software, the owner of that copyrighted code can claim that you are using their code without a license and can sue you for copyright infringement. Just this week, Microsoft publicized the fact that they fixed that problem, by providing you indemnity in the event that such a thing happens. If it turns out that you're using someone else's intellectual property (either copyright or patent) Microsoft promises to pay the expenses and hold the liabilty for the infringement.

      The problem is that there's no one that's doing this in the open source/free software world. So if someone else's copyright or patent DOES get into Linux or OpenBSD, then they can sue YOU for using it w/out a license. Generally, I think we are pretty well convinced that SCO's case has no teeth. But that's not the problem. There may be some other case out there that *does* have teeth, and there is no one to indemnify the user of Linux/OpenBSD in the event that something that's copyrighted accidentally got into the code.

      For individuals this really isn't that big of a deal, because the copyright or patent holder won't likely sue someone who doesn't have the money to pay. But for a bank, or for a large company, this is a *BIG* deal. This implies a risk to the use of open/free software that can't be easily countered.

      This frightens me! This is a SERIOUS problem. Suddenly, the old adage that there's no one to sue becomes TRUE for open/free software and false for proprietary software.

      --
      Key to financial independence: Spend less than you earn. Save and invest the difference. Do it for a long time.
    10. Re:This is what I've been saying. by Anonymous Coward · · Score: 0

      what ever. There is no such thing as bad publicity,

      What SCO is saying is: "You produce a better product by stealing code from us, giving you a unfair advantage."

      After SCO dies and goes to hell all that will be remembered is: "Linux is a better product with a big advantage."

      SCO is shooting themselves in the foot. Their linux sales is all that could of kept them solvent. The Unix they produce is outclassed by a large extent by Linux, *BSD, HP-UX, AIX and etc etc... BTW Linux had SMP support befor SCO did.

    11. Re:This is what I've been saying. by gotan · · Score: 1

      simply change the OS to BSD

      Wouldn't it be sufficient to switch to kernel 2.2?
      According to SCO they only demand their extortion fees for 2.4 and upwards.

      --
      "By the way if anyone here is in advertising or marketing... kill yourself." -- Bill Hicks
    12. Re:This is what I've been saying. by Anonymous Coward · · Score: 0

      Is there such thing as copyright/patent infringement insurance? Seems like it'd be cheaper to assess your risk and insure against it than pay for the same coverage to multiple software vendors.

    13. Re:This is what I've been saying. by Anonymous Coward · · Score: 0

      I have a BSD based machine sitting atop the linux dev box that I test each build on.. so switching when my Management team get's the case of the legal-stupids I can simply say, "no problem, It will be switched to BSD tommorow and we will not lose any productivity or have to slip on the timeline."

      what part of that statement do you not understand?

      He has a working solution that runs on BOTH linux and BSD... so your first point is a non issue.

      your second point is also a non issue as BSD went through that crap already and came up rosey and free-n-clear. SCO ..CANT.. screw with BSD.

      although simply hiring hitmen to kill the Entire SCO management team would be better and get you less of a prison term than sharing mp3's.

    14. Re:This is what I've been saying. by eric76 · · Score: 1
      So if someone else's copyright or patent DOES get into Linux or OpenBSD, then they can sue YOU for using it w/out a license.

      I'm curious if that is actually true.

      What instances have there been where someone has purchased or otherwise legally acquired any kind of copyrighted work from someone with the authority to sell that work which was subsequently found to contain copyright violations and for which the purchasers had to destroy, return, quit using, or license the work?

      I think that if you buy a copyrighted work where there is reason to be suspicious of it's legitimacy, you may be required to do something.

      But not where you bought it from someone who had every apparent authority to distribute it.

      At least one legal scholar, Eben Moglen, a professor of Law at Columbia University, is saying that copyright law applies to the act of copying a work, not to the use of the work:

      Users don't need a license to use copyrighted programs anymore than they need to pay a copyright fee before reading Gone with the Wind.

      If there is any such problem for the users, I think that it is going to have to be from somewhere besides Title 17.

      It seems that SCO's FUD is not only designed to scare users into paying them for licenses they almost surely don't need, but to rewrite U.S. law as well.

    15. Re:This is what I've been saying. by Anonymous Coward · · Score: 0

      Yep, look at that Gartner quote again, they're telling people to consider "whether Unix or Windows will provide functions equivalent to those of Linux deployments".

      That's the sort of thing that makes an impact. Instead of being asked to consider whether Linux can provide the same functionality as Unix or Windows they're being asked to consider whether Unix or Windows can match Linux. It's subtle but it's the sort of thing that sinks in.

      There may be problems with Linux so you may have to use Unix or Windows instead. Okay, the problems have been resolved now, no need to make do with second best anymore ;)

    16. Re:This is what I've been saying. by Anonymous Coward · · Score: 0

      There's nothing to stop OSS developers from offering the same protection. In fact, I just added an indemnity clause into both of my CPAN modules. If you use them, and they turn out to be stolen, I'll cover your liability.

      I guarantee it!

    17. Re:This is what I've been saying. by YU+Nicks+NE+Way · · Score: 1

      Moglin is full of sh...I mean, he's being disingenous. How did you get the binary onto the computer in the first place? You copied it onto that machine's storage, of course. That copy, right there, is infringing.

      The DMCA contains an expemption for installation of software. That exemption is carefully tailored, though: it only applies to software which you have obtained legitimately. If the person from whom you got the original installation media didn't have a license to distribute them, then that exemption doesn't apply. It's a situation of "buyer beware".

    18. Re:This is what I've been saying. by limekiller4 · · Score: 1

      mjh writes:
      "The problem is that there's no one that's doing this in the open source/free software world. So if someone else's copyright or patent DOES get into Linux or OpenBSD, then they can sue YOU for using it w/out a license. Generally, I think we are pretty well convinced that SCO's case has no teeth. But that's not the problem. There may be some other case out there that *does* have teeth, and there is no one to indemnify the user of Linux/OpenBSD in the event that something that's copyrighted accidentally got into the code. "

      Buy indemnification insurance.

      I am not in the industry so I don't know if such a beast exists but if there is a need, trust me, someone will insure you against it.

      --
      My .02,
      Limekiller
    19. Re:This is what I've been saying. by johnnyb · · Score: 1

      I think GNU's quiet because their code isn't at stake. It's hard to do anything when you don't have an interest. GNU can't sue SCO - they have no stake. When GNU has a legal stake that they can use, I'm sure they will do something.

    20. Re:This is what I've been saying. by eht · · Score: 1

      BSD already had it's day in court, it is one of the reasons Liunx came to be about in the first place, Linus wanted a home grown UNIX but the BSD based group was in court and its future uncertain so he decided to write his own from scratch.

    21. Re:This is what I've been saying. by Anonymous Coward · · Score: 0

      This is not a problem. Free software is not a product desgined for sale and support. it is source code, simple and plain. If you decide to use it, then you need to be sure it's okay to use, or accept the risk, because it is YOURS.

      If you prefer to acquire your free from a middleman that will protect you from issues such as this, then go find that person.

      Free software is simply code, that a person put together. If YOU don't trust it, then YOU don't use it.

      If you have a problem with this, then you should probably stick with your Solaris and Windows.

    22. Re:This is what I've been saying. by Anonymous Coward · · Score: 0
      hey, maybe it's time to get that HURD running...

      umm, mach speed ahead?

    23. Re:This is what I've been saying. by Rock+Ridge · · Score: 3, Interesting

      Indemnification solves the problem.

      If company 'A' wants to distribute some software,
      it can ease its customers' IP concerns by imdemnifying the customer against all IP claims.
      What that would do would make company 'A' responsible -- not company A's customer -- for any IP violation claims.

      The Plan 9 license requires this of a distributor.

      Microsoft has recently announced such an addition to its terms.

      Does the FSF indemnify its customers/users against such claims? I read something in the GPL about this, but as usual the GPL is fuzzy, with all its
      rationale and "freedom" rhetoric, which will probably PO any judge that has to read it.

    24. Re:This is what I've been saying. by croddy · · Score: 1
      $ su
      # mv /boot/vmlinuz-2.4.21 /boot/vmlinuz-2.0.0
      # mv /bin/uname /bin/uname~

      all fixed!

    25. Re:This is what I've been saying. by Anonymous Coward · · Score: 0

      Actually Microsoft is only promising to pay the purchase price of the software and no more.

      This means Linux has the same gaurantee!

      MS $100.00 = $100.00 refund
      Linux $0.00 = $0.00 refund

      But with Microsoft you are out the money unless you get sued!

    26. Re:This is what I've been saying. by timeOday · · Score: 1

      Wow, that precedent really doesn't bode well for Linux at this point! I never imagined some irrelevant old has-been company could come from nowhere and cause so much trouble with accusations that - at least so far - are ungrounded.

    27. Re:This is what I've been saying. by Empiric · · Score: 2, Insightful

      You're making a very significant assertion that the end-users of a technology can be sued if some other company has appropriated others' IP into it.

      You have not provided any legal precedents for this assertion; until someone does, I'm taking your comments much like Microsoft's "generous" offer of indemnity; building on hot air and implying a need for a protection I probably don't need at all.

      --
      ~ Whence do you come, slayer of men, or where are you going, conqueror of space?
    28. Re:This is what I've been saying. by Alsee · · Score: 4, Insightful

      Lets look at the text of the law:

      Notwithstanding the provisions of section 106, it is not an infringement for the owner of a copy of a computer program to make or authorize the making of another copy or adaptation of that computer program provided:

      (1) that such a new copy or adaptation is created as an essential step in the utilization of the computer program in conjunction with a machine and that it is used in no other manner


      If I buy a copy of a program and install/run it that provision applies. The fact that the person selling it commited copyright infringement does not change the fact that I bought the program and I have a right to use it. Only the person distributing copies may be infringing copyright. Just like I have the right to read a book I bought even if the person who sold it to me commited copyright infringment in making it. Someone ELSE broke the law in distributing it, but I am not breaking any law in receiveing and using it. There is no way a person buying a product can be legally expected to know whether it was produced legally.

      Unfortunately I am not as familiar with patent law and cannot provide a link for that. But it is absurd to suggest someone who bought a CAR could sued for driving it just because FORD violated someone's patent.

      I'm really getting pissed off at courts and lawyers and congress saying we the law does/should apply differently whenever the word "computer" pops up. It's bullshit [pardon my french]. We do NOT need new and different laws to cover computers. The ordinary installation and use of a single instance of a program is not an infringement of someone's right to sell copies of their work. It in no way diminishes their market. It is the intended and required means of using that work. You are only infringing their rights if you install / use it on multiple machines at the same time.

      The word digital shouldn't appear in copyright law at all. A copyrighted work is covered no matter what form it is in. Hell, most of the time US copyright law mentions digital it is a completely redundant statement saying that the rules are the same for digital works. The few times they DO say the rules are different for digial should all be eliminated. Hell, ordinary TEXT is effectively a digital format. There's nothing analog about it. It is a string of discrete characters. There is nothing new about "digital copyright".

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    29. Re:This is what I've been saying. by grmoc · · Score: 1

      Actually, it is still more interesting since any 'stolen source ' is no longer source code once compiled, and as such, you are not distributing a copy of the source..

      You might be able to argue that it is a derivative work, however.

      IANAL, and it should go without saying that one shouldn't take (any) legal advice from Slashdot.

    30. Re:This is what I've been saying. by MrResistor · · Score: 1

      SCO has already said that it doesn't consider BSD clean. If everyone switches to BSD, where do you think SCO will focus it's attentions?

      I think they'd be in for a serious smackdown, but that doesn't seem to bother them any.

      --
      Under capitalism man exploits man. Under communism it's the other way around.
    31. Re:This is what I've been saying. by Alsee · · Score: 1

      the owner of that copyrighted code can claim that you are using their code without a license and can sue you for copyright infringement

      There is no such thing as a licence to "use" something. Doesn't exist.

      US law specificly states that if you buy software then you are not commiting infringement by installing and running it.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    32. Re:This is what I've been saying. by rusty0101 · · Score: 1

      Apparently you have not been reading the stories that have been being referenced here. Might want to go back to This story and follow the thread "SCO Hates BSD Too."

      --
      You never know...
    33. Re:This is what I've been saying. by MrResistor · · Score: 1

      Unfortunately I am not as familiar with patent law and cannot provide a link for that. But it is absurd to suggest someone who bought a CAR could sued for driving it just because FORD violated someone's patent.

      That's one of the fundamental differences between patent and copyright. You do not need to pay royalties to use a copyrighted work, but you do need to pay them to use a patented device. In fact, MS got bitten by that recently: they never bought a license to distribute some patented technology they used in their implementation of SQL, and the company that owned the patent decided to go after the users instead of MS directly.

      --
      Under capitalism man exploits man. Under communism it's the other way around.
    34. Re:This is what I've been saying. by rusty0101 · · Score: 1

      As far as the first point goes. The fact that this developer has a BSD based machine that he can migrate to is wonderful in my opinion.

      Exactly how many of the people running Linux, that he is recomending create a similar setup, 1) have the available hardware to do so, and 2) should expect all the bleading edge software they have been running on Linux will run on BSD?

      This is not saying that having a fallback plan isn't a good idea. I just don't happen to think that everyon should consider this to be the only option.

      -Rusty

      --
      You never know...
    35. Re:This is what I've been saying. by r4lv3k · · Score: 1

      Aren't they comparable in terms of performance and scalabiity?

    36. Re:This is what I've been saying. by Anonymous Coward · · Score: 0

      GNU doesn't have any stake in GNU/Linux? Isn't that interesting...

    37. Re:This is what I've been saying. by kardar · · Score: 1

      If we get to a point where we act like courts don't exist, and try to get through life without them, that's probably all fine, but courts and legal systems are a part of life and cowering in the corner in fear of them (your tax dollars support them) makes no sense at all.

      It does not appear to be the case that there is any reason anyone has to worry about using Linux.

      Judging from the options - buying a license for a different product - could someone like Sun offer me a Linux binary rights too?? -- end users have not necessarily, in a historical sense, purchased their licenses to use UNIX from AT&T, but they have bought them from Sun, or HP, or IBM... could I get a "linux license" from HP?

      Buying a "linux license" at this point in time would be a mistake. Not to mention that it goes against the GPL. The only option is to either use Linux or not use it. The SAFEST thing is to not use Linux at all, if you are of that mental pre-disposition to be cowardly. Paying someone else a license to use a product that they have no right to license to you is not an option. Not that there isn't a possibility that there may have been some IP problems (I doubt it) - but even if there are IP problems (I doubt there are) - that gets resolved later, in a different way. It's not a viable option - SCO may not be the only one doing the suing. (likely).

      If Linux is to survive, there will be no "linux licenses" from UNIX vendors allowed. You can't do this. That's not what Linux is all about. You may very well open yourself up to lawsuits from other individuals and groups if you do try to license Linux in any other way other than the GPL.

      Despite what many of these people think, this event is going to increase Linux's popularity tenfold. Linux is soon going to become the most popular operating system in the world.

    38. Re:This is what I've been saying. by 16K+Ram+Pack · · Score: 1
      But that black eye is making Linux visible.

      And plenty of companies are still using it. Either they don't know about SCO, don't care or believe that it's a load of BS.

    39. Re:This is what I've been saying. by axxackall · · Score: 1
      simply change the OS to BSD

      That's exactly what they (SCOX, MSFT, SUNW) wabt you to do. If enough people will switch to BSD, then (1) overall Linux "temperature" will go down, (2) some will notice that BSD is not as good as Linux and will go over it to Windows or Solaris or Unixware. Later they (SCOX, MSFT, SUNW) can easily do something similar to kill the rest what's left of BSD and finally they will attack IBM.

      If you really want to help Linux - don't switch to BSD! Keep your Linux plans as they were before all this SCO propaganda. And under any circumstances - never trust Gartner! They were always sold to Microsoft and we already know that MSFT is behind this SCO lawsuit (along with Sun).

      Personally, I trust IBM in this deal. They have invested billions to Linux and they know what they are doing. SCO is trying to make last possible deals before the final death (merge or acquisition). Sun sees a threat from Linux (and that's IMHO stupid - Linux works fine on Sparc!). Microsoft is trying to change something before The Next Big Thing - before the MSFT stock buble will blow up in a same way as dot-com did.

      --

      Less is more !
    40. Re:This is what I've been saying. by Lumpy · · Score: 2, Interesting

      If you really want to help Linux - don't switch to BSD! Keep your Linux plans as they were before all this SCO propaganda.

      Nice in theory... bad if you want to eat and keep your home.

      I am the Linux Guru, if they eliminate linux in my workplace, then they hand me a box and ask me to clean out my desk.... something that sucks.

      I have been changing my image from "linux guy" to "Unix Guy" I have backup plans to foil any of corperate's attempts to remove linux and keepy my projects and job going. They have tried before, and I simply slowly switched them back to linux.

      I have a Backup BSD plan.... BSD doesnt sound like linux so it makes lawyers and the really dense executives happy if it comes to that... Otherwise I'll need to look at porting MySQL, PHP and apache to BeOS if they wont pony up for solaris if BSD becomes a bastard.

      --
      Do not look at laser with remaining good eye.
    41. Re:This is what I've been saying. by Alsee · · Score: 2, Interesting

      That's one of the fundamental differences between patent and copyright. You do not need to pay royalties to use a copyrighted work, but you do need to pay them to use a patented device.

      I think it's the person making the devide (or code) who is "using" the patent. If my car contains a patented fuel injector it is Ford who violated the patent. If my operating system contains a patented whatever it is Microsoft who violated the patent.

      Ugh. I can't belive I just said that. Software patents are an abomination and shouldn't exist. But so long as they do exist I stand by that argument that the end customer isn't the one violating them.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    42. Re:This is what I've been saying. by Thing+1 · · Score: 1
      [...] I'd say that Linux has a whole bunch of black eyes from this and it will still be a few years before it gets to court.

      It's been said that "With enough eyeballs, all bugs are shallow." (Linus Torvalds).

      So... SCO may blacken some of those eyes, but there will be many more that are left untarnished. Yes, SCO is giving Linux many black eyes, but this is the height of the "then they fight you" phase that Gandhi spoke of. I predict the fight will get dirtier before the "then you win" phase.

      (Aside: I've wanted to short SCO since they were at 9. Good thing I don't have any money left! 1/2 ;-)

      --
      I feel fantastic, and I'm still alive.
    43. Re:This is what I've been saying. by Anonymous Coward · · Score: 0

      I agree -- commercial companies would love to see a move towards BSD:

      + BSD is about 3 years behind Linux in the scalability department.

      + BSD has none of the applications that makes Linux a threat in the enterprise. It doesn't even run Oracle, and it even barely has Java!
      (No, Microsoft doesn't care how well it runs sendmail and Apache)

      A mass migration to BSD would buy commercial OSes a good 5 years.

    44. Re:This is what I've been saying. by YU+Nicks+NE+Way · · Score: 1
      Not quite. Look carefully at the first part of Section 107.
      Notwithstanding the provisions of section 106, it is not an infringement for the owner of a copy of a computer program
      The key word is "owner". You are not the owner of an illegal copy of a computer program. You are a person who is in the possession of misappropriated goods.
    45. Re:This is what I've been saying. by Alsee · · Score: 1

      If I buy a Harry Potter book from my local bookstore and later find out they printed up their own copies without a licence it doesn't change the fact that I own the book I bought.

      I bought it I own it.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    46. Re:This is what I've been saying. by Dave2+Wickham · · Score: 1

      I know, IHBT and all that, but this is about Linux. The kernel. Y'know? Just Linux.

    47. Re:This is what I've been saying. by Doomdark · · Score: 1
      The problem is that there's no one that's doing this in the open source/free software world.

      I vaguely recall there having been some companies in OSS world that were planning to solve this problem, like, almost a decade ago. I think one such company was called "Red Hat", and there were others too. Wonder if they might still be around?

      Not everyone rolls up their own kernel from sources you know. There are companies whose main product IS that "warm fuzzy feeling" related to idea of having someone to blame in case of problems.

      --
      I like paying taxes. With them I buy civilization -- Oliver Wendell Holmes
    48. Re:This is what I've been saying. by Doomdark · · Score: 1
      plans to foil any of corperate's attempts to remove linux and keepy my projects and job going.

      I would also suggest additional plan C that includes learning how to use spellchecker... :-)

      --
      I like paying taxes. With them I buy civilization -- Oliver Wendell Holmes
    49. Re:This is what I've been saying. by boots@work · · Score: 1

      The GNU people have seemed a little passive on the issue too. How long will it be before SCO "finds" proprietary code in various GNU sources?

      The Free Software Foundation has for years had a position that all code donated to their projects must have a written and signed copyright assignment. If you work for company, they have to sign it too.

      One reason for this is that if there's any allegation of infringement, the FSF can claim to have made a reasonable effort to prevent it. When the infringing code is pointed out, they'll know who sent it in, and that person is liable. In this case, it might well prove that Caldera/SCO contributed the code in question.

      This makes contributing to their projects more hassle than just firing off a patch to somebody else. You have to wait for a piece of paper to physically reach the FSF in Massachusetts and be processed by their clerk. However it may turn out that their caution is justified.

      However it's not a perfect protection: SCO haven't produced any evidence, and so counter-evidence is of limited use. Knowing who wrote every line of code is litte help if SCO won't say which lines they dislike. And all the evidence and legal strength in the world won't help against somebody spewing FUD.

    50. Re:This is what I've been saying. by Angry+Pixie · · Score: 1

      The anonymous coward made an interesting implication. It's GNU/Linux... okay, maybe not. I don't think it is, but GNU does. That makes GNU a party to this issue. It's good to hear that GNU has that filing process as extra imdenification insurance. But what if SCO decided to argue that the Linux kernel was resultant from reverse-engineering or stealing copyrighted property and that GNU's tools were involved? SCO could then go for a DMCA-based claim against GNU.

      This is surely grabbing at straws, but somehow I wouldn't put it past SCO to try this. Poisoning the well seems right up their alley.

    51. Re:This is what I've been saying. by andrewski · · Score: 1

      No, not really. Linus thought it'd be good to soup up his home-cooked terminal software. Eventually this grew to a nearly complete UNIX re-implementation.

    52. Re:This is what I've been saying. by Anonymous Coward · · Score: 0

      In the UK, if you buy a car through a dealer, and it turns out to be stolen, you lose the car and your money. The dealer gets done too, and you might be able to sue the dealer, but you do lose the car.

    53. Re:This is what I've been saying. by gowen · · Score: 1
      It's GNU/Linux... okay, maybe not. I don't think it is, but GNU does.
      You totally misunderstand. GNU doesn't think the kernel (where the supposedly infringing code lives) is GNU/Linux, they think thats Linux, and Linus' to do with what he likes. They think the system made up of the Linux kernel and the GNU tools/shell/compiler constitute a GNU system based on a Linux kernel, or GNU/Linux for short. That's all.
      --
      Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
    54. Re:This is what I've been saying. by Anonymous Coward · · Score: 0

      Yes, but Linus never would have bothered had 386BSD been available and clear of legal threats at the point that he started to expand his terminal software. He would have just run a news reader on BSD.

    55. Re:This is what I've been saying. by johnnyb · · Score: 1

      That's right, they only have a stake in the GNU part. The reason it's called GNU/Linux is because the Linux is from a separate organization. Had it been their own kernel, they would just call it GNU.

    56. Re:This is what I've been saying. by mjh · · Score: 2, Interesting
      I'm not alone in this assertion. Here is a reference, which contains the following quote:

      For example, if someone prior to the current end user made changes to the OSS code that infringe on a third party's patent, the patent holder could assert claims against the end user, even though the end user had no knowledge of the patent infringement... While the legal import of the Novell assertions and the SCO response to those allegations is unclear as of this writing given that SCO curiously did not allege copyright infringement in its lawsuit, it is clear that the story is not yet over and that there are many very interested parties who are more than willing to publicly wrangle in this high-stakes battle.
      --
      Key to financial independence: Spend less than you earn. Save and invest the difference. Do it for a long time.
    57. Re:This is what I've been saying. by mjh · · Score: 1
      This is not a problem. Free software is not a product desgined for sale and support. it is source code, simple and plain. If you decide to use it, then you need to be sure it's okay to use, or accept the risk, because it is YOURS.

      Yes, but that's exactly the problem. Businesses make decisions based on risk. Every business is in the job of managing risk. Now, it's suddenly more risky to use Linux, because there's no one to sue.

      --
      Key to financial independence: Spend less than you earn. Save and invest the difference. Do it for a long time.
    58. Re:This is what I've been saying. by YU+Nicks+NE+Way · · Score: 1
      I bought it[;] I own it.
      True, but irrelevant.

      Consider this case: someone purports to sell you a watch. It later turns out that the watch was stolen, and it is impounded by the police, and returned to its "real" owner. If you had bought that watch, then, yes, you'd own it, and the cops couldn't do that. Problem is, you see, that you did not "buy" the watch. The person who took money from you in exchange for the possession of the watch neither owned it nor had a contract to transfer ownership. He or she could not, therefore, sell it to you.

      In the case of the counterfeit HP book, the same argument applies. The bookseller did not have the authority to sell you the book, and so you don't own it. It's arguable that if you own the atoms which comprise the book (although that would be harder to argue than you think), but you certainly don't own that arrangement of those atoms, and you don't have a valid license to make a copy of the information that arrangement encodes.

      The impress of the (allegedly) illegal copy of Linux has exactly the same properties. You own the disk, but you don't own that arrangement of atoms on the disk. You don't have the right to have it.
    59. Re:This is what I've been saying. by Alsee · · Score: 1

      This issue is exactly why the word "property" should never be used in conjunction with "copyright". Thinking "property" inevitiably leads to erroneous conclusions about copyright. The law clearly distinguishes between the rights of copy and the rights of property. They are VERY different, and you'll see that justice is better served through that difference.

      It later turns out that the watch was stolen, and it is impounded by the police, and returned to its "real" owner.

      Yes, there are specific laws about returning stolen goods to the owner. The law does not deprive an innocent person of his property lightly, it takes an overriding interest to justify it. There is an overriding interest in returning a stolen item to the original owner, he has at least as strong of a claim to possessing it as teh buyer. Given no other choice the law seizes the property from the buyer and compensates him with financial damages against the theif for the purchase price.

      The innocent victim gets his property back. The innocent buyer is a bit screwed losing his property, but it's almost fair because he gets his money back. The thief goes to prison AND he loses the money he had no right to receive. Justice is served.

      However a copy that was made in an infringing manner is not stolen goods, and the object the infringing copy is printed on is not stolen goods. There is absolutely no right for a copyright holder to have the sold object "returned" to him. The only interest the copyright holder might have in the purchased object is in the potential to make a sale to that buyer, and that interest is effectively nullified buy his right to financial compensation for that copy from the infringer. There is absolutely no interest whatsoever in seizing the innocent buyers property from him, much less an overriding interest. Therefore there is no law to do so.

      The innocent buyer keeps his property. The guilty infringer pays damages. The victimized copyright holder has been compensated by those damages. Justice has been served for all involved.

      In a sense you could say the infringer paid the copyright holder the proper fee to make the copy legitimate.

      If the innocent buyer were to be deprived of his property equity would demand that the infringer compensate him with damages of the purchase price. The infringer would have to pay both, and no such law exists.

      It's arguable that if you own the atoms which comprise the book

      Explained above...

      but you certainly don't own that arrangement of those atoms

      There's no such thing as owning an arrangement, but I do have the right to my property and I have a protected right for it to be in the whatever condition/arrangement it is in. Someone interefering with that right would be commiting vandalism or similar.

      and you don't have a valid license to make a copy of the information that arrangement encodes.

      I never claimed any such right/licence. That is valid copyright protection. Of course I do have the right to any copying that is covered by fair use.

      And if the copyright in question is software I can give a link to explicit law stating that I have the right to "copy" it onto a computer and run it.

      I admit there are complex issues involved and there are some groups (like SCO) who will bring out an army of lawyers to abuse and twist the law whenever the word "computer" pops up, but the law should be exactly the same whether computers are involved or not. There is absolutely NO way you could ever sue someone for copyright infringement or patent infringement for driving a car just because Ford put in a patented fuel injector or copyrighted dashboard artwork. The driver is innocent and owns the car, Ford is liable.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    60. Re:This is what I've been saying. by MrResistor · · Score: 1

      I think it's the person making the devide (or code) who is "using" the patent. If my car contains a patented fuel injector it is Ford who violated the patent. If my operating system contains a patented whatever it is Microsoft who violated the patent.

      Ugh. I can't belive I just said that. Software patents are an abomination and shouldn't exist. But so long as they do exist I stand by that argument that the end customer isn't the one violating them.


      You can think that all you want, but you're wrong. Perhaps you can argue that this is how it should be, but the law, and legal precedent, disagree with you.

      Copyright applies only to the expression of an idea. Patent applies to the idea itself. That's why anyone using a patented device without permission is liable, not just the person who produced or distributed it.

      In fact, that's exactly what happened to MS. They had the rights to produce a product using the patented technology, but they did not have the right to give end-users the right to use it. Normally the patent holder would have just gone after MS and made them pay for all the end-user licenses, and that's why you rarely hear about this sort of thing happening. In this case, though, MS made it clear that they would bury them if they tried that, so the patent holder went after the end-users directly.

      Everything you're saying is true for copyrights. DO NOT make the mistake of thinking that patents (or trademarks or trade secrets) work the same way just because they're all lumped toghether under the blanket term "Intellectual Property".

      --
      Under capitalism man exploits man. Under communism it's the other way around.
    61. Re:This is what I've been saying. by Angry+Pixie · · Score: 1

      Oh okay. Then I'm probably wrong in thinking that GNU could be targetted by SCO.

    62. Re:This is what I've been saying. by eric76 · · Score: 1

      Bravo!

      You stated it very well.

      The odd thing is that in this case, copyrights are not even involved. Instead, it is a contract dispute between IBM and SCO in which SCO alleges that IBM released IBM's own code contrary to their contract.

      In the unlikely event that SCO should prevail, their sole satisfaction will have to come from IBM. The individual and corporate users of Linux would not have caused SCO to suffer any damages at all. Barring any licenses with SCO, they would have no duty to SCO.

      Maybe that's why SCO is trying to push licenses from corporate users. If the corporations sign restrictive licenses with SCO, then those licenses might remain in force even after the case is shown to be completely lacking in substance making those corporations who sign the licenses liable to SCO for all future use of Linux.

      Maybe it's about SCO gaining market share through a very strange approach to marketing and not an attempt to get money from IBM after all.

      I wonder if SCO could devise a license that forbids anyone who signs it to ever purchase any Unix or Linux from anyone else but SCO.

  3. Can't just ignore this by ByTor-2112 · · Score: 4, Insightful

    Whether or not the Linux crowd believes these allegations, someone within the community needs to take some serious time and legal effort to address these concerns. Ignoring or laughing at them won't make it go away, and I can easily imagine every corporate lawyer type calling up the CIO/CTO and saying "halt all linux deployments NOW!" As a BSD-ite I can sympathize and say that the sooner you get this over with the better.

    1. Re:Can't just ignore this by Master+Bait · · Score: 1

      Sure, people can't ingnore this, but tell me which kernel developers depend on corporate acceptance, marketshare and all that other commercial crap?

      --
      "Only in their dreams can men truly be free 'twas always thus, and always thus will be."
      --Tom Schulman
    2. Re:Can't just ignore this by deander2 · · Score: 4, Insightful

      > someone within the community needs to take some
      > serious time and legal effort to address these
      > concerns.

      there are many in the community who would LOVE to do this, myself included (IANAL tho). but in order to do so, we need some sort of actual, specific complaint from SCO. until they start doing anything besides blowing smoke up people's asses, we have nothing to actually address!

      other than the rude behavior of blowing smoke up people's asses. (which many people have addressed time and again)

    3. Re:Can't just ignore this by Asprin · · Score: 1


      other than the rude behavior of blowing smoke up people's asses. (which many people have addressed time and again)

      ....and unfortunately seems to be the point of most of these "news" articles. Wish I had mod points for +1 Insightful.

      --
      "Lawyers are for sucks."
      - Doug McKenzie
    4. Re:Can't just ignore this by kwerle · · Score: 1

      Whether or not the Linux crowd believes these allegations, someone within the community needs to take some serious time and legal effort to address these concerns.

      Nobody (real world CTO's) gives a crap what "people within the community" say about these allegations.

      Ignoring or laughing at them won't make it go away, and I can easily imagine every corporate lawyer type calling up the CIO/CTO and saying "halt all linux deployments NOW!"

      Because IBM and Oracle are sending out mixed signals about linux?

      As a BSD-ite I can sympathize and say that the sooner you get this over with the better.

      "Over with?" Are you kidding?

    5. Re:Can't just ignore this by Kismet · · Score: 4, Insightful

      This is a necessary and important step in how the future will play out. If Linux is materially hurt by SCO's allegations, then SCO might be held liable for those damages.

      Unlike the alleged damages that SCO claims, we can quantify and prove the sort of damage that is being done to Linux right now, just by pointing at the media and industry analysts.

      In the past, media and analysts never said "Hey, Linux is killing SCO," which is what SCO claims happened. But now we see all kinds of people clamoring about how SCO is killing Linux.

      Without solid proof of harm, Linux vendors, users and developers have little cause for action against SCO. Now that is changing, and SCO can start getting worried. We have more than allegations.

    6. Re:Can't just ignore this by Anonymous Coward · · Score: 0

      There are people in Vegas who pay good money to have smoke blown up their asses...

    7. Re:Can't just ignore this by Anonymous Coward · · Score: 0

      Whether or not the Linux crowd believes these allegations, someone within the community needs to take some serious time and legal effort to address these concerns.

      Funny you should mention this, while I think it's debateable that SCO is considered "within the community", they are doing exactly what you suggest: putting serious time and legal effort to address these concerns.

      SCO has all of the momentum at this point and IBM is remarkably silent in not prosecuting this case, either in the press or in the courts.

    8. Re:Can't just ignore this by WindBourne · · Score: 1

      This is the problem with corporations here in the USA. SCO is being backed by MS (and supposedly Sun). It is the perfect attack on Linux.

      SCO is absolutly lieing and will be called on it. But so what? If we sue and they lose, they simply declare chapter 7. How much liability is there for the true master minds on this? None. Absolutly none. MS, Sun, McBride, and I would guess Norda will walk away with literally millions, if not billions. MS and Sun are simply hopeing that this will last long enough to prevent the change over or slow it down to give them time to work.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    9. Re:Can't just ignore this by Anonymous Coward · · Score: 0

      If the acceptance and success of Linux hinges on what IBM and Oracle say about it, the revolution has already been lost.

      Say what you like. It's the truth.

    10. Re:Can't just ignore this by Anonymous Coward · · Score: 0

      If Linux is materially hurt by SCO's allegations, then SCO might be held liable for those damages.

      By whom? "Linux, Inc?"

      Maybe, maybe Red Hat might have a claim. Maybe. But it wouldn't be a particularly strong one.

    11. Re:Can't just ignore this by MacGabhain · · Score: 1

      Standard IANAL, however a specific complaint (as in, a filed legal action) would be the one thing that SCO could not be sued over regardless of the claims made. Statements made in a suit are not actionable.

    12. Re:Can't just ignore this by stwrtpj · · Score: 1
      Whether or not the Linux crowd believes these allegations, someone within the community needs to take some serious time and legal effort to address these concerns. Ignoring or laughing at them won't make it go away, and I can easily imagine every corporate lawyer type calling up the CIO/CTO and saying "halt all linux deployments NOW!" As a BSD-ite I can sympathize and say that the sooner you get this over with the better.

      Unfortunately, not very much can be done -- AND have it be taken seriously -- until someone's bottom line is threatened. Yes, perhaps individual Linux hackers and kernel maintainers can sue, but unless it can reach class-action status, it won't show up on the radar.

      You can be sure that companies like Red Hat are keeping VERY careful track of the number of purchases their customers are making. And if a customer suddenly stops buying from them, or abruptly cancels deals with them, you can be damn sure they're going to investigate the reasons why, and if SCO's name comes up, expect them to start making legal noise.

      And if IBM is the one that starts losing either Linux or AIX contracts, expect that noise to be deafening, thundering roar.

      --
      Karma: Frotzed (mostly due to the Frobozz Magic Karma Company)
    13. Re:Can't just ignore this by dytin · · Score: 1

      Well then, what we really need to do is blow smoke up Daryl McBride's ass, you know give him a taste of his own medicine. We need to dig up any dirt that we can find on him. Has he ever cheated on his wife? Has he ever rented a porno? Was he ever caught cheating on a test? And, if he hasn't done any of these things, then we should just make up our own claims. I don't like to do this type of things to people, but he's really left us with no choice in the matter.

      I'll start now:
      I heard that Daryl McBride wears women's clothing every Saturday. I have proof, but I'm gonna wait a few months to release it. In the meantime, just believe that I am right.

    14. Re:Can't just ignore this by Anonymous Coward · · Score: 0

      > Sure, people can't ingnore this, but tell me which kernel developers depend on corporate acceptance, marketshare and all that other commercial crap?

      Alan Cox, et all, at Red Hat Linux. At least if they want to keep being employed by the RHL we know that's trying very hard to sell to the very folks most likely to get spooked by all this nonsense.

    15. Re:Can't just ignore this by TheDarkener · · Score: 1

      One word: Discredit.

      This might seem like a childish, unprofessional route to clear GNU/Linux's good name, but when you're talking about going up against a company such as SCO, which is trying to discredit the entire GNU/Linux/OSS concept, this might be necessary. What can we, the herds of nerds do? Submit press releases that discredit SCO so people won't believe what SCO says. WE already know what tactics SCO has done in the past, but Joe CEO doesn't. We need to fight back in the way that we know will work - with the same fire that SCO is using right now (only ours is justified). Spread the word to major news outlets (Preferably the same ones SCO is using) siting multiple, FACTUAL evidence that SCO is not to be trusted based on their previous actions as a company. Do it professionally, do it the right way. Let the masses that are being convinced by SCO know that SCO isn't a company you should trust or believe in any way, shape or form. Think Enemy of the State.

      Again, do this LEGALLY, PROESSIONALLY, and through the right channels, so Joe CEO, reading cnn.com in his private office will look at it and say "Wow, this isn't a tabloid article, this really makes sense! Maybe I shouldn't delay our Linux deployment because of these bozos!"

      --
      It is pitch black. You are likely to be eaten by a grue.
    16. Re:Can't just ignore this by vsprintf · · Score: 1

      Well then, what we really need to do is blow smoke up Daryl McBride's ass, you know give him a taste of his own medicine. We need to dig up any dirt that we can find on him. Has he ever cheated on his wife? Has he ever rented a porno? Was he ever caught cheating on a test?

      You're kidding, right? McBride was an executive for FranklinCovey, the company that convinces PHBs that they can turn employees into fawning, helpful little elves during a seminar (and oddly, they are also Utah-based). Only $250 (IIRC) per, um, victim - hey, great deal, and only $140 for the Leatherette keepsake notebook. And the message sticks like like paint on vinyl. Hey, I'm "sharpening my saw" by revealing this, Covey.

      McBride has sued companies he worked for after being fired. There is nothing more you can do to this guy's reputation. SCO is it. He has nothing to lose.

    17. Re:Can't just ignore this by unoengborg · · Score: 1

      Probably a bad idea. This would mean that the SCO name got even more exposure. We should respond with facts whenever SCO makes some noises, but not aggressively. Look at the way IBM handles SCO FUD tactics and you see what I mean.

      It would probably be better to discredit Linux alternatives. E.g. point out Microsoft may have patent problems in their DRM technology that is the basis of their "trusted computing". That way PHBs would have something else to be scared about.

      Besides FUD would work better on organizatons with a high population awareness, as the risk of waking sleeping dogs is far less. This is exactly what Microsoft discoverd when trying FUD against Linux.
      There was too many who asked, what's Linux. And there was a Linux community that could give good answers to that question.

      --
      God is REAL! Unless explicitly declared INTEGER
    18. Re:Can't just ignore this by Anonymous Coward · · Score: 0

      1.Linux gets a Gartner Group report that says 50 Billion in damages were inflicted on Linux.

      2. Linux sues SCO

      3. Profit!!! *

      ** to be distributed amongst linux users in the spirit of the GPL of corse :)

    19. Re:Can't just ignore this by anwaya · · Score: 1

      There's more. No-one ever said "Linux is killing Caldera": we must remember who we mean when we say "SCO". We are talking about a company established as a Linux distributor, which bought some as-yet-undetermined, and considerably diluted, rights from Novell in 2001, and continued to offer commercial products derived from Linux under the GPL until this year.

      If this is lost on the IBM IP attorneys, I'm ready for my scholarship.

    20. Re:Can't just ignore this by cfish · · Score: 1

      Please everybody listen to me. We should play to our strengths. We're good coders, not lawyers. Linux is made by hackers, not lawyers. Lawyers won't save Linux; hackers will.

      I say we rewrite the entire block of code (I believe it is SMP?) from the version they have identified to be contaminated. We will be able to rewrite things and merge the rest much FASTER than the court system.

      Heck, maybe we can even borrow the code from BSDs.
      Let's just put some effort to rewrite the whole lot and let SCO rot in hell.

  4. No big surprise by MaxwellStreet · · Score: 5, Interesting

    Whether they've been paid off, or are inordinately conservative, Gartner has always been something of an advocate for Microsoft technologies.

    Given that Linux is finding more and more of a role in replacing Windows-based servers, it should come as no surprise that Gartner would come up with something like this.

    Problem is, this sort of thing gives C*O's, already wondering about SCO & Linux liabilities, reason to delay or reduce Linux adoption in their enterprise.

    1. Re:No big surprise by Multimode · · Score: 2, Informative

      I wouldn't quite say that Gartner has always been an advocate:

      http://www.eweek.com/article2/0,3959,35671,00.as p

      --
      Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.
    2. Re:No big surprise by Anonymous Coward · · Score: 0

      Paid off? Are you on crack?! If Gartner is such a huge M$ advocate, what is your response to this story?

    3. Re:No big surprise by Anonymous Coward · · Score: 0

      Problem is, this sort of thing gives C*O's, already wondering about SCO & Linux liabilities, reason to delay or reduce Linux adoption in their enterprise.

      Does that include CorporateMOFO's?

    4. Re:No big surprise by Anonymous Coward · · Score: 0
      Gartner has always been something of an advocate for Microsoft technologies.

      Just a reminder - this is the same group that advised people not to use MS IIS (basically because it's a bug-ridden piece of crap). So they don't always advocate M$.

    5. Re:No big surprise by u-235-sentinel · · Score: 1

      If SCO doens't get all that it wants from this foolishness then I say all Linux users sue SCO back to the stoneage and be done with them.

      This is after all interfering with the development of a product by making unvalidated statements.

      --
      Has Comcast disconnected your Internet account? Same here. You can read about it at http://comcastissue.blogspot.com
  5. Gartner Group is it even relevant? by figleaf · · Score: 1, Troll

    Does any company pay attention to Gartner Group groups recommendations?

    1. Re:Gartner Group is it even relevant? by spoonyfork · · Score: 2, Insightful

      Does any company pay attention to Gartner Group groups recommendations?

      Yes.

      --
      Speak truth to power.
    2. Re:Gartner Group is it even relevant? by sterno · · Score: 1

      Yes. Many of them. MBA's make themselves sound in the know about things by quoting what Gartner says.

      --
      This sig has been temporarily disconnected or is no longer in service
    3. Re:Gartner Group is it even relevant? by meshko · · Score: 3, Funny

      yes, we are switching to RedHat Enterprise because Garnder group told us so.

      --
      I passed the Turing test.
    4. Re:Gartner Group is it even relevant? by Anonymous Coward · · Score: 0

      Unfortunately, yes. I work for a large fortune 500 and we live and die by Gartner.

    5. Re:Gartner Group is it even relevant? by Anonymous Coward · · Score: 0

      well, my gardner recommended some grub control and some fertilizer to get rid of the crab grass.

    6. Re:Gartner Group is it even relevant? by Anonymous Coward · · Score: 1, Insightful

      I pay attention to them because they are good for laughs on a regular basis.

    7. Re:Gartner Group is it even relevant? by Anonymous Coward · · Score: 0

      Yes, unfortunately.

      Gartner is the company that got Gateway (and others) defined as a "Tier 1" manufacturer..

      Before that, Tier 1 mean guys draft and implement standards.. (like IBM... Tier 2 was guys that do their own manufacturing, such as AST, and Tier 3 were the guys who just built stuff out of components made by other people..)

      Then Gartner came along, and decided that a "better" way of rating computer companies was to use how many $ they made.. (Which, of course, companies like Gateway and Dell just loved, because it meant that they could claim to be like IBM..)

    8. Re:Gartner Group is it even relevant? by Anonymous Coward · · Score: 0

      Yes! I reduce my total cost of ownership with Web Services and the Zero Touch Enterprise! Don't you?

    9. Re:Gartner Group is it even relevant? by Anonymous Coward · · Score: 0

      yes. idiots listen.

      "1 million plus this budget year" in cisco switches/routers/ip/emc sans/documentum

      while canning a bunch of people, other valuable ones left on their own accord.

      all going on at a 500 person company.

      they deserve what they get. the top executives quote gartner all the time.

      they even have the special subcription

  6. Money by Anonymous Coward · · Score: 0

    I make a decent amount of cash on the side deploying linux boxes for local businesses. If they decide to go to Windows because of this lawsuit, would that be grounds for me to sue SCO as they're causing me economic harm?

    1. Re:Money by Anonymous Coward · · Score: 0

      No, as it's due to Linux not SCO causing you this harm (if these allegations are true). You could perhaps then try to get some money out of Redhat or IBM or whatever. SCO did not put you in this position, Linux did.

    2. Re:Money by molarmass192 · · Score: 1

      Yes it would. Make sure you have a solid paper trail and can backup your claims. If you can't demonstrate material harm, there's not much you can do. That's the problem with SCO's claims right now, they're all talk, no show. I could easily say SCO stole my IP for whizzlebangs, of course it's a lie, but there's nothing SCO could do about it unless it caused some material harm to them and they could prove it. The better alternative would be for SCO to take somebody to court over their IP claims, it's not likely to happen though since upon losing they'd be forced to shut up and the money tap would freeze up like a hose in winter.

      --

      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:Money by Anonymous Coward · · Score: 0

      Only if what they're saying is untrue and that they knew it was untrue.

  7. Where are the saviors? by paranode · · Score: 1, Redundant

    IBM or some other big powerhouse needs to get their lawyers on this one. Linux is getting raped by FUD here. Save us IBM!

  8. Gee.. what a surprise by Bob+Abooey · · Score: 4, Interesting

    These guys are shills for Microsoft. What do you expect them to say.

    Now then, given that, this could be the most brilliant ploy that MS has ever pulled off if they are indeed behind this whole SCO lawsuit.

    They can't fight Lunix like they could a regular company but they can fight it by litigation and things of that nature. Brilliant, just freakin brilliant.

    --

    All the best,
    --Bob

    1. Re:Gee.. what a surprise by Anonymous Coward · · Score: 0

      I guess the fact that Gartner suggested Unix escaped your fucking attention right? /. fucktards

    2. Re:Gee.. what a surprise by Trelane,+the+Squire · · Score: 2, Insightful

      yes, but most likely any users scared away from linux will go over to unix instead, not to MS. Atleast that's the way it looks to me... but hey, MS could be just trying to cause "division and confusion in the camp" if they are the ones behind this.

    3. Re:Gee.. what a surprise by Overly+Critical+Guy · · Score: 2, Troll

      How surprising that to you, everyone is a shill for Microsoft, and everything is a ploy by Microsoft. Oh, and people "can't fight Lunix like they could a regular company."

      This isn't 1998, dude.

      --
      "Sufferin' succotash."
    4. Re:Gee.. what a surprise by Allegro · · Score: 1

      Well, hello? Why do you think Microsoft has taken so long to try and squash GNU/Linux? Do you think said company was biding its time as GNU/Linux was eatting at the server market? I don't think so.

      And what does 1998 have to do with anything? You lost me on that one.

      --
      Don't let the lusers get you down.
    5. Re:Gee.. what a surprise by TedCheshireAcad · · Score: 1

      These guys are shills for Microsoft.

      The site www.gartner.com is running Netscape-Enterprise/6.0 on Solaris 8.

      uh huh...

  9. FUD by Exousia · · Score: 1

    And the FUD hits the fan. And M$ will be there to comform the mourners.

    --

    --Slashdot: News for Turds. Stuff that Splatters.
  10. gartner group... by bongoras · · Score: 2, Funny

    Gartner Group... aka.... Microsoft Public Relations.

    1. Re:gartner group... by meatpopcicle · · Score: 1

      Actually they have alerted people to not use Microsoft IS in the past. They have even gone so far as to say that until it is rewritten avoid it.

      --
      "You're on my side and the dark side, like Lando Calrissian?" --Gimpy, Undergrads
    2. Re:gartner group... by Xformer · · Score: 1

      Wasn't it a Microsoft rep, though, that said "If you want security, use Netscape", when the whole SSL thing with IE came up?

      --
      All I want is a kind word, a warm bed and unlimited power.
  11. Love the disclaimer! by TopShelf · · Score: 5, Funny
    * In the interests of balance, Register analysts strongly recommend that customers ignore all this shit on the grounds that one way or another it'll go away. Warning: The Register's analytical reputation can go down as well as up, and frankly we're not entirely sure about that "up".
    --
    Stop by my site where I write about ERP systems & more
    1. Re:Love the disclaimer! by UltraWide · · Score: 1

      I love it as well and I will abolutely read more from The Register in the future. They seem to be objective in their articles.

      --
      I really HAD another userid .. I promise!
    2. Re:Love the disclaimer! by Tyler+Eaves · · Score: 1

      I wouldn't really say OBJECTIVE. Cynical would be the word I'd use. That's a good thing...

      --
      TODO: Something witty here...
    3. Re:Love the disclaimer! by Tiresias_Mons · · Score: 1

      Well they are 'objective' if by 'objective' you mean 'agree with everything I think, so it seems 'unbiased''. If by 'unbiased' you mean 'agree with everything I think'.

      No media source is truly 'objective' or 'unbiased' all outlets have their own spin to put on stories. It just depends on what you see as 'the truth' whether or not the outlet is 'objective'...but I agree El Reg's disclaimer today was kickass. I laughed pretty hard. I love that site.

      --
      "But that's just my opinion, I could be wrong" - Dennis Miller
  12. Delay? by KillerHamster · · Score: 1

    Oops, darn it...too late for my computers, just replaced another Windows installation with Slackware last night. Just one left to go now! I guess I'm stuck with BSD...or I could just ignore Gartner. And SCO. Yep, that sounds good.

  13. Why? by BoomerSooner · · Score: 2, Interesting

    If you select the proper tools and decide in the future linux isn't for you, just recompile and move on.

    SCO will not affect linux at all. Hell my whole company runs on linux and I'm not switching a damn thing till something is proven.

  14. Gartner is useless by Anonymous Coward · · Score: 0

    Gartner is useless, I can get 10 times the amount of info and "industry analysis" that Gartner provides by reading /. and similar websites.

    The overhyped the dot com boom and caused it to crash. Then during the crash they worsened the situation by predicting the end of the world.

    What good is a company that offers no solutions?

    On their way out I wonder if they'll provide a report that listening to advice of Gartner is stupid.

  15. Gartner is so Baaaaaaddd by theolein · · Score: 4, Insightful

    I have this sneaking suspicion that Gartner has only survived up until now by maintaining the same level of stupidity common to your average PHB. I have a feeling that any company relying on Gartner for decent consulting information would just as well be served by reading CNN's tech section or simply going to the local microsoft webpage.

    1. Re:Gartner is so Baaaaaaddd by Anonymous Coward · · Score: 1, Informative

      I have this sneaking suspicion that Gartner has only survived up until now by maintaining the same level of stupidity common to your average PHB. I have a feeling that any company relying on Gartner for decent consulting information would just as well be served by reading CNN's tech section or simply going to the local microsoft webpage.

      This is so true. I just came out of a conference call with one of their "analysts." We were discussing a very specific technology and management has enlisted their analysts to do some research in the industry.

      This "analyst" starts off by saying they did a search on the web for the topic... right then and there I knew this whole conversation was going to be worthless.

      *I* can do a search on the web. It's amazing people make a living doing producing such crap. There may be some worthwhile people there, but everyone I've encountered is essentially a clueless idiot.

    2. Re:Gartner is so Baaaaaaddd by Esion+Modnar · · Score: 1
      ...Gartner has only survived up until now by maintaining the same level of stupidity...

      So... not surviving would be due to being smarter? Hmmm...

      --

      They say the first thing to go is your penis. Well, it's either that or your brain. I forget which...
  16. PHB by scrotch · · Score: 5, Funny

    The Gartner Group provide Pointy Haired Advice to Pointy Haired Bosses.

    1. Re:PHB by advocate_one · · Score: 1

      The Gartner Group provide Pointy Haired Advice to Pointy Haired Bosses.

      makes them feel comfortable by reinforcing their prejudices...
      --
      Donald 'Duck' Dunn: We had a band powerful enough to turn goat piss into gasoline.
    2. Re:PHB by Anonymous Coward · · Score: 0

      Sounds like a business opportunity in there:
      Why yes, I'm in PHA2PHB consulting.

  17. Looking too deep? by SkiddyRowe · · Score: 0

    Go Slow? no no no, that's why we're choosing Linux here, because we want to GO FAST, sure if you want to go slow, go with M$

  18. have to post by DenOfEarth · · Score: 1
    I have to post, as there are only eleven posts so far, but I have to say it's nice to see SCO news that's actually new.

    This is somewhat disturbing. Does anyone else think that every day that we continue going forth with Microsoft possibly taking up mindshare makes it more difficult to someday pull away from that?

    1. Re:have to post by Acidic_Diarrhea · · Score: 1
      As any company that has been stuck with MS Office can tell you, once you get into the Microsoft rut, it is difficult to get out. Companies have old files that can only be read by MS software and that is why they're stuck with MS. It shows a lack of foresight on their part not to have kept their files in a non-proprietary format but I think there's another issue here. People have grown accustomed to the environment of Windows and don't neccescarily want to have to learn a new way to change the desktop background or search for files. So when you present them with the option of a different operating system and tell them that its open source, more stable, and generally better - they look at you slack-jawed and say, "But I'm happy with Solitaire." On the other hand, if you tell them it's exactly like Windows except free, I think they'd be much more interested in it. (Speaking of Joe Sixpack here.) The point is that, yes, people are getting more and more locked in to Microsoft but with the right arguments, I think people will switch over. They may not want to know enough to understand all of the IP issues and the behavior by Microsoft that has been improper but they will love the price.

      The point is that hopefully this SCO stuff will eventually blow over. From there, getting Windows choked out, is a matter of understanding what the public wants and cares about.

      --
      I hate liberals. If you are a liberal, do not reply.
  19. Re:use *BSD by GoofyBoy · · Score: 1

    Is there are difference?

    Linux has been getting great publicity recently.

    IBM, Redhat and Oracle are just some of the business which have been pushing Linux.

    There are great applications which make Linux a serious desktop end-user AND server OS.

    All I'm saying is that BSD might not have had as much to lose from IP issues it was having.

    (I'm not saying anything technical about BSD vs. Linux but just the perception/publicity/popularity growth at certain points in their history)

    --
    The surprise isn't how often we make bad choices; the surprise is how seldom they defeat us.
  20. Boo!! Boo!! by Outland+Traveller · · Score: 2, Insightful

    Garter should know better. There's no sense is believing SCO when they have not presented any scientific* evidence. Clearly, Garter and any other so-called analyst should have a higher standard than "he said-she said". Totally ridiculous.

    * = able to be substantiated by an independent third party.

    1. Re:Boo!! Boo!! by BoredStiff · · Score: 2, Interesting

      We went to war with Iraq over "he said-she said" evidence - Why should Garter's standard's be any higher?

    2. Re:Boo!! Boo!! by Outland+Traveller · · Score: 1

      Sad but true.

  21. Who Paid Gartner? by JeffRC · · Score: 2, Interesting

    Gartner doesn't do any of these papers without somebody footing the bill. So the big question is who paid for this one? Microsoft? Sun? SCO?

  22. Damnit! by CodeMaster · · Score: 3, Interesting

    I'm in the process of fighting my way in corporate to make sure that my newest creation will get what it deserves (Oracle on Linux), and this is just the kind of FUD that I am getting from management.

    Stuff they hear (mostly from salesman and consultants that are M$ related and fear for their share of the pie once we start getting more Linux in) makes them ignorant, up to the point that I need to "re-evaluate" the OS descision because someone in the high places thinks that Win2K3 can do just as well.

    I am just looking for that one great example (big datacenter, lot's of transaction processed, solid Oracle/Linux integration with 0 problems) as a reference to stuff in their faces and finally go out and start installing...

    1. Re:Damnit! by mahdi13 · · Score: 1

      try Oracle they made that 'switch' and are pushing it themselves...

      --
      "Some things have to be believed to be seen." - Ralph Hodgson
    2. Re:Damnit! by opkool · · Score: 1

      One example?

      What about the whole friggin' Wall Street companies?

      RedHat + Oracle are running many critical parts of Merryl-Lynch, First Boston-Credit Swisse...

      Also, the German Parliament runs with Linux servers.

      And Banco do Brasil as well.

      And many, may others, including the US Army and the Hong Kong's HSBC

      What else do you need?

      Peace

    3. Re:Damnit! by PhilTR · · Score: 1

      Go to:
      http://www-1.ibm.com/linux/news/semiconductor .shtm l

      Should give you a lot of ammo.

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

      1. Windows 2003 *can* do just as well. On the same hardware, you won't be able to tell Oracle on Linux from Oracle on Windows.

      2. Microsoft indemnifies. There's no such indemnification to be had with Linux.

      3. Your bosses concerns are entirely legitimate. "Look how cool Linux is!" will not address them.

      4. Put down your agenda and do your job.

    5. Re:Damnit! by Sky+Lemon · · Score: 1

      You can find a few very interesting bits on massive OSS deployments at www.mysql.com. I remember seeing one for the U.S. treasury and another for some huge cable company. I believe they ran MySQL on Linux.

    6. Re:Damnit! by Ed_Moyse · · Score: 1
      I'm certainly no expert in this field, but as someone else has said, windows 2003 is new and untested, whereas linux is not. There is a very good reason why people are using Linux and not windows in the particular arena.


      And whilst his/her bosses concerns might be legitimate, that doesn't stop them being wrong, and being swayed by M$ fud. How useful is that indemnity in real life?

    7. Re:Damnit! by Anonymous Coward · · Score: 0

      windows 2003 is new and untested, whereas linux is not

      In case you've forgotten, Microsoft tests their products extensively. There is no organized testing of Linux, by anybody. Microsoft actively seeks bugs during development, while the Linux developers (whomever they may be) just fix 'em as they find 'em.

      And whilst his/her bosses concerns might be legitimate, that doesn't stop them being wrong

      Except--and this is the point, here, above all else--they're not wrong.

      How useful is that indemnity in real life?

      It's a legally binding document that says, "If anybody sues you, the end user, for any intellectual property claims related to our software, we'll take care of it." So I'd say it's pretty fucking useful.

      Linux, like all open source projects, is a giant open pit that anybody can toss anything into. This is not inherently a good or bad thing, but it carries with it certain advantages and disadvantages. The advantages have been enumerated here too many times already. But the disadvantages are incredibly important as well. Remember Tilly? There is a precedent for having whole chunks of allegedly open source code pulled *out* of release due to IP issues.

      It's just a matter of time, really, before it happens again. SCO's claim appears to be legitimate. (There's no evidence to indicate that it isn't.) If it is, that means the (temporary) end of free Linux. But even if it's not, the risk represented by SCO's claim is very real, and must be addressed.

      There's a difference between FUD and risk assessment, you know.

  23. Big Surprise by cubiceye · · Score: 0, Redundant

    Gartner is Microsoft's bitch.

  24. Opinion of paid whore? by mindlessrabble · · Score: 1

    What does it really mean? Did Gartner actually do an indepth legal search? Or did they rely on the opinions of "experts" who "magically" showed up at their door? Or did they rely on experts who owe much of their fees to competitors of Linux?

    1. Re:Opinion of paid whore? by KillerHamster · · Score: 1

      Does Gartner use Linux internally? Maybe they got a letter from SCO, freaked out and decided to warn everyone else.

  25. Poor recommendations. by grub · · Score: 2, Insightful


    "keep pursuing your Unix and Windows strategies."

    By "Unix" I presume they are referring to proprietary Unix. They fail to mention all the free *BSDs, etc, which tend to be under the radar of a lot of the suits. The choice then seems to be "Proprietary Unix or Windows.. Hmm we already know Windows and it runs on our existing hardware soo..." Smooth FUD, Gartner.

    --
    Trolling is a art,
    1. Re:Poor recommendations. by Anonymous Coward · · Score: 0

      and it runs on our existing hardware soo..."

      Existing hardware? Maybe + another CPU, double or triple the RAM and a faster HD.

  26. Actually by Bame+Flait · · Score: 1

    If the SCO lawsuit is proven to be spurious, you may have a chance. Your difficulty is going to be demonstrating malicious intent on the part of SCO (and its allies perhaps) to damage Linux and, as a result, those who rely on using Linux to make a living. This type of suit is best filed as a class-action, however, given who your opponent would be. There is the possibility for many people to suffer economically as a consequence of SCO's FUD.

    1. Re:Actually by Tyrdium · · Score: 1

      I think trying to take Linux over and undermining one of the main things it stands for (the GPL) is malicious intent to damage it...

    2. Re:Actually by Rashkae · · Score: 1

      Unfortunately, once SCO's allegations are proven spurious, there won't be any SCO left to sue. They more or less bet the company on this ill conceived initiative.

  27. growing pains by jtilak · · Score: 2, Interesting

    this is giving linux a black eye. but i dont think it will kill linux in the long run. after this is all over linux will win. what doesnt kill you makes you stronger right?

    1. Re:growing pains by grub · · Score: 1


      what doesnt kill you makes you stronger right?

      Yeah, Christopher Reeve in the chair is a big improvement over the original.

      --
      Trolling is a art,
    2. Re:growing pains by Anonymous Coward · · Score: 0

      >> big improvement?

      Who is to say that Mr Reeves is better now or then? Maybe he has been able to come to some understanding of life and loss now that makes him a better person.

      I respect and admire the man because he has fought on despite great adversity. I know that I don't have the strength of will and character that it would take to live the rest of my life as a quadriplegic.

      Or maybe I do, but I hope that I never have to find out.

  28. Exactly what SCO wants... by Eric+Damron · · Score: 1

    and they won't tell the Linux community exactly what code they feel is infringing so the Linux community can't just replace the code and move on. Oh no....

    --
    The race isn't always to the swift... but that's the way to bet!
  29. You can have the spoils... by rdewald · · Score: 2, Funny

    Well, I have to say that this means that SCO's strategy of exploiting the weaknesses in Intellectual Property law rather than concentrating on making a good product is working in the short term. I'll bet Ballmer is doing the monkey dance. Since Microsoft has demonstrated that being universally despised by the expert community is of litle obvious consequence to the bottom line, SCO can now appoint themselves the defender of the Loophole Exploitation Realm left recently vacant by the Enron, WorldCom and Tyco.

    What they should do next is commission Martha Stewart Omnimedia to design a nice pastel case, contract with Chinese prison laborers for manufacturing and ship their "licensed" Lindows clone to Walmarts everywhere. If you're going to commit to a concept, you might as well go all the way.

    --
    The best way to do is to be.
  30. question by meatpopcicle · · Score: 1

    If SCO can keep this in the courts it will effect Linux quite a bit. It doesnt matter that they have not shown any evidence.

    It doesnt even matter if they have any evidence, the threat of it is what will keep people afraid and not using Linux in a production environment.

    It's all just smoke and mirrors until the information is revealed, and I am sure that they will drag this out as long as possible. It will probably increase their stock value the longer it continues.

    Not a good time ahead for Linux.

    --
    "You're on my side and the dark side, like Lando Calrissian?" --Gimpy, Undergrads
  31. Voices in my head by Anonymous Coward · · Score: 0

    The Gartner group told me to kill my co-workers.

  32. Riiiiight. by numatrix · · Score: 2, Interesting

    This from the same group that declared definitively that IDS is dead.

    I think the only thing that should be impacted by this report is gartner's credibility. I'm inclined to look more and more suspiciously at anything they say after this.

    1. Re:Riiiiight. by Anonymous Coward · · Score: 0

      Don't forget that Gartner was predicting widespread Y2K failures in embedded systems as well, taking down power grids, telcos, etc. Their credibility dropped very near zero when the clock ticked over almost without incident.

      These guys have also been predicting the dominance of Windows CE in the PDA space since its very first incarnation. Yet Palm and its licensees have kept that prediction at bay as well, at least for the time being. At the very least, Gartner's timetable for Windows CE's victory was off by several *years*.

      Crack open a fortune cookie and you'll get as good a prediction as anything you'll see from Gartner.

  33. Delay, my A$$ by PaulK · · Score: 5, Funny

    I absolutely refuse to delay any deployment of Linux.

    By submitting to the FUD, we have allowed the terrorists to win.

    I, for one, will not surrender, will not buckle to extortion, and will never concede to SCO, or any other company that thinks they can control what I put on my servers, through litigation.

    As far as I know, there has been no legal action on the part of SCO against any user or corporation that employs Linux. All they have done is threaten.

    How much did they pay you, Gardner? Did they threaten you too?

    We don't just delete spam, we delete spammers.

    1. Re:Delay, my A$$ by ipjohnson · · Score: 1

      spam hunters ... is that anything like the milf hunter ;-)

    2. Re:Delay, my A$$ by ipandithurts · · Score: 2, Insightful

      I sure hope you don't work for my company. We'll be talking soon if you do. There's no reason to unreasonably subject a company to liability or additional liability regarding a clear risk. We simply don't know the risks associated with SCO's copyright registration. I, for one, will not allow my company to go blindly ahead. While I disagree with Gartner's first recommendation, I am recommending holding off on additional Linux installations/upgrades as well as ascertaining how many, if any, machines have the 2.4 Kernel (sounds like a disease now doesn't it.)

      Go ahead and say "Torpedos be damned!" That course of action sure worked well with Lemelson! Only cost the average Fortune 500 company a million or so dollars!

      --

      Stop undressing me with your eyes. I'm ugly naked.
    3. Re:Delay, my A$$ by Anonymous Coward · · Score: 0

      We don't just delete spam, we delete spammers.

      Funny, you set up a site that is against spam, then you post this in your messages, instead of your sig, where people can opt out of seeing these kinds of things.

      Funny.

    4. Re:Delay, my A$$ by RealAlaskan · · Score: 2, Insightful
      There's no reason to unreasonably subject a company to liability or additional liability regarding a clear risk. We simply don't know the risks associated with SCO's copyright registration. I, for one, will not allow my company to go blindly ahead.

      Then I shall sue you for not using Linux, because that action damages me in a manner to be specified later.

      ANYONE can sue you for ANYTHING. Or, for no reason at all (Yes, I do know about barratry. THat doesn't seem to be a showstopper for baseless litigation, nowadays.). You should never let the possibility that someone might sue you stop you from doing what's right. Stick to worrying about real problems, and don't let a paid shill's imagination lead you astray.

      Right now, SCO has sued IBM over a contract dispute. That suggests that you should NOT enter into a contract with SCO. They haven't won that, nor shown any sign that they could win, IF they let it go to court. They've sent out some extortion letters, but again, there is no sign that there is any substance to those letters. Their ``licensing'' scheme is pretty plainly patterned after the false invoice scams: send out thousands of bills for services not rendered, and hope a few suckers pay.

      Microsoft has promised to indemnify it customers for this sort of patent/copyright problem, but with their patent problems, that could be an empty promise. We all know about their $50B cash horde, but if Intertrust wins, $50B might not go far enough. It appears that Intertrust will pretty much be able to ask MS for a blank check, and get it, when they win. MS wouldn't have made such a promise unless they figured it wouldn't cost them anything. I'm sure they realized that if they lose this one it's all over anyway, so the indemnification looks like cheap talk to me. So far, it looks as if they can only win by buying the judge, but that won't be as easy as it was when they were up against the DOJ.

      The *BDS's claim to be safe, but I seem to remember SCO saying that they weren't immune.

      Sun seems to be in the clear this week, but who knows about next week? SCO keeps changing their story, like a four-year-old trying to tell a lie.

      When it comes to lawsuits, there is no safe harbor in the US. As you say, even if you're right, it costs too much to defend yourself. No one will ever recover a penny from SCO; they'll be bankrupt when the dust settles, and so will you, if you let them stampede you into doing something stupid like using proprietary software when your competitors are using superior, libre software.

    5. Re:Delay, my A$$ by Kylow · · Score: 1

      Spam is traditionally defined as UCE. As his post is neither commercial nor e-mail, and since the unsolicited bit is debatable, this is quite a ways from spam.

    6. Re:Delay, my A$$ by Anonymous Coward · · Score: 0

      There is no risk to the end user involved. If I took a best selling book and printed up a bunch of copies and sold those books to an unsuspecting public then I would be at risk of being sued. The people who bought the book from me are entirely faultless, as long as they bought the book on good faith that it was the actual real book.

      The Linux community has operated under good faith and have repeatedly told SCO that if SCO would just tell us what specific lines of code are infringing, then the Linux developers would replace it all in a very short time.

      This is how copyright and patent violations are supposed to work. Someone is unknowingly using a work that you created, you go to them and let them make it right. Only if this step fails do you make a court case out of it.

    7. Re:Delay, my A$$ by 16K+Ram+Pack · · Score: 1
      I get all sorts of letters from foreign countries telling me that I need to pay fees for x, y and z. They all go in the bin. I get online things advising me to "renew" services (that I never signed up to). Deleted.

      I imagine you'd do the same, but you seem to be acting differently in this case.

      I appreciate that companies have to protect themselves, but you are doing something based on an undemonstrated risk.

      Even if SCO have proof, so what? You think that there won't be a queue of developers to rewrite any infringing code?

    8. Re:Delay, my A$$ by ipandithurts · · Score: 1

      Nice example, but the problem is not akin to the present situation. These foreign countries (actually, the ones I get are from companies in foreign countries that have no real standing, typically ones that have notice we have filed a US trademark or patent and want to "help" us with foreign rights) have no possible credible basis. However, with SCO, they may. They have filed a copyright registration, now possibly subjecting users of LINUX to escalated statutory damages AS WELL AS attorney fees. They aren't going to go after the "small game" but the Fortune 500 types, so I'm not going to put my company into unnecessary risk. Hey, I sure hope there ARE a queue or plethora of developers to rewrite the "infringing code" (if any exists). But the fact is, if we have used code that we have been "put on notice" that infringes, at any time then my company may be liable for statutory damages (as SCO has received a registration). These damages aren't something to ignore. If my company is running only 100 LINUX boxes, and we fail to take a license, and are found to infringe, the damages may exceed $500,000 (plus attorney fees). That is a getting to be "real money" for "free software." Therefore, as stated, the prudent course is to hold off on additional implimentation (where reasonably possible); understand the risk better at your company (it's harder than running a simple script when you have tens of thousands of computers, and a multitude of locations behind various firewalls depending on the required security levels of the machines); and then, if you have a significant current risk or need (i.e. have or need a substantial number of LINUX boxes) you can impliment a detailed analysis of the validity of the copyright claim. However, if you are only running or needing a handful of boxes, the cost of such an analysis is counterproductive and the CHEAPEST course may be implimenting other software. Of course you can simply roll the dice with the companies risk. It worked so well at Enron.

      --

      Stop undressing me with your eyes. I'm ugly naked.
    9. Re:Delay, my A$$ by 16K+Ram+Pack · · Score: 1
      Like you say, they "may" have rights. They have filed a copyright registration. I could file a copyright registration for Windows 2000. Microsoft would come along and beat me over the head, but I could file - there's no checking at time of filing.

      I'm glad to see that SCO's FUD has worked on you. I wouldn't give it the time of day. If SCO had a genuine problem with infringement, they'd point out the area of infringement and let people remove and replace it. THAT is the decent thing to do.

      The fact that they want to spread the doubt that they have a case without showing any evidence of it suggests to me that they don't have a case.

    10. Re:Delay, my A$$ by ipandithurts · · Score: 1

      Come on, if you filed a copyright registration for Windows 2000, we'd all be able to confirm you're a loon.

      However, as SCO places themselve immediatately at risk of a suitby filing a registration and asserting their rights. Additionally, they do seem to have a legitimate claim to the code for which they registered (which was NOT Linux one must remember so your analogy of filing a registration on Windows 2000 isn't even close). Furthermore, as they actually HAVE equity and aren't judgment proof, as many on here are, then you should take them more seriously.

      Finally, while you seem to think companies will do the "decent thing" by "point[ing] out the area of infringement" one simply doesn't. It's the nature of the beast. Of course, now that a suit has been filed, discovery will follow and we(or at least the parties in the suit) will know what's what.

      Patience my young Padiwan. Rush not into area we see not well.

      --

      Stop undressing me with your eyes. I'm ugly naked.
  34. What about Microsofts IP issues? by satsuke · · Score: 5, Informative

    Microsoft is facing a lawsuit that taken at face value is almost as big as the SCO doubt ..

    http://www.theinquirer.net/?article=10648

    Basically that 80+ % of Microsofts past and present products are infringing on this guys business process patent.

    again, at face value Gardner should be recommending to put off major software purchases.

    (This is an example on two different levels .. SCO vs Microsoft that obviously are not the same .. but could be).

    1. Re:What about Microsofts IP issues? by Anonymous Coward · · Score: 0

      No shit, dumbass, this was posted on Slashdot yesterday. Its bad enough the editors are posting dupes.. now YOU are also? Go away forever. We dont care about your greasy hairy smelly opinion. Move out of your parents basement also. Goodbye.

    2. Re:What about Microsofts IP issues? by kawika · · Score: 1

      Ah, but Microsoft's recent license changes says that they will indemnify their customers against such lawsuits. If you are a big company and afraid of such things, a clause like that is very reassuring.

    3. Re:What about Microsofts IP issues? by Anonymous Coward · · Score: 0

      Why are you so cranky? Not getting any? Right hand got a cramp?

      He responded in cogent manner to the issue at hand. As your momma obviously shorted you the DNA necessary to generate a critical mass of brain cells, you don't understand that, do you? It's only when you spew your ignorance that your second most obvious inadequacy becomes apparent, so why not shut up and quit embarrasing yourself.

      You can go back to your one handed web browsing, and leave the adults alone now.

    4. Re:What about Microsofts IP issues? by arivanov · · Score: 1
      indemnify their customers against such lawsuits

      The reason for this clause is in another lawsuit - the Sendo one.

      MSFT changed the licensing because it got hit by Sendo going in and sueing Orange outside US for selling MSFT smartphones infringing on Sendo's IP.

      As an overall result TI (who makes the phones) ended up licensing Sendo's IP (most likely under Orange's pressure) and Microsoft got screwed.

      They thought that they could drag the Sendo lawsuit through the US legal system for long enough for Sendo to fold. Wrong. Sendo simply pinned them down in another country through a customer. While MSFT itself did not cave in, the actual manufacturer caved in which gives Sendo the necessary precedent to deal with MSFT in the US (and enough cashflow to go through with the lawsuit).

      The same approach should be applied to SCO. Pin them down in countries which deal with cases like this in a matter of weeks or days, not years. Relieve them of the cash they need. Then they will fold.

      If everyone does not do this to them, they will do it to everyone. I have done my share and have filed a complaint with the competition authority in the country I live. Have you?

      --
      Baker's Law: Misery no longer loves company. Nowadays it insists on it
      http://www.sigsegv.cx/
    5. Re:What about Microsofts IP issues? by Anonymous Coward · · Score: 0

      It is the producers of IP infringing software that are libel, not the end users, so SCO hasn't got a leg to stand on. That's also why Microsoft so generously indemnified its customers from a nonexistant threat.

      Imagine a radio station played a song on the radio, and then refused to pay ASCAP. The radio listeners are not at risk of lawsuits for IP infringement.

      As to other's comments about why doesn't IBM jump into the fray with SCO, they have. They have said SCO's claims are baseless. Most lawyers would advise their clients not to go beyond that. SCO will undoubtably come under legal attack from Linux users who are being extorted to pay SCO for a privilege they have not legally demonstrated (i.e. that they have I.P. rights to Linux).

      IBM could counter sue SCO, but it would be a costly waste of time, they're a worthless shell of a company with a portfolio of nuisance lawsuits. They'd never even recover their legal expenses when they won.

    6. Re:What about Microsofts IP issues? by justsomebody · · Score: 1

      C'mon SCO news gets on ./ at least two times a day. And yet you blame him for repost???

      As for Gartner. Well, they were always preffering M$. And that;s maybe just the fact that M$ can pay more for news like that.

      And SCO. Showing evidence, not showing happening trough history??? All analysts that were looking at the evidence said code is the same, no one said that history of evidence was shown. Source can be the same if person A steals code from person B, and in the same time can be equal if person B steals from person A. Who stollen from who? Linux has history of public development and any part of code can be traced to its origin. How about SCO?

      --
      Signature Pro version 1.13.2-3 release 83.5 beta3try7 after-breakfast edition
    7. Re:What about Microsofts IP issues? by stwrtpj · · Score: 1
      Basically that 80+ % of Microsofts past and present products are infringing on this guys business process patent. again, at face value Gardner should be recommending to put off major software purchases.

      I don't care for defending the Gartner Group, but fair's fair. There's a big difference between the MS case and SCO. If you have an MS product, MS has recently announced that they will indemnify its customers against legal action by other parties. For the most part, Linux customers enjoy no such indemnification.

      This is why, by the way, I'm a little disappointed with IBM. An announcement that they would be indemnifying its Linux customers would have been a huge show of support. Don't get me wrong, I'm not suspicious of IBM's motives. More likely than not their lawyers are hedging their bets on the oft chance that SCO wins in order to minimize damage, but it would have been great nonetheless.

      --
      Karma: Frotzed (mostly due to the Frobozz Magic Karma Company)
    8. Re:What about Microsofts IP issues? by Anonymous Coward · · Score: 0

      The difference is that Microsoft could settle that lawsuit OUT OF OPERATING CASH if they had to.

      Your average Linux-using company doesn't have that luxury. If SCO's claims are legitimate--and we've got no reason yet to think that they are or aren't--then lots of small companies are going to take it in the shorts.

    9. Re:What about Microsofts IP issues? by Anonymous Coward · · Score: 0

      Microsoft have dead people send letters to judges, and are indemnifying customers against THEIR OWN ACTIONS! It's only reassuring if you are misguided enough to trust them, I'd take a look at their track record first.

      I don't see how an end user can be held responsable anyway, they acted in good faith which I admit is probably questionable where Microsoft are involved (given their track record).

  35. Sensible Reaction To SCO's Litigious Threats by reallocate · · Score: 1

    Gardner's recommendation is sensible and probably not necessary. So long as SCO seems to be threatening legal action against Linux users, only a foolish manager would put a company at risk by deploying Linux.

    Note that this has nothing to do with the technical merits of Linux. It has everything to do with SCO's litigious behavior. If they were bringing suit against Microsoft for the same thing, it would be foolish to buy Windows.

    --
    -- Slashdot: When Public Access TV Says "No"
    1. Re:Sensible Reaction To SCO's Litigious Threats by LMCBoy · · Score: 1

      If they were bringing suit against Microsoft for the same thing, it would be foolish to buy Windows.

      Something like this, perhaps?

      --
      Liberal (adj.): Free from bigotry; open to progress; tolerant of others.
    2. Re:Sensible Reaction To SCO's Litigious Threats by walterbyrd · · Score: 1

      >>only a foolish manager would put a company at risk by deploying Linux

      I guess I'm foolish, in your opinion. I not only use linux I called and emailed scox are dared them to sue me.

      To me the idea that anybody for one second could take SCO seriously is astonishing. Think about it, scox decides to sue me, there we are in court:

      me: scox has absolutely no legal basis to assert their claim.

      scox: uhhm . . well . . . err . . . ah . . .

    3. Re:Sensible Reaction To SCO's Litigious Threats by Anonymous Coward · · Score: 0

      They did sue Microsoft awhile ago..

      Remember DrDOS???

      They even won...

      Don't remember Gartner warning people about Microsoft when that was happening...

      hmmmm....

    4. Re:Sensible Reaction To SCO's Litigious Threats by reallocate · · Score: 1

      OK, who's paying your lawyers? Who's running your company while you and your managers are busy in court?

      Are you really willing to lose your company for ideology?

      --
      -- Slashdot: When Public Access TV Says "No"
    5. Re:Sensible Reaction To SCO's Litigious Threats by reallocate · · Score: 1

      This isn't about Gartner. They aren't suing people. It's about investing money in a product that may bring with it unaffordable legal expenses. The merits of SCO's case are beside the point. You have to respond to the suit, pay lawyers, and go to court to prove them wrong.

      If a company can't afford to take that risk, why would they?

      --
      -- Slashdot: When Public Access TV Says "No"
    6. Re:Sensible Reaction To SCO's Litigious Threats by jjohnson · · Score: 3, Insightful

      Yeah, you are foolish. Using Linux, not so much; emailing SCO and daring them, very much. You'll pay tens of thousands of dollars in lawyer and court fees (getting the other side to pay lawyers fees is a joke, essentially impossible without prior written agreement that the loser pays); meanwhile, your business will suffer for lack of attention and the possibility of losing, all for your self-righteousness.

      Yeah, you are foolish. Your dialogue is more accurately rendered as:

      you: scox has absolutely no legal basis to assert their claim.

      the judge: Mr. Byrd, the next time you open your mouth I'll hit you with contempt of court. We haven't even started with pre-trial motions yet. We've got months before we get to the point where you can have your say.

      Remember, it costs tens of thousands of dollars in lawyer's fees just to get to court. By the time you made your grandiose statement (which SCO would dispute with a truckload of paper that's all bullshit but that a lawyer still has to go through at $250/hour), you'd already be $50,000 in the hole.

      Take it from someone who's been through a couple lawsuits for his employer: if at all possible, don't go there.

      --
      Anyone who loves or hates any language, platform, or manufacturer, doesn't know what they're talking about.
    7. Re:Sensible Reaction To SCO's Litigious Threats by zenyu · · Score: 1

      Are you really willing to lose your company for ideology?

      Are you not?

      Say someone comes into your home then burns it down and takes your wife and children into slavery in his brothel. Would you be willing to lose your company fighting them to free your family from bondage? If yes you're an ideologe, if no I would like to hear your arguement.

      This SCOX thing is more like some guy walking around in your house pouring gasoline on everything and trying to light a match. You can throw him out or hand over the children to try to placate him. Now are you going to risk getting a couple punches thrown at you as your throw the bastard out or are you going to take the "low risk" strategy and hand over the children?

      There are times when you pay a little extortion to avoid hastle and there are times when you pummel the bastard in court and hope the prosecutors office goes after the ring leaders in the fraud, or at least the SEC goes after the C?O's and major investors aware of the fraud. I think the SEC is more likely to do anything, but then I have an extreemely low opinion of the federal department of justice.

      I'm not one to ask to be sued, but I don't really hold it against this guy. When I was mistreated and my local prosecutor failed me I took them to court and was very happy despite seeing only a tiny settlement after the all the lawyers fees. If you don't punish bad behavior you all too soon suffer at the hands of other miscreants.

    8. Re:Sensible Reaction To SCO's Litigious Threats by reallocate · · Score: 1

      Sure, I'll stand up for my beliefs.

      But my choice of the OS that's best for my company is not an ideological decision. "Believing" in Linux makes no more sense than "believing" in the company that made your refrigerator. Buy and use what's best for you.

      --
      -- Slashdot: When Public Access TV Says "No"
    9. Re:Sensible Reaction To SCO's Litigious Threats by Anonymous Coward · · Score: 0

      Okay, some people's ideology includes a belief that threats and extortion should be resisted. Yours doesn't. I should think there's a fair chance you'll end up wealthier than a lot of us which I immagine is what matters most to you anyway so just ignore the pitying looks from others, what do they know?

    10. Re:Sensible Reaction To SCO's Litigious Threats by Anonymous Coward · · Score: 0

      Say someone comes into your home then burns it down and takes your wife and children into slavery in his brothel.

      There's a difference between someone randomly coming into your home and burning it down, and daring someone to come into your home and burning it down. The first is regrettable, the second is stupid.

    11. Re:Sensible Reaction To SCO's Litigious Threats by Anonymous Coward · · Score: 0

      Take it from someone who's been through a couple lawsuits for his employer: if at all possible, don't go there.

      So your recommendation would be to roll over whenever threatened?

      Actually I reckon you're infringing on my IP right now. My list of demands will follow, little worm.

    12. Re:Sensible Reaction To SCO's Litigious Threats by zenyu · · Score: 1

      Sure, I'll stand up for my beliefs.

      But my choice of the OS that's best for my company is not an ideological decision. "Believing" in Linux makes no more sense than "believing" in the company that made your refrigerator. Buy and use what's best for you.


      I get it. I guess I see the OS as something I've helped create and so take the slander by SCO as a libel against my character. That's a bit different from the POV of someone who just wants a solid piece of software to serve web pages or whatever. BSD, and Solaris seem to be free of any current set of unfounded aligations, and I'm sure Microsoft can afford to replace XP/2k3 with something else if Sony refuses to settle on the DRM case. Or just use W2K, it's alot more solid and has considerably fewer deadly serious bugs. None of the alternatives has all of Linux's mix of capabilities (esp flexibility), but for particular cases one of the three can often fill your niche. W2k has the driver support, Solaris has the scalability, BSD has the price. And with servers, diversity is good to have anyway.

      Not everyone can replace Linux without going out of business or at least assuming a huge legal liability from their customers. But I would consider it a bad business decision to take the SCOX case too seriously, every piece of software would be threatened in the same way if this case had anything like the merit they claim. For reasons discussed earlier on /. Linux is one of the least threatened pieces of software in existance from this type of thing because of the large pool of proficient programmers involved. But, of course, I don't blame anyone from investigating their case before making their business decisions, if the case had the appearance of a potential for any merit it could possibly destabilize the Linux source tree for several weeks, which ain't nothing. If they threatened Microsoft in the same way they could not respond anywhere near as quickly though I'm sure any judge, even one not worth their salt, would give some time for you to get rid of all your Microsoft products. And in fact I'm sure that if there was this type of threat to any of the OSs that run our critical infrastructure like Linux, the military and large corporate interests would be calling up their congress members for an emergency session of congress to pass an indemnification law. Even if a new Linux is ready in days there is no way they shut down the banks and the defence department for an emergency upgrade because some judge has a brain fart. That would be like all vehicles being taken off the road for a tread adaptation because the USPTO granted you the rubber wheel patent, not gonna happen.

    13. Re:Sensible Reaction To SCO's Litigious Threats by Anonymous Coward · · Score: 0

      What you are not willing to lose, you never owned.

    14. Re:Sensible Reaction To SCO's Litigious Threats by Anonymous Coward · · Score: 0

      Except for the fact that a lot of lawyers are ready to take on SCO pro bono. As for the rest of the expenses? Well, there are plenty of regular joes like me who are ready and willing to pay $100 to anyone sued by SCO to help them out until we win the counter suit and SCO pays us all back. Good Times.

    15. Re:Sensible Reaction To SCO's Litigious Threats by Anonymous Coward · · Score: 0

      Wouldn't that be any product in the united states? After all, you can sue anyone for anything at anytime.

    16. Re:Sensible Reaction To SCO's Litigious Threats by reallocate · · Score: 1

      >> I guess I see the OS as something I've helped create and so take the slander by SCO as a libel against my character.

      More than fair enough. Remember, though, that for everyone outside the Linux development community, Linux is a means to an end, not an end itself.

      --
      -- Slashdot: When Public Access TV Says "No"
    17. Re:Sensible Reaction To SCO's Litigious Threats by reallocate · · Score: 1

      >> What you are not willing to lose, you never owned.

      Nice bumper sticker. I wonder what it means?

      --
      -- Slashdot: When Public Access TV Says "No"
    18. Re:Sensible Reaction To SCO's Litigious Threats by reallocate · · Score: 1

      Yes, everyone in the U.S. can brng suit against someone else. That's an essential part of Western political freedoms.

      However, everyone is not, in fact, suing everyone else.

      SCO is, though, suing IBM and is going out of its way to create the impression that it is prepared to sue any corporation using Linux. That's a reality that businesses ignores at their peril.

      --
      -- Slashdot: When Public Access TV Says "No"
    19. Re:Sensible Reaction To SCO's Litigious Threats by 16K+Ram+Pack · · Score: 1
      I have millions of dollars sitting in a bank account in Nigeria.

      Please send me your bank details.

    20. Re:Sensible Reaction To SCO's Litigious Threats by jjohnson · · Score: 1

      My recommendation is to look at the threat from a business perspective, because whether or not it's a real threat, it's going to cost you to deal with it. The one box in our DMZ is a linux box, so it's hanging right out there. SCO goes to our web page and checks what the server is, they'll connect a company to an installation of Linux and maybe say "Hmm... here's our first target."

      That doesn't mean you roll over. It means you compare costs. If there's pro bono legal help from the EFF, I'd count that in the costs, as well as legal defense fund money.

      Here's the thing: it works both ways. For SCO to sue us costs thousands of dollars in court fees alone; to actually get us into a courtroom costs tens of thousands. So they're not going to sue us to cough up a $1,000 licence fee. Most likely, we'd stall, waiting for SCO's money or will to run out. In civil cases, you can stall for years, and if you're playing defensively, your legal bills go up more slowly than theirs.

      I'll make a prediction right now: SCO will not actually sue anyone, even on the principle of making an example. They can't afford to lose that battle, and the return on the lawsuit would never cover the costs. So they'll keep dishing the FUD, hoping to skim small licence fees off the weak-willed.

      --
      Anyone who loves or hates any language, platform, or manufacturer, doesn't know what they're talking about.
    21. Re:Sensible Reaction To SCO's Litigious Threats by eniu!uine · · Score: 1


      Remember, it costs tens of thousands of dollars in lawyer's fees just to get to court. By the time you made your grandiose statement (which SCO would dispute with a truckload of paper that's all bullshit but that a lawyer still has to go through at $250/hour), you'd already be $50,000 in the hole.

      True, but don't forget that SCO has legal bills as well, and they are not as monied as their stock price makes them out to be. I'm not saying that people shouldn't worry about legal issues, you'd be stupid not to. It is important to note that a company with a better case and deeper pockets(Sony) is suing Microsoft in a similar case to that which SCO is threatening to sue. Microsoft offered indemnity, but also offers themselves a way out(i.e refunding the license). The legally paranoid solution would be to go with BSD, rather than the MS and Unix solutions suggested by Gartner.

  36. Where is the trenchcoat mafia when you need them? by leereyno · · Score: 2, Funny

    Too bad real life isn't like the Sims where I could drop Eric Harris and Dylan Klebold into SCO's headquarters with some sawed-off shotguns and enough ammo to level the alamo.

    I'd love to see an open-source video game where you get to torture and/or kill SCO suits and especially their lawyers.

    Now obviously I'm not suggesting or encouraging anyone to do anything illegal or violent, that would only make things far worse. Even so, a nice simulation of the carnage would sure fun.

    Lee

    --
    Muslim community leaders warn of backlash from tomorrow morning's terrorist attack.
  37. BSD by rf0 · · Score: 1

    Of course you could just for BSD where the law-suits have already come and gone

    Rus

    1. Re:BSD by AKnightCowboy · · Score: 1
      Of course you could just for BSD where the law-suits have already come and gone

      Are you so sure? Maybe SCO just hasn't gotten around to suing the BSD camps yet. They are clearly insane so don't think you guys are immune to future lawsuits.

    2. Re:BSD by LWATCDR · · Score: 1

      Except that SCO has said that BSD might not be free of law suites. I swear they are so full of junk. Yes use BSD use Linux but do not use SCO!!!!!.

      SCO All your OSes are belong to us.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
  38. Re:Why? by Brad+Mace · · Score: 1
    SCO will not affect linux at all.

    SCO should not affect linux at all. You seem to have a lot of faith in the intelligence of the masses.

  39. That's not all Gartner said..... by Anonymous Coward · · Score: 0

    Gartner believes that SCO's motives include:

    Its OpenServer and UnixWare business represents a fraction of the Unix market.
    Its own Linux version (formerly Caldera) struggled against Red Hat and SuSE and disrupted SCO's UnixWare and OpenServer efforts.
    If the lawsuit forces IBM to buy out SCO, SCO investors could exit with good returns.
    Forcing Linux users to pay royalties for the alleged Unix elements would generate profits and revenue from the fast-expanding enterprise adoption of Linux.
    Gartner believes SCO made a strategic error when it chose to defend Unix on Intel over Linux, against market trends. SCO is building a new Web services framework on the upcoming Unix System V v.6, and wants to steer OpenServer, UnixWare and SCO Linux customers to an expanded Web application programming interface. To support its legal claims against the Linux industry, SCO had to withdraw its Linux distribution from the market. But SCO damaged its own credibility and cut off the one potential avenue of high growth for its framework.

  40. The problem today... by Anonymous Coward · · Score: 1, Interesting

    The big problem today is that most management decisions are based on "opinions" and "feelings", rather than actual facts. Well, in fact, most of us act the same way.

    Rumors dictate the behavior of stock markets. FUD delays whole company projects. False (or inaccurate) accusations lead nations to war.

    This whole SCO thing is just another proof that mankind today is fundamentally returning to its most primitive behavior, and leaving behind methods, concepts and techniques it took so long to develop. The work of thousands of brilliant human minds are going down the drain, forgotten, lost in the recoils of our own passions.

    Behold the decay of the human race... perhaps intelligent robots will succeed where we failed. :-)

  41. It's all going maaad by ph43thon · · Score: 1

    This is absurd. The GG actually says, "You better call SCO and ask them about their claim. And don't expect a win by IBM to save you. SCO WILLL GETT YOUUU!!!" Again, I am paraphrasing. Hell, GG even says they see the case as dubious. They mention nothing about fighting back against SCO.. e.g. companies could file a joint lawsuit of some nature (don't ask me what.. maybe that's unfeasible to countersue). They just suggest looking at Solaris or Windows. Who are these tools? It's like they're playing the ideal role in this SCO-play. "Go slow, consider non-Linux software even though SCO may be full of shit."

    Anyway, in my dream world, they'd recommend looking at BSD.

  42. Two words: Bull shit by NineNine · · Score: 1

    I happen to remember reading here when Gartner said, "FOR THE LOVE OF GOD, GET RID OF ALL IIS INSTALLATIONS" that everybody agreed with Gartner. They're not in any way pro-MS.

    1. Re:Two words: Bull shit by Xerithane · · Score: 2, Insightful

      I happen to remember reading here when Gartner said, "FOR THE LOVE OF GOD, GET RID OF ALL IIS INSTALLATIONS" that everybody agreed with Gartner. They're not in any way pro-MS.

      The only thing they are is pro-money. Gartner is just an advertising company thinly veiled as a "Market Research" firm.

      --
      Dacels Jewelers can't be trusted.
    2. Re:Two words: Bull shit by MaxwellStreet · · Score: 1

      That a habitual liar tells the truth once does not make him any less of a liar.

      One report certainly doesn't justify your faith that they're "not in any way pro-MS."

    3. Re:Two words: Bull shit by vsprintf · · Score: 1

      I happen to remember reading here when Gartner said, "FOR THE LOVE OF GOD, GET RID OF ALL IIS INSTALLATIONS" that everybody agreed with Gartner. They're not in any way pro-MS.

      And right up until that time, Gartner had been telling everyone to run IIS. The constant exploits and obvious lack of security made them look stupid, hence the double-face. Now, it's pro-MS again. Another day, another dollar for Gartner.

  43. Underwear Report From Garter Group by bodland · · Score: 1

    Chicks look hot in Gartners. Totally off topic... Cracking myself up again...sorry

  44. Gartner's interests should be well known. by BitGeek · · Score: 1, Troll


    Lets not forget who butters Gartners bread-- Microsoft.

    For years this company has been spreading FUD about microsoft competitors... making up performance and market share numbers.

    When they bashed the mac, you guys said "See, macs are too expensive and their marketshare is only %2"

    Now that they are spreading fud about Linux, you should recognize that all tehy are is a marketing firm in Microsoft's employ.

    "Analysis-- its the new marketing!"

    Don't take them too seriously, and point this out to anyone who does.

    --
    Yeah, and you guys panned the ipod too: http://apple.slashdot.org/article.pl?sid=01/10/23/ 1816257
    1. Re:Gartner's interests should be well known. by harvardian · · Score: 1

      Erm...Apple's worldwide market share is only 2.3% according to IDC. Prolly cause Macs cost too much :P

      google cache of IDC info

    2. Re:Gartner's interests should be well known. by BitGeek · · Score: 1

      That number does not count the vast majority of Macs sold, and double counts a significant proporation of windows machines sold. How can you make claim about Mac sales when you don't count sales of Macs by mail order, the apple stores, the apple online store, or independant mac sellers? Hmmmm.

      And yet, despite knowing this (you should know it) you take it to be truth?

      Probaby because you believe what you want to believe, despite the facts.

      By the way, Macs have been cheaper than, say, Dells, since 1996.

      --
      Yeah, and you guys panned the ipod too: http://apple.slashdot.org/article.pl?sid=01/10/23/ 1816257
  45. Why are no big names going after SCO? by tvon · · Score: 2, Insightful

    IANAL:

    Why am I not hearing about Red Hat, Mandrake, Suse, FSF, Debian, GNU and everyone else who has any sort of legal entity suing the pants off of SCO for slander? SCO has been going around blasting the pants off of Linux for months without any evidence to back it up...do we really have to wait for the original suit to goto court before we do anything? Can't someone shut them up? It's the worst smear campaign I've ever seen...

    1. Re:Why are no big names going after SCO? by Dasein · · Score: 1

      Black's law's definition of slander:

      A type of defamation. Slander is an untruthful oral (spoken) statement about a person that harms the person's reputation or standing in the community. Because slander is a tort (a civil wrong), the injured person can bring a lawsuit against the person who made the false statement. If the statement is made via broadcast media -- for example, over the radio or on TV -- it is considered libel, rather than slander, because the statement has the potential to reach a very wide audience.

      IANAL but my guess is that SCO that because SCO isn't letting anybody see their evidence, nobody can tell if the claims are true. I would bet that if the claims are unfounded and it can be shown that SCO knew about it, then you'll see SCO get sued into dust. That is, unless IBM acquires them. Then it just all goes away.

      --
      You are not a beautiful or unique snowflake -- but you could be if you got off your ass.
    2. Re:Why are no big names going after SCO? by Anonymous Coward · · Score: 0

      Libel... slander is verbal, and usually worth less in damages than in publication.

  46. Good Catch by Black-Man · · Score: 1

    They've been known to bash Apple and attempt to diminish any good fortunes from Apple, so take this with a grain of salt.

  47. Another ad ... by Anonymous Coward · · Score: 0

    ...paid for by M$

  48. Conspiracy Theory by isa-kuruption · · Score: 4, Interesting

    I'm not a conspiracy theorist (although I have played one in meetings with upper management).

    Microsoft funds SCO's lawsuit against IBM to discredit Linux after it makes significant gains in it's marketshare. This is somewhat evident from the recent "contracting of SCO products" by Microsoft. As Dr Evil would say, "Riiiiiiiiiight"

    Microsoft then uses it's "contacts" within Gartner to install the idea that Windows will be a better platform while Linux's reputation is on the line. And I'm sure Microsoft does have contacts within Gartner. It would make sense... since Gartner does industry research and M$ would be someone who benefits from such research.

    (Now for another cliche)
    Things that make you go hrmmmmmmmm......

    Now if only we could find out who was ont he grassy nole.

    1. Re:Conspiracy Theory by Anonymous Coward · · Score: 0
      So, when Linux is dead and gone and you are homeless living in your mom's back alley (she kicked you out of the basement), are you still going to be shaking your fist at Microsoft?

      Get over it. Grow up. Move on.

    2. Re:Conspiracy Theory by isa-kuruption · · Score: 1

      No way....

      There's already a better solution than Linux... it's called FreeBSD :)

    3. Re:Conspiracy Theory by Maul · · Score: 1

      Even if there is no "conspiracy," I'm sure Billy and Co. are very happy to see such an assessment.

      --

      "You spoony bard!" -Tellah

    4. Re:Conspiracy Theory by digital_franciscan · · Score: 1

      Now that I think about it, there does seem to be a resemblance between Bill Gates and Butters. Could Gates really be ... DR. CHAOS?!

    5. Re:Conspiracy Theory by konmaskisin · · Score: 1

      Umm if you think business *doesn't* conspire in this way then you have some growing up to do yourself. You've obviously never had to compete for market share or exist in the real business world. From Mom and Pop corner stores to the Enrons of the world the business of business *is* conspiring to dominate in the market.

      The problem is that Microsoft is a convicted monopolist but is being allowed to behave as if it never happened (very different with past monopolies). A related issue is that it is competing to *retain 95% market share* which is an **impossible task** so it must resort *frequently* to killing the competition by various non-market means.
      Such as buying the competition, or using "windows ain't done 'til lotus won't run" tactics. What was done to Netscape, BeOS is the tip of the iceberg (the boot sector of most machines manufactured is *owned* by Microsoft).

      Examples - under oath at trial - abound, sonny.

      So I say:

      Grow up. Pay attention.

    6. Re:Conspiracy Theory by Phill_Box · · Score: 1

      No conspiracy needed. This is hardball. SCO; Looks like the players, company officers, are already making a profit with the recent stock sales. If IBM buys them out they make more money. They have a war chest from Microsoft. So, they have staying power for the game with IBM. The down side for SCO is nothing worse than the status quo before the lawsuit. The up side for SCO is positive. The stock has netted a profit, albeit small. And the potential buyout from IBM will not be small change. Microsoft; Either way, this is a zero sum game win for Microsoft. If SCO wins against IBM, Linux will be damaged goods. If on the other hand SCO loses, surprise, Microsoft wins. They can point an accusing finger at the evil open source community and say to their customers with a straight face, this is what happens when you mix open source code with commercial. You lose control of your IP. You lose your profits. And, maybe you lose your business. IBM; No win here, they will have to pay SCOs' piper or spend a lot of money and time in the courts. Either way, they are out money and will have suffered damage their Linux business model. Linux; Not good, Microsoft will use (is using) this opportunity to put the FUD knife in the back of Linux and open source code in general.

    7. Re:Conspiracy Theory by wkjel · · Score: 1

      Hardball? Yes it certainly is. But I don't buy the rest of your arguments.

      SCO has a small war chest from the Microsoft/Sun license sales, but they will need much more to carry on this fight. They were losing money before they launched their suit and continue to lose money on their non source-licensing businesses. As the commentators on this weeks Linux Show noted, they will probably run out of those funds by January and the case will not be heard for at least another year.

      As for an IBM buyout, this will never happen. IBM will not reward anyone who threatens them in this way. If SCO had an open-and-shut case against IBM, it would have been settled quitely out of court and no one would even know the details. IBM will fight this to the bitter end, no matter how long it takes, and for them, the longer it takes the better (even if it hurts Linux).

      In the short run this will benefit Microsoft, at least in the US, but don't expect it to do permanent damage to Linux. Linux has strength beyond the US's borders and is seen in many places as a defence against US dominance of the IT world.

      If SCO really wants to stop Linux, they are going to have to launch suits against the weak and defenceless. From everthing I've read, they don't have a strong enough case based on copyright alone to make this work, and if they were to try and lost such a case, they would lose everything. They need to win against IBM to make the strong case (Linux is a derivative work, regardless of copyright).

      Their best bet is to use FUD to extort license fees from big corps that might find it cheaper to pay off SCO rather than take them to court, and hope that this will keep them alive long enough to make the big win. Or, the might convince some else (MS, if they think they can take the heat from the DoJ) to buy them out just to prosecute the suit.

    8. Re:Conspiracy Theory by Anonymous Coward · · Score: 0

      Interesting that Windows 2003 came out while all this is going on. Good timing don't you think?

  49. Someone should sneak song lyrics into SCO's code by Anonymous Coward · · Score: 1, Funny

    That way, the RIAA will sic their attack lawyers on SCO, and we won't have to deal with this any more.

  50. Weiss' Research by Anonymous Coward · · Score: 2, Interesting

    It is very clear that Weiss didn't do his research on this matter. Anyone whose actually spent time reading about the matter, or who's been following it carefully should realize that SCO loses ground every day. As revelations come out about the SCO employees contributing to the kernel, or the old Caldera management discussing their intent to port the SCO code to to Linux, it becomes more and more obvious that SCO has a loosing case.

    When SCO begins the process of suing their first victim over licensing, the vendor of that particular system will doubtless fall on SCO like a ton of bricks. FSF and OSI will probably also contribute to the defense in that first case, as will thousands of linux geeks worldwide. Since SCO hasn't yet proved code ownership in court, their first licensing lawsuit will almost certainly fail. Add to that the possibility of an SEC or FTC investigation, the successful anti-SCO injunction in Germany, and the possibility of someone pursuing a business libel lawsuit against SCO and it becomes very obvious that this is going to blow over very quickly.

    Weiss is clearly clueless and foolish, and his "research" is useless to any serious reader.

  51. Well by oGMo · · Score: 0

    Even a blind pig finds an acorn sometimes...

    --

    Don't think of it as a flame---it's more like an argument that does 3d6 fire damage

    1. Re:Well by Anonymous Coward · · Score: 0

      Why are pigs looking for acorns?

    2. Re:Well by Anonymous Coward · · Score: 0

      He didn't say they were looking for them, just that sometimes they find them. I'm not sure that it's really true that all blind pigs find acorns though, it does sound unlikely.

    3. Re:Well by Anonymous Coward · · Score: 1, Funny

      He didn't say ALL blind pigs find acorns. He said that A blind pig finds AN acorn SOMETIMES. I think this is a plausible claim, though it does seem to be off-topic.

    4. Re:Well by r0ckflite · · Score: 2, Funny

      Perhaps we should pay for Gartner to do a report on this 'blind pig' phenomenon and determine whether our PHB's should take this into account when calculating TCO and ROI.

      --

      Push the button Max!!!!

    5. Re:Well by vsprintf · · Score: 1

      Even a blind pig finds an acorn sometimes...

      That pretty well describes it. Now we just need to know who paid the acorn and how a blind pig types a report. :)

    6. Re:Well by carlos_benj · · Score: 1

      So, is this A particular blind pig then? Is it likely that this is the pig from whence we get "in a pig's eye!" as placing things in pigs eyes would likely result in some impairment of vision?

      --

      --

      As a matter of fact, I am a lawyer. But I play an actor on TV.

    7. Re:Well by Anonymous Coward · · Score: 0

      I think this is indeed likely, as placing an acorn in a pig's eye, or perhaps in both of his eyes, would be likely both to blind him and to ensure that he finds the acorn. However, I must say that this practice is barbaric and I am shocked at oGMo for having suggested it.

  52. In Microsoft's Pocket? by Foofoobar · · Score: 1
    First the Gartner group claims that 80% of the Linux systems that will be run in Munich will have VMWARE and Windows running on them (without ANY support documentation to support that number) and NOW they are saying not to USE Linux?

    Sounds to me like someone is on the Microsoft payroll if you ask me?

    --
    This is my sig. There are many like it but this one is mine.
  53. SCO FUD SCUD! by webzombie · · Score: 2

    Come on...

    When is the popular media going to wake up and get their collective heads out of SCO's and Microsofts' asses.

    I mean who in their right mind would even consider giving anything to someone who stopped you on the street and said "Hey! you! I know you've been using software that contains illegally copied code. My code and while I'm not inclined to share any evidence with you at this time I would advise you that you should pay me $700 to avoid being sued for illegally using our code"

    Christ! I would think any smuck that tried that on a regular basis would be bloodied and battered by the second attempt.

    Someone should make SCO put up or shut up. With real evidence. Not these SCO SCUDs that even the media seem to think merit repeating as fact.

    The media are probably the next biggest problem in this whole unbelievable mess and they just seem more and more willing to report SCOs every stupid move, comment or FUD more so then actually look into the facts of the situation and straight the record straight and perhaps shut SCOs cake hole once and for all.

  54. Netcraft Survey Top 2000 Enterprises (SCO-Linux) by xcomm · · Score: 2, Informative

    Probably something of interest:

    SCO Lawsuit: will the Enterprises take notice?

    Regards, Jan

    `Why do we have to hide from the police, Daddy?`
    'Because we use gnu/emacs, son. They use vi.'

  55. It's going to be a long while by beacher · · Score: 1

    Before "Windows will provide functions equivalent to those of Linux deployments" such as having a worm every week, a critical notification, or maybe someone elses DRM patent infringing technology in it.

    I do agree with the go-slow bit - you shouldn't be deploying enterprise servers on a whim without performing an honest comparison of all platforms. Continue to deploy Linux as needed and if the shit really hits the fan only pay those asses when they start sending collection notices. Screw em.
    -B

  56. Re:use *BSD by Anonymous Coward · · Score: 0

    I'll bite.

    You're an idiot. Stop using BSD if you really cannot make it work. Wal-mart has new Fisher-Price Activity Center for your crib. Mommy will drive you.

  57. SCO executives make a million in June and July by Anonymous Coward · · Score: 5, Informative

    While most everybody focuses on the merits of the SCO vs IBM (and Linux by implication) case, SCO execs have made a tidy profit (over $1,000,000 in June and July) by selling stock

    Form-4 filings with the SEC reveal they made $398,833.90 in June, and $656,270.10 in July (so far)!

    And there's more!

    Remember that Canopy-owned company SCO just bought into, who's the leader? "Mike Meservy, CEO, Vultus, Inc"

    Looks like he and Vultus, Inc. were themselves SCO shareholders even before SCO bought into Vultus. From excellent GROKLAW site about SCO v IBM: SCO has filed, on July 8, a Registration Statement on Form S-3, relating to "the public offering or distribution by selling stockholders of up to 305,274 shares of common stock, par value $0.001 per share, of The SCO Group, Inc." The shares will be sold by Vultus, Inc., The Canopy Group, Inc., Angel Partners Inc., Michael Meservy, Bruce K. Grant Jr., Ty D. Mattingly and R. Kevin Bean. Only Canopy Group, in this list, will retain any SCO stock. SCO "will not receive any proceeds from the sale or distribution of the common stock by the selling stockholders. ... On July 3, 2003, the last price for our common stock, as reported by the Nasdaq National Market, was $10.71."

    1. Re:SCO executives make a million in June and July by kmac06 · · Score: 2, Interesting

      Don't blame the SCO execs for this. Don't even blame the SEC.

      This isn't a case of insider trading. There is nothing hidden here. SCO execs, and anyone closely following the case, knows that SCO doesn't have a chance at winning the lawsuits.

      Blame the stock traders who think that SCO will win, and gain something financially out of all of this. They are the ones buying this stock the execs are selling.

    2. Re:SCO executives make a million in June and July by blunte · · Score: 1

      Actually, if this can later be proved to have been an intentional ploy to manipulate the stock price, then hopefully the SEC can pull out the stops to put some people in jail.

      It wouldn't surprise me one bit to discover these guys were just creating talk that would pump the stock up.

      --
      .sigs are for post^Hers.
    3. Re:SCO executives make a million in June and July by kmac06 · · Score: 1
      It wouldn't surprise me one bit to discover these guys were just creating talk that would pump the stock up.

      That's pretty much the job of company execs. As I understand it (IANAL, etc etc), they can only go to jail for this if they actually lie. I could be wrong...

    4. Re:SCO executives make a million in June and July by Anonymous Coward · · Score: 0

      Mmmm, I think it's arguable whether things like the copyright press release might be considered misleading.

      That aside, yes there is potentially stuff hidden - People in SCO have much more knowledge of the progress of the law suit, and documents pertaining to it, than Joe Average Investor.

      Finally, Canopy, Vultus, etc. may be important shareholders in SCO, but if SCO was giving them special treatment to help them make a profit at the expense of Joe Average Investor, then Joe Average Investor and other minority investors may have an issue, and a possible shareholder law suit. Special treatment to a select group of shareholders might also be inappropriate for directors - they are generally supposed to work for all shareholders.

  58. What If SCO Sues You? by reallocate · · Score: 1

    Would you change your mind if SCO sued you for, say, 75 percent of your company's assets, and won? Even if they lose, do you want to take on the costs of defending yourself in court?

    These are especially critical questions for large publicly traded corporations with millions or billions of dollars at risk.

    SCO has already affected Linux by making businesses ask if they'll be sued for using it.

    --
    -- Slashdot: When Public Access TV Says "No"
    1. Re:What If SCO Sues You? by BoomerSooner · · Score: 1

      Here's the deal. I'm using software that is distibuted that infringes. I can easily switch to another platform.

      The likelihood of me being sued by SCO is next to zero as it is for every other Linux using company out there. When they sue RedHat, Suse, Mandrake, etc and win I'll be concerned. Until then I'm using Linux and smiling all the way to the bank. No BSA Audits, no pissed off former employees turning me in. I (my company) buy licenses for everything and audit my users systems internally, it is a violation of our policy to install illegal software, music, etc.. so they get a write up the first time, fired the next.

      I let my employees have mp3's as long as they are on their computer (not shared) and they burn them from CDs they bring to work (they have to own them). For the most part this hasn't been a problem since there is very little time for music when you're working your ass off. I like to run my business like this > Work your ass off, then go home early. More productive in less hours == happy employees.

  59. Gartner should have ..... by big-giant-head · · Score: 0

    Changed thier name to the MS Advocate/Suckup group 5 years ago.

    They've had head so far MS butt's that if MS stops too fast it'll break thier neck......

    Gartner Group will probably advocate next that IT should not buy ANYTHING and wait x years for MS longhorn.

    These guys are right up there with the Iraqi information minister.

    "I have to tell you there are no linux servers in Bagdad............."

    --

    So Long and Thanks for all the Fish.
  60. Actionable by overshoot · · Score: 1
    there are many in the community who would LOVE to do this, myself included (IANAL tho). but in order to do so, we need some sort of actual, specific complaint from SCO. until they start doing anything besides blowing smoke up people's asses, we have nothing to actually address!

    Actually, SCO's actions so far sure look to my-IANAL-self like textbook cases of business defamation and tortious interference with contract. Any of those 1500 recipients who were Red Hat or IBM (etc.) customers who backed off in response would do. A "put up or shut up" TRO looks like a slam-dunk from my inexpert POV.

    --
    Lacking <sarcasm> tags, /. substitutes moderation as "Troll."
  61. SCO's "License" will end all of this by LordBodak · · Score: 4, Interesting
    When SCO starts offering their "license", they're going to have to clearly define what code is covered.

    If they don't, every kernel developer should sue them for applying a license to their code without their approval (after all, isn't that the same argument SCO says they have against Linux?).

    And if SCO does reveal it... I say it'll be about a week, maybe two, before the code is replaced and this all goes away.

    --
    LordBodak's journal.
    1. Re:SCO's "License" will end all of this by arjun · · Score: 1

      "I say it'll be about a week, maybe two, before the code is replaced and this all goes away."
      At the risk of being labelled a troll, imho it does not go away. Assuming that some significant code was present (that came from SCO) they can always make the case that Linux folks couldn't have come up with that in the first place. So you cannot re-write it later, because you NOW know how it works, and you didn't earlier.

    2. Re:SCO's "License" will end all of this by mark-t · · Score: 1
      So you cannot re-write it later, because you NOW know how it works, and you didn't earlier.
      This kind of protection only applies to patents, but patents are not involved here. SCO's usage of the term "derivative work" is overbroad, far greater than what is meant by the term even in the GPL.
    3. Re:SCO's "License" will end all of this by Mes · · Score: 1

      Your argument has been brought up before, and I agree that its quite disturbing. but wait, isnt SCO claiming copyright infringement, not patent infringement? Wouldnt that allow you to rewrite the code rather than being bared from using the underlying technology?

    4. Re:SCO's "License" will end all of this by Alsee · · Score: 2, Insightful

      imho it does not go away... because you NOW know how it works, and you didn't earlier.

      Nonsense. *I* have absolutely no idea how their code works. I've never seen it. I am a programmer and I have never done any Linux development.

      If someone else cuts out the code in question I would be happy to donate my time and become a NEW linux developer to write a replacement. It would be a perfectly legal "clean room implementation" and my code would be immune from copyright infringement challenges.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    5. Re:SCO's "License" will end all of this by Art+Tatum · · Score: 1

      It's kind of hard to say. I seem to recall them actually claiming patent infringement at one point. They also were running with trade secrets, copyright, and contract violation. Who knows what the actual accusation is this week.

    6. Re:SCO's "License" will end all of this by frkiii · · Score: 1

      And the suit filed (as ammended) is only about a contract dispute with IBM, breach of contract, etc.

      The S.tupid C.orporate O.gre has been spreading "FUD" that it is about patents, copyright, IP, etc. None of this is actually part of their suit at all.

      Their PR statements (i.e. FUD) are just designed to get them into the news, pump up their stock price, and line their pockets.

      They may or may not have a case, IMHO, they do not have a case at all and the case will not even get to trial. SCO will try to bail sometime during the discovery phase, possibly with them settling with IBM for pennies on the dollar (meaning IBM buys SCO for next to nothing and SCO goes bah-bye).

      Regards,

      Fredrick

  62. mod parent up +5 insightful by Anonymous Coward · · Score: 0
    Critical Linux applications? Like Tux Racer or the 37 text editors that come with your favorite 'distr0'?

    Tell it like it is.
  63. Gartner Recommendations? by ExeterIsLame · · Score: 2, Insightful

    To address the questions posed earlier in the thread, Yes Virginia, companies do pay attention to what Gartner says. As evidenced by the amount of salt my management places on getting good reviews by them, for many their opinion means alot. What I dont really understand is moreso than simply giving Linux a black eye, this is dragging down all *nix initiatives. I cannot see this seriously helping SCO's sales other than those simply buying licenses in fear of litigation. I can see many companies that are just now swimming out into Linux waters saying screw it to the entire *nix end of computing and staying within the warm fuzzy false safeness of MS technologies.

  64. What about GNU... by slowtonejoe75 · · Score: 1

    What are they gonna do if we all just get GNU Hurd working as well as/running instead of the Linux Kernel? Don't worry they can't stop us...

    Your sig sux 2...

  65. Release the monkeys! by Jon+Abbott · · Score: 1

    Can't we, in a manner similar to those films where people break into an animal testing facility and let out all the monkeys, go to the SCO building(s) and similarly release the monkeys from there?

  66. a bad thing? by kylant · · Score: 2, Interesting
    Each SCO-post is followed by numerous comments, how bad this development is for linux. I'm not so sure.

    To be honest, I expected something like this for a long time. When I first read about linux (I had been using SunOs/Solaris a long time before) and noticed the similiarities to unix (in functionality) I expected the copyright-holder of Unix to do something about it. And at that time this would have been a really bad thing, as it could have killed of linux at an early stage.

    The situation now is a lot better: Linux is a strong player on the OS market, many companies (even IBM) are depending in one way or another on linux. It is not easy to kill linux now.

    SCO as the current copyright-holder is nearly as good as it gets for our side: The company is acting desperately, attacking the big players (IBM) instead of the weak points. In the end SCO will fail and when they do, the possibly dangerous copyright-issue unix vs. linux will be resolved.

  67. Re:use *BSD by Anonymous Coward · · Score: 0
    haha. Pity on the company that hires a consultant who's debugging skills are so poor he couldn't isolate why a file is taking 10 times the normal amount of time to transfer.

    Could you be freelancing right now because you got laid off from your last job?

    Was incompetence part of the problem?

  68. Please grow a pair by lamename · · Score: 1

    If anybody out there is stupid enough to listen to Gartner, please tell them to pull their head out of their anal orifice and try thinking for themselves. SCO hasn't proven anything (unless you count proving they are a company devoid of morals and brains). Even in a worst-case scenario, you are faced with the possibility of paying a license fee, versus the certainty of paying by going with Microsoft. If it ever comes to a point where a judge says use of certain code in the Linux kernel requires a payment to SCO, it will be replaced quickly.

  69. Possibilities by sharky611aol.com · · Score: 1

    The way I see it, there are two possible outcomes here:

    1) Linux is brought into the spotlight, even if it is for a (temporarily) negative purpose. SCO gets sent packing by a court, then quasi-techie execs start asking about this whole "Linux" thing they've been hearing about. Linux market share increases.

    2) Court battles wage for entirely too long, and, regardless of outcome, Linux is crippled because companies, in the interim, decided that W2K3 is their best bet. Linux market share decreases.

    In the case of a malfunction of the legal system and a long-shot victory by SCO in court, all bets are null and void.

  70. Re:Why? by cbowland · · Score: 1

    SCO won't affect linux because linux development exists outside of the american business climate. So what if Some Company chooses to stay with MS Windows? Do the Gnome people care? The KDE folks? Posgres peeps? Linus? Alan Cox? RMS? Larry Wall? No, of course not. They will continue developing and what we know as "Linux" will continue evolving. Some businesses will make good business decisions regarding software and some will continue to overpay for poor quality software. I don't have any faith in the intelligence of the masses of pointy haired bosses. But those that manage to steer clear of the FUD will give their businesses a competitive advantage over those that do not. Either way, Linux will just keep moving forward.

    --

    Give a man a fish and he will eat for a day.
    Teach him to eat and he will fish forever.

  71. Big Linux folks TOO quiet! by gabrieltss · · Score: 5, Interesting

    The big Linux folks are being way to quiet. Why don't we hear IBM, SuSE, Red Hat et all. Screaming at SCO or at least putting out their own press releases. At least Linus has said something. The only ones screaming are US - the linux users. Some other countries are taking a stand and telling SCO to "Put up or shut up" and wining, Germany, poland and now Austrailia is getting in on it. WTF is wrong with the U.S.A.? Besides our Governemnt being OWNED by big corporations! Isn't there some laywer out there that would take on a class action lawsuit of all linux users and sue SCO for slander, extortion etc..?

    What the heck can be done to shut SCO the HELL up!

    --
    The Truth is a Virus!!!
    1. Re:Big Linux folks TOO quiet! by Zak3056 · · Score: 4, Insightful

      The big Linux folks are being way to quiet. Why don't we hear IBM, SuSE, Red Hat et all. Screaming at SCO or at least putting out their own press releases.

      Because there isn't anything to scream about! SCO has so far made vague allegations with NO specifics, and nothing else. The only thing that CAN be done is to say "It's not true. Wait until trial." which is what IBM et al. have already done.

      --
      What part of "shall not be infringed" is so hard to understand?
    2. Re:Big Linux folks TOO quiet! by praedor · · Score: 1

      Doesn't matter now because SCO is starting to do real harm to linux and threatening users and adoptors and even directing implicit accusations of theft at linux developers. Until SCO shows/proves that it has a case, it should be forced to restrain from making ANY claims against users. They don't have anything until AFTER the court games are all over yet they are behaving right now as if they have won. Nope. Put up or shut up NOW. Go ahead with the court case but refrain from trying to extort money or damage linux businesses any more.

      --
      In Bushworld, they struggle to keep church and state separate in Iraq as they increasingly merge the two in America.
    3. Re:Big Linux folks TOO quiet! by hedley · · Score: 1

      Is there a way when directly threatened by legal action from SCO to attach some rider in the language back to them that would state: (either of these)

      1) Thanks for your request for relief, we will contemplate paying licensing subject to the outcome of any pending litigation. Our policy is not to pay licensing on contested IP.

      OR

      2) Here is our payment for licensing it is to be repayable in full with interest should any pending legal decisions be found that invalidate the claims made for relief.

      I prefer 1).

      Give them nothing! Nothing!

      Hedley

    4. Re:Big Linux folks TOO quiet! by slimme · · Score: 1

      Yes, SCO is running around and yelling: the product you sell is illegal. You may not use it without a license.

      The claim gets picked up by the media and there are some business consequences.

      What would happen if the product would be autocad (or java, or ...)? Would they just wait and lose market share or would they stop SCO making unsubstantiated claims (and try to get damages repaid)?

    5. Re:Big Linux folks TOO quiet! by nathanh · · Score: 1
      Why don't we hear IBM, SuSE, Red Hat et all. Screaming at SCO or at least putting out their own press releases.

      IBM, SuSE and RedHat have already put out press releases. IBM's ended with "allegations not facts". RedHat said "SCO never approached us". SuSE said "there's no infringing code in Linux".

    6. Re:Big Linux folks TOO quiet! by pjrc · · Score: 1
      Why don't we hear IBM, SuSE, Red Hat et all.

      http://www.redhat.com/advice/speaks_rhletter2.html

      I know of this page because of a recent email (that presumably went to all customers), so it's not like they just put it up in an obscure location and didn't tell anyone.

    7. Re:Big Linux folks TOO quiet! by frkiii · · Score: 1

      I believe that IBM (RedHat, SuSe, etc.) could take SCO to court and attempt to have an injunction placed on SCO regarding their unsubstantiated claims regarding Linux, until the court proceedings are over.

      I am certain similar things have occurred in the past here in the good ol' U.S. of A.

      Regards,

      Fredrick

    8. Re:Big Linux folks TOO quiet! by Sanction · · Score: 1

      Unfortunately, the US is the one country where they cannot force SCO to prove their allegations or shut up. In a number of other countries they have already either been shut up or are in the process of having it done, due to their inability to prove their slanderous statements.

      --
      Well I'm the doctor and I say you're dead, so shut up and take it like a man!
  72. Risk Assesment by Waffle+Iron · · Score: 4, Insightful
    I like how PHBs asses risks. Today's topic: save a few bucks on IT expenditures.

    Option A: Save money on software by trying out a different operating system that has fewer up front and accounting costs and is known for stability.

    Assesment: Oooohhhh.... that's risky. Somebody might need to be trained! Somebody else might make outrageous unsubstantiated claims over ownership! Can't see how we'd do it.

    Option B: Save some money by firing the people who know how to run your business. Gather up the most intimate details and critical information about your operations and ship them 12,000 miles and 11 timezones to a second or third world country. Hope that nothing bad happens to your information. Hope that the world political climate stays stable enough to keep your business running over that tenuous link.

    Assesment: Yes, it's a no brainer! Woohoo! Let's do it! We're a cutting edge organization!

  73. blam blam blam by chef_raekwon · · Score: 1

    arrrrrgggggggggghhhhhhhhhhhhh

    another SCO story!!!!!!!!!!

    BLAM BLAM BLAM BLAM BLAM
    (poster, in a fit of rage, blasts bystanders)

    now...find that Daryl guy.....

    --
    We're like rats, in some experiment! -- George Costanza
  74. remedy hostage by Tablizer · · Score: 1

    The case I would perhaps make if I was a company dependent on Linux in a large way is that if SCO would tell the world which parts of the code are allegedly in violation, then coders could rework those. Being that SCO is keeping mum about that, we all just have to sit and wait. IOW, SCO is preventing us from remedying the situation by holding hostage information about what the specific violation is.

    The code is probably relatively trivial an issue compared to the stoppage of action caused by the lawsuit. It is not like there is a cure for cancer in the disputed code.

    1. Re:remedy hostage by tomhudson · · Score: 4, Insightful
      I'd just say that SCO doesn't have a case that will stand up in court, and they know it. They told IBM that IBM can no longer sell their (IBM's) version of Unix (AIX), and IBM told them where to go. If they actually had any sort of case, they would have gone to court and gotten an injunction. They didn't -- and actions speak louder than words.

      AIX represents only 2% of IBM's revenues, but that works out to about $2.4 billion a year, so it's not like they don't have a financial incentive - if they have a case. But they don't, and they're afraid to actually go before a judge.

      Then point out that Microsoft also knows that SCO doesn't have a case. Otherwise, Linux would not be rated by Microsoft as the number 2 threat (right after the ailing economy).

      Then, as a third point, mention that SCO cannot "license" Linux without violating both the GPL and the copyrights of the kernel authors, and that any company actually using such a license would also be in violation, and open to lawsuits.

      When they ask "So why is SCO doing this?", just point out that their shitty products cannot compete, and their only alternative was to go broke. Desperate || stupid poeple do desperate || stupid things :-)

    2. Re:remedy hostage by Anonymous Coward · · Score: 0
      Then, as a third point, mention that SCO cannot "license" Linux without violating both the GPL and the copyrights of the kernel authors, and that any company actually using such a license would also be in violation, and open to lawsuits.

      When they ask "So why is SCO doing this?"

      it's a test case for the GPL, presented by MS et al. they want the kernel org. to get mad and sue. I hope the FSF lawyers know what they're doing. it would suck to lose the first GPL test case.

    3. Re:remedy hostage by Anonymous Coward · · Score: 1
      If they actually had any sort of case, they would have gone to court and gotten an injunction.

      Huh? They've already officially requested it and asked the judge for an expedited review. And not just a temporary one, but a PERMANENT one.

    4. Re:remedy hostage by budgenator · · Score: 3, Interesting

      SCO isn't licensing Linux, they're licensing the UNIX they allege is in linux. The license is to "hold blameless" if they win (A VERY BIG IF), then when they lose, they still hold you blameless(SUCKERS).

      Is Windows a "safe" alternative? No way SCO said "solaris is safe" not windows is safe. first they knock down Linux through IBM, then they go after BSD, they'll claim that BSD breached their settlement and that places BSD back as a Sys V dirivative, and therefore MAC OS X and WINDOWS! All modern OSes except Solaris!

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    5. Re:remedy hostage by Anonymous Coward · · Score: 0
      they want the kernel org. to get mad and sue...

      And if they don't, they have no credibility. SCO definitely has the upper hand right now. And possibly more against "the community" than IBM itself, considering much of the allegedly stolen code they have found was input by other non-IBM persons.

      How will that effect this case you ask? It might not, except in any possible remedy, but it does set them up well for other litigations against a myriad of users/distributors/imbedders.

    6. Re:remedy hostage by MrResistor · · Score: 3, Insightful

      If they actually had any sort of case, they would have gone to court and gotten an injunction. They didn't -- and actions speak louder than words.

      AIX represents only 2% of IBM's revenues, but that works out to about $2.4 billion a year, so it's not like they don't have a financial incentive - if they have a case. But they don't, and they're afraid to actually go before a judge.


      In order to get a preliminary injunction you have to post a cash bond to cover the damages done to the other party. IBM's AIX revenues last year were slightly more than $3 billion, and the case won't go to court until 2005, and it will probably be another year at least before any kind of ruling, so at best they'd have to cover 3 years worth of damages.

      Where the hell is SCO going to get $9 billion in CASH?! Do you think, just maybe, that might be the reason they didn't ask for a preliminary injunction?

      I agree that they have no case, but I certainly won't make the mistake of basing that belief on the fact that they didn't seek a preliminary injunction.

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

      > And if they don't, they have no credibility.

      Nah. It's this whole convoluted GPL angle that has no credibility. That's why you hear it on the playground (slashdot), but the FSF won't have anything to do with it.

    8. Re:remedy hostage by tomhudson · · Score: 1
      Not quite :
      On Monday afternoon, SCO filed an amendment to its original lawsuit asking the US District Court of Utah to compel IBM to stop using and distributing AIX and to destroy or return all copies of Unix System V to SCO after revoking its license to
      By tacking it onto their original suit, instead of making a separate request, they've pretty much guaranteed that it won't come to a hearing for years. Doesn't sound like they are in a rush to make a presentation to the courts at this point.
    9. Re:remedy hostage by tomhudson · · Score: 1
      poster wrote:
      SCO isn't licensing Linux, they're licensing the UNIX they allege is in linux.
      And they can't do that. The terms under which Torvalds et. al. have released the kernel require that it be unencumbered (GNU copyleft). If SCO prevails, then SCO cannot "license" the unix in linux, as this would be an encumbrance on the distribution and use of the kernel. At that point, copyright holders (again, Torvalds et.al.) would then have to grant users the right to use linux under their terms. Not SCO's. If they say, "sorry, but you may not copy, use, or distribute our software in conjunction with any license from SCO", well, too bad. It's not up to SCO to say what can be done with other peoples IP (the old what's sauce for the goose is sauce for the gander argument. If it's good enough for SCO, it's good enough for Torvalds).
    10. Re:remedy hostage by tomhudson · · Score: 1
      Poster wrote:
      Where the hell is SCO going to get $9 billion in CASH?!
      If they had any sort of a case, they would certainly be able to get M$ to put up the bucks - after all, Gates has said he "respects" IP rights (though Microsoft has many times honored these rights in the breech thereof :-)

      Or they could show the world what the offending code is, and, if there really was a case, float enough shares to get the money (we're talking big bucks if they win). They don't have a case. They know it. IBM knows it. Microsoft knows it. We know it. About the only people who don't seem to be clued in are those with more money than brains, or for whom greed has made them blind.

    11. Re:remedy hostage by budgenator · · Score: 1

      I agree with you, I wasn't commenting on the merits or legality of it, it's just what SCO is doing. They'll never be able to enforce it, but if some pointy haired C*O decide to ante up, SCO will certainly just collect the money and hold them "blameless", smiling all the way to the bank! Look at it like a protection racket

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    12. Re:remedy hostage by tomhudson · · Score: 1
      Gotta wonder why nobody bothered to post this - quoted below:
      Reuters

      IBM moves to reassure customers on SCO lawsuit

      Thursday July 24, 9:31 pm ET

      NEW YORK, July 24 (Reuters) - International Business Machines Corp. (NYSE:IBM - News) is moving to reassure its customers about legal threats by SCO Group Inc. (NasdaqSC:SCOX - News), the software company that has accused IBM of distributing code it owns in versions of the free Linux operating system.

      Lindon, Utah-based SCO has sued IBM, saying the computer maker used parts of its Unix operating system code to enhance the performance of Linux - a freely available operating system increasingly used to run corporate computer networks,

      IBM, the world's largest computer company, has rejected SCO's claims, saying it has not demonstrated that its intellectual property rights have been violated.

      SCO's Unix-based software is used to run heavy corporate tasks such as accounting and manufacturing systems and is licensed by IBM for use in its own version of Unix, known as AIX.

      Earlier this week, SCO said it would offer licenses to companies that are using the version of Linux distributed by IBM, saying IBM customers would then be protected in using the software "without having to go into the courtroom."

      In a memo for IBM sales representatives obtained by Reuters, the Armonk, N.Y.-based computer company said "SCO is asking customers to pay money based on pure unsubstantiated threats, without offering any facts."

      The memo told IBM sales representatives: "Remember, we are counting on you to make sure that customers with questions or concerns get the correct facts."

      SCO Spokesman Blake Stowell said the memo was a sign that IBM saw SCO's claims as a viable threat.

      "I think they are taking the threat seriously otherwise they wouldn't be informing their salespeople about that," he said. "We've had a lot of customers suggest they'd be interested in taking out a license."

      An IBM spokeswoman declined to comment.

      Ya goot wonder how disconnected from reality SCOs people are when they claim this means IBM sees them as a viable threat. To me, it seems more like IBM saying to its' reps "Don't let your customers succumb to the wave of bullshit."
    13. Re:remedy hostage by Anonymous Coward · · Score: 0

      Before Caldera bought Santa Cruz Operation...
      when SCO really served its customers, the Santa
      Cruz boys really worked their tails off to help
      their customers. After Santa Cruz was usurped
      by Caldera...really Microsoft's behind the scenes
      investor Paul Allen did the dirty work... then
      the SCO paradigm changed.
      By the way, before Caldera bought SCO, Paul
      Allen and Ransom Love and company had defrauded
      the Caldera investors of 98 percent of the valuation of the stock. Those who ran Caldera
      then, and those who run SCO now are the same
      theives and microsoft shills that stole all that
      money. They have only the conscionce of the
      sociopath that fears only being caught.
      Also by the way, if the past is any guide,
      I predict that any new SCO product will be like
      the old Caldera products. They will have a
      slick install program that really will install
      the system fast. Only trouble is: the system
      will not work reliably or work for long. How
      many of you bought a Caldera distro that crashed
      and burned because of a thunderstorm or junior
      pulled the plug.....then lost the entire installation and every byte of data on it. I did,
      then I realized that Caldera distros were junk
      and went to another one....SuSE or Red Hat....
      THAT WORKED!

  75. Re:Where is the trenchcoat mafia when you need the by DunbarTheInept · · Score: 0


    Too bad real life isn't like the Sims where I could drop Eric Harris and Dylan Klebold into SCO's headquarters with some sawed-off shotguns and enough ammo to level the alamo.

    That's too quick an end for them. Just have them
    walk upstairs, and then delete the stairs. Make sure all the food and toilet facilities are on the ground floor. Sit back and enjoy their long demise.

    --

    Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

  76. Since Linus Torvalds owns the Linux trademarks... by TigerPlish · · Score: 2, Interesting

    Can't he sue SCO for slander? A preemptive move. Yeah, I know: Linus == small beans, SCO == bigger beans. Wouldn't that be where the EFF comes in? Or a community action to make fundage available?

    IMO, Linux is taking a beating in the eyes of the PHBs. My own PHB is wondering wtf is up. She knows SCO sucks so bad it bends light, but further up the food chain, the CFO doesn't. And that CFO once had a dictum that `only M$ was to be used in our company.' That dictum has since been ignored, bent and rescinded, but.. ya know. Weak minds and all.

    This is exactly the type of person all this FUD is targeted at. The PHBs and above.

    --
    The "Civilized World" jumped the shark ca. 1973.
  77. "knoll" by Anonymous Coward · · Score: 0

    I'm generally not a grammar nazi, but the spelling of slashdot users seems particularly atrocious. Good lord...

  78. Re:More /. Ignorance by Jerk+City+Troll · · Score: 1

    If you do this, someday you might actually have a sex with a living, breathing, *biped* (of the OPPOSITE sex)...

    "Biped" does not imply human, and perhaps your experience is along these lines. Care to elaborate?

    While you elaborating, please feel free to be inspired by this:

    curl http://www.gnu.org/music/free-software-song.au > /dev/dsp

  79. Re:use *BSD by eric76 · · Score: 1

    Don't assume that the problem you are having is typical with any version of BSD.

    I use OpenBSD heavily and have used FreeBSD and NetBSD and I've never seen that type of performance problem on any of them. And my fastest BSD machine is only 233 MHz.

    I did a quick test by creating a 23 MB file in one directory on a moderately loaded 233 MHz Compaq running OpenBSD 3.3 and I was able to copy it to another directory in 2.89 seconds.

  80. Should You Put Yourself at Risk By Using Linux? by reallocate · · Score: 3, Insightful

    I think you're quite wrong. Evidence or not, SCO is, in fact, suing people. That's the risk Whether or not their case is credible is irrelevant. Paying lawyers is expensive, even if you win.

    Suppose someone in your town decided to sue everyone who shopped at Grocery A. Even if you were convinced that their case was baseless, wouldn't you think about shopping at Grocery B until the issue was resolved??

    Should a company put itself at risk by using Linux?

    --
    -- Slashdot: When Public Access TV Says "No"
    1. Re:Should You Put Yourself at Risk By Using Linux? by bnenning · · Score: 1
      Evidence or not, SCO is, in fact, suing people.


      At present they are only suing IBM for breach of contract.


      Suppose someone in your town decided to sue everyone who shopped at Grocery A. Even if you were convinced that their case was baseless, wouldn't you think about shopping at Grocery B until the issue was resolved??


      No. Extortionists should be rewarded.

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
    2. Re:Should You Put Yourself at Risk By Using Linux? by Outland+Traveller · · Score: 1

      In the US, anyone can sue you for any reason. There's nothing you can do about that. It's the risk you take for existing over here.

      I work for a few companies that use Linux, and I can tell you that not one of them believe they are "putting themselves at risk" due do SCO's actions. It's only unsubstantiated fear. Remember, fear is the mind-killer! *grin*

    3. Re:Should You Put Yourself at Risk By Using Linux? by reallocate · · Score: 1

      The companies you work for are probably right. But, if they weren't already using Linux, wouldn't they be irresponsible if they ignored SCO when considering their next software buy?

      --
      -- Slashdot: When Public Access TV Says "No"
    4. Re:Should You Put Yourself at Risk By Using Linux? by alienw · · Score: 2, Informative

      Evidence or not, SCO is, in fact, suing people.

      I'm not sure where everyone is getting the "SCO is suing people" part. SCO, so far, has only sued IBM, and even that's over a CONTRACT violation that barely involves Linux at all. So far, SCO has not sued or threatened to sue anyone using Linux. They are just blowing hot air.

    5. Re:Should You Put Yourself at Risk By Using Linux? by Anonymous Coward · · Score: 0

      >> So far, SCO has not sued or threatened to sue anyone using Linux.

      They most certainly have threatened to sue people if those people do not buy the license they are offering.

    6. Re:Should You Put Yourself at Risk By Using Linux? by WindBourne · · Score: 1

      Evidence or not, SCO is, in fact, suing people.
      Cool. Who are they sueing other than IBM? and for what? All I have heard is a contract law suit with IBM.

      --
      I prefer the "u" in honour as it seems to be missing these days.
    7. Re:Should You Put Yourself at Risk By Using Linux? by Anonymous Coward · · Score: 0

      > Suppose someone in your town decided to sue everyone who shopped at Grocery A. Even if you were convinced that their case was baseless, wouldn't you think about shopping at Grocery B until the issue was resolved??

      No. I would give Grocery A extra business.

      Fortunately, not everyone is a coward like you, otherwise the world would be a sorry place.

      SCO is an economic terrorist, and we should do everything we can to oppose them. And the same goes for Microsoft, with their FUD, fraud, lock-in, polluting Java, and so on.

    8. Re:Should You Put Yourself at Risk By Using Linux? by reallocate · · Score: 1

      Good for you. Nice to know you can thump your chest with the best of 'em.

      Just don't go being brave with my money.

      Let's change the analogy a bit. Let's say you're the CEO of a small but publicly held corporation, and your company cafeteria buys all its supplies at Grocery A. Are you willing to risk other people's money rather than tell the cafeteria manager to shop at Grocery B?

      Bravery or cowardice have no role in this. People who manage businesses are responsible for the use of other people's money. They have no right to fight their own moral crusades using someone else's money.

      --
      -- Slashdot: When Public Access TV Says "No"
    9. Re:Should You Put Yourself at Risk By Using Linux? by Anonymous Coward · · Score: 0

      > Are you willing to risk other people's money

      My customer's choose me for two reasons:
      1. Because I am honest.
      2. Because I avoid unnecessary risks.

      Because I am honest, I don't cave in to con men and extortionists. If everyone just gave in, as you suggest, then the entire country would be run by organized crime. Fortunately, there are other honest businessmen beside me.

      Because I avoid unnecessary risks, there is no Microsoft software running on my web-hosting site. The web services that I provide for my customers have been running, without one second of down time, for over a year.

      I also don't use Microsoft software when developing custom software for my clients. For example, if I had used Microsoft J++, instead of Java, then my clients' software would now be dependent on an unsupported, and possibly illegal platform.

      Risk management means more than just running scared at the first sign of FUD. If I reacted to SCO's unsubstantiated threats by replacing my Linux installation with Windows, then I would be putting my customers at MORE risk, not less.

    10. Re:Should You Put Yourself at Risk By Using Linux? by root+66 · · Score: 1

      > Paying lawyers is expensive, even if you win.

      That's what I like about the German legal system: the party who loses the case, has to pay ALL the bills, including the other side's lawyers.

      AFAIK we're the only (or one of the few) country doing this. And I think it's right.*

      Because if someone's wrong, i.e. he as infridged the law or some other person's rights, then this someone (or company) should be held liable in every way.

      Legal costs must in no way stop poor people to demand their rights.

      * of course I think/know that *a lot* of things are wrong with the German legal system, but the basic thoughts are possibly the best you can have in a legal system.

      --
      -- I love the smell of Blue Screens in the morning.
    11. Re:Should You Put Yourself at Risk By Using Linux? by alienw · · Score: 1

      They most certainly have threatened to sue people if those people do not buy the license they are offering.

      Really? As in, a real, formal threat rather than saying something to that effect in an interview with CNET? I don't think so. Even their letter, which has since been removed from their website (probably due to its questionable legality), does not threaten anything directly. This is the only clause that suggests a threat:

      Similar to analogous efforts underway in the music industry, we are prepared to take all actions necessary to stop the ongoing violation of our intellectual property or other rights.

      That's great, but I don't think that qualifies as a threat. It's more like hot air. If you have heard of anyone getting an official cease-and-desist letter from SCO, please post a link.

    12. Re:Should You Put Yourself at Risk By Using Linux? by eniu!uine · · Score: 1

      > Evidence or not, SCO is, in fact, suing people.

      Incorrect. SCO is suing IBM, and it is over a contract dispute, not a copyright infringement. They have made statements to the effect that they will sue others, but in order to do that they will have to reveal alleged infringing code.... code that can be either verified to be legit or rewritten entirely. Therefore SCO has the ability to make at best one successful lawsuit, but the reality is that even this would be unlikely to be successful. Everyone knows that SCO could have named the code in question a long time ago, giving the alleged violators an opportunity to discontinue use of the code. In other words they have made no attempt to contain the 'damages'. If I read this situation correctly, SCO will avoid revealing the code for as long as they can while they attempt to extort licenses from Linux users. In the mean time, people are very right to suggest someone countersue for damages against SCO. Companies who rely on the sale of Linux could easily sue SCO and get a court to rule at the very least that they must reveal the alleged infringing code. People need to be very aware that SCO owns precisely dick when it comes to patents on these technologies(NUMA, RCU, SMP etc), so they WILL be rewritten in the unlikely event that they really do infringe.

    13. Re:Should You Put Yourself at Risk By Using Linux? by dcavanaugh · · Score: 1

      Where was this logic when Microsoft was under attack from the DOJ and numerous states?

    14. Re:Should You Put Yourself at Risk By Using Linux? by reallocate · · Score: 1

      What are you trying to say? That someone was threatening to sue companies who deployed Microsoft?

      --
      -- Slashdot: When Public Access TV Says "No"
    15. Re:Should You Put Yourself at Risk By Using Linux? by dcavanaugh · · Score: 1

      No.

      The threat against companies using Linux is the least likely to materialize. I don't think even Gartner takes that threat seriously. If that case had any merit, SCO would have selected a "deep pockets" target and sued by now.

      The "risk" is that SCO somehow wins, IBM abandons Linux, and the distributors are forced to pay royalties to SCO. That's a bad day for all parties concerned. It would pretty much kill the development community. The people who wrote all that code for free are unlikely to continue if the end result is another "licensed" commercial product.

      I seriously doubt that SCO can pull it off. If GPL is enforcable, they will be hard-pressed to claim infringement of either patent or copyright over the code that was given away by them and redistributed by others. If GPL is to be ignored, the future of open source is very much in doubt. If SCO manages to simply walk away from their obligations under GPL, then the door is wide open for corporations to walk away from all kinds of contracts, not necessarily limited to software licensing.

    16. Re:Should You Put Yourself at Risk By Using Linux? by reallocate · · Score: 1

      I agree that the threat against companies currently using Linux is least likely to materialize. I do believe, however, that a potential threat exists if a company makes new investments in Linux. The bigger the company and the bigger the investment, the bigger the threat.

      A threat like that poses a risk because, at a minimum, it adds the cost of dealing with the threat to the cost of buying Linux. If SCO, in fact, brings suit, then the company must bear the additional risk and cost of fighting that suit. Even if the company defeats SCO, it has cost them money and time that they'd otherwise retain if they had not bought Linux.

      So, there's the potential financial risk that will exist until SCO changes its behavior.

      It will be interesting to see what happens re: enforcing the GPL. I think there is a strong possibility that courts will view it as similar to shrink-wrapped EULA's, in that the "contract" is consumated as a by-product of acquiring and installing the software. The assumption that the software user read, understood and agreed to the license cannot be proven.

      --
      -- Slashdot: When Public Access TV Says "No"
    17. Re:Should You Put Yourself at Risk By Using Linux? by dcavanaugh · · Score: 1

      How does a new investment increase the threat level over a pre-existing investment? Even if SCO manages to sue companies that use Linux, how are they going to distinguish old vs. new? Does it really matter? Not even Gartner suggests abandoning existing Linux installations, so the risk of a SCO lawsuit would appear to be about the same for anyone that currently uses Linux. Also note that Gartner has nothing to say about paying for SCO's new "Linux license", which would allegedly shield companies from SCO lawsuits. If nobody is seriously considering paying for a license, then the threat can't be all that great.

      Granted, new installs would increase the cost if you had to tear down the whole thing, but what are the odds of THAT? Hell, there is a chance that penguin commandos will wipe out Redmond with a guided missile -- people continue to buy Windows despite the "risk".

      Speaking of the "risk" of Windows, there is always the threat of BSA audit. Hardly anyone emerges from one of those unscathed, even if they make serious efforts to track licenses and utilization. BSA has audited many more companies than SCO has sued.

      You make an interesting point about GPL and how it might be related to EULAs. If GPL is not enforceable, then I don't see how EULAs will fare any better. If Microsoft somehow funds the SCO vs. IBM battle to successful conclusion, it would be poetic justice for Microsoft to drown in a sea of piracy when its EULAs suffer the same fate as GPL.

    18. Re:Should You Put Yourself at Risk By Using Linux? by reallocate · · Score: 1

      >> ...the risk of a SCO lawsuit would appear to be about the same for anyone that currently uses Linux...

      You argued earlier that the risk was least for current Limux users, implying that the risk increases for new buyers.

      But, listen...the only risk that I'm talking about is the financial risk of being forced to fend off a SCO suit. As long as SCO makes noises about taking legal action against corporations for using Linux, the threat of a suit remains. And that's a risk for any company thinking about Linux.

      >> If GPL is not enforceable, then I don't see how EULAs will fare any better.

      The courts won't negate the EULA. The enforcability of the GPL may come into question because, unlike a EULA on a shrink-wrapped pacakge or embedded in an install routine, users of most GPL software can claim that they didn't read the license. (How many GPL programs stop during the install routine, and continue only when the user indicates agreement with the license?)

      Come to think of it, there's nothing to prohibit the GPL being treated packaged as a EULA.

      In any case, the EULA (or the GPL) isn't necessary to protect the copyright holder's rights.

      --
      -- Slashdot: When Public Access TV Says "No"
    19. Re:Should You Put Yourself at Risk By Using Linux? by dcavanaugh · · Score: 1

      "You argued earlier that the risk was least for current Limux users, implying that the risk increases for new buyers."

      I did? I see no way for anyone to distinguish new vs. pre-existing Linux installations. I challenge anyone to explain how new Linux installs increase the odds of being sued, beyond whatever trivial risk there might be as a pre-existing Linux user.

      Look at SCO's financials. How much money do you think they have in the bank? How much will Canopy Group put up to launch these little missiles? If you were an investment banker, would YOU extend credit to SCO?

      A popular opinion is that SCO is aiming for a buyout; this makes perfect sense when you consider what they sell and their prospects for the future. How is suing Linux users going to advance that goal?

  81. Re:Where is the trenchcoat mafia when you need the by DunbarTheInept · · Score: 1

    (By "them" I was referring to SCO heads, of course, not Harris and Klebold, athough they would deserve similar treatment.)

    --

    Don't label something "offtopic" unless you know the topic well enough to tell what's on topic.

  82. Re:Apple Is IN THE GAME by Ciderx · · Score: 1

    uptime is measured in years, you say?

    On a product that was only released a year ago?

    Or do you mean it comes up saying "Kernel Panic - Uptime: 0.043 years"?

  83. nothing is proven!! by Anonymous Coward · · Score: 0

    I usually don't see the simplest statement that should be made in most news stories about this topic: these are allegations! If you base your actions on allegations, you're an idiot anyway.

  84. f4L3y0R3!! by Anonymous Coward · · Score: 0

    u R teh f4L3y0R3!!

    beeyotch!!!

    1. Re:f4L3y0R3!! by Anonymous Coward · · Score: 0

      And yuou are a fucking faggot ass pillow biting bitch

  85. It's time to complain to AG, FTC, and DOJ by walterbyrd · · Score: 5, Informative

    It only takes a minute. If enough people complain, somebody may take notice. I am including web-sites and a sample letter.

    https://rn.ftc.gov/pls/dod/wsolcq$.startup?Z_ORG _C ODE=PU01
    http://naag.org/naag/feedback_form.php?s ubject=COM MENT
    http://www.usdoj.gov/contact-us.html

    As the representative of a small business. I am writing to file a complaint regarding the actions of the SCO Group.

    SCO is making unspecific and unsubstantiated claims that it owns copyright pertaining to the Linux operating system. SCO is threatening legal action against anybody who uses Linux. SCO has stated that the only way anybody can avoid legal
    action from SCO, is to purchase SCO's UnixWare product.

    In deference to anything SCO may be claiming: SCO does not own Linux, nor does SCO have any special rights to Linux. Linux is protected by the General Public License (GPL). SCO has no more rights to tell people they can't use Linux, than SCO has to tell people they can't use MS-Windows.

    Would you please investigate the claims that SCO is making so that small businesses and other companies are not pressured into making unwarranted payments.

    Contact information for the SCO Group:
    The SCO Group
    355 South 520 West, Suite 100
    Lindon, Utah 84042
    801.765.4999 phone
    801.765.1313 fax

    1. Re:It's time to complain to AG, FTC, and DOJ by Anonymous Coward · · Score: 0

      And at the same time, can be deluge the SEC with requests to investigate SCO for securities fraud? And can we overwhelm our local House Reps and state senators with the concerns that small businesses that use Linux face by this? If this continues, SCO's unsubstantiated claims could exhibit strong negative effects on the economy. Get everyone involved, even the media!

    2. Re:It's time to complain to AG, FTC, and DOJ by Batavus · · Score: 1

      Complaints sent. Anyone else join in?

      --
      PG.. Law of probable dispersal: Whatever it is that hits the fan will not be evenly distributed.
  86. I wonder... by borgdows · · Score: 1

    ...why Gartner doesn't say "Delay Windows deployment due to Intertrust"

    I think the community should really FUD back with the problem of Intertrust patents on Windows, which is a *serious* case, in the contrary of SCO's.

  87. All RIGHT!!!! by Anonymous Coward · · Score: 0

    WAY TO GO SCO!!!!

  88. Let's not lose the forest for the trees by budGibson · · Score: 1

    My read on it is this. SCO through FUD or legal wrangling might succeed in slowing down Linux or even stopping it. However, the MUCH LARGER TREND IS THE MOVE TOWARD OPEN SOURCE AND OPEN STANDARDS which SCO cannot really affect. Corporations are demanding it as they resist proprietary lock-in.

    The same infrastructure niche occupied by linux could be easily occupied by BSD. Linux could even expurgate offending code if needed be and resurrect itself. If SCO is going to make its claims stick, they are going to have to demonstrate the copyright violation. They will have to make a case as to why they are not going after distributors of linux.

    Their hope is that people will be sufficiently locked in to linux that they cannot change, making it possible for SCO to extract its tax IF their claims prove out. However, how many people are actually running their oracle database on linux? or their DB2 database?

    Further, oracle is being supplanted by open source databases that will run on multiple platforms for lower level tasks.

    Finally, SCO's threats seem to be making no grounds overseas. Linux will not be stopped there. Ultimately, we may find ourselves in a situation where the largest computer markets (China, Japan) are opting for low cost software options in Linux while America is fighting this constant monopoly war.

    In the end, I think the long-term trend stays. The real question is what of American firms in the short to medium term?

  89. Perfect time to evaluate one of the BSDs by Helevius · · Score: 2, Insightful
    The BSD's legal trouble in the 1990's helped Linux gain popularity at BSD's expense. Now it may be time for the enterprise to remember BSD can do everything Linux can do -- sometimes better!

    Helevius

  90. Gartner could be replaced by a 5 line script by tjstork · · Score: 5, Funny


    sleep( rand() % 1000000 );

    printf( "we recommend you stick with windows.\n" ); // thanks bill gates for this sweet job

    --
    This is my sig.
    1. Re:Gartner could be replaced by a 5 line script by acerbix · · Score: 1

      Whoa!!! Watch out!!!!! do you really want to be sued by SCO for publishing *some more* of their proprietary source code?

    2. Re:Gartner could be replaced by a 5 line script by Anonymous Coward · · Score: 0

      Wow! That script you wrote just saved my company millions each year! Thanks a bunch!

      Sincerely,
      Bill Gates

    3. Re:Gartner could be replaced by a 5 line script by Alsee · · Score: 1

      5 line script

      I only count two lines, and you forgot to make it loop.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    4. Re:Gartner could be replaced by a 5 line script by cant_get_a_good_nick · · Score: 1

      actually, why didn't you code this in shell?


      sleep $(expr $RANDOM % 1000000)
      echo "We recommend you stick with Windows"


      Then Gartner can truly be replaced with a small shell script

    5. Re:Gartner could be replaced by a 5 line script by mwing · · Score: 1

      I think you're expressing just what this shirt is all about.

  91. Wait.... by SpikyTux · · Score: 1

    Just wait a minute... Are you trying to suggest me to delay deployment of Linux for a something based of FUD, which doesn't have a case at all; and to switch to Windows, which I'll have to pay for hefty licensing fee?

    So in another words, you're suggesting me not to deploy Linux because I might have tiniest chances to pay licensing fee to SCO and to go for Windows, which I'll definitely have to pay a huge amount of money to Microsoft?

  92. One thing about FUD by UltraWide · · Score: 1

    It seems that no media in Sweden has hopped on this FUD from SCO.

    I am thankful for that and it seems like media in europe either does not care or don't buy this crap that SCO spreads.

    Anyone else noticed this? How does these news spread here in Europe?

    --
    I really HAD another userid .. I promise!
  93. Re:use *BSD by AKAImBatman · · Score: 1

    Dude, YHBT. This is the old "Apple" troll from YEARS ago.

  94. Gartner need some review: by westyvw · · Score: 1

    Gartner is a huge research firm. I have been in meetings about many different topics in many different realms, such as health care, new computer structures, etc.

    I want to see a comparison/contrast to gartners recommendations and WHO was paying the bill to do the research. I have this funny feeling that, like many research groups, that they are trying to maintain a positive relationship with whoever if feeding them the money.

    Anyone want to do a little snooping?

    1. Re:Gartner need some review: by Anonymous Coward · · Score: 0

      The comments here are a bit hard on Gartner, and a bit unfair. Having been there six years, I've yet to see the supposed payments that come in to write about something. Analysts are taught to not be afraid to be wrong, but every one that I know goes out of their way to avoid being in the pocket of a vendor. For example, Gartner does not do white papers for vendors, a common activity of other analyst firms. The advice given may not be Linux friendly this time, but look more deeply to all of what is being said about open source and Linux in general.

  95. GNU Hurd to get more focus? by aSiTiC · · Score: 1
    I would hope that the Linux problems would help GNU Hurd gain some more focus. Of course needless to say Hurd has not had a good track record, but they are finally getting some machines running such as at the Linux Tag 2003:

    Hurd at Linux Tag 2003

    Hope to see more.

    1. Re:GNU Hurd to get more focus? by Quill_28 · · Score: 1

      >all free systems should aim at replacing >proprietary systems together.

      Is it any wonder why I don't like the GPL.

    2. Re:GNU Hurd to get more focus? by glenstar · · Score: 1
      Can't...stop...self...from...argh! It's too much!

      There have been surprisingly many people asking about the Hurd.
      Questions like: "When the fuck is it going to be done?"

      ...of course I answered the latter question just by smiling and entering `startx'.
      Which left the cursor blinking at a shiny bash prompt.

      On sunday afternoon, I was giving a presentation about the Hurd, which was scheduled to take one hour, of which I used only 35 minutes
      Because the machine would spontaneously reboot every 30 seconds...

      ...plus a few for answering questions from people coming to me after the talk
      Questions like: "Why the fuck does it reboot every 30 seconds?"

      Three people told me that the talk was great (and one said it was ``exciting'')
      Ahem... somebody's a virgin.

      We almost managed to have me give the presentation on a GNU/Hurd system itself...
      (Haha... I can't even think of a response to this, I am laughing too hard!)

      Note for humor impaired: it is just too much damn fun to poke fun at HURD. Really, I mean no overt offense...

  96. Just wondering.. by DJ+Rubbie · · Score: 1

    If Intertrust successfully stops Microsoft from selling Windows, I wonder what might happen. I don't see that particular group highlighting this issue, and I think the whole media is not giving enough exposure about the patent allegations (about DRM, etc) Microsoft is suffering from.

    Maybe FreeBSD might gain some ground afterall...

    --
    Please direct all bug reports to /dev/null
  97. Here's the beauty of the situation by FatAssBastard · · Score: 2, Insightful

    Will all the current FUD have a bit of a slow-down effect on businesses using Linux? Probably.

    Does the SCO situation, and the resultant FUD from Gartner and others piss me (and most/all other Linux users) off? Definitely.

    But here's the thing to remember: Linux isn't OS2, or DR-DOS or even Netscape/Mozilla. Since Linux is GPL, this kind of FUD can't kill it. Slow it down a bit, maybe, but even that is arguable.

    So while we should do everything we can to combat the SCO FUD (like file a complaint with the FTC), don't worry too strenuously. Linux is one product that will survive and thrive based on its merits, not good or bad publicity.

    And yes, I know that Caldera/SCO got approximately $155MM from Microsoft for DR-DOS, but where is DR-DOS as a competitor to MS/Windows? That's right, nowhere, because MS killed it, even though it was considered by some to be a far superior product.

    --
    /.: why the hell am I here?
  98. In other news... by vistic · · Score: 1

    The Gartner Group was acquired yesterday by Microsoft Corporation.

  99. Form an orderly queue.... by mormop · · Score: 2, Interesting

    to say sorry to poor Mr Stallman, all those people who've been taking the piss for his insistance at the GNU (Gnu's Not Unix) Tab before Linux ;)

    --
    Hmmmmmm..... Deep fried and look like Squirrel.
  100. morons saying the hole scam is overt by Anonymous Coward · · Score: 0

    that's it. forget it fuddles, your corepirate hypenosys is BAD history.

    consult with/trust in yOUR creator. vote with yOUR wallet. that's the spirit.

    the penguinistas win buy a LANslide. that's it.

    don't let those fauxking Godless greed/fear buyassed felons/softwar gangsters bullow ANY more smoke up yOUR .asp(s).

  101. SCO's ploy is dangerous to Linux users by Infonaut · · Score: 4, Insightful
    Reallocate is dead on and should be modded up.

    If you run a company, your job is to make sure the company makes money and provides return to stockholders. Championing a technology for its own sake is ludicrous if you're an O-level person in a company. Linux has made inroads in the corporate world by providing a better return on investment than the alternatives. ROI drops radically when you have to spend money on legal fees just to use a given technology.

    Sure, SCO is using FUD to disrupt the Linux market. But the fact remains that FUD is very powerful when backed by high-powered lawyers and a bankroll.

    The corporate backers of GNU/Linux (notably IBM, which is the real target of all this tomfoolery) need to get off their asses and go on the offensive. Unfortunately in the technology world, how you spin your side of things to the press is just as important as the real facts. IBM may have the facts on their side, but they are losing the PR battle. If IBM continues to loose the PR battle, then Linux will really take it in the shins.

    --
    Read the EFF's Fair Use FAQ
    1. Re:SCO's ploy is dangerous to Linux users by kberg108 · · Score: 0

      I don't think IBM is going to stop shipping linux without a major fight. besides SCO can only legaly lay claim to certain pieces of Linux that IBM supposedly used in the linux kernel. I think the people of slashdot and others are not very informed on the subject and if they were would not be worried. the only legal thing to come of this is a revocation if IBM's license on the use of unix code. however the license is mutually exclusive and paid in full and therefore does not allow a stipulation on it's use which is exactly what the IBM case is. Also IBM has never used the media as a staging ground to fight it's legal battles they use the court room.

      --
      I like things that are sweet and not things that are lame. --
    2. Re:SCO's ploy is dangerous to Linux users by Anonymous Coward · · Score: 0

      The best offenses are calculated and careful. Everybody needs to bide their time on this one. If we act too early, we risk missing our chance at dealing the fatal blow.

      If our only wounds are a few black eyes and some hurt pride, then SCO's punishment is maybe a slap on the wrist.

      If our wounds run deeper than this, then SCO's just reward is utter destruction. We must wait, gather intelligence, count our losses, and then at the _right_ moment, retaliate with overwhelming force of evidence.

      The resulting attack on SCO must be so decisive, that the heat from their legal destruction fires Linux into a hardened brick, impervious to future attacks of this nature.

      Ultimately, it is SCOs spectacular failure that will prove to the world that Linux is safe.

      Let us wait for them to show weakness first. Let them fail in their own battle, which is inevitable, and then we shall destroy them.

  102. Re:use *BSD by MachineShedFred · · Score: 1, Informative

    Okay, I've seen this post with different operating systems several times now, and it's not getting any more compelling with time.

    It was somewhat cute when used against Mac OS X, a little tired when used against Windows, extremely boring when quoted verbatim against Linux, and just plain stupid against *BSD.

    Go find a bridge to hide under, troll.

    --
    Slashdot still doesnâ(TM)t support Unicode after it was added to the HTML standard in 1997.
  103. This smacks of... by Flower · · Score: 1

    Coporate McCarthy^H^H^H^H^H^HBrideism. How much damage does SCO get to do - based upon currently unfounded allegations - before they get told to shut up?

    --
    I don't want knowledge. I want certainty. - Law, David Bowie
  104. Re: Apple has always lived up to its expectations by Anonymous Coward · · Score: 0

    Did they deliver a second mouse button yet?

  105. Re:Why? by bmj · · Score: 1

    SCO will not affect linux at all. Hell my whole company runs on linux and I'm not switching a damn thing till something is proven.

    How big is your company? Did you actually go out and buy boxed server distros, or did you download isos? Are your workstations running linux?

    If you actually bought boxed distros, that's fantastic. And if most of your workstations are running linux as well, even better. But it sounds like you (and the company) use linux because you know it works for you. You don't need the Gartner group to tell you that. So the SCO litigation won't affect companies like yours, but they will affect the large companies that are important to the growth of linux as a true enterprise business solution.

    --
    Whereof we cannot speak, thereof we must be silent. --Ludwig Wittgenstein
  106. Is Gartner succumbing to SCO's FUD campaign? by eric76 · · Score: 2, Interesting

    I'm wondering when Gartner is going to start recommending everyone stay away from Windows because of InterTrust's patent infringement lawsuit against Microsoft.

    That would seem to be a lot stronger case than SCO's unproven/unprovable/nonexistent/absurd claims against IBM.

    Even if SCO's claims were on the level, wouldn't patent infringements be stronger than copyright infringements? Assuming SCO did have a case, why would they have a case against users of Linux who haven't violated SCO's copyrights (violations of copyright law are, I understand, issues of copying, something that most Linux users are not doing) and InterTrust not have a case against everyone with Microsoft software that is likely to be considered to be patent infringements of InterTrust's patents?

    Is it because Gartner is succumbing to SCO's compaign of FUD? Or is Gartner in a position to lose money with the increased use of Linux? Or maybe just make more money if Microsoft dominates?

    I wonder how frequently, if ever, a user who bought a legitimate copy of something that turned out to be an inadvertant copyright infringement has been held liable for that copy.

  107. Just remove the #(*&!^ code by whitelabrat · · Score: 1

    If somebody removes the offending code and replaces it with something functionally similar that would be a nice kick in the balls (if they have any) to SCO right?

  108. Re:More /. Ignorance by Anonymous Coward · · Score: 0

    Wonderful post!! I would add as well: get a haircut and lose the disgusting arrogance.

  109. What is Gartner Thinking With Recommendation #1! by ipandithurts · · Score: 1

    Gartner's FIRST recommendation is to "Contact SCO to discuss its claims, compensation requirements and your potential future liability." Why don't you as a company simply paint a big bullseye on yourself and jump up and down until SCO notices you.

    First, it's very bad advice to tell someone to admit to SCO that you have Linux 2.4 as well as draw attention to yourself when there's 1500 other companies that they are busy with. Sure, if you are one of the 1500 companies that received this "letter," then by all means communicate back or you'll likely be one of the parties named on the first lawsuit. (Does anyone have a copy of this letter to post or mail to me? I'd love to see it.) Otherwise, go evaluate your exposure, the risk associated with that exposure, as well as alternatives first before handing SCO the lube and bending over.

    After all if you don't, the IRS will think you're cheating on her, and you know what kind of a jealous bitch she can be!

    At least I know Gartner will never be competition for me or other attorneys!

    --

    Stop undressing me with your eyes. I'm ugly naked.
  110. Gartner kinda has to say this... by rainmanjag · · Score: 4, Insightful

    IANAL, but I think Gartner is obligated to give cautionary advice toward Linux. If Gartner simply stated that the SCO claims are false and their legal threats are FUD, a company paid for and followed their advice, and strangely SCO won the suit or sued Gartner's customer, then Gartner would be held legally liable for their legal advice. They could be sued for dismissing SCO's claims as absurd, regardless of how absurd they actually are.

    As much as we all know SCO's full of shit, if there's a suit filed, there's always a chance they'll win. Gartner can't afford to ignore that.

    -jag

    --
    http://starboard.flowtheory.net/
    1. Re:Gartner kinda has to say this... by Anonymous Coward · · Score: 0

      They are not offering legal advice.

    2. Re:Gartner kinda has to say this... by ipandithurts · · Score: 1

      Just remember that the conventional wisdom was also that Lemelson could never win. He's laughing all the way to the bank now!

      --

      Stop undressing me with your eyes. I'm ugly naked.
    3. Re:Gartner kinda has to say this... by Anonymous Coward · · Score: 0

      If so, Then they need to make a similar announcement concerning microsoft's recent patent lawsuit.

    4. Re:Gartner kinda has to say this... by buss_error · · Score: 2, Insightful
      If Gartner simply stated that the SCO claims are false and their legal threats are FUD, a company paid for and followed their advice, and strangely SCO won the suit or sued Gartner's customer, then Gartner would be held legally liable for their legal advice.

      Gartner isn't a law firm, nor do they give legal advice. They simply could have said nothing.

      The question I have is what motivated Gartner's statement? What did they have to gain or lose by remaining on the sidelines vs. issuing advice?

      The SCO case isn't about technology per se. It's about breach of contract. Why does this fall within Gartner's expertise? As noted many times before, even SCO's distro is infringing if SCO's statements are true.

      --
      Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.
    5. Re:Gartner kinda has to say this... by ediron2 · · Score: 1

      you shoulda skipped 'they simply could have said nothing.'. What's it matter if they say something, since they're NOT giving legal advice. If they said that Linux is likely to outlast any such challenge, so forge ahead merrily... that's not guessing at legal issues, it's stating the nature of open source will allow Linux to adapt around any legal claim that SCO tries to enforce, whether SCO wins or loses.

      This isn't the first stupid thing I've heard Gartner say this year. More like the 4th. They're becoming a joke with the techies and business-minded geeks I know.

    6. Re:Gartner kinda has to say this... by Alsee · · Score: 1

      you shoulda skipped 'they simply could have said nothing.'

      No, that comment was quite appropriate. He was responing to someone who said:

      I think Gartner is obligated to give cautionary advice toward Linux.

      They were not obligated to to say anything at all.

      -

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    7. Re:Gartner kinda has to say this... by pjrc · · Score: 1

      That would be a first. So far, nobody's held Gartner liable for the loads of wrong advise they've issued over the years.

  111. The SCO/Linus RPG by Cyno01 · · Score: 1
    --
    "Sic Semper Tyrannosaurus Rex."
  112. SCO Flatulence... by almondjoy · · Score: 1

    ...this too, shall pass.

  113. Big Surprise by Robawesome · · Score: 1

    I have noticed that Gartner Group has been acting like SCO's bitch recently, eager to spread fud, without the slightest attempt at impartiality.
    Is it time to denounce The Gartner Group as an "Enemy Of FS/OSS"?

    This Poster says yes.



    Darl McBride is Hitlers' bastard son!

    --

    I did NOT learn everything I need to know in kindergarten.

  114. How often do you violate copyright, Mr Torvolds by CERonin · · Score: 2, Funny

    I agree with the above. They make an accusitory question, and arrange it so the public doesn't think they have to support the accusation...it's up to the accused to supply proof of innocence...

    "Hello, I'm Groucho Marx, and welcome to another edition of "You Beat Your Wife". Tonight's contestant is Mr. Hideo Knutts, from Sarasota, Florida. Tell us, Mr. Knutts, what do you do, and how often do you beat your wife?" "I...I *dont't* beat my wife" "Oh, come on, Mr. Knutts, dont' be shy. Just whisper the number in my ear. I won't tell" (FX: Audience laughter) "But I don't beat my wife!" "Ah, an *alleged* wife, beater, eh? It'll be interesting to see how long he gets away with it, folks!" (FX: applause)

    --
    stirring the pot since nineteen mumblty mumble...
  115. Re:use *BSD by AKAImBatman · · Score: 1

    I've been sitting here at my freelance gig in front of a BSD box (a PIII 800 w/512 Megs of RAM) for about 20 minutes now while it attempts to copy a 17 Meg file from one folder on the hard drive to another folder. 20 minutes.

    bash$ ln /myfile /newfolder/myfile

    Time: 0.2 microseconds

    Hot DAMN that was fast!!!

    (Note: This is sarcasm to the original troll who seems to manage to sucker in a lot of people with the old "Mac Copying File" line)

  116. Libel/Defamation/FUD response? by mrtrumbe · · Score: 3, Interesting
    IANAL!

    But isn't there any legal recourse available to a group in the situation we are currently in? SCO is a company that is basically using this *potential* lawsuit to extort money from linux users. This will likely damage Linux's reputation and make people act out of fear and dump the Linux platform.

    Aren't there any damages the authors of Linux could claim? A class action suit that the copyright holders of linux code could file?

    It seems to me that there is something fundamentally wrong (morally, that is) with using the *possibility* of a damaging lawsuit to get people to buy your product. Is there any law that they could be violating? I am envisioning a sort of "gag order" handed down to SCO. "You aren't allowed to contact linux customers or announce settlement offers until the merits of your case have been shown."

    If it takes years for this to get to trial, the effects on the linux platform could potentially be huge. Their statements will simply keep the fear growing among Linux customers and eventually at least some of them willl cave to that fear. Is there any way to shut down the FUD machine???

    Again, IANAL, but I'd love to hear the opinion of some lawyers on the feasibility of legal action against SCO by members of the Linux community.

    Taft

  117. Lies, damned lies... by hawkeyeMI · · Score: 1

    All of this just makes my blood boil. The very fact that something like this has been allowed to continue for so long is astounding. Why hasn't anyone (IBM?) put a stop to it. Who could? RedHat just sits by and posts an obscure message on its website saying that everything is fine. Why aren't the people with a financial interest combatting the FUD?

    --
    Error 404 - Sig Not Found
  118. Very Poor Taste by blunte · · Score: 1

    I think your comment is in very poor taste, for several reasons.

    Have some respect for victems and their families at Columbine.

    And have some respect for victems of recent and past office/school shootings.

    If you want to express your outrage over the SCO bs, direct it toward the upper management of SCO. Your comment is only a step or two away from saying "let's just bomb Salt Lake City (or Lindon)". Assuming killing the leaders of the company were a valid solution, you would also be killing lots of innocent people.

    --
    .sigs are for post^Hers.
    1. Re:Very Poor Taste by Anonymous Coward · · Score: 0

      Your passive non-aggression makes me sick... therefore you win due to a forfeit.

    2. Re:Very Poor Taste by blunte · · Score: 1

      Refer to me as passive non-aggressive again and I'll kick your ass you pansy AC.

      Is that better?

      You can say stupid shit without bringing up unfortunate actual events. Just try harder next time.

      --
      .sigs are for post^Hers.
    3. Re:Very Poor Taste by Anonymous Coward · · Score: 0

      No dumb fucks like this need to be made a example of. Death is exactly what is called for.
      God Dammed pussies.

    4. Re:Very Poor Taste by leereyno · · Score: 1

      If anyone is "offended" (gasp!!) by what I said they can kiss my irish ass.

      My outrage WAS directed towards the upper management. Remember, I said suits and lawyers. The flunkies and phone monkeys I have no beef with, they're just trying to get a paycheck any way they can.

      As for my comment being tantamount to bombing SLC, you really need to differentiate things that you're reading and hearing in present time from things you've heard other people say in the past.

      In case you'll notice, I was talking about the creation of a VIDEO GAME, where greedy scumbags and their legal mercenaries could be terminated with extreme prejudice. If I had any actual plans or ideas about exterminating them for real, the last thing I'd do is come talk about it in a public forum. If hearing someone talk about such ideas is enough to create emotional distress for you well then thats just too bad.

      Lee

      --
      Muslim community leaders warn of backlash from tomorrow morning's terrorist attack.
    5. Re:Very Poor Taste by blunte · · Score: 1
      drop Eric Harris and Dylan Klebold into SCO's headquarters with some sawed-off shotguns and enough ammo to level the alamo

      That didn't sound like you were specifically targeting just the executives and lawyers. Besides, you used as reference an event that involved random targets.

      I didn't really take offense to your previous comment. I attributed it to immaturity. But the comment about kissing your Irish ass does offend me. It conjures up really frightening images.

      In fact, maybe we'd get more accomplished if you approached evil executives, Irish-ass first, offering them to kiss it as penalty for their evil ways.

      --
      .sigs are for post^Hers.
  119. Re:use *BSD by tomhudson · · Score: 1
    poster wrote:
    I've been sitting here at my freelance gig in front of a BSD box (a PIII 800 w/512 Megs of RAM) for about 20 minutes now while it attempts to copy a 17 Meg file from one folder on the hard drive to another folder.
    Check your free disk space lately?

    Back OT, anybody that bases their business plans on what the Gartner Group says isn't going to be in business long enough to write you a check anyway. After all, if they don't have someone in IS savvy enough to realize how full of it these guys are, they're doomed anyway.

  120. Re:Where is the trenchcoat mafia when you need the by jafac · · Score: 1

    Over the years, Gartner has done far more grevious harm to the Technology industry than SCO. They're the paid psy-ops wing of Microsoft.

    They've burned every last ounce of their credibility, and yet, highly paid, highly educated CIO's still listen to and believe their garbage.

    --

    These are my friends, See how they glisten. See this one shine, how he smiles in the light.
  121. Can SCO choose not to enforce it copyrights? by rsilva · · Score: 1



    Something came to my mind. Probably it is just a stupid question, but...

    If I understood well the new "idea" from SCO it will sell a deal: "you give me some money so that I won't sue you due to copyright infringement bu using linux". SCO will do this since it can't license linux, as it doesn't own the copyright of most of the kernel code (actually, I seriously doubt if it owns something at all).

    Is this legally possible? As far as I remember, any copyright holder is responsible to enforce his copyright under the penalty of losing control of his work. So if SCO chooses not to enforce it copyright, even under an agreement, isn't it going to lose control of its IP? Is there a lawyer here that can answer this question?

    1. Re:Can SCO choose not to enforce it copyrights? by worldcitizen · · Score: 1

      Active enforcement is a requirement for trademarks,

      Enforcing or not enforcing copyrights or patents won't cause early expiration.

  122. There's your problem by Anonymous Coward · · Score: 0

    from one folder on the hard drive to another folder

    Folders? ROTFLMAO

  123. Not so new, similar prior recommendations by DukeyToo · · Score: 1

    I had been undecided on Gartner up until now. I mean, not all of their advice is pro-Microsoft; they seemed fairly balanced to me. But this is just too much...

    From Gartner.com, recommendations as at 23 Jul:

    Contact SCO to discuss its claims, compensation requirements and your potential future liability.
    FUD FUD FUD + hefty helping of bad advice

    Organize a review board that audits and documents all Linux installations by kernel version and server roles.
    FUD FUD FUD

    Delay deployments of application and database servers if they involve critical applications that must be unencumbered of IP infringement claims. You can fence off such systems from the license obligation if you have deployed Linux strictly for basic infrastructure roles (such as firewalls and simple Web servers) that do not require the 2.4 kernel or its SMP capability.
    FUD FUD FUD

    Determine whether Unix or Windows will provide functions equivalent to those of Linux deployments.
    OMFG FUD FUD FUD

    Investigate outsourcing, system integration or other relationships that transfer license issues to the third party.
    valid advice, but still FUD FUD FUD

    Don't ignore the problem by hoping IBM will win or settle its lawsuit (that could take a year or more). An IBM win would not prevent SCO from pursuing individual claims, which, if successful, could cost far more in penalties than buying a SCO license would. If you find SCO's case compelling and you use few instances of v.2.4, pay the license fees.
    FUD FUD FUD

    While the actions by SCO are pending, take a go-slow approach to Linux in high-value or mission-critical production systems. Instead, keep pursuing your Unix and Windows strategies.
    OMFG FUD FUD FUD

    Previous recommendations, 21 May:

    The lawsuits against IBM and Linux users could take a year or more. Minimize Linux in complex, mission-critical systems until the merits of SCO's claims or any resulting judgments become clear.
    FUD FUD FUD

    If you plan large Linux deployments on the platforms of Dell Computer, Hewlett-Packard, IBM, Sun Microsystems or other major vendors, seek a comprehensive support contract, including pre-installation, configuration testing and operating system certification.
    FUD FUD FUD

    IS organizations, with advice from their legal departments, should perform due diligence on Linux or other open-source code (explore its source, integrity and any encumbrances) as a prerequisite to adoption in the enterprise.
    FUD FUD FUD

    Install Linux, the anti-SCO
    --
    Most writers regard truth as their most valuable possession, and therefore are most economical in its use - Mark Twain
  124. well, then, by Anonymous Coward · · Score: 0

    based on on the accuracy (sic) of previous gartner (man, it was hard not to type garbage) reports (sic), I guess this means everyone should hurry up and get those Linux systems deployed.

  125. not to worry.... by Anonymous Coward · · Score: 0

    Is this the best MS can do to address the Linux threat? Linux, like lava or a glacier, can't be stopped. Why? One word: Quality.

    It's fun watching them try, though.

    BTW, I don't think there is one person in web-land who can come up with a picture of Derl McBride and Bill Gates (or better yet, Ballmer) in a big smooch! \

  126. better use for the paypal account by Anonymous Coward · · Score: 1, Funny

    might be to have gartner do a report saying all gartner reports are bogus.

  127. Can someone just... by Anonymous Coward · · Score: 0

    DoS attack the hell out of SCO and any of their subsidaries?

    SCO just needs to be taught a really nasty lesson to the point their site shuts down, they can't support their customers, and just gives up on all the BS IP copyrights and patents they wish to enforce.

    Honestly, the RIAA and SCO are just a bunch of ass-like companies that need to get a life and quit the shit they are trying to pull, esp with their previous and future customers to be.

  128. Let me educate you. by Anonymous Coward · · Score: 5, Insightful

    Let's set the wayback machine to 1994-1995, shall we?

    At the time, the battle was between Windows, OS/2, and Apple. Linux was no where to be seen by anyone but a few geeks.

    Time and time again we were treated to "reports" and "analysis" from the Gartner Group/Rob Enderle extolling the benefits of Windows (3.1, keep in mind, followed by 95) over everything else. Volumes of FUD was generated by Gartner/Enderle and Dataquest AGAINST anything non-Microsoft. It was a constant, incessant FLOOD. At the same time, discussion groups like Compuserve's CANOPUS form were being invaded by paid-for Microsoft shills (see www.pjprimer.com for the details), like "Steve Barkto".

    The end result? OS/2 and Apple were discredited. THOUROUGHLY. Windows, even in it's horrid crash-prone unstable form of Windows 3.1 and Win95, "won".

    And at the sidelines, Ziff Davis acted like cheerleaders at a football game, chanting "rah rah! Microsoft! Rah rah rah!" The lone dissenter--Will Zachmann--the only man who stood up to say "um, guys? This is bullshit!"...got a phone call from the Microsoft Munchkins trying to butter his bread on Bill Gates' side. Instead of selling out, Zachmann quit, turning the entire trade press over to pro-Microsoft bias 100%.

    The point of my story? Any and all suspicion of Gartner, Rob Enderle, and Ziff Davis/ZDNET is ENTIRELY JUSTIFIED. And further, it has nothing to do with "lunix" as you call it. Some of us have memories that stretch back before 1998, and we damn well REMEMBER what the FUD generated by these paid-for bastards can do.

    You're damn right--this isn't 1998.

    1. Re:Let me educate you. by neutronium · · Score: 0, Flamebait

      Wow. That's revisionist even for /. Is JFK still running for re-election in your world?

      --
      This opinion composed entirely of 100% recycled electrons.
    2. Re:Let me educate you. by Anonymous Coward · · Score: 0

      People who believe stuff like that still think OS/2 lost due to skullduggery.

      They can't get it through their heads that:

      1. Memory was expensive, Windows provided an easier 'slide' up for customers than going out and buying 16+ megs of RAM for every machine in the company.

      2. OEM hardware vendors were NOT enthusiastic about giving a big slice out of each machine being sold to a competing hardware vendor (IBM). Buying an OS bundle from a software-only company had a lot of appeal.

      And this is just two points I am throwing out in a casual discussion thread here.

      It won't matter to the Black Helicopter sorts. There's a social element who huddles around fiascos like OS/2 long after any reasonable people have moved on.

    3. Re:Let me educate you. by Anonymous Coward · · Score: 0

      1. Memory was expensive, Windows provided an easier 'slide' up for customers than going out and buying 16+ megs of RAM for every machine in the company.

      1994: OS/2 3.0 required 16Megs, while Win31 required only 4Megs.

      1995: OS/2 4.0 required 8Megs, while Win95 required 8megs.

      You may have been right if OS/2 had "died" in 1994. But it was still going fairly strong in 1995. So there must have been another reason besides memory. And I think that reason was win32, which finally broke OS/2's Window compatibility. Once a sufficient number of Win95 titles came out, the fate of OS/2 was cast.

    4. Re:Let me educate you. by BigFootApe · · Score: 1

      I seem to remember John C. Dvorak's editorials explaining how OS/2 Warp was a quality product, and that he preferred it to '95. Of course, he was pretty much alone in this within PC Mag (and probably ZDNET as a whole).

    5. Re:Let me educate you. by Anonymous Coward · · Score: 0

      yeah. I switched from OS/2 warp to pirated win95 in august of 96. rode it out through win98 and then jumped ship to redhat. will never go back.

    6. Re:Let me educate you. by Anonymous Coward · · Score: 1, Insightful

      Well said.

      I remember those times, and they weren't good. The OS/2 vs Windows comparisons were patheticly biased, and the "new features" being introduced into windows had been in OS/2 (and other OSs) for ages. ZD lost all credibility a long time ago.

    7. Re:Let me educate you. by Mooncaller · · Score: 2, Interesting
      Point one is not valid. It was part of MS FUD. Sorry you lose.

      Point two was also MS FUD, spread by MS to convince venders to not ship OS/2.

      And neither point addresses the blatent lies in PC Mag and other sources.

      As a former OS/2 user ( since version 1.0, yes I'm that old), I was shocked and amazed by what I saw. I followed OS/2 developments closely. I also had access to technical publications that yould not find on a magazine shelf. I did not just wake up one morning and decide to start distrusting MS. I also did not learn my distrust of MS from /.. As I started disliking MS befor /. or Linux even existed. My dislike was caused by verifiable actions on the part of MS and their demostrably bought mouthpeices.

      A little bit of history for thouse who only know what PC Mag said. The easier 'slide' up for customers bit was what MS was telling customers. What MS was trying to sell IBM on befor they pissed IBM off was quite different. MS had developed a plan to squees as much revinue out of their customers by essencialy screwing them over. They tried to get IBM to go along with the plan. This involved targeting OS/2 as a UNIX replacement, while marketing a series of deliberatly constrained OSs to desktop consumers. The idea was to hook the customer into an upgrade path that would require them to purchas a new OS every few years. IBM said "no way". Which is reasonable, as they had burnt themselves in the past doing this sort of thing. The last thing IBM needed during the Eighties was to engage in another plan to deliberatly screw its customers.

      I am not making this stuff up. There were articles in industry publications that discused these issues. This included articles that pointed out that MS ramp-up concept was just a marketing ploy to convince consummers to allow themselves to be screwed. IBM and MS also made statements to attest to this. I seem to remember one of the more revieling articles being in EE Times.

      Befor you start charctarizing anyone who knows the history of the issue as believers in black heliocpters, you should make sure you actualy know what your talking about. As it is, you have just become part of the MS FUD machine.

    8. Re:Let me educate you. by Mooncaller · · Score: 1

      Dvorak was definatly a fan of OS/2, and continued to praise it even after the IBM/MS divorce. But he too was eventualy brought into line. Though the fact that OS/2 was a lost cause probably helped. Dvorak found other fish to fry. He always was the one to say things no one else is willing to say. Remember his coverage of Intels attempt to corner the RAM market?

    9. Re:Let me educate you. by flafish · · Score: 1

      Let me do some educating here as I was one of the members on Compuserve.

      1 OS/2 was killed by M$'s illegal "you buy a computer, you have to pay for windows". The M$ tax made it impossible to compete on fair grounds.

      2 OS/2 was harmed by all the FUD that the media accepted from M$. That included when Win4.0 was going to be out. 1994, nope 1995. A year of hype, FUD and general BS by the media all fed to them by M$ in a never ending stream.

      The fact that OS/2 was a better product than Win4.0 or the first version of No Technology still couldn't keep up with the M$ FUD.

      And it was true that OS/2 ran Win3.X programs better than windows itself. I still have my copies and they still work. And yes, I run Linux too.

    10. Re:Let me educate you. by Anonymous Coward · · Score: 0

      You're on crack if you think that OS/2 was "strong" in 1995. They had been outsold by Windows by 10:1 for the prior 3 years, and what few application vendors they had were fleeing like rats. Even IBM had backed off OS/2 in mid-1994 - trying to pawn it onto college kids instead of it's corporate customers.

      The "bias" in the tech rags was this: Windows sold computers and magazines. OS/2 didn't. In fact OS/2 apparently made one a mentally deluded person who tended to threaten magizine editors. So they didn't talk about it. Because it was irrelvant.

    11. Re:Let me educate you. by bsd+troll · · Score: 0

      The open source community can use more pirates like you. Maybe you'll work at Microsoft and can steal some code from them.. I mean liberate!

  129. Gartner Group : Gates' Bitch ... by Anonymous Coward · · Score: 1, Interesting

    from google cache ...

    http://216.239.51.104/search?q=cache:sdItEpGtxZ8 J: www.opensource.org/halloween/halloween6.php+gartne r+group+microsoft&hl=en&ie=UTF-8

    Mindcraft was just small fry, though - one more tiny company who learned too late that when Microsoft brings you flowers, they're likely to end up decorating your grave one way or another. As the fatal anniversary of Halloween I loomed, Microsoft appears to have rerun the same scam on a much larger scale. This time, its date for the dance was a respected name in IT forecasting, the Gartner Group.

    Cue the ominous background music ...

    Sometime before 6 October, the Gartner Group published on its central corporate website, www.gartner.com, a series of five reports slamming Linux and predicting that its appeal would fade once the inevitable Service Pack 1 for Windows 2000 came out. These reports quickly spawned Linux-is-doomed articles like this example from 15 Oct on the IDG Australia website, which promoted them as objective studies by independent Gartner.

    The articles, however, included the following small print at the end:

    Microsoft Web Letter is published by Microsoft. Additional editorial material supplied by Gartner Group, Inc. © 1999.

    suggesting (though not proving) that this "Gartner report" was actually written and published by Microsoft on Gartner's own website.

    We can't tell you the exact date of the reports, because they aren't there any more. On 19 October Gartner changed the copyright on the reports to no longer mention Microsoft, while publicly insisting that the research had not been funded by Microsoft. Tellingly, however, the URLs of the reports still began with this prefix:

    http://www.gartner.com/webletter/microsoft/

    and the same copyright notice, with the same attribution to Microsoft, can still be found on articles in the webletter/microsoft/ directory as this is written. Sometime between 19 and 27 October yanked the reports off its site entirely.

    Fortunately, Rick Moen, a well-known Linux activist, managed to recover them from his Netscape cache - and found the copyright notice reproduced above. In view of Gartner's protestations that Microsoft had nothing to do with funding the research, the next lines in the notice are especially interesting:

    Editorial supplied by Microsoft is independent of GartnerGroup analysis and in no way should this information be construed as a GartnerGroup endorsement of Microsoft's products and services.

    So. At first blush, these "Gartner Group" reports seem to have been a warm personal gesture from Microsoft Corporation to itself. That theory would fit both the copyright and the contents, which exactly repeats Microsoft marketing cant that we've seen before - including such trademarks of the genre as the (unsupported and, according to IDC, false) assertion that Linux is taking seats mainly from other Unix shops.

    However, the Gartner Group insists that Microsoft did not write the reports. A spokesman explained through the same compliant IDG Australia reporter responsible for the 15 Oct Linux-is-doomed story. Chase the link to get a load of this spin-doctoring; no paraphrase by us could do justice to the way Microsoft and the reporter deftly weave a fog of soothing confusion around the contradictions in their story. We're supposed to believe that:

    * Gartner wrote the reports - even though the copyrights on them explicitly said otherwise;
    * A set of URLs on www.gartner.com are "the Microsoft site";
    * Microsoft "sponsors" this "site", and paid unspecified fees to Gartner Group related to the content - but nevertheless, in no way did Microsoft fund the reports.

    Rick's comment on their explanation is more eloquent than my own:

    I'm sure [Gartner's denial] was truthful, if you squint at it the right way: I'm certain that Microsoft Corporation's ongoing series of cheques for

  130. Linux os camp looks incompetent by zymano · · Score: 0

    They look unorganized with no voice. Typical opensource management which means NONE.

  131. SCO scum by Anonymous Coward · · Score: 0

    I am so sick of these "SCO scum" people.
    Will someone please do something that will tell this trash to stop this nonsense?

  132. Groupe` BTG Report by Anonymous Coward · · Score: 0

    It is advised that companies that follow Gartner Group advise are spending more IT dollar per capita than companies that ignore Gartner Group recommendations.

    Furthermore we are recommending companies that have been planning to deploy Linux for enterprise applications to ignore SCO.

    Groupe` BTG is a privately owned IT research group offering Active Matrix Cycle Circular Planning Activity Grids to maximize your IT budget.

    Groupe` BTG was formed by a Big Tall Guy with the following made up certs MCSDA, IT PRO+, CCCNCPDT

  133. Credibility? by Gothmolly · · Score: 1

    Does Gartner have any real credibility? I mean, they bought the spin-story that Guardent told them. What's next, Technology According to Jon Katz? Move along, nothing to see here - Gartner has ridden the FUD wave all along, this was inevitable.

    --
    I want to delete my account but Slashdot doesn't allow it.
  134. Most Interesting... by Anonymous Coward · · Score: 0

    While folks are busy bashing Gartner, maybe they should actually read the article.

    "SCO claims Linux 2.4's SMP scaling capabilities are dependent on SCO-owned IP, and has offered Linux customers the choice of paying a licence fee or being sued."

    Thus far, SCO has been associated with the JFS and Linux SMP capabilities -- really two features that have made Linux ready for prime time. If the allegations prove true, Linux has benefitted from SCO code. This would be very very bad.

    We just had a deployment where Windows was chosen over Linux. Flame all you like, the FUD is already having an impact.

  135. Moderators SUCK !!!! by Anonymous Coward · · Score: 0

    This is a completely legit.
    statement. Only a KDE Zealot
    would whine about this being flamebait.
    THE GUYS THAT OWN SCO, ALSO OWN TROLLTECH !!!!
    Truth is flamebait? Advocating a rational
    solution is flamebait?

    Yup. Moderators suck.

  136. Irrelevant for Enterprise CEO's by gamartin · · Score: 3, Informative

    This report is meaningless for enterprise management -- they are already very cautious with their mission critical deployments, and were not and are not rushing headlong onto linux even before SCO.

    There is linux migration, but it is already cautious and measured and driven by a complex calculation of licensing costs, security risks, training issues, partner compatibility, and so on. For all the press SCO gets, it is barely a blip on this larger radar.

    Furthermore, these are the people who are willing to pay Red Hat Enterprise product fees, and another license from SCO would hardly matter in the grand equation.

    Further furthermore, people who are actually considering these issues in a serious way are no doubt aware that the various BSD's are immune to SCO nonsense and in many cases could be freely substituted.

    Further further furthermore, I believe people are generally aware that SCO can't possibly put the squeeze on linux; no matter what they have after everything shakes out, if anything, linux and open source in general will simply throw it out and replace it with something free.

    SUMMARY: Chill out. Move along.

  137. Re:Why? by ichimunki · · Score: 1

    As far as I know neither RMS nor Larry Wall are involved in Linux development. The one guy has been working on a complete, from-scratch Unix replacement (GNU) since the 80s and has actually been critical of the Linux kernel project for both its use of a proprietary version management tool and the inclusion of not-quite-available-as-source-code drivers. The other has written a general purpose interpreted programming ("scripting") language that runs on all kinds of different operating systems.

    --
    I do not have a signature
  138. Re:use *BSD by Anonymous Coward · · Score: 0

    You don understand the isssue. If BSD willl be a succes, you get the same issues,

    Anf if you read carefull the interviews from SCO they are looking the the BSD code als well

    A defensal department stopped with sponsoring OpenBSD (avoout 2 miljoen a year)

    Be afraid, very afraid.

    The best (easiest) doing for linux is to change the SCO code and the include the BSD code for 5.1 (32 processors) in their kernel.

  139. Linux folks still dont get it; to their own peril. by LibertineR · · Score: 1, Insightful
    Has anyone here ever heard the phrase: "It doesnt matter what the truth is, what matters is what I can prove"?

    I've followed this from the beginning, and Linux proponents are really fucking this up for themselves. Everyone felt so secure when Novell piped up, but where are they today? Cowering in a corner hoping to hide long enough to not be brought into this thing in a damages suit, that's where.

    Linux vendors are sitting back, feeling secure, in denial of what is possible here. You could lose. You could lose big time. The fact is, SCO does not have to show all their cards, only enough to get people to start paying for licencing. I have no doubt they are holding back stuff for the day they go after the entire Linux community.

    SCO has got a gun pointed at you, with Microsoft providing the powder. You could get hurt. Unless the Linux community gets vocal real soon, corporations are going to end up paying dearly to SCO, and Microsoft is going to pick up marketshare in the interim.

    I would stop arguing the merits of SCO's case, and start yelling at IBM, Redhat and others, who should be speaking out on users behalf. Maybe they figure they can sell you anything UNIX, and dont really give a shit about users? I dont know.

    Just dont be so sure that SCO does not have a case, because if they do, or some judge says they do (for a piece of the action) then you are fucked.

  140. Gardener Group by multi+io · · Score: 1

    Does that company have any more insight than a group of moderately smart IT professionals? Did they predict the Internet boom, for example? I mean, after all they might just as well be a leasable FUD spreading machine...

  141. I can't take this sh*t anymore. . . by Anonymous Coward · · Score: 0

    All this SCO Group sh!t is driving me up the f#cking wall!

    The f#cking SCO CEO, McBride is either in bed with Bill Gates and Ballmer or is on some dillusional new form of crack.

    According to these @$$h0le$ over at Utah, I owe them money because I use GNU/Linux. What toilet did these m0r0ns come out of?! Do they realize who they're f#cking with?! Do they realize that if there is one thing that IBM understands, its Intellectual Property, since they own half of the worlds registered patents.

    All I can say to the !d!ots at SCO are the following:

    F#ck y0u SCO! May your company go bankrupt and your employees see you for what you really are, evil, conniving, opportunistitc, no good, back stabbing Unix wannabe company. May your stocks go down and your company be bought for one dollar. . .

    By the way SCO, good luck gettin' any dough out of me because it is going to take some divine intervention to fork over any type of dough to you pundits. . .!

  142. Gartner Group funded by proprietary software. by Anonymous Coward · · Score: 0
    And we're surprised they've come out against Open Source, albeit in a subtle way?

    ~~~

  143. SCO insider action the last couple of hours by eddy · · Score: 1

    Can someone explain the latest filings. I understand the selling, but a bunch of new players just aquired "Non-Qualified Stock Option (right to buy)" with a price of $0.

    Does that mean that they can at a future date buy SCO stock up to the limit for the price the stock held at the date of filing, or that they get them for free?! I guess the price is for the option itself and that the "Conversion or Excercise Price of Derivative Security" regulates the price of/when they exercise?/p>

    Is this basically a win-win thing? If the price is $0, then they can select to not exercise and lose nothing? Why would a company give out these for no price? Sounds suspicious.

    Thanks.

    --
    Belief is the currency of delusion.
    1. Re:SCO insider action the last couple of hours by Anonymous Coward · · Score: 0

      There are two sets of filings 7/24 HUNSAKER JEFF F and BROUGHTON REGINALD CHARLES sold stock. The above totals do not include HUNSAKER JEFF F which brings the total up to $715,270.70 for July (so far)!

      RAIMONDI THOMAS P JR, CAKEBREAD STEVEN, IACOBUCCI EDWARD E, THOMPSON DUFF, YARRO RALPH J, MOTT G DARCY all got 10,000 options. The options are basically the right to buy shares at a future date for a preset price. The options appear to have been granted free of charge, probably an employee/management stock compensation type thing. When the options mature, those individuals can buy the stock at that preset price.

      To give an imaginary example, let's say, Fred gets an option to buy 10000 shares of some stock at $2 in July 2004 in some company.

      If the current price of the stock in July 2004 is more than $2, let's say $12, when July 2004 comes round, he could buy 10000 at $2, and immediately sell them for $12, making 10000X($12-$2) = 10000 X $10 = $100,000, or buy 10000 at $2 and hope for further price rises in the valuation of the stock.

      If the stock price in July 2004 is less than $2, the options are useless, as he could buy any shares he wanted cheaper on the open market. However he can hold on to the option and hope the share price rises above $2 at some point in future, in which case the options become valuable as per above.

      I am not sure whether these options can be traded or not. If they can, even if in say July 2004 the share price is less than $2, and Fred thinks it will never go above $2, but he can find somebody who thinks it will, he may be able to sell the options, and make a profit this way too.

  144. Garbage!!! by jimmy_dean · · Score: 1

    This is absolutely unbelievable. Yes this is America and yes you can say whatever you want...but come on SCO...show some real evidence and stop pouting and bringing other people's successes down with your miserable company.

    --
    -> Sometimes, you just gotta break free from the shackles of proprietary code.
  145. What about Microsoft products? by jocknerd · · Score: 2, Insightful

    Microsoft has just been successfully sued by InterTrust over patent violations in their line of products. InterTrust claims that 85% of Microsoft's products are involved. Read about it here.

  146. As Deep Throat said: by acceleriter · · Score: 1

    Follow the money.

    --

    CEE5210S The signal SIGHUP was received.

  147. Following OSV's lead by PhilTR · · Score: 2, Insightful

    What's it going to take for Open Source here in the US to follow Open Source Victoria's lead? OSV has filed a complaint with the Australian Competition and Consumer Commission, its version of the Securities and Excange Commission.

    This organization has politicized itself and states on its web site that "OSV is a marketing, advocacy and focus group, which aims to raise the profile of Open Source Software (OSS) in Victoria." Here 'advocacy' is the key concept.

    C'mon guys, get it together. Cryin time's over. Time to play smashmouth.

    1. Re:Following OSV's lead by Reality_X · · Score: 1

      Not quite.

      ASIC is the Australian equivalent of the SEC.

      ACCC is the equivalent of the BBB.

    2. Re:Following OSV's lead by PhilTR · · Score: 1

      I believe your right. That's what happens when fingers out pace brain...heheh

  148. Not at all. by Outland+Traveller · · Score: 1

    I don't think so. I would think that making business decisions based on unsubstantiated, unproven gossip is much more irresponsible.

  149. What me worry? by ratfynk · · Score: 1

    Alfred E Neuman of New York fame has just said that he doesn't worry because he bought his computer and all the software with lots of MP3s already on it from the Midnight Clearing house in Joes garage. He didn't have to pay much extra at for all the software he needed either, the guy just installed Office on it for 20 bucks more. What a deal, he says he doesn't worry about SCO either!

    --
    OH THE SHAME I fell off the wagon and use sigs again!
  150. Re:use *BSD by dspeyer · · Score: 1
    Funny, late time I saw this troll it was about Mac OS classic.

    If you're going to post unrealistic complaints, at least be original, maybe the BSD bootup screen contains the ancient sigil Mua which means "hail the great beast, destroyer of worlds." Now that would be amusing!

  151. Analyst rip off by Performer+Guy · · Score: 1

    This just highlights the stupidity of these analysts. They get paid to research this stuff and don't even understand the basics of what's going on. SCO has a contract dispute with IBM that is only indirectly related to Linux copyrights, the evidence w.r.t. Linux shows that SCO doesn't have a leg to stand on. Caldera distributed the offending code under GPL, actively participated in Linux kernel development, has the most bizarre and wide intrepretation of derivitive works hoping they own the fruits of all IBM's labor, and there's even clear evidence that SCO has been stealing from GPL'd projects not the other way around. In addition to all this, w.r.t. liability any Linux user is completely off the hook w.r.t. copyright liability since they're not the publisher.

  152. Re:Linux folks still dont get it; to their own per by joeldg · · Score: 1

    baaaa..

    okay, linux being an effort of many many volunteers around the globe is the issue here.

    So what, move servers offshore to europe whatever..

    I now vehemently hate SCO and am doing everything in my power to make sure that they never receive a dime from any customer of mine.

    However, They can't "kill" it..
    It will just evolve like everything else and they will sit and look stupid holding a worthless licensing scheme and slowly rot away because nobody will touch them with a ten foot pole after that bullshit.

    I remember similar tales of "doom and gloom" over the .gif thing.. and now we have png.. Did they make any money off that, no not really.. They just managed to piss of the community at large and so shot themselves in the foot..

    At least that is my thinking..

  153. At Long Last, Proof by rhomboid · · Score: 1

    ...of what I've believed all along: The Gartner Group's studies and recommendations have absolutely NOTHING to do with putting forward better technology and standards. They're simply FUD for hire, nothing more.

    --
    -Rhomboid
  154. Re:Apple Is IN THE GAME by Anonymous Coward · · Score: 0

    Terrific! I'd like to know who runs an Apple datacenter. I want a picture of how stylish it can be. Can't wait to run Appletalk for 10,000 users - Smirk.

  155. other choices by Anonymous Coward · · Score: 0

    this is all bullshit. people can still use OpenBSD, FreeBSD, NetBSD, Linux 2.2 or prior, Intel Solaris, or buy macs, sgi or sparc boxen.

  156. Gartner is not a substitute for your brain by dcavanaugh · · Score: 2, Insightful

    Sometimes I agree with Gartner. Their recommendation to abandon IIS was right on target. Gartner's ability to collect facts is more valuable than their conclusions about what to do. Many of us in IT management will face additional questions about our Linux deployments thanks to Gartner. Dealing with a little sporadic flak is part of the job.

    I wonder why Gartner didn't have a "go slow" recommendation on Microsoft deployment during the DOJ anti-trust crisis and all the various states suing in pursuit of a breakup? It becomes even more interesting when you consider that the ONLY company that makes Windows was up to its neck in legal trouble, whereas NONE of the MANY Linux distributors is currently in any trouble at all. One dubious lawsuit and we all have to stop and wait? I don't think so. To me, Gartner is attempting to spray water where there is no fire.

    Ultimately, the decision factors in choosing Linux vs. the alternatives remain the same, with or without SCO. If we have to hide under our desks every time someone launches an idle threat or a lawsuit, we might as well power off and go home.

    1. Re:Gartner is not a substitute for your brain by Anonymous Coward · · Score: 0

      NO it is not a substitute. But Gartner is a M$ suckboy as you point out. So I value anything that they have to say as having Zero validity.

  157. My alternative theory... by sheldon · · Score: 1

    Gartner is run by maroons... I mean come on, they've always made wild claims to gain attention.

    Gartner says you should migrate off IIS
    Gartner says you shouldn't use Intrusion Detectino Systems
    Gartner says you shouldn't use Linux

    But if you read these claims, they do come with caveats. The problem is the headlines are the only thing PHBs tend to read and they miss the finer points of the argument.

    But as far as Gartner doing something because Microsoft asked them too... that's poppycock, and there's no historical pattern to back it up.

  158. I buy it when that is the only option. by BoomerSooner · · Score: 1

    ftp.redhat.com
    ftp.slackware.com

    I do run some x86/windows machines, ppc/os x machines and ultra/solaris machines as well. I have several copies of the design collection and that is about all that is closed source that I (my company) uses. Damn it's not cheap either (it was $1000 but it went to $1150 with the new "pro" acrobat 6 that is the same as the old "regular" acrobat 5). Hell we print all our pdf's to 1.3 compatability (pdf v4) because it works.

    I love linux and there is no fucking way my company will abandon it until it is necessary and prudent. Some asshole company pumping out their chest doesn't do a lot for scaring me (could be that I'm italian, or maybe I'm just stupid). When they beat IBM I'll be concerned, assuming the Linux community doesn't address the issues that SCO would have won based on.

  159. Re:Evidence? What evidence ? by mrlpz · · Score: 1
    The evidence is that the ninny who wrote this drivel has this as an email address in his article, on the gartner website ( Just look at the by-line at the top of article ).....

    ----> javascript:void(null)

    Which is about how much of a case SCO truly has on Linux. And how much Mr. Weiss' opinion is really worth.

    The link actually pulls up an "autobiography" of the user....I just though that the HREF in the link was rather "fitting" in context of the discussion.

    And the fact that he lists himself as the only analytical source, is also amusing. He makes no comment as to whether he's actually signed the NDA and "seen for himself" if in fact SCO "has a leg to stand on". Yup, just the sort of analysis I would trust from a market research firm of the "stature" of the Gartner Group.

  160. Could this be? by jjshoe · · Score: 1

    Could this be SCO shooting itself in the foot? They want to make money off of software that may or may not be deemed theirs, but now they have people using this as an excuse to stay away.

    --
    -- botsex is {grep;touch;strip;unzip;head;mount} /dev/girl -t {wet;fsck;fsck;yes;yes;yes;umount} {/de
  161. Stop Thinking Like An Engineer -:) by reallocate · · Score: 1

    You're thinking like an engineer: SCO's case has no technical merit, so full speed ahead.

    SCO's case may be entirely fiction, but if they sue you, you'll still need to spend lots of money and lots of time in court fighting them. Convincing a court that the suit has no techical merit will be your problem, and that will cost you.

    When money is at stake, decisions can't be based on technical merit alone.

    --
    -- Slashdot: When Public Access TV Says "No"
  162. What they are really saying is.... by 3seas · · Score: 1

    Take it slow..... like as in get ready for transparently moving over to the Hurd.

    So many have commented about the slow development of the Hurd core..... but it's getting closer and closer every day.

    Honesty, by the time this case SCO vs. IBM goes thru court, the Hurd will have seen it's first public release, maybe even a second.

    And at that point in time it will not matter.

  163. Also From Gartner... by Anonymous Coward · · Score: 0

    ``Nonbranded versions of Unix environments, such as Linux and FreeBSD, can be suitable as inexpensive, functional Unix packages for Web servers, application development platforms, and workstation and dedicated application roles with qualified, in-house technical expertise, in place of commercially branded systems. However, these operating systems will not find widespread use in mainstream commercial applications in the next three years, nor will there be broad third-party application support (0.8 probability). Although interest is growing in their utilization as Web servers, their advantage will remain limited to moderately scalable applications (0.8 probability), and they will lack operating-system and performance tuning support for high levels of scalability (>500 concurrent OLTP users).''--George Weiss, The Gartner Group, 4 May 1998

    1. Re:Also From Gartner... by acceleriter · · Score: 1

      Mod parent up!

      --

      CEE5210S The signal SIGHUP was received.

  164. What about the blackmail err ... license option by Tjp($)pjT · · Score: 1

    One could actually use Linux and prepare to pay the SCO license fee extorted to use Linux w/o threat of lawsuit. Then, provided the SCO license does not preclude it, and maybe even if it does and it is considered a contract of adhesion, prepare to sue SCO if their claims are found without merit. Perhaps having SCO be required to put up a bond for the eventual damage suits if their claims are without merit might also slow them down.

    --
    - Tjp

    I am in wallow with my inner money grubbing capitalistic pig. ... Oink!

  165. In other news... by Mysticalfruit · · Score: 1

    Several Gartner employees were caught using microsoft issued credit cards at bunny ranches in nevada. Also, it's reported that Melinda Gates made them dinner at the Gates house after flying back in Bills private jet...

    --
    Yes Francis, the world has gone crazy.
  166. Weather by the Gartner group by siskbc · · Score: 4, Funny
    You couldn't be more correct on the fact that they'll say whatever they're paid to. God what a job they have - getting paid to prognosticate future trends and they don't have to be right. Kind of like being a weather man - when was the last time a weather man was fired for being wrong?

    Good analogy, but I'd go even further - these guys are much worse than weather men. If they did weather it would be like this:

    "And your 5:00 weather brought to you by ACME umbrellas...I predict rain! Monsoons, floods, hurricanes, typhoons! Start building that fscking ark, people, it's gonna raid for a solid month!"

    30 minutes later...

    "And now for the 6:00 weather, brought to you by SAV-EYES sunglasses...it's gonna be a hot one tomorrow! Remember that SPF 2000000 sunscreen, because it's gonna be insta-cancer out there! Don't even think of going outside! Expect the sun to bake all life out of the earth, leaving a smoking crater by the end of the week. We could all be dead by the end of the month!"

    *That* is what you'd get if those asshats did weather. Frikkin' shills.

    --

    -Looking for a job as a materials chemist or multivariat

    1. Re:Weather by the Gartner group by FlowerPotAdmin · · Score: 2, Funny

      "And your 5:00 weather...

      30 minutes later...

      "And now for the 6:00 weather...


      Heh. Just don't hire them to do math!

      --
      -Justin
      That's enough posting for now lads, there're trolls afoot.
    2. Re:Weather by the Gartner group by Anonymous Coward · · Score: 0

      For those that feel it is necessary to point out meaningless points, please don't.
      Thanks in advance.

    3. Re:Weather by the Gartner group by Mawbid · · Score: 3, Funny
      Maybe they're George Carlin fans?

      It's 9:00 in Denver, it's 10:00 in Chicago, it's 11:00 in New York, ...in Baltimore it's 6:42, time for the 11 o'clock report.

      --
      Fuck the system? Nah, you might catch something.
    4. Re:Weather by the Gartner group by cheekyboy · · Score: 1, Informative

      They nearly got fired on 2 occasions in australia when they got the predictions so wrong, it cost the city of sydney a billion dollars in hail storm damage, so much for light showers. And second when they didnt warn of 30ft swells , gale force winds for the sydney to hobart yacht race when a few people died and boats sank.

      --
      Liberty freedom are no1, not dicks in suits.
    5. Re:Weather by the Gartner group by leviramsey · · Score: 1
      A Canadian Low will be coming down through the Midwest, which is different from a Mexican High!
  167. Thank you, SCO. by pb · · Score: 1

    Please continue your illegal and unethical policies of slander, libel, blustering, barratry and extortion; when a class-action suit is filed against you on behalf of all users of Linux, I hope to get many $$$ in damages, and a few free swings at Darl McBride's maggot-infested hide. And either an apology too, or a complete dissolution of the company. You lying sacks of shit.

    That is all.

    --
    pb Reply or e-mail; don't vaguely moderate.
  168. is it my imagination by confused+one · · Score: 1

    or does the caldera symbol on /. really look like the Death Star from Star Wars?

  169. Re:Why? by Badanov · · Score: 1
    If you select the proper tools and decide in the future linux isn't for you, just recompile and move on.

    SCO will not affect linux at all. Hell my whole company runs on linux and I'm not switching a damn thing till something is proven.

    Amen to that, baby! They can have my Linux when they pry it from my cold, dead fingers!

    --
    Dawn of the Dead
  170. Going in circles.. by Outland+Traveller · · Score: 1

    You're statement doesn't address the earlier point, that in the US, anyone can choose to sue you for any reason whatsoever, irregardless of whatever agreement you have with your vendors.

    Avoiding a product because someone with credibility on par with SCO in this case threatens to sue you is not a sound tactic, and would be ruinious strategy.

    1. Re:Going in circles.. by reallocate · · Score: 1

      It isn't necessary to address the earlier point. SCO's right to sue is one thing. SCO's demonstrated willingness to sue is another thing. It's the cost of defending even a frivolous suit that ought to make any manager think twice before acting.

      Once they're in court, SCO's credibility with the IT community won't count.

      --
      -- Slashdot: When Public Access TV Says "No"
    2. Re:Going in circles.. by WindBourne · · Score: 1

      And as I pointed out earlier, just who is SCO sueing. It is simply IBM for contract infringement. If you do not enter into a contract with SCO, then they have nothing to stand on. As to lawsuits, well, SCO coming after 1 or 2 small companies is foolish (kind of like attacking a fish school). They will instead go after large to medium size companies. They should know that anybody can and will sue. So why change your policy for it. To be honest, if SCO sues too many, than they run the risk of a class action being done against them.

      --
      I prefer the "u" in honour as it seems to be missing these days.
  171. What Black Eye? by Mooncaller · · Score: 1
    There are two requirements neede for a black eye to be produced. And a third for a black eye to be meaningfull.

    First, a punch needs to be thrown.

    Second, the punch need to connect.

    SCO is sure throwing a lot of punches. But they are all wild. Kinda like a 6 year old at their first Karate lesson. I don't think any has connected hard enough to cause a black eye. If one did cause a bruise, it was just a matter of chance.

    Addition requirement, For a black eye to be meaningfull, it must have been from a deliberate, controled punch. As I said befor, all SCO is doing if flailing its collective arms.

    To illustrate the difference between a meaningfull and insignifigant black eye, I will provide the following example. It typifies an insignifigant black eye.

    While sparing with my Sensei, I, by chance, gave him a black eye ( I had slipped, my punch went wild because of lack of control). The fact that I gave my Senei a black eye was meaningless. He could easily have bounce my ass around the Dojo. In fact, if I was him, I would have done exactly that. Fortunatly, like many Martial Arts instructers, he had a great sence of humor.

    1. Re:What Black Eye? by vsprintf · · Score: 1

      The fact that I gave my Senei a black eye was meaningless. He could easily have bounce my ass around the Dojo. In fact, if I was him, I would have done exactly that. Fortunatly, like many Martial Arts instructers, he had a great sence of humor.

      Grasshopper, when you can snatch the armed grenade from my hand, then it will be time for you to leave - quickly, please. :)

    2. Re:What Black Eye? by Anonymous Coward · · Score: 0

      Think in terms of schoolyard fights -- it really doesn't matter if they connected, only if everyone thinks they connected.

      "Dude, he gave his Sensei a black eye. Don't mess with him!"

  172. Or maybe you should use the time by xenocide2 · · Score: 1

    To consider one of the many alternatives to the alternative, like BSD, QNX, and whatnot. Beneath the journalism headlines praising Linux and bashing Windows lies a stream of unnoticed software.

    Perhaps the barrier to mainstream entry in all of these OS's is drivers. They say that an Operating System is the interface between programs and the hardware, but drivers are really the interface between the Operating System and the hardware. QNX is a nice beast if you have a riva based video card, but if all you have is the top of the line ATI you get to use the old VESA interface.

    --
    I Browse at +4 Flamebait

    Open Source Sysadmin

  173. Stop the chilling effect by worldcitizen · · Score: 2, Interesting

    The nice people at chillingeffects.org have been fighting for quite some time against abuse based on copyright and other intellectual property laws. If you are affected by SCOX's FUD, for example your company received a nastygram from SCOX or your boss comes to you with a copy of the Gartner report you may want to drop them a line describing the situation and they may be able to draft some Q&A and/or template answers.

    I believe IBM could ask this same thing (and donating some funds wouldn't hurt)

    Actually, I would enjoy seeing an ad based on this that answers Sun's cheap shot. Something like:

    Sun seems to think we may have a little license problem

    Don't let them chill you, says Chillingeffects.org (*) [appropriate links]

    Because the world won't stop for you, we help you move forward. [or some other slogan concocted by the ad-heads]

    (*)Chillingeffects.org is a joint project of the Harvard, Stanford, Berkeley, University of San Francisco, and University of Maine law school clinics and the Electronic Frontier Foundation

  174. Someone is Smoking Crack by deadline · · Score: 2

    So when there is no evidence and only FUD you tell your clients to "go slow", but when there is real evidence of a problem you keep you mouth shut.

    --
    HPC for Primates. Read Cluster Monkey
  175. Do legal threats against MS get this reaction? by GodWasAnAlien · · Score: 5, Insightful

    At one point, MS had actual lawsuits against it from every direction. The Federal, State, local government and businesses such as Sun and Caldera (now SCO).

    Did Gartner issue the same warning then?

    So far SCO has only sued IBM. There is good reason for that. They have no case against others, unless they have a specific contract with them.

    For a normal Linux user, there is no SCO agreement.

    Linux users should assume that all linux code is covered under the GPL, unless shown otherwise.

    The most SCO could ask linux users to do is remove possible infringing code, if there was any.

    --

    SCO claims that IBM borrowed their car years ago, and IBM took part of the car (perhaps near the bumper) and donated it to you, who assumed that it was a genuine gift from IBM.

    Now SCO is coming to you and demanding payment. They are also running around town telling people that your car is running on parts stolen from SCO. You are more than willing to give up a part, if they can show and prove which part was taken. But SCO will not tell you which part it is, and instead says that if you pay for their car, they will not sue you.

    1. Re:Do legal threats against MS get this reaction? by MagicBox · · Score: 0

      From the article: --but recommended customers minimise Linux in complex, mission-critical systems "until the merits of SCO's claims or any resulting judgments become clear--- SCO's case is different from cases against MS, and indeed the outcome of this one is not clear, though everyone hopes for the best. I do not think Gartner is trying to HURT OS, rather I believe they are obliged to send out a word of caution, especially since it looks like a part of their customer base, runs or plans to run Linux.

      --

      The phaomnneil pweor of the hmuan mnid. Fcuknig amzanig eh!
    2. Re:Do legal threats against MS get this reaction? by SnarfQuest · · Score: 1

      SCO claims that IBM borrowed their car years ago, and IBM took part of the car (perhaps near the bumper) and donated it to you, who assumed that it was a genuine gift from IBM.

      From what I've heard, it's more like IBM took the hula-dancing-girl out from their own car, and put it in the borrowed SCO car, thus now SCO owns all hula-dancing-girls in the universe.

      --
      Who would win this election: Andrew Weiner vs Andrew Weiner's weiner.
    3. Re:Do legal threats against MS get this reaction? by tshak · · Score: 1

      Did Gartner issue the same warning then?


      No, because none of the lawsuits against MS threaten to legally damage the customer. Until Redhat takes responsibility for the software I buy from it (which is not Linux, since Linux is just a part of the distribution), certain lawsuits have a farther reaching affect against Linux than they would against Windows.

      --

      There is no longer anything that can be done with computers that is nontrivial and clearly legal. -- Paul Phillips
    4. Re:Do legal threats against MS get this reaction? by I_redwolf · · Score: 1

      There is no more farther reaching affect than to have the Federal Gov't sue you and no lawsuits against IBM threaten to legally damage the customer. How you came to this conclusion, I don't know. The case between SCO and IBM is between the two parties, if IBM is found guilty they pay damages. SCO can do nothing to you as a customer of IBM or a user of Linux. If they want to find out who put the infringing code in the kernel they can subpoena kernel.org for the information and then sue the developer responsible. Still none of this affects you as the consumer or user. This whole thing about SCO coming after people is a joke and they should be brought up on charges.

    5. Re:Do legal threats against MS get this reaction? by BigBadBri · · Score: 1
      No - SCO lent IBM their car, IBM tuned the bollocks off it, and let the world know how to tune similar cars to outpace SCO.

      Your car is still your car - it's just that IBM used SCO's car as a testbed.

      Viewed in that light, SCO's claims look even sillier than they did yesterday.

      --
      oh brave new world, that has such people in it!
    6. Re:Do legal threats against MS get this reaction? by tshak · · Score: 1

      There is no more farther reaching affect than to have the Federal Gov't sue you

      Let's say the DOJ settlement was as severe as the most pessimistic analyst predicted (large fines, splitting of companies, etc.). Windows would still be around, there'd still be a multibillion dollar corporation backing it, and you as a customer would never be liable for anything. The SCO case against IBM is not the point, it's SCO's threats to broaden the case to anyone who's using their code. That could, in theory, mean the very linux server hosting my email (albeit not likely). Practically speaking, it could mean that distribution that you just signed a huge support contract with. Sure, if RH goes under, there's always Mandrake (etc. etc.), but can Mandrake manage my enterprise support contract? And can they take the heat from SCO?

      So, yes it's true that SCO's lawsuit may be a joke, but until it's proven to court it's legit to be a bit weary to adopt Linux as a new technology.

      --

      There is no longer anything that can be done with computers that is nontrivial and clearly legal. -- Paul Phillips
    7. Re:Do legal threats against MS get this reaction? by I_redwolf · · Score: 1

      Again no, you don't get it. SCO's case is against IBM. It's not against Redhat, or any other Linux distribution; they can't be held liable for damages. It's that simple, everthing else is mere speculation and in general lies. SCO most likely will have to recoup damages via IBM if not then they'd have to recoup via the person who stole their code. Everyone else is NOT liable. That is the law in the United States. The only thing SCO could possibly do is charge license fees for the code in question which as of the court case will be removed and each Linux distribution will start with that kernel. Customers using previous kernels at that point can't be charged license fees.

      So no, it's not worth the worry, this is why you don't hear anyone who actually knows whats going on giving much of a damn. Except for wanting to know what's exactly infringing which SCO won't show to anyone who can actually determine if it's stolen or not.

      Again your conclusions are based on pie in the sky theories on how the US judicial system works. Yes it might suck but the same DOJ you talk of put it's teeth into even IBM, infact, Microsoft wouldn't even exist if it wasn't for IBM. Go read up on that.. as well as the actual case between SCO and IBM before spreading more fud.

    8. Re:Do legal threats against MS get this reaction? by Sanction · · Score: 1

      Except for the small detail that Microsoft customers have also been sued for distribution of software MS had told them they had clear license to redistribute. The backing of a big corporation does not make any practical difference, enough they can buy enough legislators to change the law mid-suit. It is kind of like the argument of "who will you sue" with open source, that ignores the question of how many successful lawsuits have been filed against MS for their flaws?

      --
      Well I'm the doctor and I say you're dead, so shut up and take it like a man!
    9. Re:Do legal threats against MS get this reaction? by tshak · · Score: 1

      Distributing MS's software is a very small part of the scope of this conversation - actually it's quite irrelevant. The Gartner report has to do with Enterprises adopting Linux, not software development companies selling Linux based products.

      --

      There is no longer anything that can be done with computers that is nontrivial and clearly legal. -- Paul Phillips
    10. Re:Do legal threats against MS get this reaction? by Sanction · · Score: 1

      No, whether it has to do with distribution or enterprise adoption is what is irrelevant. The point is that all the people who trot out the utility of not having to worry about being sued when they buy from a large commercial vendor, as you pointed out in your post, are incorrect. You may be sued just as easily when you buy from reputable, large Microsoft as when you buy from Bob's Linux Emporium. Witness the offers some large vendors are now making of covering client's legal costs if they are sued in relation to a product purchased from the vendor. Whether they will stand buy those commitments is another matter entirely.

      --
      Well I'm the doctor and I say you're dead, so shut up and take it like a man!
  176. A Call to Arms by tabdelgawad · · Score: 4, Insightful

    Every SCO-related story now has tens of comments that are modded '+5 insightful' or '+5 interesting' that say nothing more than "SCO is evil, IBM will/should crush them, Linux is safe, and everyone who disagrees is in league with the devil (MS)". Frankly, this is neither 'insightful' nor 'interesting' any longer.

    Linux is in trouble. The SCO litigation obviously has enough bite to warrant a significant SCO stock response, a reassessment by IT consulting firms, and some hesitation by the corporate world. These are all self- and cross-enforcing mechanisms and if not dealt with, they'll get worse in the next couple of years while this whole matter moves through the court system. The damage to Linux at the end, even if SCO loses, may be irreparable.

    And the reponse of Linux advocates so far? 'Underwhelming' is the word I'd use to describe it. There's no shortage of outraged comments about 'SCO FUD' on Slashdot, but the big Linux players (IBM, Red Hat, the Kernel developers and maintainers) seem to have decided that ignoring or belittling the SCO threat is the best approach. Well, it's not working!

    Here's a suggestion: start an audit of the kernel. If SCO won't say which code is infringing, then the auditors can certify which code is *not* infringing. It may take months, even years, to complete the task, but that's how long the SCO matter will continue anyway. In the end, an audit like this would be an insurance policy against any further attacks on Linux's integrity.

    Even if the audit suggestion above is unrealistic (I'm really not qualified to judge this), my larger point stands: Linux advocates need to stop being dismissive and start being proactive. Beyond a certain threshold, dismissing FUD becomes a sign of weakness rather than a sign of confidence. I thing we've just passed that threshold.

    --
    Imposing Libertarian views on everyone online since 1992.
    1. Re:A Call to Arms by RealAlaskan · · Score: 1
      ... start an audit of the kernel. If SCO won't say which code is infringing, then the auditors can certify which code is *not* infringing.

      What a plan! Do you suppose that SCO will give the auditors a copy of their source tree so the auditors can check that nothing is too close? Maybe not, eh?

      That's the problem with looking for proprietary code: only the proprietor could recognize it. We CAN'T. We publish our code, so the proprietors have the option to review our code, looking for problems. Thus, the kernel maintainers would be fools to ever think that they could get away with copyright violations. If any proprietary code makes it past Torvalds, Cox, et al, we can reasonably assume that it was a deliberate ``attack'' by someone (not necessarily the proprietor).

      In the end, an audit like this would be an insurance policy against any further attacks on Linux's integrity.

      We couldn't look for improperly copied code, but we could look for a chain of attribution, so that we can say we know where every line comes from. I don't know, but I suspect that the information exists to do that, if someone wanted to muck through the kernel CVS records.

    2. Re:A Call to Arms by Comatose51 · · Score: 2

      I agree.

      I wonder:
      1. Why hasn't any of the big Linux players done anything? It seems as thought they're not worried and just going to wait this one out. Perhaps they are cooking up something behind the scenes and are being quiet about it?
      2. What can Linux users, user groups, and communities do?

      --
      EvilCON - Made Famous by /.
    3. Re:A Call to Arms by stwrtpj · · Score: 2, Informative
      Here's a suggestion: start an audit of the kernel. If SCO won't say which code is infringing, then the auditors can certify which code is *not* infringing. It may take months, even years, to complete the task, but that's how long the SCO matter will continue anyway. In the end, an audit like this would be an insurance policy against any further attacks on Linux's integrity.

      This is really a lot more work than is really necessary.

      SCO has, more or less, narrowed its claims on the Linux kernel, a fact that seems to escape notice not just here on /. but elsewhere as well. It has claimed their IP is specifically in the NUMA, JFS, and SMP sections of the kernel (am I forgetting one? I thought there were four, but I may be misremembering), and have further stated that it is the 2.4 kernel that is infringing.

      So if you wish to undertake an audit, the smart thing to do would be to isolate those changes made from 2.2 to 2.4, and record where all those changes came from. More likely than not, everything except the aforementioned pieces came from sources other than IBM, and most likely from kernel contributors that can be contacted and they can affirm their copyright on the code (or the copyright as it existed before turning it over to Torvalds).

      This then leaves the pieces contributed by IBM and its subsidiaries/partners/acquisitions. Now you have the only files that SCO could claim infringement on. Any claims outside this area would be extremely suspect, which would be some insurance on the core kernel code.

      Perhaps at that point, someone could gather these files together and post them on a website explaining this analysis and that these remaining code files are the only ones that could contain their IP, and challenge SCO to try and refute the analysis. Of course, they probably will, but it would send a message that the Linux community is taking the theat seriously.

      --
      Karma: Frotzed (mostly due to the Frobozz Magic Karma Company)
    4. Re:A Call to Arms by Anonymous Coward · · Score: 0

      like "we" care if businesses use linux? linux has no aim for world domination. we can afford to wait for this bullshit to pass as it surely will.

    5. Re:A Call to Arms by RevSmiley · · Score: 1

      Purchase a 12 gauge Shot gun. The Mosburg 500 is a good choice for its intended use. Start/Join a caravan heading to Utah to make citizens arrest on the corperate officers of SCO under the charges of
      consparicy to commit extortion, stock frauds, securities violations and, cyberterror. Deliver their wretched asses to the Department of Justice in Washington DC. See how Darl and Chris like anal sex in teh federal prison system. If they resist arrest bad things will happen.

      --
      As you can see I don't care about my karma.
    6. Re:A Call to Arms by jejones · · Score: 1

      Can you prove it didn't happen?
      ---Criswell, Plan Nine from Outer Space

      Just how can one possibly perform such an audit? By definition, proprietary software vendors will not release their source to allow it.

    7. Re:A Call to Arms by rev_sanchez · · Score: 2, Interesting

      And lets us fire the next volley. I for one, would like to see the SCO icon changed to reflect their corporate culture and thus better represent them. With that in mind let us use Mr. Goatse as a weapon agains evil.

      --
      If you didn't come to party don't bother knocking on my door. Prince '1999'
    8. Re:A Call to Arms by tabdelgawad · · Score: 1

      I don't think this has anything to do with proprietary software not allowing it. Think of it this way: If you publish something and claim copyright on it, you don't go checking every single published piece of work out there to make sure you're not infringing. The burden of proof is always on the party claiming *infringement*. Legally, SCO still has to prove copyright infringement in court.

      But in the court of public (or corporate) opinion, SCO's claims against Linux have a lot of weight because no single person or specific list of people stand accused of infringement. We don't know who to look for to stand up and say "this is *my* code, I didn't copy it from anyone and SCO is full of shit". Auditing the kernel would provide such a list, who can then collectively tell SCO to shove it.

      Remember, my point was never about what needs to be done legally. It was about responding to the SCO allegations in the court of public opinion. Linus Torvalds recently claimed in an interview

      http://www.eweek.com/print_article/0,3668,a=4374 0, 00.asp

      that the "Linux process is already the most transparent process in the whole industry". That may be, but until an average person can point to a piece of code in the kernel, ask "who wrote this?" and have an answer within a few mouseclicks, that claim is empty.

      --
      Imposing Libertarian views on everyone online since 1992.
    9. Re:A Call to Arms by Anonymous Coward · · Score: 0

      "Linux is in trouble. The SCO litigation obviously has enough bite to warrant a significant SCO stock response, a reassessment by IT consulting firms, and some hesitation by the corporate world. These are all self- and cross-enforcing mechanisms and if not dealt with, they'll get worse in the next couple of years while this whole matter moves through the court system. The damage to Linux at the end, even if SCO loses, may be irreparable."

      Only in the US. We're already seeing other nations with saner laws and governments that are less in corporate pockets jumping on SCO, to the extent that they've virtually ceased operations in Europe's biggest and most influential market (Germany).

      The US will be the loser if this nonsense goes on; the rest of the world will happily continue to develop and adopt Linux to its benefit and think, yet again, "What the hell is it with these crazy Americans?"

  177. Instead of listening to all the talk ... by gotan · · Score: 2, Informative

    .. maybe investors should read about the "Risk Factors" here. To me that carefully worded document seems to be aimed at protecting the SCO management from just such a lawsuit.

    --
    "By the way if anyone here is in advertising or marketing... kill yourself." -- Bill Hicks
  178. Let's all just turn ourselves in already by nucrash · · Score: 1
    who cares if SCO is right or wrong, I say we should turn in every known Linux/AIX box in the world to SCO.

    http://www.sco.com/licensing/piracy.html

    Visit the link, and have some fun. If you run out of machines locally, remember that netcraft can find many many more.

    I think I will turn in the SCO site to start myself off.

    --
    Place something witty here
  179. It's Pump-and-Dump Time !!! by nickismyname · · Score: 1

    Maybe this has been noticed already...

    http://www.newyorkmetro.com/nymetro/news/bizfinanc e/columns/bottomline/n_8246/

    It's a pretty interesting article about how all the higher-ups get away with Pump-n-Dump stock deals. It all sounds so familiar as I watch what's been happening with SCO. Interestingly enough Mr. Boise's name appears in the article. Maybe that's REALLY why SCO hired him!

    It would be kind of nice if the SEC did something about this kind of BS!

  180. Your kidding right ??? by Archfeld · · Score: 5, Interesting

    Half of the fortune 500 companies board members live and die by Gartner recommendations. Note, that does NOT invalidate your statement about half-brains and such, but I can honestly say THE ONLY reason we have apache as a web server in our organization was the Gartner report on the TCO of IIS. It does not matter what us tech's know, it is the PHB's that make all the decisions....and the further south they get the wierder and more implausable their views get,...

    --
    errr....umm...*whooosh* *whoosh* Is this thing on ?
    1. Re:Your kidding right ??? by passthecrackpipe · · Score: 1

      I usually refrain from the "mod parent up" type of comment, but...

      mod parent up!

      i share my office daily with intelligent, well learned, and astute information architects, we have a frank discussion about the fact that Gartner analysts would sell out their mothers if it would make them money, we all agree they are scum suckers, and off they go using Gartner as gospel. I guess there is a weird sense of comfort to be found in not having to think for yourself.....

      --
      People who think they know everything are a great annoyance to those of us who do.
    2. Re:Your kidding right ??? by Anonymous Coward · · Score: 0

      The magic quadrant says you are incorrect.

    3. Re:Your kidding right ??? by Anonymous Coward · · Score: 0

      Use BSD, it's NOT dead :).

  181. In related news... by dinog · · Score: 1
    In related news :
    Linux users say delay in implementing Gartner Group recommendations due to idiocy.

    Dean G.

  182. Re:Let me educate you. Right on bro. by Havokmon · · Score: 2, Insightful
    And at the sidelines, Ziff Davis acted like cheerleaders at a football game, chanting "rah rah! Microsoft! Rah rah rah!"

    My favorite quote, "We at Ziff-Davis don't influence the reader, we merely report on what our readers want."-Ed Bott, in response to a reader complaint that ZD was giving Windows OS/Software too much press. He's the former editor of Windows^G^G^G^G^G^G PC Computing.

    How many 'Never Reboot again!' ZD magazine covers do you have?

    --
    "I can't give you a brain, so I'll give you a diploma" - The Great Oz (blatently stolen sig)
  183. Nice link... by blunte · · Score: 1

    But that's like suggesting that people should read EULAs :) They should, but they won't. Me included. It's stupid not to, but I'm not qualified to make real sense of it anyway.

    In any case, if false claims are being made with intent to pump the stock price, that's criminal, despite what the risk statement might say.

    And what's this "investors" word you use? Don't you mean speculators? :)

    --
    .sigs are for post^Hers.
  184. Is The Register a real newspaper? by Anonymous Coward · · Score: 0

    Seeing those "O'Really" ads makes me kinda wonder whether this is a real newspaper, or something like the onion, or the globe....

  185. Delay???? by Anonymous Coward · · Score: 0

    I thought Linux Deployment was allready delayed???
    This is not a flame or troll, just frustration.

  186. Haven't demonstrated anything by Outland+Traveller · · Score: 1

    Errrr... SCO has not attempted to sue any Linux end-user with no direct relationship to SCO.

    They are suing their former partner IBM for contract violations. If you were a former partner with SCO and could have conceivably broken your contract with them, then some caution may be in order.

    From a Linux end-user's perspective, SCO has not demonstrating anything, other than an imfamous PR campaign.

    1. Re:Haven't demonstrated anything by reallocate · · Score: 1

      Accurate, but they have deliberately cast themselves as willing to bring suit against corporations using Linux. That may be FUD, but is it worth risking millions of dollars to find out?

      --
      -- Slashdot: When Public Access TV Says "No"
    2. Re:Haven't demonstrated anything by DavidTC · · Score: 1
      If you were a former partner with SCO and could have conceivably broken your contract with them, then some caution may be in order.

      Or, indeed, if you are thinking of entering into new contracts with SCO.

      --
      If corporations are people, aren't stockholders guilty of slavery?
  187. WOW by Anonymous Coward · · Score: 0

    after looking at the mod points being awarded in this sequence, it is very obvious that there are a number of MS type people around here. There is a severe lack of logic going on.

  188. sco code? what sco code? by Anonymous Coward · · Score: 0

    have you seen it? i haven't

  189. Lack of logic by Infonaut · · Score: 1
    after looking at the mod points being awarded in this sequence, it is very obvious that there are a number of MS type people around here. There is a severe lack of logic going on.

    I'll take the bait.

    What is an "MS type" person? I have three machines in my office, all of which run Mac OS X. I use Linux and BSD servers to run my business. The only MS software I've ever owned is Office.

    I'm not going to stop using Linux just because of these shennanegans, but if I were running a Fortune 500 company and I didn't want to get embroiled in a costly and profit-disrupting legal battle with SCO, I might very well look at holding off on any new Linux deployments.

    So tell me about the lack of logic in that, AC.

    --
    Read the EFF's Fair Use FAQ
  190. Re:Since Linus Torvalds owns the Linux trademarks. by RevSmiley · · Score: 1

    All those groups; the FSF and other OSS groups are just going to lay there and take it in the ass it appears. Other than some lip service the leaders of these organization appear to be content to draw there pay and do nothing.

    I am starting to see Linux being doomed because of this more any any thing SCO is doing. If you are attacked you respond. Where is the counter to the SCO FUD from FSF? or the others? a few "position papers?" While SCO is buying ink by the barrel. This is foolishness.

    Linux is doomed if this continues.

    --
    As you can see I don't care about my karma.
  191. USA Vs MS by Gnulix · · Score: 2, Insightful

    Why didn't Gartner issue a warning against Windows when Microsoft was sued by, more or less, the entire USA?

  192. Please do... by po8 · · Score: 4, Funny

    I'm a CS Prof, not a CEO/CIO. If I were the latter, I would be sending out the following letter:

    Dear Competitor of My Company:

    The Gartner Group has recently come out with a report that you should definitely be aware of [url]. Gartner recommends that you "go slow" with Linux. As your competitor, I urge you to seriously consider that approach.

    We currently plan to ignore the Gartner Group advice, and move to Linux and related Free/Open software as quickly as possible. Please believe us when we say that the likely resulting legal problems should put us at a huge competitive disadvantage relative to your more cautious organization. Trust us when we say that the putative low cost, high quality, and ability to control risk attributed to the Linux platform is over-hyped. By avoiding Linux, you aren't missing much---honest.

    We're about to make the mistake of using freely available source code maintained by dedicated teams of volunteer developers to power our enterprise. We encourage you, dear competitor, not to make the same mistake: we'd hate to see you miss the opportunity to beat us out.

    Sincerely,

    The CEO

  193. The wounds will fester...... by lysium · · Score: 1
    Unless IBM takes steps to expidite the case, the trial is going to begin in 2005. That's enough time for Linux to miss the next cycle of tech purchasing....

    ----------

    --
    Together, we will drive the rats from the tundra.
  194. larry mcvoy by Anonymous Coward · · Score: 0

    you just have to read his posts to lk to see how he doesnt give a shit about linux or open source, and only sees it as a marketing tool and a way to get more revenue from bitkeeper.

    read the license.. not only its propietary, its EVIL.

  195. Off Topic - But I am fed up by Rooney444 · · Score: 3, Informative

    I am so thoroughly disgusted with all of this SCO FUD! I think we should all take some time out of our day to help fill SCO's mailbox/phonelines, so at least someone at SCO has to waste their time on something other than the quest to "end piracy". 355 South 520 West Suite 100 Lindon, Utah 84042 USA 801-765-4999 phone 801-765-1313 fax

  196. Calling all plaintiffs, calling all plaintiffs by Anonymous Coward · · Score: 0

    If you are in the Linux business, you should be suing SCO right now. Sue them for tortious interference with your business. Let's see how they like being on the wrong end of several thousand lawsuits.

  197. Remember your Fight Club by autopr0n · · Score: 1

    Calculate the risk factor that SCO will succeed in their Quest, X, and calculate the cost of a UnixWare license, Y. If X*Y is less then the money saved by using Linux, then don't change your plans. If it is, then maybe you should. Since X is probably somewhere around zero, I don't think many people need to worry...

    --
    autopr0n is like, down and stuff.
  198. Slow on SCO as well as Linux. by Anonymous Coward · · Score: 0

    If I were thinking of using SCO Unixware I would really "go slow". If SCO is found to have copied IP from Linux, the entire support base for SCO Unixware will crumble into red ink fast. Unixware will be released under the GPL, and SCO will go away quickly. The most likely case is that any dupes in the codebase of SCO and Linux are from a SCO employee dumping Linux code into SCO, not the other way around.

  199. Sounds like it's high time... by mmol_6453 · · Score: 1

    ...for a community-wide class action lawsuit against SCO.

    --
    What's this Submit thingy do?
  200. to my knowledge... by itzdandy · · Score: 2, Troll

    AFAIK Linus has stated that most if not all of the code that SCO is B1tchin' about has be rewritten in 2.6 . The offending code was already planned to be replaced as is was a little bit to "old school" unixy and didn't play nice with some of the new scheduling AND the new SMP code is better than the old SMP code that was in question.

    So why not just speed up developement of 2.6 kernels in Distros and just skip this whole issue? I personally think that IBM will win based on my limited legal knowledge and what I have read so IBM should be fine and SCO will fade away.

    1. Re:to my knowledge... by Daniel+Phillips · · Score: 2, Informative

      AFAIK Linus has stated that most if not all of the code that SCO is B1tchin' about has be[en] rewritten in 2.6.

      Linus has stated no such thing.

      Linus has stated that the SCO suit is not about IP, either copyrights or patents, on the contrary, it is over a contract with IBM.

      --
      Have you got your LWN subscription yet?
    2. Re:to my knowledge... by itzdandy · · Score: 1

      first of all, do you think that really deserved a Troll?

      secondly, Linus did say that the code that SCO IS pursuing is mostly gone and replaced by better code anyway and that he would step up complete removal of the code SCO claims ownership to if necessary.

      And yes, SCO has stated that the will be pressing licensing of Unixware code to current linux users.

      this has moved beyond the SCO vs. IBM thing, is has become SCO vs. Linux.

      Yes, they are going after IBM for contract violation first, they will most likely go after them for the Linux IP deal whether they win the contract deal or not..based on what they think is going on. we'll see.

      Troll, crap that was really harsh for a person who must be behind on his reading.

    3. Re:to my knowledge... by Daniel+Phillips · · Score: 1

      do you think that really deserved a Troll?

      No. But of course I did not do the modding.

      The takeaway from that one is: if you claim someone did say a certain thing, you'd better provide a link.

      --
      Have you got your LWN subscription yet?
  201. Contingency Plans? by Comatose51 · · Score: 2, Interesting

    I know I might catch some flak for this but what if SCO is right and wins the case? It seems as though we are all betting that SCO is full of it and that eventually justice will prevail and Linux will be cleared. Even if SCO is wrong, it doesn't mean that Linux would come out of this unscathed. Has there been any mentioning of plans to deal with the outcomes? I know that Stallman has mentioned that we can easily swap kernels. This is probably the only contingency plan I've heard so far. Anyone care to enlighten me?

    --
    EvilCON - Made Famous by /.
  202. Why hasnt IBM Bought SCO by Bruha · · Score: 1

    IIRC SCO's market cap is 182Million..

    Someone also mentioned before this mess SCO's stock was below a dollar and now it's over 10 dollars per share. *Sigh* if that's true I could of made a pretty penny there :)

    Either way IBM could buy them without even denting their profit margins by a percentage point.

    1. Re:Why hasnt IBM Bought SCO by frkiii · · Score: 1

      No, won't buy them now, that's for sure. With restrictions to stock given to some (or all) of S.tupid C.orporate O.gre's board or senior executives expiring on 31 October 2003, watch for large amounts of stock to be dumped, and the value shortly after drop to almost nothing. By that time, some of the discovery phase of the court action will be done, and IBM will have more than enough ammo to proably offer that SCO settle for a buyout of pennies on the dollar. At which point, the S.tupid C.orporate O.gre will be no more. However, it is possible that some of this "ammo" gets out before the 31 October 2003 date, and the stock will be worthless by then, that would be a fitting present for the board and senior executives of the S.tupid C.orporate O.gre, IMHO. Regards, Fredrick

  203. SCO *is NOT* �suing.people� by jbottero · · Score: 1

    I think you're quite wrong. Evidence or not, SCO is, in fact, suing people..

    SCO *is NOT* "suing.people", SCO *is* suing IBM in a contractual dispute. Note that they are not suing Red Hat, nor are they suing Mandrake or SuSE... Nor have they initiated litigation with any end users...

  204. Flashback 1992: MS good berry berry good by gelfling · · Score: 3, Interesting

    Gee I feel like it's bad acid time and I'm flashing on 1992. Ever since I was a Gartner subscriber over a decade ago I've had to basically discount anything Gartner has ever said that might make MS look good. In other words Gartner has as far as can tell ever said anything (0.8 probability) that could be construed as being vaguely negative of MS. This appears to be more of the same. One Linux vendor suing another and Gartner tells its subscribes to stay away from all Linux. And this just a few days since MS 'admits' it's #1 threat is Linux.

    1. Re:Flashback 1992: MS good berry berry good by bill_mcgonigle · · Score: 1

      In other words Gartner has as far as can tell ever said anything (0.8 probability) that could be construed as being vaguely negative of MS.

      They did once recommended scrapping IIS and using Apache. Once.

      Can somebody answer me this one question: Since SCO already released the code in question under the GPL in Caldera Linux, why hasn't everybody simply discounted their claims? This doesn't seem like legal rocket science.

      --
      My God, it's Full of Source!
      OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
  205. Your Post is Falling a Deaf Ears by Mooncaller · · Score: 2, Insightful
    I doubt that most of the /. crowd would beleive the stuff that was going on back then, and they are too young to have seen it for them selves. I still have the old PC Rag reviews comparing Windows with OS/2. They are a riot. The fact twisting and bias and downright lies are so blattent as to be laughable. Zip Data got away with this BS because most of its readership was still using DOS, and never got a chance to see OS/2 for themselves. IBM was buisy with a corporate makeover, which left OS/2 without the marketing support it needed. And the internet had not evolved to the point of being a signifigant media for bringing liers to task. If some of the OS/2 vs. Windows studies were published today, they would be discredited into oblivian. Another point is that in the eighties, most readers trusted the reporting of tech magazines. They could not have imagined that they had been bought, or that they were being deliberatly lied to. It does not help when Jerry Pornelle is running around claiming that the role of the tech reporter is to regurgitate what the Advertisers claim, without question or investigation.

    The other reason, your post will fall on deaf ears is that the history of Desktop Computing according to Bill Gates, has so permiated the industry, that even the anti-MS segment buys into a lot of it.

    1. Re:Your Post is Falling a Deaf Ears by cmacb · · Score: 1

      Not to be outdone by Gartner and Ziff Davis, I think top management at IBM should take a good bit of the credit for the success of Microsoft and Windows.

      Lou Gerstner, I believe, in his autobiography takes credit for calling off the battle against Windows. I remember the day I decided to stop using OS/2, not as a result of any technical setback (of which there were a few) but because I read a letter from one of the executives at IBM acknowledging that OS/2 could not compete against Windows NT. Furthermore, "IBM" had concluded that there was a good chance that future mainframe operating systems would probably be based on some variation of Windows! As a result by edict all future IBM software would be developed FIRST for Windows and then, eventually for OS/2 to honor their earlier commitment not to abandon OS/2. It was pretty clear that was exactly what they planned to do though as soon as a sufficient number of customers had migrated.

      Hard to examine the road not taken. Gerstner brags that his vision saved the company from throwing a lot of money down the OS/2 sinkhole, on the other hand the potential pay-off for OS/2 to even have achieved parity with Windows could have been tremendous.

      At about this same time if I recall correctly Zachmann made some interesting predictions (I think it was Zachmann anyway). He predicted that Microsoft stock would begind to flatten, and then lose value. That Microsoft would have trouble diversifying into other areas, that employee stock options would lose the ability to attract top talent, and that in total, the mythology that had built up around Microsoft would start to recede. As far as I can tell he was right on every count, but 5 or more years too early.

      As someone else pointed out, many of the readers of Slashdot are too young to have experienced these things and so they fully buy into the myth that Windows revolutionized computing and that somehow Microsoft participated in developing the PC (I enjoy asking these youths for details on this to see what outrageous things their imaginations have concocted).

      I don't agree that history will settle on these fallacies though. There is way to much recorded evidence of what actually happened. History will get it right and the last 10 years or so will be recorded as an orgy of re-branding and wheel re-invention. Almost every week I see an example of this. Last week, an article on ordered-seek queuing on PC hard disks failed to mention that mainframes of the 70's were doing this in a much more sophisticated way than even todays PCs do. Today, someone called me about a "new" virtual tape technology they had purchased that archived old files to disk based cache and then to tape so that they could be transparently recalled. Again, something we were doing with mainframes in the 70's.

  206. name change results from SCO demands by Anonymous Coward · · Score: 0

    FUD/Linux

    RMS reported to be more pissed than ever.

  207. gardner=enquirer??!? by caffeinex36 · · Score: 1

    Yeah yeah...next your going to tell me that IDS is dead too right???


    -Rob

  208. The BSD Zealots are thinking rather wishfully by FreeUser · · Score: 2, Interesting

    The BSD's legal trouble in the 1990's helped Linux gain popularity at BSD's expense. Now it may be time for the enterprise to remember BSD can do everything Linux can do -- sometimes better!

    The BSD zealots need to get a grip. There is absolutely nothing prevento SCO (or anyone else) from accusing BSD of having incorporated their code into the codebase and making precisely the same baseless accusations and FUD against *BSD that they are currently making against Linux.

    Nothing.

    The earlier court case you cite dealt with AT&T code at that time, which was subsequently removed from the BSD codebase. BSD got off on those minor infractions because AT&T had appropriated huge amounts of BSD code and was guilty of copyright violation in turn.

    The cross-licensing that resulted from this legal battle applied to AT&T UNIX at that time, not the subsequent releases of System V which SCO is falsely claiming Linux has infringed upon.

    There is therefor nothing at all preventing SCO from making exactly these same sort of accusations against *BSD, and indeed Darl et. al. have already made preliminary noises in that direction.

    So those of you zealously screaming "BSD is immune" are not only spewing nonsense, you'd better hope and pray to whatever deieties you believe in (if any) that Linux does not loose on this one, because your favorite platform is almost certainly next on the list.

    --
    The Future of Human Evolution: Autonomy
  209. This is a Catch-22 by dancoit · · Score: 2, Interesting

    As far as I can see, the whole problem is because of the fact that proprietary programs can't be reviewed by anyone. While this may seem totally obvious, the fact remains that if I employ people to write a program, there is no way I can tell whether or not any portions of code are plagiarized until I get a chance to review every ilne of every program written by every company in the world. If a writer steals a paragraph from a book and calls it his own, any literate person can verify whether that is the case or not. But claiming IP theft of closed secret code is stretching credibility when no one can see your closed code.

    Apart from that, the liability would naturally fall upon the code bandit himself, not the company who innocently distributed it. For example if Cathy Codequeen stole code from Company X and inserted it into the new version of ssh, her name would be listed on the changelogs and when Company X wanted to sue Company Y for IP infringement, their liability would be zero as would the liability of SuSE or Redhat or whomever was the distributor. They would have to sue the thief, Ms Codequeen.

  210. just reimplement it by Anonymous Coward · · Score: 0

    If there's a problem with a certain bit of code, why doesn't someone just go and rewrite it from scratch? Come on, there have to be several hundred slashdot readers capable of submitting a patch.

  211. Microsoft indemnity by roystgnr · · Score: 3, Insightful

    Just this week, Microsoft publicized the fact that they fixed that problem, by providing you indemnity in the event that such a thing happens.

    And how much indemnity are they willing to provide? According to ZDNet:

    "If it is determined that Microsoft infringed a third party's intellectual property, the new contract states that Microsoft will procure a licence so its customers can continue to use the infringing product, replace the existing product, modify the code so it no longer infringes, or refund that portion of the licence."

    In other words, if Microsoft chooses to "refund that portion of the license" then you're in exactly the same position you would be in in the worst case scenario with free software: you've paid $0 for a program that you can no longer legally use.

    In the second worst case scenario with free software (proprietary code may have made it into a free software product, but the proprietary copyright holder isn't hiding which code they claim in order to extort money a la SCO) then you'll probably be provided with options 2, 3, AND 4 from the free software community: you'll be able to choose an equivalent product (like FreeBSD), to continue using the existing product after it's maintainers remove or replace any infringing code (What, you think Linus and Alan Cox are going to give up and become novelists if it turns out there really were illegal contributions to Linux? No; anything improper will be replaced in no time.), AND to do both without paying any license fees.

    So are there some advantages to Microsoft's offer that ZDNet didn't mention, or is this just PR?

    1. Re:Microsoft indemnity by Arker · · Score: 3, Insightful

      Not only that, but even if they wouldn't take the 'refund that portion of the license dodge' (and if they wouldn't, why do they write it in?) then they're STILL only offering to do what the law always has required.

      End users of a product who reasonably believe they have a valid license for it are never on the hook if it turns out their supplier was infringing someone else. Never. The supplier is the one at fault, and they have to pay, not their customers.

      If you buy a book, and it turns out to have been plagiarised, does that make you liable? Of course not! The author of the book is the one on the hook, not you.

      If you bought DOS 6, which infringed on Stac, were you on the hook when Stac went to court and proved that fact? Absolutely not. MS was. They paid. DOS 6 owners paid nothing, were under no threat, and continued to use it as if nothing had happened.

      SCO is trying to make up the law as they go along, and they know it, that's why they're fighting in the press while maneuvering to stay out of an actual courtroom as long as possible. And selling off their stocks on the sly. I'd be surprised if they aren't all buying homes somewhere without an extradition treaty as well at the moment.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
  212. Fight Bullshit with Bullshit by ExEleven · · Score: 1

    Tell everyone that SCO contains IP from Linux and that in running any SCO Unixware Derived software that they could be sued by Linus Torvalds and Alan Cox. Of cource they wouldnt, like SCO wouldnt win, but people dont know these things. Lets fight fire, lets spread our own bullshit over theres.

    There is more of us, so we would win.

    1. Re:Fight Bullshit with Bullshit by Anonymous Coward · · Score: 0

      Easier: SCOX has already said that it is unclear if MS-Windows is safe. Fight SCOX-BS with SCOX-BS

      I really doubt many people are considering in a decision for a new system the choice between Unixware and Linux (maybe some "Wait, don't junk those Unixware boxes yet", that's all)
      -------
      SCOX price is down today. Good!

  213. Information Week, August 14, 1995. by Anonymous Coward · · Score: 0
    Copyright 1995 CMP Publications, Inc.
    InformationWeek

    August 14, 1995

    SECTION: EDITOR'S NOTE/LETTERS; Pg. 6

    LENGTH: 411 words

    HEADLINE: IBM'S CONCESSION;
    Say It Ain't So, OS/2

    BYLINE: Joel Dreyfuss, Editor-in-Chief

    BODY:

    There. Lou Gerstner finally said it: The desktop operating systems war is over. The timing is unusual. Just weeks before the launch of Microsoft Windows 95, the chairman and CEO of IBM concedes to a group of analysts that his company has lost the battle for the desktop and that it should refocus its efforts on winnable wars. Early reports indicate the statement was a surprise to the IBM executives who have devoted hundreds of millions of dollars in development costs and marketing efforts in a vain effort to make OS/2 a household name. The truth is that-despite a terrific ad campaign-IBM's OS/2 Warp is not going to displace Microsoft Windows as the No. 1 desktop operating system. This has nothing to do with the quality of Warp, which by all measures is technically superior and far more robust than Windows 95. IBM, once again, was simply outmaneuvered by Microsoft in the struggle for mindshare among computer users.

    Warp will not die. A lot of technology managers have built important applications on OS/2 and they are not likely to rush off to Windows 95 just to keep up with the latest fashions. Some power users are willing to overlook OS/2's rough edges and run it on the desktops.

    But IBM will face another challenge when Cairo, the object-oriented version of Windows NT, Microsoft's enterprise-grade operating system, appears in 1996 or 1997. As senior writers Brian Gillooly and Bruce Caldwell report this week (see p. 14), a number of major IBM clients have begun to migrate application servers from OS/2 to NT.

    IBM's best hope for desktop respect is the recently acquired Lotus Notes. While other companies have aimed their R&D guns at Notes, the groupware product still retains a substantial technology lead over the competition. Now the issue is whether the Lotus team can thrive inside IBM's unique corporate culture. We'll be watching that story very closely.

    So what's the lesson here for tech managers? One, never put all your eggs in one basket-even if it's painted Blue. If, at some point, OS/2 development ceases, you could be stuck on the information highway without a tire jack-or decent conversion tools.

    But more importantly, realize that superior technology does not always guarantee success. If you don't meet a market need, internal or external, your work may suffer the fate of OS/2, and one day you'll be surprised to hear your own CEO making terse announcements about your project's demise.

    LOAD-DATE: August 8, 1995

    .

    .

    Copyright 1995 CMP Publications, Inc.

    InformationWeek
    September 4, 1995

    SECTION: EDITOR'S NOTE/LETTERS; Pg. 6

    LENGTH: 60 words

    HEADLINE: letters;
    Too Early To Tell

    BODY:

    Your OS/2 coverage is typical fear, uncertainty, and doubt. You declare Warp dead on the desktop even before Windows 95 debuts.

    Why not do a balanced evaluation of Win95 versus OS/2 Warp on features, compatibility, robustness, etc., six months after Win95 is out?

    Chris Scholik

    Data Center Specialist

    Abbott Laboratories

    Columbus, Ohio

    LOAD-DATE: August 29, 1995

  214. This was SCO's intent.... by borgheron · · Score: 1

    Now you will see them start to offer SCO UnixWare at discounted prices to everyone who runs Linux.

    It's a typical ploy:
    1) Plant doubt about the other guys product, in this case use Linux's open nature against it....
    2) Swoop in and act like a saviour

    Well, we're not falling for it.

    GJC

    --
    Gregory Casamento
    ## Chief Maintainer for GNUstep
  215. Excellent Post by Anonymous Coward · · Score: 0
    Whether SCO is right or not, they've uncovered a problem with Linux and Microsoft has already leapt to remediate that problem with their products. The problem is indemnity.

    Finally a voice of reason around this place.

    This is the primary root problem (indemnity) that led to this implosion we are seeing within Linux right now, and is the only true way to correct the problem.

    As you correctly state, M$ is aware of this fault in Linux, and is playing the press to the max about it.

    The M$ 'Patent' suit we keep hearing about? You know, the one that might cost them billions?

    That's right. It might. But the key is it will cost THEM (M$) billions, NOT their users, especially not as a 'penalty' for illegal use of the code.

    That's what no Linux company can (or will) do. But until it does, it is a major flaw in your overall process. Not to mention the kind of profits you need to build the needed warchest to provide such coverage seems practically impossible with OSS. It's an infinite catch-22, when you figure it out, let us know.

  216. Uh-huh. by paul.dunne · · Score: 1

    Uh-huh. Who paid you to say that, Gartner?

    From an unabashed Linux user -- feel free to sue me, SCO.

  217. Measuring trouble via a market ticker? by sterno · · Score: 2, Insightful

    Linux is in trouble. The SCO litigation obviously has enough bite to warrant a significant SCO stock response

    Ummmm... I should think that the last 5 years or so of market performance should demonstrate the flaws in this statement.

    --
    This sig has been temporarily disconnected or is no longer in service
    1. Re:Measuring trouble via a market ticker? by tabdelgawad · · Score: 1

      Please don't confuse stock market bubbles with what's happening to SCO's stock price, which is simply responding to new information. Take a look at the charts at

      http://finance.yahoo.com/q?s=SCOX&d=t

      and you could probably match significant rises and drops to specific developments in their case against IBM and Linux. Even if the probability of SCO beating IBM or taking control of Linux is very small, the payoff would be so large that even when discounted by a tiny probability, the current stock price, which reflects expected (in the probabilistic sense) profits looks reasonable.

      --
      Imposing Libertarian views on everyone online since 1992.
    2. Re:Measuring trouble via a market ticker? by TheFrood · · Score: 1

      Even if the probability of SCO beating IBM or taking control of Linux is very small, the payoff would be so large that even when discounted by a tiny probability, the current stock price, which reflects expected (in the probabilistic sense) profits looks reasonable.

      Except that anyone who takes the time to investigate the case will conclude that the probability of an SCO victory in court is in fact zero, and thus there is no finite payoff that produces a non-zero expectation. (Read all those "Insighful" and "Informative" posts you're referring to--they do get repetitive, but by and large they're correct. SCO has no legal leg to stand on in this case.)

      The people who are buying SCO stock are simply hoping to find stupider people to sell it to later on. It's pure speculation -- very much like the tech bubble.

      TheFrood

      --
      If you say "I'll probably get modded down for this..." then I will mod you down.
    3. Re:Measuring trouble via a market ticker? by sterno · · Score: 1

      Actually the stock market bubble is an ideal comparison. A stock market bubble is caused when, as a whole, investors miscalculate the value of the market. They believe that the future potential of a market sector is more substantial than it is.

      In this case we have that same logic, just on the micro scale, applied to a single company. A bunch of investors look at the lawsuit and the numbers involved and think it's going to bring SCO a lot of money. More specifically I suspect they believe that this will ultimately lead to either a settlement with IBM or a buyout of SCO by IBM, either of which benefits the stock price but doesn't have anything to do with the legal merit of the case.

      --
      This sig has been temporarily disconnected or is no longer in service
  218. It's just a rise in the stakes by sbwoodside · · Score: 1

    This kind of thing is just a rise in the stakes. It looks scary, but every action has an equal and opposite reaction. The taller you get, the harder you fall.

    What's critical at this point is to save this one for that rainy day when SCO makes their blunder. Then you take all the crap that's saved up, and build up a firestorm of anti-SCO sentiment.

    simon

  219. Bad only for Linux, or bad for America? (re SCO) by softwareJoe · · Score: 0, Redundant

    This thread that's been simmering over at LinuxWorld for a couple of days now. One poster says: Jeez... this is a hard "discussion"... everybody has varied, valid points, thoroughly thought out and well articulated, I'm impressed with this crowd... Why is everybody so worried? Linux is out here, it's up to us to carry it on, not up to them. They won't (and can't) stop it even if they won and tried it. Why won't (or can't) they? simply because of its nature, the community would just find a way around the restrictions and code them in. Anyway, I'd like to thank everybody for some interesting reading (really)."

  220. what customers think? by BenLutgens · · Score: 4, Insightful

    I've had a customer ask me about this. I assured him that there's no legal precedent for this and that until a judgement is made we need not act. The lawsuit is based on allegations only. There is no legal basis to pay these bastards at SCO a nickel. Make SURE your customers/bosses don't fall for this fiasco. Speak with them and let them know that its far to early to leap.

    SCO must die, investors should abandon them for the scum that they are. Do NOT stop using linux because of this crock of shit. They refuse to provide clear proof of the violations, and in reality thier fight is with IBM, not the general linux user/developer.

    --
    "If you love someone, set them free. If they come home, set them on fire." - George Carlin
  221. It's like going back in time! by roystgnr · · Score: 1

    The SCO litigation obviously has enough bite to warrant a significant SCO stock response

    We'll start by going back to 1999, when some people still thought that stock bubbles were necessarily a reflection of reality.

    a reassessment by IT consulting firms

    Now we're traveling back to the early 1990s, when some people still thought of Gartner as an independent research group and not the corporate equivalent of those magazine advertisements that masquerade as articles.

    and some hesitation by the corporate world

    And finally we're back to the 19th century, when only the evil Communists would suggest that our corporate benefactors might not be beacons of the bold leadership necessary to steer modern society.

    This time travel trip has been brought to you by tabdelgawagad... tabeldawg... fhqwhgads?

    the big Linux players (IBM, Red Hat, the Kernel developers and maintainers) seem to have decided that ignoring or belittling the SCO threat is the best approach.

    The best approach is to wait until SCO decides what it's claiming and takes the claims to court, then defeat them there. Suing SCO for their current copyright violations in distributing Linux kernels without a GPL-compatible license strikes me as the second best approach, but maybe I'm just petty.

    Well, it's not working!

    It's not? My Linux installation still seems to be working just fine; in fact Mozilla in particular is performing extra-well, accessing a new entertainment section on Slashdot: the SCO soap opera.

  222. Exhibit C is all you need. by Anonymous Coward · · Score: 0

    > We've all read (to death) SCO's claims and the rebutals from people who have a better grasp on the history than most of us ever will.

    History doesn't matter. Go to the sco.com - Company - IBM Lawsuit.

    There you will find "Exhibit C". It is AT&T's statement of understanding to real world application of the license agreement between AT&T and IBM. You should find paragraph 2, 5, 9, and 10 most interesting.

    2. "... derivitive works are owned by you [IBM]..."

    AT&T is quite clear, IBM owns what they write -- even if it is a derivitive work --. AT&T expressly retains ownership over all code that they gave to IBM, specifically and precisely that code, and only that code.

    5. Regarding termination of license. "...you may remedy the breach..." and "In any event, our representative will excersise their mutual good faith efforts to resolve any alledged breach short of termination."

    Yep, SCO's handling of this thing has that curious ring of "good faith" all over it.

    9. "Nothing in this agreement shall prevent LICENSEE from developing or marketing products or services employing ideas, concepts, know-how, or techniques relating to data processing embodied in SOFTWARE PRODUCTS..."

    Uh huh. SCO said what, now? Something like they really own everything 'cus it all came from UNIX in concept, once upon a time, in a land far, far, away.

    10. "this section covers the situation where one of our licensees wishes to furnish its modified version of our source code for a SOFTWARE PRODUCT to another licensee of the same product..."

    "Wishes to furnish"? I thought SCO said they AUTOMATICALLY owned derivitive works. If AT&T had the smallest notion that they "owned" IBM's works, how would they ever have arrived at a word like "wishes"?

    1. Re:Exhibit C is all you need. by Anonymous Coward · · Score: 0

      So, the only thing left that might resemble a case would be if IBM copied SCO code, verbatim, into Linux. A basic copyright issue cloaked in "Trade Secret" hogwash.

      Which brings us to the issue of making one license SCO to use Linux...

      Every year there are boatloads of counterfit products made and sold. If you buy a pair of fake Nike's, in good faith, you are pretty much in the clear. You do not have to destroy them or pay Nike a fee to continue using them.

      The distributors get sued into oblivion, put into prison, and that's pretty much it. Oddly, SCO says it can't go after the distributors. What a bizzar legal theory, that.

      Anyway, SCO seems to be contractually obligated to afford IBM a good faith effort to identify the code in question, and allow IBM time to remedy the situation. Like, maybe, by rewriting the code in question.

      Since end-users have clearly adopted Linux in good faith, and SCO must contractually allow IBM due time to fix such a problem, I can't see why one would need to buy a license from SCO.

      To "remedy the breach" IBM must rewrite, test, and release a version of Linux without using SCO code. If end users happen to have liablity to SCO, it is a liablity put on them by IBM.

      As SCO would have it, assuming they win against IBM, everyone that ends up forced to pay a Linux license fee would then have a cause of action against IBM for getting them into such trouble.

      IANAL, but I recall a legal principle that says something like, in cases like this, it ALL has to go down between SCO and IBM -- and nobody else. SCO must recover from IBM, and only IBM.

      That's why you get to keep your fake Nike's, free and clear. The counterfiter has to pay "your" fee.

      So buyer beware, if you volunteer to pay SCO you have no claim against IBM for recovery. Worse, you aren't paying SCO to license Linux, you are buying UnixWare. That means if SCO loses to IBM, you can't recover from SCO either.

    2. Re:Exhibit C is all you need. by Anonymous Coward · · Score: 0

      > That means if SCO loses to IBM, you can't recover from SCO either.

      SCO license buyers might make claims of fraud, if SCO loses against IBM. But, that will likely fail because exhibit C is clearly posted for all to see.

      I'm amazed, in the sad way, how -nobody- in the "news" has bothered to report on anything remotely close to a fact here. Has ALL media, EVERYWHERE, become nothing more than spin machines?

  223. Re:Apple Is IN THE GAME by Anonymous Coward · · Score: 0

    Why is my post Flamebait? Ah, wait... I know why: moderator's are all PC/Linux users. You can be jealous all you want. Apple will own market in just a few years. Wait and see.

  224. MS SQL Server has the *exact* same problem. by emil · · Score: 1, Informative

    MS integrated OLAP software into SQL server without permission, and a court awarded triple damages against the SQL Server userbase.



    Read it and weep. I guess we should all just stick to stone tablets.

    1. Re:MS SQL Server has the *exact* same problem. by slugo3 · · Score: 2, Insightful

      The article says that "developers" were the ones sued and only selected ones at that. Seems Timeline only went after the big lucrative fish starting with microsoft.
      I wounder what would happen if someone used propriatary code in a gpl program and someone else incorporated that code into their work. would they then be liable?
      Anyway I dont see how the end user could be held liable. even if they have access to the source, how would they spot offending code?

  225. Problem Solved by Anonymous Coward · · Score: 3, Funny

    At my company we're afraid to move to Linux also, so we are moving everything to AIX. Gartner Group didn't say it was bad to move there so it should be safe.

  226. Ideology Doesn't Drive Responsible Managers by reallocate · · Score: 1

    >> ...threats and extortion should be resisted.

    Adhering to your personal ideology can be costly. So long as you, alone, bear that cost, you can be as fervent as you wish.

    However, people given the responsibility to manage other people's money -- like corporation managers -- do not have the right to mold company decisions to their personal ideology. Their role is to be fiscally responsibile.

    If buying Linux is fiscally responsible, there's no problem. But, if there's a possibiity that someone will sue the compnay if they use Linux, then a manager is behaving irresponsibly if he still buys Linux solely because of ideology, ignoring the cost of a potential suit.

    I still fail to see what kinod of ideology people think Linux is -- it's a bunch of code, nothing else. Trumping up the open source development model as some kind of political ideology is ludicrous. It only works in its own little corner of the software world because open source coders have found other ways to pay their bills.

    --
    -- Slashdot: When Public Access TV Says "No"
    1. Re:Ideology Doesn't Drive Responsible Managers by Anonymous Coward · · Score: 0

      However, people given the responsibility to manage other people's money -- like corporation managers -- do not have the right to mold company decisions to their personal ideology. Their role is to be fiscally responsibile.

      This is untrue. They should be honest about their positions just like anyone else, of course, but as long as there's no pretense that they have no beliefs or standards of their own, or will give them up, then it's fine for them to have them.

      When you hire someone you look for the person with the qualities you want. Usually this means compromise, you won't get someone perfect. If you think this guy will improve the efficiency of your operations but refuse to use child labor when he could have gotten away with it then you have to think, can you actually get someone who would be as good at everything else and have the lack of personal standards you desire, or for that matter do you really desire a lack of any standards at all in your employees?

      This goes as much for the appointment of managers or directors as it does for anyone else.

      As long as someone has been honest about their qualities then no, they have no obligation to suddenly give up on everything they believe in for purely fiscal reasons.

      I expect you to blurble at some point about the differences between child labor and buying Linux :) That's fine, and obviously I used an example that produces more empathy, but it doesn't matter what the standards of the employee are, he's entitled to them. Nobody has to hire him but that's the only choice they get, they don't get to amputate his values. Whether his values tie in with those of Reallocate, or of mine, isn't even remotely relevant.

      If buying Linux is fiscally responsible, there's no problem. But, if there's a possibiity that someone will sue the compnay if they use Linux, then a manager is behaving irresponsibly if he still buys Linux solely because of ideology, ignoring the cost of a potential suit.

      No, as long as he's upfront and honest about his "ideology" he is under no obligation to sacrifice it, and he is not being "irresponsible" in continuing to care about the things he cares about, and to act on those values rather than purely on fiscal benefit.

      I still fail to see what kinod of ideology people think Linux is -- it's a bunch of code, nothing else.

      That's fine, you brought the word "ideology" into this and if you don't know what it is that you meant then perhaps you'd better drop it there.

      It only works in its own little corner of the software world because open source coders have found other ways to pay their bills.

      If you seriously think that the space occupied by open source is "little" then you are surprisingly ignorant.

    2. Re:Ideology Doesn't Drive Responsible Managers by reallocate · · Score: 1

      Geez, all I'm saying is that, so long as SCO is deliberately creating the impression that they are prepared to sue any company deploying Linux, then a company that deploys Linux will incur the risk of being sued by SCO. Managers who "believe" in Linux (as some sort of social movement)are, I assert, acting irresponsibly if they deploy Linux solely in respopnse to that personal belief.

      Even the usual /. dweeb ought to be able to understand that. It's tantamount to figuring out that you run the risk of getting wet if you stand outside in the rain.

      --
      -- Slashdot: When Public Access TV Says "No"
  227. Re:How often do you violate copyright, Mr Mc Bride by budgenator · · Score: 1

    "Hello, I'm Groucho Marx, and welcome to another edition of "You infringe on Copyrights". Tonight's contestant is Mr. Darl McBride, from SCO Group. Tell us, Mr. McBride, what do you do, and how often do you infringe on copyrights?"
    "I...I *dont't* infringe on copyrights"
    "Oh, come on, Mr. McBride, dont' be shy. Just whisper the URL of your FTP server. I won't tell" (FX: Audience laughter)
    "But I don't infringe!"
    "Ah, an *alleged* infringer, eh? It'll be interesting to see how long he gets away with it, folks!" (FX: applause) Well you did have a FTP server up to about 18th of July didn't You?"
    "Well yes we did, but we took it down"
    "OK Mr. McBride, you did have openLinux on it didn't you?(FX: Audience laughter)
    "I *already* said we took it down"
    "the 18th, that was well after your company said IBM put your IP into Linux wasn't it?"
    "Of course it was"
    "and isn't distributing non-GPLed code mixed with GPL'ed code a violation of the GPL and therefore an infringement of the copyrights of about 250 major and countless minor kernal contributer's"
    "our legal team dropped the ball on this one"(McBride's face appears ashen)
    "look on the bright side, if you lose your suit with IBM then your not an infringer and go bankrupt, If you win, then the code you distributed under the GPL becomes GPL'ed and the infringement suits bankrupt you anyways!(FX: Audience Hysterical laughter)

    --
    Apocalypse Cancelled, Sorry, No Ticket Refunds
  228. Microsoft Shills by terrymr · · Score: 1

    Does anybody out there still believe that Gartner isn't a front for Microsoft ?

    Their credibility ran out a long time ago as far as I'm concerned.

  229. Timeline by Anonymous Coward · · Score: 0

    Anyone know of a timeline for all this SCO stuff?

    To me the longer it drags on the worse for the Linux community. This whole issue is putting a question mark over Linux and Linux is in turn is losing a whole lot of opportunities because of it.

    It almost seems as if /. are in part contributing towards the negative thoughts - Every day there is an update on this whole SCO fiasco. Perhaps sco.slashdot.org should be started?

    To me it seems like they don't have a case but this is my opinion.

    I'm sure lots of people feel the same way, so if anyone has any idea of a time line it would be greatly appreciated if they could post one somewhere on this thread :)

  230. Re:Let me educate you. Right on bro. by _xeno_ · · Score: 1
    He's the former editor of Windows^G^G^G^G^G^G PC Computing.

    The former editor of Windows *ding* *ding* *ding* *ding* *ding* *ding* PC Computing?

    I think you meant Window^H^H^H^H^H^H PC Computing Or the simpler Windows^W PC Computing. HTH. :)

    (To ensure I wasn't wrong, I found this link which does, in fact, list ^G as the bell character. It causes the console to beep. :))

    --
    You are in a maze of twisty little relative jumps, all alike.
  231. SCO with Microsoft? by Zelph · · Score: 1

    I wonder if SCO is being funded by Microsoft.... This might almost all make sense then...

  232. Software needs no license by Stephen+Samuel · · Score: 1
    If you are the user of a Microsoft product, and Microsoft has installed someone else's copyrighted code into their software, the owner of that copyrighted code can claim that you are using their code without a license

    The only people who have need to fear violating SCO licenses are people who sign them. Copyright does not control your use of software, only your copying of it -- i.e. As long as a company is buying a copy of Linux from a Linux distributor (RedHat, Suse, etc.) then it is the distributor who risks being in violation of copyright. (because they're the ones making the extra copies).

    In other words, this is just a good excuse to make sure that your company gives business to the Linux community.

    Microsoft's "rights" to do things like their software 'audits' are a result of the licenses that companies are stupid enough to sign with them.

    Stephen King's lawyers can't go waltzing into my house asking me to prove that I have licenses for all of his books... Neither can SCO ask companies to prove that they have the rights to use their software. In the case of Linux, SCO has very little rights at all, unless they have some proof that the company is (a) violating the GPL, and (b) using SCO code.

    --
    Free Software: Like love, it grows best when given away.
  233. What does the accountant say? by Anonymous Coward · · Score: 0

    Smart money management says:

    If Unixware license is less than (Win2000 license + interest from now until license payment is required) then deploy Linux.

    If the costs are equal, deploy Linux.
    If the costs are close, deploy Linux.

    In 2-5 years you may have to pay. Or you may choose to migrate to BSD or Solaris or HPUX instead of pay. Or SCO disappears, and you keep rolling along.

    So stop talking to journalists and lawyers, and start talking to your accountant.

    1. Re:What does the accountant say? by Anonymous Coward · · Score: 0

      In 2-5 years most people will have upgraded at least once, probably more.

      One more "upgrade" to another platform would just be business as usual.

  234. Business Disparagement by Anonymous Coward · · Score: 0

    Wouldn't the thing to do is sue SCO for business disparagement? (see http://www.criderlaw.com/faq_coml_disparage.html)

    Unfortunately, I'm not sure you could force SCO to exhibit the claimed offending code.

  235. My foundation will indemnify you by Anonymous Coward · · Score: 0

    Could I form a foundation that licences Linux? I would give you guarantee that I will cover your liability-- just as Microsoft did with windows. The only catch is I am completely broke, so SCO could sue me, but I wouldn't be able to pay anything, but all the banks and other Linux user would be in the clear because they licenced from me. Make sense?

  236. What the hell did you expect them to say?! by hugerobot · · Score: 2, Interesting

    Did anyone expect an organization like the Gartner Group to come out and recommend throwing caution to the wind? I'm not surprised that they made this recommendation (Which I am ignoring, and in fact when I go into work tomorrow I am building a new RH7.3 server for internal webapps). I'm more surprised that this is even something the Gartner Group needs to take a position on?! I work for a multi billion dollar company, which pays close attention to the careful analysis and insightful recommendations that the Gartner Group makes. You don't need to be careful or insightful to come to this conclusion if your sole purpose is to help businesses make decisions.

  237. Why doesn't Red Hat or IBM sue SCO for damages? by rollingcalf · · Score: 5, Insightful

    SCO should be sued for the damage they are doing to Linux distributors, and an injunction should be obtained to shut them up until they can show proof in court. One half-dead company must not be allowed to use the legal system to terrorize people all over the place.

    --
    ---------
    There is inferior bacteria on the interior of your posterior.
  238. Smoke and mirrors by Arker · · Score: 1

    That statement is meaningless.

    The customers don't have and have never had any legal liability for a suppliers copyright infringement. MS has promised, actually, to do less than they were legally required to already, since they stuck in a loophole about refunding a portion of the license cost.

    --
    =-=-=-=-=-=-=-=-=-=-=-=-=-=-
    Friends don't let friends enable ecmascript.
  239. SCO's copyright registration by henrygb · · Score: 1

    If SCO has announced that it has registered its copyright to System V source code, does that mean it has deposited the code in the Library of Congress? And now somebody can compare it with other source code?

    1. Re:SCO's copyright registration by 16K+Ram+Pack · · Score: 1
      From what I can understand, it's an assertion of copyright - it doesn't even prove that they have copyright.

      I could try and register all sorts of copyrights. Any of these could be attacked by people claiming to be the real copyright holder.

  240. Gartner says what other people pay them to by PotatoHead · · Score: 1

    I know thats a bit extreme, but I am having a hard time deciding what to believe from this group.

    They change their stance an awful lot. If I had just paid them for one of their expensive reports only to read the new story a week later, I would be pissed.

    'nuff said.

  241. sco by Anonymous Coward · · Score: 0

    Bluntly put: SCO, you are a piece of shit

  242. I have an example by vt0asta · · Score: 1

    We use Oracle on Linux in production at the place I work at. Let me give you the run down...

    We are using Redhat 7.3 (no AS bullshit), Oracle 9iR2 (3 node RAC) latest patches, all on top of 3 Dell 2650 2.4ghz, linked to a Brocade San using Clariion 4500 storage. The cluster network is on some silly Dell gigabit switch.

    We insert 3 million rows of data daily to one node. Another node bares the brunt of 10 custom piggy java-based end user applications (across the country 30 field offices), the third node is there as a standby failover in case any of them fail.

    sar reports between 15-20% cpu utilization on the active nodes. When a node fails (gets evicted by the cluster group) the applications seemless cross over to the failover node and pickup where they left off, and nary a ring on the phone. We have had applications with connections spread out across two nodes, and because of cache fusion and the fast gigabit network...pinging wasn't even really noticable.

    0 problems? Well, there have been a few... You have to keep current on the oracle patches ('specially those relating to cluster management), the STOM(N)ITH or watchdog drivers have been in a period of change, and you need a seasoned DBA and SA who work well together and understand the issues. It helps if they are a cross between the two.

    However, if you are looking for the 5 nines at a price that can't be beat...I heartily recommend Oracle RAC on Linux.

    Win2K3 is too new to even be a sane choice. Tell mgmt. you would have to test and patch for 6 to 9 months, before it would be ready for the field. Linux 2.4 has been out for years, and is ready to do work now.

    As for SCO... attacking Linux may have put them on the map, but now everyone knows where to send the nukes. IBM is going to blast them into oblivion. IBM no doubt has a pile of paperwork that they are going over with a fine tooth comb that will end up being the most solid and unbreakable defense the industry has ever seen. SCO is embarrassing themselves, and they are going to end up owing everyone an apology when they crawl out from their smoking crater of a company.

    --
    No.
  243. Sirius Cybernetics Corporation by trouser · · Score: 1

    I always figured Gates & Balmer would be first with their backs to the wall when the revolution comes, but I'm starting to think Darl McBride could be a serious contender.

    --
    Now wash your hands.
  244. So you must be avoiding all Microsoft software by Anonymous Coward · · Score: 0

    > I sure hope you don't work for my company. We'll be talking soon if you do. There's no reason to unreasonably subject a company to liability or additional liability regarding a clear risk.

    From that, I am assuming that your company has banned the use of Microsoft software, especially on the server.

    If you run IIS, then you are opening yourself up to a lawsuit when your customers' credit card numbers get stolen from your website.

    If you run IE, then you open yourself up to a lawsuit when you partner's confidential information is stolen from your employee's desktop. There are currently 19 unpatched security holes in IE.

    In fact, given the two huge security holes that came to light in the last week, if you are running Windows at all, then you are opening yourself up to a lawsuit due to loss of confidential information.

    Of course, security holes aren't the only risk.

    If you developed a system for your customer using J++, then you can be sued, because that customer is now dependent on an illegal, unsupported product. The same goes for WISE, which Microsoft abandoned as part of their Unix lock-in scheme.

    So since you want to avoid lawsuits, and are therefore not using any Microsoft software, I am curious to know what you do use. Unix? OS/2?

  245. Why not just remove disputed code? by Krellan · · Score: 2, Interesting

    I must not understand something that's going on here.

    With all this SCO-Linux controversy, why not simply remove the disputed code?

    Since the 2.6 kernel is on the verge of being formally released (taken out of beta), the 2.6 kernel could form a fresh start, being SCO-free.

    I'm sure it wouldn't be hard to clone the disputed code, doing things a slightly different way, to replace whatever functionality would be lost by the removal of all SCO-disputed code.

    The hard part would be is if SCO had patents on the disputed code. Then the functionality would have to go "non-US", like MP3 encoders and DVD players already have to do.

    Does anybody know for sure why this hasn't been done already?

    1. Re:Why not just remove disputed code? by user32.ExitWindowsEx · · Score: 1

      No one knows what SCO is disputing...SCO won't tell anyone.

      --
      "Evil will always triumph because good is dumb." -- Dark Helmet
    2. Re:Why not just remove disputed code? by frkiii · · Score: 1

      If the S.tupid C.orporate O.gre would show the code in question (which they won't, but more on that in a moment) the code could be removed. However, the reason the S.tupid C.orporate O.gre will not do so, is so they can continue to make baseless claims and hope that people pay them money to prevent, the possibility, that the S.tupid C.orporate O.gre will sue them. I understand that, in a few months, restrictions on sales of stock owned by some (or most) of the corporate officers of the S.tupid C.orporate O.gre will be lifted. Then, watch the mad mad rush to sell large blocks of stock before their house of cards crashes down around their heads. Only problem is, for the S.tupid C.orporate O.gre, is that they will then have 1) IBM, 2) the open source community (including Linux users, developers, etc.), 3) their own customers and probably 4) Linux distributors (RedHat, etc.), 5) their investors, 6) the SEC and 7) FTC, suing or procesecuting them for years and years to come. I am having a hard time believing that the S.tupid C.orporate O.gre could be so "stupid" to burn as many bridge (or potential bridges) they are currently setting fire to (i.e. burning). But maybe I am giving them more credit than they deserve. Maybe the board and the corporate executives of the S.tupid C.orporate O.gre are that stupid! Regards, Fredrick

  246. IBM could stop the fud now by Anonymous Coward · · Score: 0

    Since IBM believes that SCO has no case, it would be no issue for IBM to offer to pay any fees that SCO might get a right to claim from Linux users. It probably won't cost IBM anything, and Linux implementors would have nothing to fear.

    1. Re:IBM could stop the fud now by minard · · Score: 1
      see this article.

      Note the response from a SCO representative:

      SCO Spokesman Blake Stowell said the memo was a sign that IBM saw SCO's claims as a viable threat.

      "I think they are taking the threat seriously otherwise they wouldn't be informing their salespeople about that," he said. "We've had a lot of customers suggest they'd be interested in taking out a license."

  247. But who will protect us from Microsoft? by Anonymous Coward · · Score: 0

    Who will indemnify Microsoft's customers?

    Who will repay the users of J++ for the millions of wasted development dollars? Who will recompense them for the costs they incurred depending on an illegal product, that must now be withdrawn?

    Who will repay the users of WISE (Bristol's Microsoft-backed Windows APIs for Unix)? Who will recompense them for their wasted development dollars? What recourse do they have in the face of Microsoft's broken promises?

    Who will repay the users of WordPerfect, whose software was damaged by flaky Windows APIs?

    Who will repay the users of AmiPro, whose software was broken when Microsoft introduced changes to the Function Key APIs in Windows 95?

    Who will repay the users of cc:Mail, whose software was crippled when Microsoft introduced changes in the MS Word interface?

    Who will repay the users of MS Office, who unknowingly incurred a huge liability by having their document archives locked up in secret protocols?

    Who will repay the users of Windows, IIS, IE, and Outlook for the billions of dollars in time lost to viruses? Who will recompense those companies who are sued for having the credit card numbers stolen from their websites?

    It seems to me that depending on Microsoft is risky business indeed.

  248. Gartner HR Policy by matth88 · · Score: 1

    I interviewed for an analyst position with Gartner about 7 years ago, and eloquently opined that Windows had structural problems that would become burdensome in 5 to 10 years, thus opening themselves up to better architected competition. Afterwards, they didn't return my calls.

  249. Re:Let me educate you. Right on bro. by Havokmon · · Score: 1
    I think you meant Window^H^H^H^H^H^H PC Computing Or the simpler Windows^W PC Computing. HTH. :)

    Yeah yeah yeah ;) As I did it I thought it might be the beep. (Had a 'boss' once who replaced win.com with win.bat filled with ^g's on my pc ;)

    But hey, this is Slashdot. We can't leave ALL the mistakes to the editors ;)

    --
    "I can't give you a brain, so I'll give you a diploma" - The Great Oz (blatently stolen sig)
  250. Re:Apple Is IN THE GAME by putaro · · Score: 1

    There actually was one place in the world at least that had 10,000 users on AppleTalk - Apple! Yah, it was all one big happy AppleTalk network when I was there. It worked, too.

  251. Indemnity! Turn on that dime Microsoft! by Kyrka · · Score: 1
    Wow folks - mod the parent to my reply up because this guy is really onto something. In the past, Microsoft hit you with the EULA crap pretty much absolving themselves of indemnity beyond the sale price of the software. (This too was never really tested in court, so it's the antithisis of the GPL in more than one way I guess.)

    So suddenly they've found that perhaps with a buttload of $$$ in the bank they can afford to accept this kind of risk now. It's a smart move - let's not overlook that the open source community can't do much to mitigate this since we're not bound to one another in business agreements and the like while we're "just a bunch of hippies with computers". Any ideas on how (or if it's possible for) some solidarity can dis-arm this tactic?

  252. The Call that Arms by jefu · · Score: 1
    I'm not sure how such an audit could be done and mean anything. Suppose you have a code fragment that "George Shrub" claims authorship to. You contact Mr. Shrub and get his statement that he wrote the code, was not looking at SCO code when he did and so on. You believe him (especially since you see that the code looks right, fits in the code being changed, has the right date, is commented on in the LKML and so on).

    Now SCO says that it is theirs. They have (possibly forged) timestamps on code, someone else (in their employ) who swears to have written it, and so on. They go to court and persuade a technophobe judge and a jury specifically selected for ignorance.

    The best case the linux community can put together is things like the LKML, web archives, dated Redhat (and other vendor) CDs and so on. Dated copies of the code in a number of independent sites is probably the best proof around that independent Linux coders produced the code in question. It may be worthwhile though to start collecting kernel code on web archives of code, of the LKML, of commentary on the code, with cryptographic timestamps and so on - just in case.

    But we don't know what code is in question and until we do, collecting it all may be pointless. It may be anyway -- SCO could just claim that one of their employees had written the code and emailed it to the nominal contributor.

  253. Glad You're Not A CEO Where I Invest My Money by reallocate · · Score: 1

    My customer's choose me for two reasons:
    1. Because I am honest.
    2. Because I avoid unnecessary risks.


    First, you didn't mention your product. Presumably, that's why you have customers in the first place.

    But, you got this little scenario wrong. We're talking about managers spending the money stockholders and other investors have placed in their hands. Customers don't play a role here.

    And, I didn't say that everyone should just "give in". I said SCO's suit against IBM and their deliberate creation of the fear that they will sue other corporations using Linux ought to make any manager think twice before buying Linux. That's just simple common sense.

    Suppose you were a CEO and you spent millions of compnay dollars replacing Windows with Linux. Then, SCO sues you and you spend several million more dollars fighting their suit. And that's if you win. If you lose, it costs even more. That's money that would otherwise have gone back to the people that own your company. How are you going to justify your actions to them?

    --
    -- Slashdot: When Public Access TV Says "No"
    1. Re:Glad You're Not A CEO Where I Invest My Money by Anonymous Coward · · Score: 0

      > First, you didn't mention your product.

      But I did -- web hosting and software development.

      > But, you got this little scenario wrong. We're talking about managers spending the money stockholders and other investors have placed in their hands. Customers don't play a role here.

      Yes, and you are saying that managers should react to every media FUD campaign and allow their decisions to be based on unsubstantiated claims.

      I would fire you for incompetence, and for wasting the stockholders money.

      > And, I didn't say that everyone should just "give in". I said SCO's suit against IBM and their deliberate creation of the fear that they will sue other corporations using Linux ought to make any manager think twice before buying Linux. That's just simple common sense.

      Yes, and with just a few seconds thought, they would realize that SCO has provided nothing to back up their claims.

      And then they would realize that the choice is between:
      1. Guaranteed savings, and one company's unproven claim of risk for Linux.
      2. Guaranteed high costs, and already proven risks for Microsoft.

      Anyone who continued to incur the high cost and high risk of the Microsoft solution, instead of moving forward with the much lower cost, and lower risk of the Linux solution, should be fired.

      > Suppose you were a CEO and you spent millions of compnay dollars replacing Windows with Linux.

      You keep implying that somehow Windows is safer than Linux.

      Suppose you were a CEO, and you spent millions of your company dollars developing a system with J++. Now, as a result of Microsoft's illegal behaviour, you have to spend a million more dollars migrating your system to standard Java.

      Suppose you were a CEO, and you continued to run your company's website with IIS, despite its history of security problems. Now, as a result of client information leaked from your website, your company is being sued.

      Suppose you were a CEO, and your company continued to use IE on its employee's desktops, despite the known security holes. Now, as a result of information leaked from one of those desktops, your company is being sued for breaching a confidentiality agreement.

      You are suggesting that the CEO should ignore those known risks, and continue to run Windows, because of something he read in the paper.

      You are putting your stockholders dollars as risk.

  254. stop the fud now. by pair-a-noyd · · Score: 2, Funny

    Drop the MOAB now.
    They refused to drink the koolaid.
    John has a long mustache.
    The chair is against the wall.

  255. I wish more people would buy a brain. by Anonymous Coward · · Score: 0

    You are, of course, exactly right.

    There is a concept at law that says, basically, a common defendant must be held wholly accountable to a common plaintiff all at once.

    Here's the senario...

    Microsoft sells you SQL.

    You buy it in good faith and commit millions to building your new and critical system.

    Ee Gad, Microsoft stole code from Oracle!

    Oracle sues Microsoft, wins, collects Billions.

    Oracle comes after you, looking for license fees.

    You are the 1 millionth customer to sue Microsoft looking to recover the fee Oracle demands. You win. But, Microsoft has gone bankrupt.

    You paid Microsoft, fair and square, and you comitted substantial funding to get your system into production. Why should you have to pay Oracle without getting your money back from Microsoft? Why should some be made whole, while others subjected to the exact same harm are not?

    Microsoft may not have enough money to pay everyone that has to pay Oracle. Some may get compensated, some won't. Oracle was at the head of the line, and had no case against you until it was finished. It is most likely get the most, since Microsoft may not even have that before it goes bankrupt (Ah, what a though) and Oracle can wait until it is paid before comming after you.

    OK, the law doesn't like to think of itself as a lottery (even if it is). In this senerio, Microsoft committed one act that damaaged a number of people. Those individuals must be given a fair and equal chance to recover from Microsoft, and should not need to re-litigate the exact same case over and over. The dup'ed buyers of SQL aren't damaged beyond what Oracle wants them to pay (Well, wrong(*), but that's the legal viewpoint). So, since it all goes to Oracle, and it will all come from Microsoft, the end-users are simply declared "whole" and Oracle has to recover everything it can from Microsoft.

    (*)Actually, in software, the Dup'ed buyers CAN be harmed beyond the fee Oracle demands. Software applications usually depend on ongoing maintenance and support. The law will only declare the body of end-users "whole" for the common harm. It can't force Oracle to continue Microsoft's support and maintentance contracts, or insure a consistant pricing scheme going forward. With the next OS upgrade you may be forced to pay for a complete rewrite of your application onto Oracle proper, or some other database.

    But, since these costs are unique to you they fall outside the definition. You have to sue Microsoft in an attempt to recover these costs. (You will likely lose, short of a refund on paid up maintenance contracts, since Microsoft is really under no obligation to sell you a next version either.) Yea, it would'a never happened if they didn't screw the puch, but sometimes there's just no justice for you.

  256. It's just a business decision by myklgrant · · Score: 1

    As far as I can tell the only losers here will be businesses who would have benefitted from using Linux, yet choose Windows because of the FUD. If they decide the risk is too great, that is their perogative. If they let Gartner, SCO or whomever choose for them then it's their loss, not Linux's. Linux itself will just keep on improving and will always remain an available choice (with risks of course) for those businesses who want off the Microsoft treadmill.

  257. hard to square isn't it? by twitter · · Score: 1
    A register article quotes Gartner:

    "Gartner recommends that enterprises hit by both Code Red and Nimda immediately investigate alternatives to IIS, including moving Web applications to Web server software from other vendors, such as iPlanet and Apache," explains Gartner's John Pescatore.

    The alternatives "have much better security records than IIS and are not under active attack by the vast number of virus and worm writers."

    That's as bad as Gatner has ever been to M$, but it's not bad at all. Notice that the recomendation contained an appology. Gatner has consistenly ignored the problems that lead to Cod Red, poor quality code and an inferior security model, to consistnetly recomend them over better software. The current fluff recomending M$ or "Unix" solutions to "complex" M$ created problems, ignores BSD, Apple and other solutions that are fine if not better.

    Microsoft seeks to delay free software adoption untill they have Paladium in place. Gartner is right behind them.

    --

    Friends don't help friends install M$ junk.

  258. It's like the stock market and it's analyists by gotak · · Score: 1

    This isn't that much different from the stock bubble a while back. You have some self-important people going around telling everyone how this and this is going to happen so better react soon or you'll lose out.

    Nothing of the sort they predicted happened and million of people were sucker into giving money to those self-important people.

    So what else is new? This is most likely going to blow over without anything serious happening to linux and everyone's going to go "eh.. ok" and keep beliving whatever those big men tells them.

    This kind of stuff happens everywhere not just in the two above cases. Does anyone still visit hardware review sites daily? Weekly? I go to places like tomshardware only when I know something siginifican has came out. I pretty much got dead tired of the "latest" shootout between motherboards. I mean how much faster do you think your computer's going to run on one MB vs another?

  259. what are you talking about? by twitter · · Score: 1, Insightful
    There's no reason to unreasonably subject a company to liability or additional liability regarding a clear risk. We simply don't know the risks associated with SCO's copyright registration. ... I am recommending holding off on additional Linux installations/upgrades as well as ascertaining how many, if any, machines have the 2.4 Kernel.

    That's pathetic and you are doing your company a great disservice. If you don't know what the risk is, it's not clear and you need to do more research. If the risk is small or not credible, and it's not, you should not be moved by it. Your auditing of kernels is a waste of effort (though a small shell script should do it for you) and your delay in adopting free software subjects your company to the very well proven costs of running insecure, unreliable, expensive software.

    I would suggest hari-kari or a change of jobs for someone who uttered such nonsense to upper management. Do your homework and act reasoanbly, please.

    --

    Friends don't help friends install M$ junk.

    1. Re:what are you talking about? by ipandithurts · · Score: 1

      You're encouraging me to adopt "free" software that may end up costing the company $500-$700 a seat (at best) or $5000 a seat if we are found to be infringers.

      Who's not acting reasonably?

      All I am recommending to my company is to hold of on implimenting software for which we cannot reasonably predict the cost. This is, right now, the "great unknown." While it certainly appears that this won't hold up, we need to step back, evaluate what the costs, risks, and benefits are before we continue down the path.

      I fail to understand how it is a "disservice" to a company to evaluate software implimentantion on a cost/benefit analysis (including risk) PRIOR to implimentation.

      Sure, it's always fun to shout "damn the torpedos" but if the benefit is negligible, I'll let some other company lead the battle, spend the money, while my company can sit back, watch and wait.

      Granted, if it's determined that my company would lose considerable economic advantage NOT using LINUX, then we might take the risk. Until then, I'm going to keep the risks at a minimum. Remember, we're playing with real people, real money, and real stockholders. This isn't a SIM game.

      --

      Stop undressing me with your eyes. I'm ugly naked.
  260. Re:Why? by pi_rules · · Score: 1
    If you select the proper tools and decide in the future linux isn't for you, just recompile and move on.


    A couple of years ago I worked on a website with a team of guys and we deployed on Linux/PostgreSQL/PHP. A similar project surfaced a while ago and my old buddy contracted me to help him finish this sucker off and get it out the door. This time: FreeBSD/MySQL/PHP. Big whoop -- we flip some database code around and the website side is fine. However there's one problem:

    This thing ties into a "chatroom" type deal. I horked up an idea of using the Hybrid IRC daemon and slapped some mods into it to get it to dump critical info about it's status into a shared memory segment and whacked together a little command line program in C to read this data out for PHP to parse. Damn... new platform, this might be a pain to port over.

    I yank my 2 year old code that worked on Linux and recompiled the Hybrid IRC daemon w/ my mods -- boom, zero errors. Fire it up, it works!

    I yank my little shell program out and recompile it -- zero errors. Fire it up, it works! I was friggen amazed. I was planning on taking 4-6 hours to port over this little bit of SysV IPC code safely.. and it took absolutely nothing. Something to be said about sticking with old, and functional, technology I guess.

    Oh, and the FreeBSD choice wasn't made becuase of any SCO crap either. It's just what the admin at this site prefers to work with -- same with the MySQL choice. He can admin it and work with it so we chose to just port it to a new DB.
  261. This just in.... by Anonymous Coward · · Score: 0

    Gartner Group is a bunch of dickheads.

    Gartner has been two steps behind the times for so long, that I don't understand who's stupid enough to pay for their advice anyway. They clearly don't understand the nature of the lawsuit, just the suits.

  262. Gentoo ? by axxackall · · Score: 1

    Hmm... I've just realized. For last year, I am not just a Linux guy - I am Gentoo guy. So, it's even more easy for me to switch from Gentoo/Linux to Gentoo/BSD as they both Gentoo and my gentoo skills are in Portage, not in the kernel. Besides, my boss is comfortable to use Gentoo/Linux as he already knows from me and from articles that we can switch from Gentoo/Linux to Gentoo/BSD easier than between two different Linux distros or between two BSD distros. And that our used Linux applications are in fact kernel agnostic as they are either already ported to both or they are interpreter-based or just web-based. Very convinient :)

    --

    Less is more !
  263. You haven't been following this by DahGhostfacedFiddlah · · Score: 1

    SCO won't tell us what the "offending" code is. It would be a non-issue and a hundred people would have already done what you suggest if they had.

  264. ObDuffman by sharkey · · Score: 1

    Gartner says a lot of things!

    --

    --
    "Outlook not so good." That magic 8-ball knows everything! I'll ask about Exchange Server next.
  265. MOD PARENT UP by waferhead · · Score: 1

    And I wasted all my mod points yesterday...

  266. Still Missing The (Very Simple) Point by reallocate · · Score: 1

    Everything you've said is irrelevant. This is simply about incurring the risk of a future lawsuit because you buy something today. Whether that product is Linux, Windows, or a take-away pizza is not important.

    The point, the only point, is this: Buying a product that brings with it a threat of a lawsuit is riskier than buying a product that doesn't being with it a threat of a lawsuit.

    How brave or how cowardly the managers are doesn't count. How good or how bad the products are doesn't count. Even what the product is doesn't count. If buying something means you might have to spend more money down the road to defend against a lawsuit, you'd be a fool not to think twice.

    --
    -- Slashdot: When Public Access TV Says "No"
  267. Underwrite the bond? by nlinecomputers · · Score: 3, Interesting

    If the case had merit could they not get someone to underwrite the bond(Hello LLOYD'S of London)? Not the case here of course, but they are allowed to do that are they not?

    --
    Slashdot, home of supporters of free software, free music, and free speech.Except for Moderators that disagree with you.
    1. Re:Underwrite the bond? by Silburn_Luke · · Score: 1

      Yeah, but the bond would cost money. Given the lack of case we stongly suspect that they have, it would cost a lot of money - and for what? It might give slashdotters pause for thought ("Uh-oh... maybe they actually have a case!") but it wouldn't improve the effectiveness of the FUD amongst the general public by much.

      Regards
      Luke

      --
      #include witty_one_liner.h
    2. Re:Underwrite the bond? by nlinecomputers · · Score: 1

      Well thank the gods that will not happen. Even a 20% bond would cost a couple of BILLION dollars and an actual injunction would send the NASDAQ crashing through floor and the basement and deep into the bedrock. :-)

      --
      Slashdot, home of supporters of free software, free music, and free speech.Except for Moderators that disagree with you.
  268. Should You Put Yourself at Risk By Using Windows? by Anonymous Coward · · Score: 0

    > Suppose someone in your town decided to sue everyone who shopped at Grocery A. Even if you were convinced that their case was baseless, wouldn't you think about shopping at Grocery B until the issue was resolved??

    But that's not the whole analogy.

    Suppose the reason you were planning to shop at Grocery A is because Grocery B had been caught selling polluted food. And suppose the lawsuit was intended to force you to shop at Grocery B despite your safety concerns. Wouldn't you be outraged enough to fight back?

    Should a company continue to put itself at risk by sticking with Windows?

  269. SCO. Gartner and Microsoft by gstaines · · Score: 1
    Sometimes I wish that the earth would open up under these guys and just swallow them up whole (in some sort or biblical event) I think we would be much better off.

    Gordon Staines

  270. Shell game for the PHB by The+Monster · · Score: 1
    simply change the OS to
    Just tell the PHB that you migrated the Linux servers to 'Anonyx'. It's what Detroit calls 'badge engineering'
    Welcome to Anonyx 9.0

    login:

    See? It isn't Linux!
    The advantage of Anonyx is that it's binary-compatible with Linux applications, but it's called 'Anonyx', so it isn't Linux.
    --

    [100% ISO 646 Compliant]
    SVM, ERGO MONSTRO.

  271. Problem solved... by Titan · · Score: 1

    Um, this problem was solved in 1994: grow up people and move on.

    --
    Sean Chittenden
    seanc@FreeBSD.org
  272. why cant one of the kernel coders just do this? by RouterSlayer · · Score: 2, Insightful

    Ok, this is old and lame. SCO news is beyond sad and pathetic.

    So why hasn't a decent kernel coder grabbed the SCO source distros (still out there) - if needed, and grab a similar non-SCO release and look for copyrights and code comments?

    hell, couldnt we just egrep for "SCO" in the kernel code? or egrep for SCO|Unixware|Novell|Caldera|whatever ?

    might take some time, but I'm sure some of the higher ups in the Linux kernel development code take a few hours, peek at the code and post something (while maybe not definitive, it might be "good enough") ?

    and yes I know SCO doesn't have anything but smoke (they can't afford the mirrors any more)...

    1. Re:why cant one of the kernel coders just do this? by EMR · · Score: 2, Interesting

      I think the bigger issue here is about code ownership.. SCO is claiming they own code that IBM wrote themselves (JFS, Numa, RCP) for their Operating systems (OS/2 and AIX). IBM's and everone elses "thought" on that is.. "I wrote the code I own it.. yeah I ported it over to AIX so I could use it there".. SCO is claiming that OH it runs on AIX.. AIX is derived from Unix, therefore we own it, and you can't re-port it to Linux.
      Then there's the whole SMP thing which thus far proof has been surfaced that shows Alan Cox developed that on a machine donated by Caldera/SCO using information in a publically available book.

  273. Only in America by BiggerIsBetter · · Score: 1

    Many countries have a system whereby loser pays court costs. So in many countries it doesn't make sense to make legal threats you can't back up. But in the US this isn't the case, which means SCO can pull this shit and companies must do the "safe" thing, regardless of whether it's due to baseless allegations. SCO is exploiting the system, and it looks more and more like paraphrased extortion every day.

    --
    Forget thrust, drag, lift and weight. Airplanes fly because of money.
    1. Re:Only in America by reallocate · · Score: 1

      Sure, it looks like extortion, but that doesn't affect the risk involved, does it?

      Why do so many people on Slashdot seem to think that stomping their feet and getting excited because they've discovered that the bad guys act badly will actually change anyone's behavior?

      --
      -- Slashdot: When Public Access TV Says "No"
    2. Re:Only in America by Anonymous Coward · · Score: 0

      > Why do so many people on Slashdot seem to think that stomping their feet and getting excited because they've discovered that the bad guys act badly will actually change anyone's behavior?

      Because it will, and you know it.

      When facing a villain, people can either be brave, and oppose the villain, or they can be afraid, and let the villain win without a fight.

      You seem pretty intent on making sure that they do the latter.

      Furthermore, we can encourage people to be at their best. We can assure them that they will not be fighting alone. We can point out, correctly, that this risk is not any worse than the risk they face every day (when they use Windows). Americans have their faults, but they have proven that they will stand bravely in the face of evil.

      On the other hand, you seem to want to ensure that people are afraid. You want to convince them that they should simply turn away in the face of SCO's claims. You are trying to encourage the worst in people.

      I don't trust your motives. You could easily be one of the people that Microsoft pays to post here. On the other hand, you could simply be a coward, one of those people who says, at the scene of an accident, "Maybe we shouldn't get involved."

    3. Re:Only in America by reallocate · · Score: 1

      >> ... this risk is not any worse than the risk they face every day (when they use Windows...

      At least you agree it is a risk. That's all I've been saying.

      Whether or not Wndows is bad, good or indifferent is besides the point in this case. The point is simply that a lot of people believe SCO may sue companies deploying Linux. SCO is certainly encouraging that impression. That imposes a risk on anyone business that deploys Linux: the risk that SCO may sue them.

      I'm stunned that so many people can't figure that out, or consider that fact ("Buy Linux = Potential SCO Suit") to be a criticism of Linux.

      I don't have any motives here. I dont care what people do vis-a-vis SCO, Linux or Microsoft. I don't have an ideological stake in any of this. (In fact, the notion that Linux and open source warrent someone "believing" in them is inane. It's just a softwere development model.)

      You can't run a successful business on testosterone. If you wanna tell your CEO to buy Linux and to ignore SCO's threats, fine, do that. Remember, if SCO does sue your compnay, the CEO won't think you're brave. He'll think you're wrong (and, maybe, fired).

      --
      -- Slashdot: When Public Access TV Says "No"
    4. Re:Only in America by Anonymous Coward · · Score: 0

      > You can't run a successful business on testosterone.

      You can't run a successful business on cowardice either.

      Just ask the former executives of WordPerfect, Lotus, and the other dead companies who gave in to similar extortion tactics by Microsoft.

      You may recall this quote by Microsoft's Brad Silverberg:

      "What the guy is supposed to do is feel uncomfortable, and when he has bugs, suspect that the problem is DR DOS and then go out and buy MS-DOS. Or decide to not take the risk for the other machines he has to buy for in the office."

      And those companies did succumb to Microsoft's threats. Following similar bad advice from people like you, they avoided the minor risk involved in continuing to support DR-DOS, but they accepted the much greater risk of being under Microsoft's thumb.

      Now those companies are gone. They didn't do what was in their best interests. They allowed themselves to be frightened away.

      And now you are trying to ensure that it happens again.

      You are trying to get people to focus solely on the threat imposed by SCO (i.e. Microsoft). You want them to believe that supporting Linux would be a risk.

      But you also want them to ignore the fact that it is a much greater risk to NOT support Linux, because that route brings the guaranteed result of being a slave to Microsoft.

      You pretend to be reasonable, yet all you are doing is playing on people's fears. If you really intended to provide good advice, then you would point out that the greatest risk comes from giving in to SCO's extortion.

      You can't run a business without guts. If you try, then your business is doomed.

    5. Re:Only in America by reallocate · · Score: 1

      >> You want them to believe that supporting Linux would be a risk.

      Stop putting words in my mouth. I never expressed any opinion about Linux. One more time: SCO seems willing to sue companies that deploy Linux. That means a company buying Linux needs to consider that risk.

      Sheez, if SCO was threatening to sue companies that deploy Windows, then that would also pose a risk.

      If SCO was threatening to sue companies that bought cars from GM, then that would pose a risk to companies buying cars from GM.

      And, yeah, Windows carries a lot of risk of a different nature. But that doesn't stop SCO from making noises about suing over Linux.

      This is all very, very simple. Don't you get it?

      --
      -- Slashdot: When Public Access TV Says "No"
  274. "and by deception thou shalt do war" by Anonymous Coward · · Score: 0

    "kee betachbulot ta'ase lecha milchama"

    Translation: "With clandestine terrorism we will conduct war"

    or

    Translation: "and by deception thou shalt do war"

    this is the phrase that surrounds the menorah on the logo of the "Israeli Mossad"

    do you really believe the Zionist state of Israel's methodology is any different than that of their Secret Police, or in their business practises, or in their media interests, or in the way they tell history ..

    linux is a threat to them and to the american capitalist ruling class .. it's not about a fair competition and may the best man win .. it's about "WE" are in control and "WE" will not give it up willingly ..

    one of their greatest tools are the court's ..

    but their greatest weapon ..

    is the party based system of democracy which gives the simple minded a belief that they have some freedom and some control over their lives ..

    " in a true democracy there can be no representation in lieu of the people "

    all they have to do is put it's reality in doubt and the deed is done .. the WAR is half won ..

    1. Re:"and by deception thou shalt do war" by Anonymous Coward · · Score: 0

      Just what we need some fucked up anti-simite, (islamisist?) bull shit take on this. SCO and the US are controled by an "evil zionist conspiaracy."

      Fuck and the animal you rode in on we don't need any of your religous hatered here complicating this issue.

  275. Remove the offending code! by sap.de · · Score: 0

    How long would it take to remove the code they are complaining about and make a release to the public ? Hopefully thats not taken as an admission of fault - but could also clear up the arguements from above about not being able to safely deploy Linux now because of infringement. Kind of funny for me though ... those Caldera shares I bought a few years ago that became almost worthless..maybe one day I will get my money out of them ;-)

  276. Problem: PHBs don't read Slashdot by toolz · · Score: 2, Insightful

    Yes, the whole SCO issue is garbage.

    Problem is - we know that, but the people who take decisions do not. And even if they *would* know *about* it, they wouldn't act on it. They aren't paid to act on *knowledge* - they are paid to act on *recommendations*.

    Why? Because if they acted on their own knoweledge, and if something went wrong, they would carry the blame. If they act on a "recommendation" by a consulting firm, they can blame the consulting firm.

    And that's where Gartner & Co come in. They can make "recommendations" that will affect the industry in positive and negative ways, and get away with it because that is what their business model is - professional scapegoats, if you can call it that.

    It is a win-win situation for consulting firms like Gartner, Forrester and their ilk, as well as their clients. If one looks closely at their "predictions" and "recommendations" over the years, you will find a balanced mix of bombs and hits - as long as that ratio is maintained, they own the keys to the mint.

    Don't believe that? Then have a look at these two "recommendations":

    21 May 2003

    23 July 2003

    They are both by the same company, in fact by the same person (George Weiss). Yet they indicate two opposing lines of thought, to the point that Gartner clearly says in the first one:

    "Gartner believes SCO made a strategic error when it chose to defend Unix on Intel over Linux, against market trends. SCO is building a new Web services framework on the upcoming Unix System V v.6, and wants to steer OpenServer, UnixWare and SCO Linux customers to an expanded Web application programming interface. To support its legal claims against the Linux industry, SCO had to withdraw its Linux distribution from the market. But SCO damaged its own credibility and cut off the one potential avenue of high growth for its framework."

    Compare that to the tone of their most recent "recommendation".

    The problem with this is, of course, that the PHBs may be acting on tainted information, which could cost their companies heavily.

    Quick Q&A:

    Q:Do they care?

    A:No. They aren't paid to care.

    Q:Doesn't the whole world laugh at them?

    A:Yes, but they don't care, because they aren't paid to care.

    Q:Aren't they afraid that their companies will suffer if they act on tianted information?

    A:No. They don't own the companies - they are employed by them. If the company folds, they will move on.

    Q:Shouldn't they be reading Slashdot to get the real picture?

    A:$deity forbid! If they would, they might get a clue, and then slashdotters would have nothing to rant about, which would mean the end of Slashdot! ;-)

    Q:Does this mean that this is the end of Linux?

    A:Remember the British and their "Salt Tax" in India? Try to tax something that is free and an indespensable part of nature, and bad things happen.

    Relax. Life will go on, as will Linux.

    --
    You aren't remembered for doing what is expected of you
  277. Like I Said Before by Master+of+Transhuman · · Score: 1

    if IBM does not do something publicly and LOUDLY to stop SCO from winning this case in the media, Linux will only be hurt.

    Of course, AFTER the case is OVER, Linux will regain the ground it lost, but it might significantly prolong the time it takes to rise in the enterprise market. And that's where money is to be made (eventually) for some people anyway. The longer Linux is delayed in getting there by this sort of FUD, the longer you'll have to wait to retire with the big bucks from implementing Linux enterprise solutions.

    --
    Richard Steven Hack - This sig is TOO GODDAMN SHORT TO DO ANYTHING USEFUL WITH! MORONS!
  278. Linux users? by Anonymous Coward · · Score: 0

    Linux users sue SCO? Um, for what?

  279. Gartner's Credibility Just Tanked by Jawn98685 · · Score: 1

    Yes, some will point out that "... they never had any to begin with...", but they have always been a widely respected organization. Sadly, that respect has slipped a few notches, in my book. To me, SCO's case is a slam-dunk loser, for so many reasons. How is it that Gartner can take such a namby-pamby approach to this?

  280. Gartner is not completely off-target by Anonymous Coward · · Score: 0

    This report has a few more Gartner pronouncements.

    "SCO is being opportunistic ahead of the lawsuit with IBM by exploiting nervousness and is trying to create as much FUD [fear, uncertainty and doubt] as possible," said Andy Butler, research director, Gartner Group.

    Butler said Gartner is not authorised to give legal advice but has advised clients that "they should not be blas and should follow events carefully if they have significant Linux exposure".

    He added: "Users should not start waving their cheque books as there is no legal precedent for what SCO is demanding and it is not clear what laws have been broken."

  281. I hate to ask, but... by Qbertino · · Score: 1

    ...what exactly is this Hurd thing you're talking about?

    --
    We suffer more in our imagination than in reality. - Seneca
    1. Re:I hate to ask, but... by Anonymous Coward · · Score: 0


      GNU HURD is the kernel for the GNU operating system. It is always 10 years from completion ;)

      I should probably say that it is *a* kernel for the GNU operating sysem, the other being Linux. But, the GNU folks wanted to use HURD, not Linux. Some of them actually run it.

      I admire their stoicism.

  282. I'm starting to consider this cheap publicity... by Qbertino · · Score: 1

    I'm actually starting to consider this whole thing cheap publicity for Linux. After all, here in germany SCO has been court-ordered to either put up or shut up (or pay 500000$ in bullshitting-fees).
    Since I'm trying to earn a living with Linux I've layed out some gritty remarks on the case that I can deal out whenever somebody comes up with the issue.
    Since I even had all the SCO Linux marketing stuff coming at me (yes, I *do* feel a little silly) I can even show of SCO United Linux disks and tell the people that SCO was crazy enough to ask 700$ for them after a 30 days 'testing' period. Anybody with more than 2 braincells knows whats cooking when they find out that SCO couldn't gain ground with overpriced United Linux packages and has messurable stock value gain since they started this campaign.

    --
    We suffer more in our imagination than in reality. - Seneca
  283. Re: Apple has always lived up to its expectations by antAllan · · Score: 1

    Exactly! No-one expected them to...

  284. Can't we just rewrite the parts? by cfish · · Score: 2, Interesting

    SCO already stated which version of Linux is "contaminated" I forgot which version, but not an ancient one.

    But won't it be faster if we hire a hacker to rewrite SMP and whatever SCO accused of us from that particular version? As long as we stick to the same API, it should not be too bad to compile it and fix it to merge into other later codes.

    If we provide a "100% cleaned/rewritten" version, we won't be weighed down by the legal problems. Believe me, the business world is very concerned about this, since they don't have a clue what is going on.

    Think about it, a good hacker will work much faster than the court system.

  285. Solution!? by Anonymous Coward · · Score: 0

    Replace the suspicious code and they won't be able to do a jack sh-t..

    Later

  286. Gartner has been overrated for ages by Anonymous Coward · · Score: 0

    Sadly, many managers do not understand this. They need something to hold on to.

  287. Re:Why? by cbowland · · Score: 1

    Yeah, I know. I was using linux as in the linux based os's and their associated open source components and not linux as in the kernel. The second is more correct, but the first is what most people mean when they talk about business not adopting "linux".

    --

    Give a man a fish and he will eat for a day.
    Teach him to eat and he will fish forever.

  288. My thoughts by maroberts · · Score: 1

    Some of these have been stated elsewhere, but I felt them to be good points

    a) Did Gartner recommend not installing Microsoft software, for ever? After all, there's always one suit or another going on against MS, whether from someone trying to rape Microsoft for money, or more serious cases like STAC and the antitrust case.
    b) There must be some basis on which to counter-sue or claim for malicious libel, even in the US. Is there anything to make this case roll along instead of plod as seems to be the case.
    c) Are there any areas of dispute in Linux code apart from the IBM stuff? SCO seem to be making statements in random directions, but without placing any hard evidence in front of us.
    d) can we put together a fund large enough to bribe a SCO employee to release the entire SCO code history, so we can see if they do have any real evidence? After all if the US can do it for Uday and Qusay, we ought to be able to pay enough for one engineer to holidayb in the sun so Linux can progress by either changing the disputed code or find SCOs claims to be rubbish.

    --

    Donte Alistair Anderson Roberts - hi son!
    Karma: Chameleon

  289. Re:Evidence? Serious MS Hard drive failures! by FloridaSage · · Score: 1

    OOPS. Just discovered that hard drives formatted in FAT16/32 FAIL seriously...mechanical failurs, not just crashes (so, please do not just quote http://www.bugtoaster.com to us!). Even when running any other OS on them, FAT formatted hard drives seem to fail prematurely, ATA drives failing in 3-4 month cycles! Seeking MORE EXPANDED database for Quality Assurance testing as we have only 80 equipment histories for two years at this time... Where is a Microsoft Mole when we need one, as this surely has been apparent in their equipment certification testing?! Another reason for the NDA? Oh, right. M$ is a double convicted felon, U.S. and France... would you buy anything from a convicted Felon?

  290. The time is now by Oriumpor · · Score: 1


    In Germany they came first for the Communists and I didn't speak up because I wasn't a Communist. Then they came for the Jews and I didn't speak up because I wasn't a Jew. Then they came for the trade unionists and I didn't speak up because I wasn't a trade unionist. Then they came for the Catholics and I didn't speak up because I was a Protestant. Then they came for me--and by that time no one was left to speak up.
    --Martin Niemöller

    OK maybe a bit extreme for this circumstance.... but I can't think of anything more apt to reference here. SCO is going after IBM now, they will go after BSD if they see a resurgance/any money in it. If MS has BSD product, they (SCO) will--eventually--be able to extort *more* money from MS as well, or at the very least ruin the whole free software movement.

    Ok, maybe a *little* extreme, but this FUD is sure as hell getting out of hand. (also, how long before we see SCO filing suit in Munich? or Oregon, or any number of other areas where linux has been in the news?) Decision makers will very quickly decide: "Well, regardless of whether or not they really do own the property It's cheaper to not be sued."

    Immediately thereafter Linux will become a blip on the radar, unless there is a backlash at SCO.

    Someone needs to take hold of this massive outpouring of linux user/developer frustration. Whether that be the FSF, GNU, or Linus himself, someone needs to form a NPO who's specific purpose is to tie SCO up in court. If I can spend 100 dollars to bankrupt SCO and guarantee the several hundred Linux installs I have had to maintain/setup over the years are safe, I'd do it, and I bet some large linux using orgs would pay much more for that as well.

  291. Re:Should You Put Yourself at Risk By Using Window by reallocate · · Score: 1

    >> Wouldn't you be outraged enough to fight back?

    Should a company continue to put itself at risk by sticking with Windows?


    Those questions don't bear on the issue. You can answer "yes" or "no" without affecting the degree of risk in buying Linux. So long as SCO is posturing as being prepared to sue corporations that deploy Linux, any corporation deploying Linux incurs some degree of risk that SCO will sue them. That seems a pretty self-evident proposition to me.

    Someone's opinion of Windows or whether or not they are "outraged" at some other company won't reduce or increase that risk.

    --
    -- Slashdot: When Public Access TV Says "No"
  292. Why does anyone listen by MrScary · · Score: 0

    It is really confusing to me that anyone listens to these people. They are the ones who touted microsoft for years and look at the money that they have cost the industry. I think that they need to open their books so everyone can see where the funding comes from and then we can make an informed decision on their decision.

    --
    I've been searchin for the chord I can't hear Ive been searchin for years Its somewhere inside But its well disguised
  293. And let me educate YOU by Overly+Critical+Guy · · Score: 1

    ...on the wonders of a joke.

    You're way too emotional over this. Go out and catch a movie or something. Please.

    --
    "Sufferin' succotash."
  294. Re:Why? by ichimunki · · Score: 1

    Well, GNU is hardly based on Linux. A case could be made for the exact opposite, though. And Perl was built for Unix and got Linux as a gimme.

    As to your original assertion that SCO and this case won't hamper Linux (the system, not just the kernel). I tend to believe that's true only because they will likely be shown to have very little substantial case for infringement-- of such a level that the offending code can be removed without harm, should such code be found to exist at all (and found to be infringing in the form in which it is included).

    But much of the development of things like KDE and GNOME are dependent on having a Free and legal kernel. And to some extent they are dependent on corporate projects and money to help cover development expenses. I should think that each of the projects you mentioned would be quite concerned if it suddenly should happen that their work would only run on proprietary Unix because Linux was gone (although there are still the BSDs-- and because of SCO's vagueness we have no idea if those are also at risk).

    Not that I find SCO remotely credible at this point, but should they happen to win even a small monetary settlement in their case against IBM this will set them up for larger wins later, because they will continue to be able to afford to pursue these cases in court. The snowball effect could be very deadly. And because most of the places where Linux development happens have copyright laws that would favor SCO if SCO won cases here in the U.S. the idea that this is just a U.S. problem seems a little off.

    --
    I do not have a signature
  295. Open Source a risk to corporate health? by shooz · · Score: 1

    Between the SCO lawsuit, Bill & Steve's IP remarks, and the Gartner group's recommendation, it looks like the corporate adoption Linux may have a tough road ahead. While most people here believe that Linux will come out on top of this particular issue, I feel this exposes a huge problem regarding Open Source software and its adoption in large corporations. Specifically, the end-users of Open Source software can be the targets of lawsuits if a company claims the software infringes on their intellectual property.

    So my question is, as a consultant who promotes Open Source software, what is the answer to a potential business client that asks the question "Does using Open Source software make my company a possible target for a lawsuit?"

    I realize this is an issue in the closed-source world as well, however, it seems that the closed-source software vendor would be liable for infringements (see recent changes regarding indemnity in Microsoft's EULA), plus the fact that it is closed-source may make it harder to discover these infringements in the first place. Would buying your Linux from RedHat put the legal burden on RedHat? What about some random Open Source project? Does downloading the RPM from redhat.com make RedHat the vendor?

    Whether or not the vendor covers you is another story -- it all comes down to perception -- and right now it seems that Open Source software may be perceived as a risk to corporate health.

  296. Not Just Linux by 4of12 · · Score: 1

    and take a "go-slow" approach to Linux in high-value or mission-critical production systems."

    This seems to be common sense no matter what platform you're trying. I wish I could sell advice like that for as much as Gartner charges its clients.

    Like, I can definitely see a CIO at a Fortune 500 company saying,

    "Hmmmm, since I'm going with Unix or Windows instead of Linux on this high-value or mission-critical system, it's probably a good idea to take a go fast approach and rush right in where angels fear to tread!"

    Here's one for free: in order to succeed in the stock market, assess your personal tolerance for risk, invest for the long term, diversify, buy low, and sell high.

    --
    "Provided by the management for your protection."
  297. OT: The Gods of Comedy Smile by CERonin · · Score: 1

    May the Gods of Comedy smile on you, my hat is off to you sir! To fill you in on my source material:

    1. Groucho Marx was a real person, one of the Marx Brothers. They started out as a Vaudville act, progressed to movies, and finally split up. Groucho went on to TV to host a popular game show "You Bet Your Life!"
    2. "You Beat Your Wife" was actually an old Bugs Bunny routine where Bugs impersonates Groucho and grills a hapless Elmer Fudd (part of many skits in "Wideo Wabbit"). Sadly, this classic seems to have been heavily censored in the last few years.

    You probably know all this, but what the hell, it was a nice trip down memory lane. Ah, the days when cartoon violence was actually violent! Nobody died, but you took your lumps, that's for sure...

    --
    stirring the pot since nineteen mumblty mumble...
    1. Re:OT: The Gods of Comedy Smile by budgenator · · Score: 1

      I've actualy watched the show,You Bet Your Life, or at least parts of it, as it came on past my bedtime LOL. That was back in the days when the NBC peacock meant the next show was going to be in color

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds