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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.
SUCKERS. I really want to put some sort of useful comment in this post but that word just keeps repeating.
P.T. Barnum called. He wants his cliche back.
Mikey-San
Karma: +Eleventy billion (mostly affected by watching Celebrity Jeopardy)
sigh...
Newsfollow.com
The article is here...
-- search the web
We can't name the company because they don't exi-- er, because of legal reasons.
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
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
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
Mouse powered Chips, Open source Processors and Lego
News at 11
I have mod points and I am not afraid to use them
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.
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
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
-
http://www.goingware.com/notes/prosecute-sco.html
Here's the introduction: Also from the article: 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.
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!
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! ;-)
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.
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.
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.
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!
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
So I was skimming along when all of a sudden, they got all preachy on me:
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.
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?
DiscDividers tabbed plastic CD dividers: divider cards f
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?
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
Gosh, if only the Internet provided some way of looking things up....
Army of One!
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
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
SCO announces a record profit for the year!
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.
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.
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.
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.
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.
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.
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".