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SCO: Fortune 500 Company Buys License, IBM Retort

An anonymous reader writes "SCO announced today that an undisclosed Fortune 500 company purchased Linux licenses for each of their servers running in their business. SCO: 'This Fortune 500 company recognizes the importance of paying for SCO's intellectual property that is found in Linux and can now run Linux in their environment under a legitimate license from SCO. We anticipate this being the first of many licensees that will properly compensate SCO for our intellectual property.'" kanly writes "The full text of IBM's countersuit against SCO is now online at LWN." M : Our own Roblimo has a pretty good take on it. Keep in mind that SCO could sell a blanket license for $1, for the publicity value.

121 of 557 comments (clear)

  1. There is one word to describe these people: by Neophytus · · Score: 5, Funny

    SUCKERS. I really want to put some sort of useful comment in this post but that word just keeps repeating.

    1. Re:There is one word to describe these people: by brejc8 · · Score: 5, Interesting

      I wonder if they really are suckers.
      SCO needed someone to admit paying up. So what if they got a company which has just the one or two linux servers to pay in exchange for SCO paying them back double.
      Company is happy, SCO looks more credible and lawyers get their share.

    2. Re:There is one word to describe these people: by bigjocker · · Score: 5, Interesting

      The word that keeps comming to my mind is: Microsoft.

      They are a fortune 500 company, have had business with SCO this year regarding this UNIX licensing fiasco, and have opened the Open Source Test Lab. I'm pretty sure they would benefit a lot by licensing all the linux in their Test Lab with SCO, that way they support the case and fuel SCO's FUD machine.

      --
      Life isn't like a box of chocolates. It's more like a jar of jalapenos. What you do today, might burn your ass tomorrow.
    3. Re:There is one word to describe these people: by MuParadigm · · Score: 5, Informative


      An undisclosed Fortune 500 company paid an undisclosed amount for an undisclosed number of licenses for undisclosed code in the Linux kernel.

      Is anyone else skeptical? Or is it just me?

    4. Re:There is one word to describe these people: by swordboy · · Score: 4, Insightful

      I wonder if they really are suckers.

      No... they are Microsoft.

      --

      Life is the leading cause of death in America.
    5. Re:There is one word to describe these people: by RLW · · Score: 2, Informative

      Make that two words: Spineless suckers.

      Unless it's M$FT. Then the two words are: Silent partner.

      --Given the boom in world population the rate has to be every 28 seconds by now.

    6. Re:There is one word to describe these people: by eric76 · · Score: 4, Informative

      SCO's stock price had been declining, for the most part, all day. But then the announcement of the license purchase seems to have helped them pull it back up a bit.

      There was a rather interesting dip to $8.27 a share from around $9.00 a share just before they released the news.

      See SCOX on finance

    7. Re:There is one word to describe these people: by DaveAtFraud · · Score: 5, Interesting

      If it was anybody else they wouldn't have a reason for keeping it a secret. SCO has a huge incentive for being able to publicize any big names besides Micro$oft who pony up. I would think they would be more than willing to cut a deal on the licensing fees just to be able to publicize whoever paid... but that assumes its a company who has a significant number of Linux boxes and who doesn't mind telling the world that they use Linux.

      "Undisclosed Fortune 500 company" my a$$.

      --
      They that can give up essential liberty to obtain a little temporary safety deserve neither safety nor liberty.
      Ben
    8. Re:There is one word to describe these people: by AKnightCowboy · · Score: 2, Funny
      SUCKERS. I really want to put some sort of useful comment in this post but that word just keeps repeating.

      I would imagine this "Fortune 500 Company" has a CIO that buys penis pills via spammers as well. There's a sucker born every minute. For god's sake, at least wait 5 or 6 years until the court decides whether SCO even had a case before you go throwing away your money. Don't forget to send your bank account info to that nice Nigerian gentlemen to recoup your licensing costs. The money you make on helping him smuggle his millions out of there will more than cover them.

    9. Re:There is one word to describe these people: by finkployd · · Score: 2, Insightful

      While that does make sense, remember that the company itself (Microsoft or not) likely requested that SCO not publicise who they are. They may just be dumb enough to buy the license, but smart enough to know the rest of the computing world will hate them for doing so :)

      Finkployd

    10. Re:There is one word to describe these people: by terrymr · · Score: 2, Insightful

      It's interesting that the announcement came right after (like 3 minutes) a very steep decline in the stock price which had been gradually declining all day.

    11. Re:There is one word to describe these people: by dtfinch · · Score: 2, Interesting

      Sun just struck a big deal with SuSE so I doubt it's them.

      It could be Disney. They have a lot of their own intellectual property to protect. Rumors of IP infringement spreading among non-technical folk would be much more damaging to them, even though the rumors would be false, than news of their foolishness (if it was them) spreading among the rest of us.

  2. To the unnamed company by Mikey-San · · Score: 4, Funny

    P.T. Barnum called. He wants his cliche back.

    --
    Mikey-San
    Karma: +Eleventy billion (mostly affected by watching Celebrity Jeopardy)
    1. Re:To the unnamed company by Mikey-San · · Score: 4, Informative

      Ah, indeed, I'm incorrect:

      http://www.historybuff.com/library/refbarnum.htm l

      Fairly obscure, so I'm not too upset that I didn't know. ;-)

      --
      Mikey-San
      Karma: +Eleventy billion (mostly affected by watching Celebrity Jeopardy)
  3. A cave in... by esconsult1 · · Score: 4, Insightful
    So finally some feckless lawyers caved in. On the one hand they might say it is prudent to hedge their bets, but in the larger scheme of things it just makes SCO's complaint look valid... exactly what they were looking for to bolster a court appearance.


    sigh...

    1. Re:A cave in... by fredistheking · · Score: 5, Insightful

      I seriously doubt anyone caved in. At this point it would be silly to do so. IBM and Redhat are countersuing SCO. I think that any of the corporate types would realize that they can wait until these lawsuits progress before that have to pay anything. Most likely, the company got the licenses for next to nothing and it is in a position to benefit if SCO gets what it wants in the end.

      -

    2. Re:A cave in... by Angst+Badger · · Score: 4, Interesting

      in the larger scheme of things it just makes SCO's complaint look valid

      Hardly. Any random judge picked at random might be technically clueless, but I'm sure they all understand the logic behind hedging one's bets against litigation -- aside from seeing it every damn day of their working lives, they are all lawyers, after all.

      --
      Proud member of the Weirdo-American community.
    3. Re:A cave in... by msgmonkey · · Score: 5, Insightful

      This wont mean anything in court because the act of selling something does n't mean you had the right to sell it in the first place.

      Look at it this way, lets say I claim to own the rights to Windows and sell 1,000,000 licenses, it does n't validate any claim. 1,000,000 may have believed what I said but it does n't make my claims any more right.

      In fact if anything this could be used by IBM as evidence of SCO strong-arm tactics.

    4. Re:A cave in... by AntiOrganic · · Score: 4, Interesting

      It doesn't really matter if they paid for it or not.

      Should the IP claims [inevitably] turn out to be invalid, this company now has certifiable legal grounds to sue SCO for all their licensing money back. And more lawsuits over this sort of thing will just hurt SCO's stock values more in the long run.

      Just think of it as "insurance."

  4. SCO Group to Shoot Babies! by sICE · · Score: 5, Funny

    The article is here...

  5. Stock tanking by DavidNWelton · · Score: 2, Interesting

    If you look at their stock chart for Monday:

    http://finance.yahoo.com/q?s=SCOX&d=c&k=c1&a=v&p =s &t=1d&l=on&z=m&q=l

    You can see where it was really headed down the tubes, and then this announcement came along at 'just the right moment', and propped things up a bit.

  6. Undisclosed? by mopslik · · Score: 5, Funny

    ...an undisclosed Fortune 500 company...

    We can't name the company because they don't exi-- er, because of legal reasons.

  7. undisclosed company? by riotstarter · · Score: 2, Interesting

    Just like the infringing code...I bet both don't exist.

    1. Re:undisclosed company? by innosent · · Score: 2, Interesting

      From the IBM response: 55. States that it is without information sufficient to form a belief as to the truth of the averments of paragraph 55, except admits that IBM and The Santa Cruz Operation, Inc. (a California corporation now known as Tarantella, Inc., which is not affiliated with SCO), entered into an agreement to develop a UNIX operating system for a 64-bit processing platform that was being developed by Intel and that the project was known as Project Monterey.

      Anyone else notice this? Since the majority of SCO's case (aside from the Sequent stuff) centered on things developed for Monterey, isn't it important that it's not the same company? Same name (sort of), sure, but it's not the same corporation. Old SCO != New SCO, therefore New SCO can't sue based on something that may or may not have been done to Old SCO.

      --
      --That's the point of being root, you can do anything you want, even if it's stupid.
  8. the obvious answers by rot26 · · Score: 5, Funny

    The SCO(R) Group (SCO) today announced the signing of its first Intellectual Property Compliance License for SCO UNIX Rights.

    How could Microsoft NOT be forced into buying these for its "new" Linux Lab (mentioned here several times in the past week.)?


    "We've had more than 300 companies in the first four business days of this program contact SCO to inquire about SCO's Intellectual Property License for Linux," said Chris Sontag

    Yeah, and 299 of them were trolls from pissed off slashdotters.

    --



    To ensure perfect aim, shoot first and call whatever you hit the target
  9. I'll take a guess by Trogre · · Score: 5, Interesting

    With their new 'testing labs', what's the bet that it's Microsoft?

    I'm sure they'd love to further finance Caldera's extortion/FUD campaign.

    --
    "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
    1. Re:I'll take a guess by MalleusEBHC · · Score: 4, Insightful

      If it were Microsoft, I would think that Redmond would have played this up in the press for all it is worth. Despite the fact that many geeks hate Microsoft, many people in the business world are influenced by MS. If Gates and Co. were to come out and say that they bought a license from SCO so they wouldn't be using some pirate Linux, I'm sure many a PHB would read that and be afraid of using Linux.

      Just a little food for thought.

  10. I am guessing by Soong · · Score: 3, Insightful

    that the "Undisclosed Fortune 500 Company" is none other than Microsoft.

    At least, it satisfies my sense of irony and suspicion. It would be convenient for Microsoft to lend credibility to SCO's claim on Microsoft's biggest thrat, Linux. Microsoft says, "the enemy of my enemy is my friend."

    --
    Start Running Better Polls
    1. Re:I am guessing by tshak · · Score: 5, Insightful

      the "Undisclosed Fortune 500 Company" is none other than Microsoft

      I doubt it...

      A) It's already common knowledge that MS has purchased some sort of unix license from SCO.

      B) If it was MS they probably would have said "Fortune 100" or smaller in order to have an even larger PR impact.

      --

      There is no longer anything that can be done with computers that is nontrivial and clearly legal. -- Paul Phillips
    2. Re:I am guessing by mrpuffypants · · Score: 2, Interesting

      Well, this brings up an interesting point: for all that MS makes of software piracy and compansating uber-huge conglomerates what if they DON'T register all their new copies of Linux?

      Would it mean that they don't think SCO has a case or does it mean that they really don't give a flip about piracy?

      But they prolly did register it. That sucks.

    3. Re:I am guessing by dringess · · Score: 2, Informative

      And this would seem to substantiate your guess.

  11. Word count by brejc8 · · Score: 4, Interesting

    Article length: 184 words
    Sales pitch: 169 words
    Im taking everything below "For more information on the SCO Intellectual Property License for Linux, contact SCO..." as sales pitch

  12. So what happens when we win? by ChiefArcher · · Score: 3, Interesting

    What happens when we win?
    Does that fortune 500 company look like a complete fool? Do they get their money back?
    Do they sue for extortion?

    The company that did it is a fool. It's probably Microsoft... registering their 2 copies.

    ChiefArcher

    1. Re:So what happens when we win? by Zelatrix · · Score: 2, Insightful

      Does that fortune 500 company look like a complete fool?

      No, because they're anonymous.

      Oddly enough, this story hit at exactly three minutes past two, just as SCO stock was tanking heavily. No mention of the company's name ... or how many licenses they bought ... or how much they paid for them.

      Microsoft made plenty of noise about opening a Linux test laboratory. Obviously they need to acquire whatever licenses may be required to make those Linux installations legal. We're supposed to make the connection. It just gives them "plausible deniability" when the SCO ship finally goes down. Because when it does, MS won't want to be the last rat off, looking, as you say, like a complete fool. All those sneery articles in the trade press - no thanks.

      Come on. It's a scam and we all know it. And so does this enigmatic "Fortune 500" company. Think that they employ idiots?

      I must switch to a thicker grade of tinfoil.

  13. If SCO paid YOU...? by PeteyG · · Score: 2, Insightful

    What if SCO paid your company $2 for every $1 of license that you bought from them? Would you be wrong to do that?

    SCO buys publicity, your company gets money.

    Even though you know SCO is wrong... you couldn't feel bad about taking their money! They're going down in flames anyways, why not save some of their cash before it burns up?

    (i guess wildly on the nature of the business deal)

    --
    no thanks
  14. Must have been by ttyp0 · · Score: 2, Funny
    company #500

    Anti SCO T-Shirt $1 donated to OSI Fund on each shirt.

  15. And in other news by MerlynEmrys67 · · Score: 4, Funny
    Microsoft (MSFT) announces that they are fully compliant with the Licencing for their one Linux server on there network.

    News at 11

    --
    I have mod points and I am not afraid to use them
  16. one question by b17bmbr · · Score: 3, Funny

    did the deed to the brooklyn bridge come with the license as well?

    --
    My problem? I was perfectly gruntled, until some numbnuts came by and dissed me.
  17. It's nothing for Linux users, but for IT Managers. by Anonymous Coward · · Score: 2, Interesting

    Look at the place I work. A financial firm in downtown New York. A few months ago, we started to shift all the NT servers to Linux.

    However, in light of all this, the managers want us to switch to BSD/OS X.

    I have been an avid Linux user since '99, and while all this means nothing to me, big companies get worried at all this talk and all these lawsuits. Understandably so. They don't care about the politics. From their view, Linux has some illegal code which SCO is claiming is theirs. The IT Managers don't want to get fired or blamed, if the worst case comes to be that we indeed do have to pay license fees, when all this is resolved.

    Such a shame....

  18. Could it be... by Negative+Response · · Score: 2, Interesting

    Microsoft? They opened a linux test lab recently, right? They have the money to pay the fee, they are in the fortune 500, and they are willing to pay the fee even though they don't have to. Not to mention SCO did not say which company it is.

  19. SCO: Preparing Invoices by bstadil · · Score: 2, Informative
    Apparently we can all expect an Invoice from SCO. Hopefully it's considered racketering in most states, (Countries?)

    Good news is SCOX closed down 14% today.

    --
    Help fight continental drift.
    1. Re:SCO: Preparing Invoices by incabulos · · Score: 2, Interesting

      Its the oddest thing.. if any individual put up a website that supposedly sells Windows or Adobe software licenses ( or licenses to any other software that they dont own the copyright to, just as SCO are doing with Linux ), and if that person sent threatening letters to not just companies, but Microsoft/Adobe employees, then said individual would be arrested fairly promptly.

      Now that SCO have trumpeted their fraud to the world at large in a very public and high profile way, I think this harms rather than helps their cause. Profiting from copyright infringement is a far more serious offense than merely distributing material free of charge or obligation. I think Darl is digging himself and SCO into one hell of a deep dark hole, how long can he maintain the charade of legitimacy? You can be damn sure that IBM have taken careful note of the half-baked drivel that he has been spewing recently, those statements will came back to haunt him with a vengence during the trial.

  20. GPL goes to court by k-hell · · Score: 5, Interesting

    I read this interesting article over at The Register by Andrew Orlowski about taking GPL to court. My favorite quote:

    The greatest strength of the GPL is that it's a social contract, one that makes the most powerful, who can buy the legal system, think twice before going to law. And that's pretty powerful.

    But with IBM's counter suit against SCO explicitly defending its rights in terms of the GPL, it looks like The One Thing we Didn't Want To Happen will happen. We'll have a random judge poking holes in the GPL, on some perfectly defensible grounds that bear little relevance to the social obligations these imply. As if he's supposed to know the difference.

  21. SCOX going down, let's hope the trend continues by Maimun · · Score: 2, Informative

    I posted this link under Linux Gaining Ground in India but it is worth repeating.

  22. Re:Why can't Linus charge SCO for using HIS IP? by venom600 · · Score: 2, Informative

    Because Linus and all of the other people who contributed to Linux released their code under the GPL. This is one of the main arguments with SCO....whether or not they actually released the code under GPL, which (if they DID) would prevent them from claiming IP rights on it.

  23. mythical suckers by feed_me_cereal · · Score: 5, Insightful

    Maybe they're suckers, or maybe they just don't exist.

    So an undisclosed company has bought thier license because SCO claims an undisclosed segment of the linux kernel source is their IP. This sounds like crap to me, for reasons I won't disclose.

    And did you read the article? Christ, it sounds liek an SCO commercial. I'm not sure how "The SCO Group helps millions of customers in more than 82 countries to grow their businesses everyday" when it seems all they do is tax them on free software.

    --
    "Question with boldness even the existence of a god." - Thomas Jefferson
    1. Re:mythical suckers by dJCL · · Score: 5, Funny

      SCO Exec's = Railians (HTF do you spell that name?)

      Think about all the paralells to the claim of cloning a human that was done... They never did show us the kid, and have disappeared off the face of the earth as far as the global conciousness is concerned...

      I suddenly have an idea for a parody site that I just don't have time to do, www.SCOlians.org! I now place this idea under a simple license, use of that domain or a similar domain is allowed by anyone as long as they actually use the site to mock SCO...

      --
      On Arrakis: early worm gets the bird. Magister mundi sum!
    2. Re:mythical suckers by cait56 · · Score: 2, Funny
      So an undisclosed company has bought thier license because SCO claims an undisclosed segment of the linux kernel source is their IP. This sounds like crap to me, for reasons I won't disclose.

      You forgot to mention that it was for an undisclosed price.

    3. Re:mythical suckers by IdleTime · · Score: 4, Funny

      I have over the past few days spoken to all of the Fortune 500 companies and 499 of them told me they would not, not now nor ever buy a license from SCO. Of course I can't reveal the name of the last company since SCO would sue me for telling that the last company only laughed at me when I asked them the question!

      --
      If you mod me down, I *will* introduce you to my sister!
    4. Re:mythical suckers by Chemicalscum · · Score: 2, Informative
      I don't think that they are suckers but I do think they exist.

      Microsoft just anounced that it had a Linux test lab. I am sure MS has just bought a license for every processor in that lab and more. Remember that the "license" it has already paid for is for its Unix Services not Linux.

      Just another way to funnel the FUD money. And to enable SCO not to have to outright lie in its press release. As if they wouldn't lie - they are just "economical with the truth"

  24. Well.. by Gherald · · Score: 2, Insightful

    When is SCO going to disclose something? Everything they've said so far is unsubstantiated, and now they won't even tell us which company bought licenses.

    I can understand them wanting to protect their own code with an NDA, but why won't they just tell us which lines of the kernel contain their code?

    They don't have to reveal anything that hasn't somehow already made public. We just need to know which parts to rewrite...

  25. Please Copy "Let's Put SCO Behind Bars by MichaelCrawford · · Score: 5, Interesting
    Please copy my article "Let's Put SCO Behind Bars" to your own website. I released it under a Creative Commons license. I designed the page to be very easy to copy, with only very simple, valid markup, and no external dependencies like images or stylesheets. It even looks good in lynx!

    Here's the introduction:

    While the lawsuits being defended by IBM and filed by Red Hat are likely to put an end to The SCO Group's menace to the Free Software community, I don't think simply putting the company out of business is likely to prevent us from being threatened this way again by other companies who are enemies to our community. I feel we need to send a stronger message.

    If we all work together, we can put the executives of the SCO Group in prison where they belong.

    If you live in the U.S., please write a letter to your state Attorney General. If you live elsewhere, please write your national or provincial law enforcement authorities. Please ask that the SCO Group be prosecuted for criminal fraud and extortion.

    Also from the article:

    Stockholders in any of the affected companies - either SCO or its competitors - may wish to avail themselves of the Security and Exchange Commission's Investor Complaint Form to ask that something be done about this. You may not even be aware that you have standing to complain: if you invest in any mutual funds that hold shares in SCO, IBM, Red Hat or any other company that offers Linux products or services, then you have a right to ask the SEC to investigate. Check with your mutual fund to fund out which securities are in its portfolio.
    This page provides the article in the UBB code that some message boards use, with plain text coming soon. I'm also starting to post examples of letters that others have sent to their Attorney's General.

    Thanks for your help.

    --
    Request your free CD of my piano music.
  26. Word for the wise... by stephenry · · Score: 5, Interesting

    Just so that everyone knows. This "news" became public around the same time as SCO's stock was in free-fall. In fact, the stock was trading 2 dollars lower than its opening price and falling. I found this rather a coincidence because since the news came out, the stock actually regained an entire dollar to its value.

    Oh, and by the way, one of the executives (ROBERT BENCH) unloaded 7,000 shares today just after the market opened. How strange.

    Keep an eye out on who of loads their shares tomorrow!

    1. Re:Word for the wise... by mrpuffypants · · Score: 4, Funny

      in other news....

      Ken Lay remarked, "amateur."

    2. Re:Word for the wise... by TheFrood · · Score: 2, Insightful

      Just so that everyone knows. This "news" became public around the same time as SCO's stock was in free-fall. In fact, the stock was trading 2 dollars lower than its opening price and falling. I found this rather a coincidence because since the news came out, the stock actually regained an entire dollar to its value.

      Yes, many people have commented on the timing of SCO's press releases, and how they always seem to happen at just the right moments to send the stock ticking back upward. It's pretty clear this is a pump-and-dump operation.

      So, the question is, how many more stock-boosting announcements does SCO have lined up? And how many more do they need to give the rest of their management team time to unload their otherwise-worthless stock?

      TheFrood

      --
      If you say "I'll probably get modded down for this..." then I will mod you down.
    3. Re:Word for the wise... by BiggerIsBetter · · Score: 2, Interesting

      The real question is, how long will it be tolerated by the market and by SEC?. This is bullshit and they should be shutdown for pulling this crap.

      --
      Forget thrust, drag, lift and weight. Airplanes fly because of money.
  27. Is it only undisclosed companies ... by Corporate+Drone · · Score: 2, Funny
    that license undisclosed IP?

    --
    mmm... yeah... You see, we're putting the cover sheets on all TPS reports now before they go out...
  28. The best bits from IBM... by 26199 · · Score: 4, Informative

    No idea what most of this means, but it sounds very impressive :-)

    First Defense

    The complaint fails to state a claim upon which relief can be granted.

    Second Defense

    SCO's claims are barred because IBM has not engaged in any unlawful or unfair business practices, and IBM's conduct was privileged,performed in the exercise of an absolute right, proper and/or justified.

    Third Defense

    SCO lacks standing to pursue its claims against IBM.

    Fourth Defense

    SCO's claims are barred, in whole or in part, by the applicable statutes of limitations.

    Fifth Defense

    SCO's claims are barred, in whole or in part, by the economic-loss doctrine or the dependent-duty doctrine.

    Sixth Defense

    SCO's claims are barred by the doctrines of laches and delay.

    Seventh Defense

    SCO's claims are barred by the doctrines of waiver, estoppel and unclean hands.

    Eighth Defense

    SCO's claims are, in whole or in part, pre-empted by federal law.

    Ninth Defense

    SCO's claims are improperly venued in this district.

    Tenth Defense

    SCO has failed, in whole or in part, to mitigate its alleged damages.

    Take that, SCO! ;-)

    1. Re:The best bits from IBM... by NecroPuppy · · Score: 5, Interesting

      Pretty simple, but if I mess something up too badly, someone who is a lawyer can correct me.

      1) None of what they (SCO) said we (IBM) did is against the law.

      2) No really, none of it was against the law, and here are the contracts we had that prove we didn't do anything wrong.

      3) Piss off, you don't have any real reason to file this suit. (No, really, that's what a lack of standing defense means.)

      4) Even if we (IBM) did do something wrong (which we didn't), then SCO didn't file in time to actually do anything about it.

      5) Even if we (IBM) did do something wrong (which we didn't), then SCO didn't lose any money from it (mostly because their business sucked before any of this started).

      6) When they 'found' what they say we (IBM) did (and, no we _really_ didn't do it) they waited too long after they found out about it to tell us there was an issue. [Not the same as #4.]

      7) We (IBM) bought the stuff from the Original SCO (now Tarrentula), and the new SCO (dirtbags) can't sue us for stuff we legally liscenced from them.

      8) Talk to the Feds. We (IBM) still didn't do anything wrong, and even if we did, Federal law says it wasn't wrong, it was legit.

      9) They (SCO) are playing the ball in the wrong court. Come play in our backyard, and this arguement goes away.

      10) Even when they (SCO) found what they say we (IBM) did wrong, they didn't try to stop it first, they just went straight to the lawyers.

      --
      I like you, Stuart. You're not like everyone else, here, at Slashdot.
    2. Re:The best bits from IBM... by anesq. · · Score: 5, Informative
      Excellent interpretation, except for the last one.

      "10) Even when they (SCO) found what they say we (IBM) did wrong, they didn't try to stop it first, they just went straight to the lawyers."

      Should be more like:

      10) Even if we did something wrong (which we didn't) SCO isn't allowing anyone to remove its supposed code, so any damages they suffer they have brought upon themselves.

  29. Actually, I am thinking of buying one. by WindBourne · · Score: 4, Insightful

    I am thinking that I will buy one if they guarentee that it is required. I would like some legal letter from their CEO (and Ray Noorda) that will guarentee that this is necessary and that this is not a fraud to simply sell stock.
    I am thinking of 3 little words
    corporate veil piercing.

    I wonder if I start calling on their 800 number How high I can go with this.

    --
    I prefer the "u" in honour as it seems to be missing these days.
    1. Re:Actually, I am thinking of buying one. by Kjella · · Score: 2, Insightful

      I am thinking that I will buy one if they guarentee that it is required. I would like some legal letter from their CEO (and Ray Noorda) that will guarentee that this is necessary and that this is not a fraud to simply sell stock.

      I'm sure they'll be happy to provide it. Because when SCO is bankrupt, and the SCO execs are convicted of fraud, your little paper won't matter at all. They'd be doing that as official reps of SCO, so you'd have nothing to claim. And if they don't get convicted, well free money for SCO.

      Kjella

      --
      Live today, because you never know what tomorrow brings
    2. Re:Actually, I am thinking of buying one. by realdpk · · Score: 2, Insightful

      "I'll buy it. Where do I send the check? OK, and when can I expect the CD with the source in question? Oh, okay - well, can you tell me where exactly on my machine the source is? No? What am I paying for?"

  30. I found the company that bought the licenses. by LilMikey · · Score: 2, Funny

    It's SCO!

    --
    LilMikey.com... I'll stop doing it when you sto
    1. Re:I found the company that bought the licenses. by Newsome · · Score: 2, Funny

      No. It was IBM! They have begun to see the light!

      --
      http://www.tuxrocks.com/
  31. Why is the news media not checking out by DRWHOISME · · Score: 2, Interesting

    the insider trading allegations with sco execs?

  32. Copy of newsforge text by dacarr · · Score: 3, Informative

    Roblimo's text follows from newsforge.

    Yes, they found someone gullible enough to bite. At least that's what they're claiming in a press release that's being spread all over the place, including on money.cnn.com. Naturally, SCO can't tell you who it is because of "confidentiality provisions," but the truth will certainly come out sooner or later.

    Of course, if this anonymous Fortune 500 company later finds that SCO had no legitimate right to sell Linux licenses in the first place, they are going to be a bit upset, and since one characteristic shared by all Fortune 500 companies is the availability of nearly infinite numbers of inhouse lawyers and outside law firm attorneys, SCO is going to be in a world of hurt if it turns out, as IBM claims, that SCO released all the disputed Linux code under GPL.

    Not that we care, since we don't own any SCO stock, and we don't use any SCO (proprietary) software products that are likely to become unsupported orphans if SCO gets trampled by the combined legal might of the growing number of companies their license blackmail scheme has offended.

    Linux is worth big money!

    We should look at this latest episode in the SCO soap opera as heartening news. Somewhere out there, one of the world's largest corporations has decided Linux is worth paying plenty of money to use, even if that money is going to the least-deserving party possible. This certainly gives the lie to any statement about how Linux has only gained corporate acceptance because it's free.

    SCO's antics may cause a few potential (corporate) Linux converts to hold off deployment for a bit, but in the long run this may be the most positive PR boost Linux has ever gotten.

    --
    This sig no verb.
  33. Call Now! by blunte · · Score: 4, Informative
    Chuckle...
    For more information on the SCO Intellectual Property License for Linux, contact SCO by calling (800) 726-8649

    I wonder what a million phone calls and requests for written information would do for SCO? :) Perhaps all Linux users should at least request written (paper) documentation on all information from SCO.

    --
    .sigs are for post^Hers.
  34. Patently illegal, isn't it? by tekrat · · Score: 5, Insightful

    I am not a lawyer, but -- not that someone *has* indeed paid their extortion money, SCO is now officially guilty of fraud, no?

    I mean, can't every single developer of Linux who has contributed code now sue SCO for a portion of that "extortion money" / and/or sue them for illegally charging for something that is supposed to be free?

    In other words, now that there has been an exchange of money, isn't the "john" as guilty now as the "prostitute"?

    Sale of stolen goods and all that nonsense? I mean, lets say for a minute that it is Microsoft that just paid to license linux.

    By the legal system as I understand it, the recipient of the stolen goods is also liable. If you buy an illegal DVD on the street in Chinatown, can't you also be busted by the cops just as much as the seller?

    So, this could be a double edged sword, even for those that want to appease their PHB's by forking over the money for the license, no?

    --
    If telephones are outlawed, then only outlaws will have telephones.
  35. The Breakast SCO by Mikey-San · · Score: 2, Funny

    SLASHDOT (to SCO)
    When have you ever sold a license?

    SCO
    I've sold, lotsa times!

    SLASHDOT
    Name one!

    SCO
    The company lives in Canada, met it at
    Niagara Falls. You wouldn't know
    it.

    --
    Mikey-San
    Karma: +Eleventy billion (mostly affected by watching Celebrity Jeopardy)
  36. be fair to sco! by kevin+lyda · · Score: 4, Funny

    people should be fair to sco.

    this page gives a phone number to call to discuss the linux license. people should ring up 1-800 726-8649 and hear sco out. and *please* remember to write down the details on all linux systems you have. it would be terribly annoying if you forgot a detail like the version of linux or the details for another machine and had to call back.

    --
    US Citizen living abroad? Register to vote!
  37. Sorry, but if that's the case it needs this trial by Kjella · · Score: 4, Interesting

    But with IBM's counter suit against SCO explicitly defending its rights in terms of the GPL, it looks like The One Thing we Didn't Want To Happen will happen. We'll have a random judge poking holes in the GPL, on some perfectly defensible grounds that bear little relevance to the social obligations these imply.

    If that's the case, maybe the social contract needs work. You certainly see the same in the legal system, people find new loopholes, legislators try to close them. Do you really expect every company under the sun to have a social integrity and uphold those social obligations on their own accord? They won't. And when they break them, the GPL had better have the necessary legal force to rein them in, because that is just about the only real countermeasure available. Any holes they manage to poke will only serve to be the foundation for a GPL 3.0

    Kjella

    --
    Live today, because you never know what tomorrow brings
  38. Prayer? by spoonist · · Score: 5, Funny

    So I was skimming along when all of a sudden, they got all preachy on me:

    PRAYER FOR RELIEF
    WHEREFORE, counterclaim-plaintiff IBM prays that this Court enter judgment on-the counterclaims in favor of IBM and against SCO:

    Huh?? Pray for relief?? Well, okay. Here it goes:

    IBM is my shepherd; I shall not want.

    IBM maketh me to lie down in green tinted monitors: IBM leadeth me beside the still line printers.

    IBM restoreth my deleted files: IBM leadeth me in the paths of righteousness for the heck of it.

    Yea, though I walk through the valley of the shadow of SCO, I will fear no eavil: for IBM art with me; their rod and their staff and their lawyers, they comfort me.

    Thou preparest a legal brief before me in the presence of mine enemies: though anointest my code with gdb; my buffer does not runneth over.

    Surely goodess and mercy shall follow me all the days I code: and I will dwell in the house of Stallman forever.

  39. Isn't this distribution under the GPL? by notyou2 · · Score: 5, Interesting

    Okay, so SCO just licensed a product containing (according to them) their proprietary source code combined with GPL'd source code. By the very act of bundling the two, doesn't this now give the licensee the right to modify and/or redistribute said work?

    In other words... SCO can claim (*cough*BULLSHIT*cough*) that they had no idea their IP was in linux when they distributed it previously, but now that they have SPECIFICALLY given someone rights to their particular IP, in a product bundled with GPL'd code, aren't they now EXPLICITLY releasing their IP as GPL?

    1. Re:Isn't this distribution under the GPL? by notyou2 · · Score: 5, Interesting

      No, they only sell the rights to use it in binary form.

      That's precisely what the GPL prohibits. I cannot take proprietary code, link it with GPL code, and sell the resulting binary unless I put the entire thing under the GPL.

      By their own admission, SCO is apparently now distributing a "properly licensed" version of linux containing their IP alongside the GPL'd "portions" of linux (according to them).

      If you distribute anything that's linked with GPL stuff, you MUST provide source and allow modification/redistribution... that's the single-sentence summary of the entire GPL.

  40. Undisclosed Company Buys Undisclosed IP Licence Fo by Myriad · · Score: 3, Funny
    Ok, let me get this straight...

    An undisclosed company buys a lincence to undisclosed IP for an undisclosed sum of money...

    Hey guys, I have an undisclosed bridge in an undisclosed city I'd be happy to sell you! You know, you want to make sure you secure your water-crossing rights!


    Blockwars: a realtime multiplayer game. Go play!

    --
    "They do not preach that their god will rouse them, a little before the Nuts work loose." Kipling, 'The Sons of Martha'
  41. Let's count the facts... by NTmatter · · Score: 5, Insightful

    So, an undisclosed company has purchased an undisclosed amount of licenses for an undisclosed amount of undisclosed code for an undisclosed sum of money...and we call this news?

  42. oversight on press release by siskbc · · Score: 5, Funny
    ...an undisclosed Fortune 500 company...

    We're sorry. We meant to say a Fortune *500,000,000* company. It was actually a lemonade stand, and they were using old RedHat disks as coasters. We traded them a license for 2 cups of lemonade.

    --Darl

    --

    -Looking for a job as a materials chemist or multivariat

  43. Raelians by Anonymous Coward · · Score: 5, Funny
    Railians (HTF do you spell that name?)

    Gosh, if only the Internet provided some way of looking things up....

    1. Re:Raelians by Anonymous Coward · · Score: 3, Funny

      It does! Say something wrong on Slashdot and wait to be corrected!

  44. Mirror the UNIX Source Code by armypuke · · Score: 5, Interesting
    As mentioned on GROKLAW, SCO seems to have forgotten that Caldera released the old UNIX source code under a BSD-style license. The source code that was released is still available. When SCO finds out that their "intellectual property" is freely available on the internet, I don't think they are going to be too happy. We all need to start making copies of the old UNIX source code before SCO tries to do something about it.

    --
    Army of One!
    1. Re:Mirror the UNIX Source Code by Licensed2Hack · · Score: 2, Informative

      From the .pdf you linked to:

      The source code for which Caldera International, Inc. grants rights are limited to the following Unix Operating Systems that operate on the 16-Bit PDP-11 CPU and early versions of the 32-Bit Unix Operating System, with specific exclusion of Unix System III and Unix System V and successor operating systems: ...

      This is the very old codebase, just when 32-bit CPUs started showing up. And they specifically exclude Sys III and Sys V, which are the modern incantations of Unix.

  45. Favorite quote... by fv · · Score: 4, Funny

    My favorite quote from the article is that after selling just one license, Sontag of SCOsource states that "we are very pleased with the licensing interest to date". Apparently, they didn't expect anyone to fall for it.

    However I do understand why the buyer wants to be anonymous. I would rather be caught buying penis enlargement pills from spammers than SCO licenses. Both prove that you are sucker, but at least with the pills you aren't the only one.

    -Fyodor
    Concerned about your network security? Try the free Nmap Security Scanner

  46. In related SCO news... by nakedbonzai · · Score: 2, Funny

    The SCO group has decided to shoot 1% of all U.S. babies.

  47. I know who bought it.. by linuxislandsucks · · Score: 5, Interesting

    I know who bought the license..

    Straight from yahoo.com

    http://biz.yahoo.com/t/47/4393.html

    Oemga Protein Corp..

    Wilson, M Senior Vice President of SCO Group is also
    Vice President of Omega Protein Corp..

    --
    Don't Tread on OpenSource
  48. math by theMightyE · · Score: 3, Funny
    "SCO announced today that an undisclosed Fortune 500 company purchased Linux licenses for each of their servers..."

    So... SCO has been making noise about this for weeks and as of today one single Fortune 500 company has bought a license? And SCO thinks this is positive news that a whopping 0.2% of the major industrial powers of the world drank their Kool Aid? Funny, when I saw this it immediately leaped to mind that despite the threats of legal action, making major parts of IT departments effectively illegal, etc., 499 of 500 (i.e. 99.8%) bigtime companies decided that SCO was full of crap. Yeah, that's something I would tout to the media...

  49. catch me if you can by kardar · · Score: 3, Insightful

    Here is what I don't understand. How can SCO prove that a company is running Linux? I doubt that evidence from netcraft.com is going to hold very much weight in court.

    If you run Microsoft software, they may audit your organization to see if you are in full compliance. If you run Solaris, and only Solaris, Microsoft has no business auditing your systems. They will get a nice boot from the security guard and get charged with trespassing if they even try to get in the front door.

    Without an audit - an audit of the source code that was used to compile the kernel - SCO has no case against any of these Fortune 500 companies. All any company has to do is create their own "custom" kernel, compile it, declare there is no IP violations in their own custom kernel, and they are off the hook. The best part is that the Fortune 500 company doesn't have to prove anything. It would become SCO's responsibility to prove that the kernel that is being used to run Linux within that Fortune 500 company was compiled with source code that infringes their IP.

    If a company's legal department makes sure there is no offending code in their own custom kernel that they compiled for themselves, I really don't see how SCO, or anyone, can prove in court that their IP is being violated without some sort of criminal trespass.

    So if you sign that SCO license, then they can audit you for the rest of forever - DON'T sign anything with SCO. They can't "bust" you anyway.

    It would take an insider, an employee "turning in" their employer to get the evidence, if that would even work, because that person would have to have access to the source code that those custom kernels were compiled from. So with a security measure that locks up that kernel source, and prevents employees from getting at that source unless they actually are compiling a kernel, combined with a 24 hour security guard and a strict policy that all hardware and software representatives must have appointments, and even perhaps have someone come to the door to meet them.

    SCO is not going to get anywhere without an audit, if you sign the contract with them they will audit you until kingdom come. If you don't sign with them, they can't really catch you anyway. With Kazaa, for instance, when someone is sharing copyrighted material against the wishes of the organization that protects that copyright, there is evidence that can be presented in court that this infringement took place. Nothing of the sort can happen in the SCO-Linux situation unless SCO can get their hands on the actual source code that was used to compile the kernel that is running.

    Sure, SCO lawyers can say 2.4 kernel or 2.5 kernel is this or that, but the nice thing about Linux is that an organization can have its IT staff go in there and change the source code - that's the nice thing about Linux - you can change the source - and then compile. Now the responsibility shifts to SCO's side to prove that your kernel violates their IP. Maybe a "stock" 2.4 kernel does violate, but it doesn't matter, the Fortune 500 company is under no obligation to prove anything to anyone. SCO has to prove that the Fortune 500 company violated the IP, and there is no way of doing that short of auditing every hard drive and hunting down every bit of source code that organization has in its possession, and how do they propose to do that? It's called trespassing -- they can't. Or unauthorized access to the Fortune 500 company's network, which could mean criminal consequences for any individual who wants to attempt that.

    Maybe the best way to look at this is that there is no way in hell that SCO can "bust" you for using Linux if you run a tight ship. If any employee can browse your source code that you use for your Linux deployment, you may be having some problems. If hardware and software vendors come and go freely, and your staff don't have a clue as to who these people are, what vendor they are from, and what they are doing, you will have problems anyway, sooner or later.

  50. Re:Sorry, but if that's the case it needs this tri by k-hell · · Score: 2, Insightful

    Well, I may live in a bubble where I value integrity maybe most, and where I believe many companies indeed have and display social and ethical obligations that goes beyond our current laws and regulations.

    But as Andrew wrote, this might just be one of the differences between Europe and USA. At least where I come from there's still room for civil disobedience, and I prefer that to the vast amount of American lawsuits that doesn't make sense (like spilling hot coffee on yourself). Now, I'm not saying the GPL lawsuit "doesn't make sense", I'm just concerned that the "harsh and cold" technicalities of a court ruling will overshadow GPL's "social obligations" in the future.

  51. In other news... by chiph · · Score: 5, Funny

    SCO announces a record profit for the year!

  52. Re:Why can't Linus charge SCO for using HIS IP? by Zelatrix · · Score: 2, Insightful

    I have read the GPL. Many times. I'm not saying I understand it all, especially in the context of the US legal system, but ealbers' question is perfectly legitimate:

    7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.


    Seems clear enough to me. Exactly why do SCO feel they are allowed to distribute a GPL-d work with these onerous licensing conditions, that do not permit royalty-free redistribution of the Program, slapped on top? They should be refraining entirely.

  53. Heh... by MoobY · · Score: 2, Funny

    ... that's like buying the enlargment pills you learned about in a spam mail. They'll quickly figure out that money went into /dev/null.

    But it's all maybe part of a bigger scheme. (Conspiracy theorists wanted here!)

    --
    --- Sigmentation Fault - Comments Dumped
  54. Re:It's not microsoft by molarmass192 · · Score: 2, Interesting

    Good point! Are any other of the pissant Canopy group companies in the Fortune 500? What better way to weasel out a press release than by having your sister company buy a worthless license from you.

    --

    Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws-Plato
  55. SCO Licensee by MuParadigm · · Score: 4, Funny


    Actually, I think it's probably the Canopy Group that bought it. Or maybe one of their companies.

    Are any of the Canopy Group companies in the Fortune 500?

    Darl: Ralph, will you buy one of our licenses?

    Ralph Yarro: Why? I don't run any your crappy operating systems.

    Darl: No, Ralph, the Linux IP license.

    Ralph: I don't run that either. We're all MS here.

    Darl: For the suit, Ralph. Remember: The Suit?
    I need to tell other companies that someone has bought a license.

    Ralph: Oh. Oh, yeah. Right. OK, put me down for one. How much is it?

    Darl: $699

    Ralph: Corporate Discount?

    Darl: OK. 50%.

    Ralph: Done. Now get out of here. One of my wives is on the phone.

  56. Is the company Microsoft? by vk2tds · · Score: 2, Interesting

    Question: Is the company Microsoft?
    Answer: Could be...
    Reason: Well, how many LINUX computers are being used to run MICROSOFT, or at least how many do they publically state that they are using to run the business.

    Lets face it, if they pay $6000 for a server license, and the publicity convinces 50 people to buy Windows Server 2003 licenses, they have a fantastic return on investment...

    Additional Question: Was it the full organisation, or one part of it?

    Comment: Well, most of these organisations are large, so just imagine if one division spent $50,000 on licenses and only for that division. Would this press release still be true... probably :-)

  57. Amazingly perfect timing also by walterbyrd · · Score: 2, Funny

    SCOX was tanking hard today. Down over 24%. Then out of blue this PR was issued, and sco partially recovered to close down about 14%.

    Still, miraculous timing.

  58. Re:I know who bought it.. by maxume · · Score: 4, Informative

    Right. Check out the revenues for Omega Protein Corp. 25.1 Million probably isn't going to get them into the Fortune 500.

    --
    Nerd rage is the funniest rage.
  59. Re:are they? by MuParadigm · · Score: 4, Interesting


    I agree with the spirit of what you are saying.

    Unfortunately, the GPL doesn't hold anyway in the case of non-distribution. Therefore, the purchasers of the license are not under any legal liability from the GPL. Sure it's an abrogation of the spirit of the GPL, but not the lettter.

    Of course, why anyone would *pay* to limit their rights to use the software, I have no idea. I know there are people who pay to have things reamed up their asses once in a while, but they seem to enjoy it. But I don't see how a corporation could find this licensing extortion fun at all.

    Oh well, maybe I'm just naive. I mean, you should have seen the expression on my face the first time I heard about a Prince Albert.

  60. An odd thought... by masque12 · · Score: 2, Interesting

    Here's a thought I've had. What if this whole thing was actually engineered by IBM? They get SCO to sue them (IBM), spreading all kinds of anti-Linux noise in the process. The benefit to the SCO people is all the money they've been making on their stock since the lawsuit was filed. Microsoft, taking any opportunity to discredit Linux it can jumps on board by purchasing "licenses" to SCO's UNIX property. IBM then countersues SCO, bitchslapping them with patent violations. Microsoft eventually is revealed as the only company stupid enough to buy SCO's license (announced today). IBM eventually wins its countersuit, legitimizing both Linux and the GPL. Microsoft's support of SCO makes them look foolish, causing them to lose credibility. Linux starts getting bigger and bigger marketshare, driving Microsoft out of business, and IBM gets vengeance on M$ for stealing IBM's business back in the day! What, it's better than the other conspiracy theories going around...

  61. How to shoot yourself in 500 other feet... by Simon+Brooke · · Score: 4, Interesting
    So this unnamed Fortune 500 company now has a license from SCO to use Linux. However, that doesn't mean they can legally use Linux; on the contrary, it means they can't legally use Linux, at least not on any machine on which it is not already loaded.

    Why not?

    SCO are clearly in breach of the GPL since they have imposed ...further restrictions on the recipients' exercise of the rights... contrary to paragraph 6; and clearly they may not distribute Linux (or anything linked to any part of Linux) at all. But in accepting SCO's claim to have the right to charge these fees, in paying these fees, the unnamed company is effectively in breach of paragraph 6, and may not redistribute to itself...

    In other words, the poor schmucks have got themselves in some very tortuous legal soup, and they end up losing out no matter who wins.

    --
    I'm old enough to remember when discussions on Slashdot were well informed.
  62. License program "suspended until further notice" by MichaelCrawford · · Score: 5, Interesting
    I called just now. They said at first that they wanted my name and number so someone could call me back, and I gave it to them. Then they asked if I already had a license that I wanted to renew, so I said no.

    I explained that I had several linux systems, and that I understood there were some intellectual property issues, so I wanted to be sure to be covered.

    The helpful and polite lady on the phone told me that the license program had been "suspended until further notice". She said she was pretty sure it had to do with the lawsuit.

    May you should call too (800 726 8649) just to be sure.

    --
    Request your free CD of my piano music.
  63. Fortune 499, err... would you believe Fortune 498? by xixax · · Score: 2, Funny

    We had Enron lined up too, because they had the sort of ethics and businness acumen we can really relate to.

    --Darl

    --
    "Everything is adjustable, provided you have the right tools"
  64. Specific GPL violation counterclaim by p_trekkie · · Score: 2, Insightful

    Way down in IBM's official response, it dedicates a complete counter claim (#6) to "Breach of GNU General Public License"


    76. SCO has taken source code made available by IBM under the GPL, included that code in SCO's Linux products, and distributed significant portions of those products under the GPL. By so doing, SCO accepted the terms of the GPL (pursuant to GPL 5), both with respect to source code made available by IBM under the GPL and with respect to SCO's own Linux distributions.


    78. SCO has breached the GPL by, among other things, (1) claiming ownership rights over Linux code, including IBM contributions; (2) seeking to collect and collecting license fees with respect to Linux code, including IBM contributions; (3) copying, modifying, sublicensing or distributing Linux, including IBM contributions, on terms other than those set out in the GPL and after its rights under the GPL terminated; and (4) seeking to impose additional restrictions on the recipients of Linux code, including IBM contributions, distributed by SCO.


    If this goes all the way through court, there is no way to avoid a judicial test of the GPL.

    So many violations to catch SCO on... you'd think IBM read slashdot....

  65. MS has to walk a line. by dmaxwell · · Score: 2, Interesting

    On one hand, MS wants this to continue damaging Linux as long as possible. On the other hand their lawyers are no dummies. I'm sure some IBM execs are still hacked off about OS/2 and would like some payback. IBM's countersuit is as devastating as it gets. I doubt MS want to be anywhere near SCO when their chickens come home to roost. This could be a way for MS to feed them more money under the table to keep the lawsuit/fud machine going. Basically, MS will keep feeding them money as long as McBride and Sontag can at least keep quiet about at least one thing.

  66. SCO Stock Price by (eternal_software) · · Score: 2, Informative

    All of this is doing wonders for SCO's stock price.

    Quite unfortunate that my broker didn't have any shares available for me to short.

  67. Interestiiing. by eddy · · Score: 4, Interesting

    Soon we'll have McBride swearing there never were any kind of linux license(s) sold... That PR was just... an accident. Yes. Some secretary released it by mistake. Oh, yes.

    Oh well, it's interesting to follow, I'll give you that. I've learned a lot about the stockmarket the last few days.

    --
    Belief is the currency of delusion.
  68. Open violation of the GPL by Usagi_yo · · Score: 3, Insightful

    I dont' know why SCO is bragging about violating the GPL license, they've just lost their license to redistribute Linux.

  69. It is not Microsoft or Sun according to SCO. by eddy · · Score: 2, Informative

    The deal is not with Microsoft Corp. or Sun Microsystems Inc., two prominent companies that have already signed other licensing agreements with SCO to cover their commercial products, Stowell said.

    --
    Belief is the currency of delusion.
  70. Stupid Question... by Anonymous Coward · · Score: 3, Interesting

    Well, it may be a stupid question, but ... Isn't Microsoft a fortune 500 company? And wouldn't that also explain immediately why it is an undisclosed company that paid SCO?

  71. Fortune 500 idiots by ReelOddeeo · · Score: 2, Informative

    Only an idiot buys "blue sky". Something they can't see, feel or touch; is intangible, and very likely does not even exist, or at least has not been prooven to exist.

    --

    Those who would give up liberty in exchange for security and DRM should switch to Microsoft Palladium!
  72. IP!? Feh! by Lord+Custos · · Score: 4, Funny
    I hate that acronym. For Two Rreasons:
    1) It can be used to mean too many things: Patents, Trade Secrets, Copyrights, Trademarks, mp3s, the transmissions from planet grrr that make it through you tinfoil hat...all of gets classified as "Intellectual Property"
    2) the acronym is already taken. IP means "Internet Protocol". Always has. Always will.

    From here on out, I decree it to be open season on any pointy-haired, legalese-spouting phucknugget who says "IP" and means "Intellectual Property".
    You have the Lord's official permission to beat the living snot out anyone who says "IP" and doesn't predece it with "TCP".
    • LET THE WAR BEGIN HERE!
  73. A note from Darl McBride by Lord+Custos · · Score: 3, Funny

    Okay, Okay...we admit it...it was a savings and loan company called First Intercontintental Elbonian (ticker symbol FIE!); And sure, they're not reeaaallly a Fortune 500 Company, but their CEO once served a cheese Danish to Lee Iacoca, and we think that should count for something.
    And sure, they didn't know what they were signing when we handed them the license. I suspect they think we're going to deliver 6,990 forged passports or somesuch...I don't recall.
    But there is a funny side. Y'see, they're an MS shop. Running DOS 3.0, I think. But hey, their money is still green, and we happily accept it.

    Signed, Love and Kisses
    (To everybody but those smelly Linux Hippies)

    Darl McBride, CEO SCO YHBT HAND

  74. What about Dell? by qoquaq · · Score: 2, Interesting

    The fortune 500 company could be Dell. Why not help M$ and SCO spread the FUD. They don't want to see IBM eat into their server market anymore.

    --

    "They say travel broadens the mind, so I went over the falls in a barrel." -Thomas Dolby

  75. M$?? by gpinkham · · Score: 2, Informative

    I believe that M$ would qualify as a fortune 500 company.. They already licensed SCO Linux.. Why not buy SCO Linux licenses for the Linux Lab that they are setting up.. Makes sense to me....

  76. Yes, buy a license and breach the GPL contract. by mgpeter · · Score: 2, Interesting

    Yes, (well according to Bruce Perens) if you buy a license from SCO, you are in breach of the GPL.

    Here is an except from his Open Source "State of the Union Address (from newsforge)

    SCO has recently announced a so-called "license" for Linux. The absurdity of this should be obvious, but let's touch upon a legal aspect. Every party who enters into this license will be in violation of the GPL, and in infringement of the collective copyrights of the Linux and GNU system authors. As a customer, if you purchase the SCO license, you can be sued by every copyright holder who has contributed to the Linux kernel and other components of the system. You can be sued by IBM, by Red Hat, by me, by tens of thousands of people and companies. Of course, nobody's going to buy an license for software that SCO doesn't own anyway, so it's just hollow posturing.

  77. funnier still by Austerity+Empowers · · Score: 2, Insightful

    I bet all fortune 500 companies have at least ONE linux box somewhere, by someone. Only 1 of them has actualyl decided to pay for it.

    Look at how those numbers speak.

  78. Insider trade this morning? by Picass0 · · Score: 2, Informative

    CFO Robert K Bench sold 7000 shares this morning. Fortunately because of the big press release that SCO sold a license nobody noticed :)

  79. Re:But didnt they BSD their "IP"??? by stoborrobots · · Score: 2, Informative

    No, it's not... the licence is "limited to the following UNIX Operating Systems that operate on the 16-Bit PDP-11 CPU and early versions of the 32-Bit UNIX Operating System, with specific exclusion of UNIX System III and UNIX System V and successor operating systems"

    It is the "UNIX System V" that is in question...

  80. Sco takes feedback by sijucm · · Score: 2, Informative

    They are concerned about our feelings. Here is a link to give them some feedback http://www.sco.com/company/feedback/index.html

  81. IBM unviels it's powerful collection of patents... by Eunuchswear · · Score: 2, Interesting
    From the IBM countersuit:

    SEVENTH COUNTERCLAIM

    Patent Infringement

    ...
    81. IBM is the lawful owner, by assignment, of the entire right, title
    and interest in United States Patent No. 4,814,746 ("the '746 Patent"),
    duly and legally issued on March 21, 1989 to Miller et al., entitled
    "Data Compression Method".

    82. Upon information and belief, SCO has been and is infringing the
    '746 Patent within this judicial district and elsewhere by making,
    using, selling and/or offering to sell products, including UnixWare and
    Open Server, that practice one or more claims of the '746 Patent and
    therefore infringe that patent to the extent such infringing acts have
    occurred or occur during the effective period of that patent.
    But the "'746" patent is LZW, also patented by Unisys (patent 4,558,302).

    So IBM want to sue SCO for compress. Of course SCO have a license from Unisys. Of course the patent should never have been issued to Unisys, 'cos IBM patented the same thing first.

    This case is opening up some of the real horrors of the whole "IP" mess.

    --
    Watch this Heartland Institute video
  82. Why the secrecy ? by RichLooker · · Score: 2, Interesting

    If this company was Boeing or General Motors, don't you think SCO would be quite eager to tell ? And why would such a company wish not to go public about this ? I wouldn't be the least surprised if this company was Microsoft - think of it, they probably have a few Linux boxen (if they didn't have any before, they could easily deploy a couple of installations just for this trick), and they wouldn't mind at all paying a few bucks to try to give SCO's claims more credibility. Going public about it would of course nullify this.

    --
    "And you are dying so slowly, you believe to be living" - Bertrand Besigye
  83. Re:which Fortune 500? I want to short it by SuiteSisterMary · · Score: 2, Insightful

    Well, maybe they're waiting for the courts to find that SCO damn well knew they were talking out of their asses. Then, said Fortune 500 company sues the CRAP out of them for lying about ownership, extortion, blah blah blah.

    --
    Vintage computer games and RPG books available. Email me if you're interested.