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SCO Invoices For Unix Licenses Get Closer
beggs writes "BusinessWeek, InfoWorld and the EE Times Online all have stories about SCO's plans to send out license invoices to Linux vendors for 'Unix license fees for Linux.' The experts advice: Wait and see what happens with the court cases before you pay." RowLowy points to ZDnet's story, which says that "SCO will pursue commercial Linux users who have discussed their Linux work publicly ... However, it won't take action until it's done more research on those businesses." JayR writes to say that Michael Dell recently told a gathering of Dell investors that Dell Computer will offer no protection from SCO lawsuits to customers who buy Linux-based systems from Dell. Keep score: an anonymous reader points out that SCO executives are still selling off their stock. Total proceeds in August of over $600,000. Senior Vice President Reginald Broughton tops the list with over $300,000."
"and if my accountant is watching please STOP PAYMENT on this check"
lots of companies don't pay invoices unless they quote a purchase order number which matches the invoiced amount to within 5%
...make great toilet paper.
Although they may not flush well after use - better to send them back from whence they came, once you got your use out of it.
Please use a plastic-lined envelope - no need to punish the poor mail carrier for SCO's stupidity.
DG
Want to learn about race cars? Read my Book
Have a look at their total holdings, HUNSAKER, JEFF F. Vice President will be cashed out completely in 1-2 months at current rate. Even the larger holders at the current rate will be cashed out in a year.
James
before you flame me - hear me out. i was just talking to my workmate, and he exclaimed 'SCO is awesome'. i was a bit taken aback, but after he explained himself i agree.
:) ....
it goes a little something like this: SCO is awesome because they guys are just so UTTERLY ridiculous. as idiotic as their thinking is, you have to respect the confidence they have to send out invoices. it is sort of like those poor flys and insects who are attracted to the bright lights of a bug zapper - as many times as they've seen their comrades electrocuted, they still have the wherewithal to fly directly to their deaths. well SCO, you haven't got long to live, so you might as well go out with a bang.
feel free to send me that invoice, by the way, i'm out of toilet paper
smd4985
BTW, Darl, I'm looking for a new job. Considering that I have no legal experience whatsoever, can think of loads of silly lawsuits in under 5 minutes (see above), I think I'll fit in perfectly with your legal team.
This is the most interesting thing I've seen so far today: "Docket Text: Return of service executed re: Subpoena served on Canopy Group c/o Ralph Yanno on 8/26/03" -- here.
Could this be IBM going for the neck of the hydra? That would be... wonderful.
Belief is the currency of delusion.
Finance Manager: Got this invoice from SCO for some linux licenses, but it doesn't reference a Purchase Order number.
Me: We never ordered anything from them
Finance Manager: Do we use this Linux thing?
Me: Yes, but we bought it through Redhat, here is the approved purchase orders and copies of our payment vouchers
Finance Manager: So we have no business relationship with this company, nor received any goods or services from them?
Me: No
Finance Manager: Thanks, I'll forward it to the state attorney general's office for investigation.
The probable truth is that SCO is getting free press every day, and /. is certainly no exception there. Didn't it ever occur to folks here that press is all they're looking for?
SCO bigwigs don't expect their company to pull through this, and they don't really care. All they're doing is keeping their company in the news and giving current and potential investors the impression that they are an aggressive, profit-driven company.
Once they have deemed that investors have thrown enough money their way (and driven the stock price high enough), they will bail. This will end with SCO a flaming wreck, and its executives rich, and that's ALL they want.
"Ask not what your country can do for you." --John F. Kennedy
Actually since you never placed an order with SCO for Linux, it is perfectly legal to send them a nice letter in response thanking them for delivering to you a product that you happen to enjoy using, but since you did not order from them, are under no legal obligation to send them any money for.
-Rusty
You never know...
PHONY INVOICE SCAMS
The anatomy of a typical phony invoice scheme is as follows:
The Call:
While there is no set formula for these invoice schemes, most involve the use of an initial telephone contact. The call helps the swindler obtain the names of key business contacts, as well as some important details about the operation of the business and its products or services. The persons making these calls are, for the most part, remarkably smooth operators. Often brazen and forward in their approach, they have been known to talk their way through a chain of receptionists, secretaries, assistant managers, supervisors, and vice presidents to gain access to heads of companies. In most cases, however, they need gain access to only lower-level employees.
The Invoice:
The con artist's next contact with the intended victim usually comes in the form of a phony invoice sent through the mail. The invoice, which includes names, figures, and other details that add to the appearance of legitimacy, may be paid unwittingly along with a number of other routine bills. In many cases, the amount of the invoice is just small enough to slip by the check writer's attention. The swindler has had considerable experience calculating the most effective dollar amount, depending on variables such as the size of the firm, and the control it seems to have over its management system. Thousands of mass-mailed invoices, each for a small sum, may prove more luc-rative for the con artist, than several large invoices.
The Scare Tactic:
Scare tactics sometimes are used to increase the odds of success. A phony invoice, or past-due notice, stamped "Pay This Bill Now" or "We Are About to Start Action" may intimidate the victim into rushing to make out a check without carefully investigating the supposedly delinquent charge.
SOLICITATIONS AS INVOICES
One of the most common variations of the phony invoice scheme are solicitations disguised as invoices. These documents, which are actually solicitations for the purchase of goods or services, are carefully designed to look like legitimate invoices for goods or services ordered and received. In some cases, the small print may identify the bogus bill as a solicitation. The deceptive solicitation may be received through the mail, or it may be presented in person by a con artist who visits a business office on the pretext of saving the company handling charges.
The business that pays a solicitation disguised as an invoice may receive the merchandise or service it was duped into ordering; more often, it will not, and efforts to trace the fraudulent firm that issued the "invoice" will prove futile.
If they're sending via USMail, and you live in the US and receive one, send a copy to the USPS Postal Inspector. That's mail fraud, and the USPS takes a dim view of such things.
I suspect the FTC wouldn't particularly like it either... Your state's Attorney General might be interested in the extortion issue, too.
The only reason we have the rights we have is that people just like us died to gain those rights. -- Cheerio Boy
Here's the mail fraud complaint form.
Hint: Select "False Bill or Notice" when you fill this out.
... This is a point that I think is very important and I don't see it mentioned here too often. Copyright law provides certain protection to the author of copyrighted works. The copyrighted works cannot be used beyond the normal "fair use" provided for by copyright law without the "express writtten permission" of the author.
The GPL provides this "express written permission" by the author and outlines the terms and conditions under which the permissions are granted. If the terms are not agreed to then the permissions are not granted. Any other use is in violation of the GPL "contract" and also copyright law!
Let's assume that Linux in fact DOES contain SCO code. There are two options. Remember that Linux existed and SCO code would have been added. SCO has two choices: 1) release their additions under the provisions of the GPL and be in compliance. 2) actively move to identify and remove the IP from the Linux code base and prosecute whoever was responsible for breaching SCO's intelectual property.
They cannot leave their IP in Linux and not release it under the GPL let alone try to license it. That is a violation of the GPL as well as a violation of the original author's (Linus's) copyright on Linux itself.
Ascalante: Your bride is over 3,000 years old.
Kull: She told me she was 19!
Yes it is and if my company get's one the lawyers and financial department have already said that they will instantly persue legal action against SCO.
it is illegal to do what they are doing, and they know it.
it's time people start suing McBribe directly attack his pockets.
Do not look at laser with remaining good eye.
Looking through the history of 2:03cv00294/ SCO Grp v Intl Bus Mach Inc, I found the schedule for when things are going to happen.
10/1: Amending of Pleadings
10/22: Discovery Cutoff
11/10: Deadline for Filing motions
3/11/05: Attorney Conference
3/28/05: Final Pretrial Conference for 2:30
4/11/05: 5 Week Jury Trial
By the 22nd of next month, SCO will have to release to IBM the offending code as part of the discovery phase. The question is how fast it will be leaked.
And we get to watch this whole specatacle until May!
We are looking at a problem with government, not the corporations...
Exactly. And the problem with government is that it's been taken over by the corporations. "We the people" no longer run the government so corporations are getting out of control. Extremely bad behavior is being rewarded with extremely high profits (Microsoft) or increased stock prices (SCO).
- Hail to our fearless misleader! Fool speed ahead!
If you get one of these letters, I suggest you go to this link:
l Fr audComplaint.htm
https://www.usps.com/postalinspectors/fraud/Mai
Essentially, sending a fraudulant invoice through the US mails is a crime:
"Extortion (18 USC 873, 876 & 877)
Postal Inspectors investigate extortion and blackmail when demands for ransoms or rewards are sent through the U.S. Mail. Inspectors also strictly enforce laws prohibiting mail that contains threats of kidnapping, physical injury, or injury to the property or reputations of others
Mail Fraud (18 USC 1341, 1342 & 1345; 39 USC 3005 & 3007)
The Postal Inspection Service is committed to protecting postal customers from misuse of the mail. Inspectors place special emphasis on mail fraud scams related to advance fees, boiler rooms, health care, insurance, investments, deceptive mailings and other consumer frauds, especially when they target the elderly or other susceptible groups."
The guys who investigate it are U.S. Postal Inspectors, who have very draconian powers, and have very wide-ranging jurisdiction.
I've been swashdotted -- Elmer Fudd
There's a big loophole in the insider trading laws and the SCO execs are taking advantage of it. There is a safe harbor if you have a plan to sell shares at predetermined points in time over a long enough period. The SCO execs have such a plan filed back in January at the same time that the lawsuit grumblings began to be heard.
Look for another press release to boost the stock price next Monday, September 8, when some of the top execs will be selling again.
I have discovered a truly marvelous sig, unfortunately the sig limit is too small to contain i
SCO: The Linux kernel has millions of lines of infringing SCO code.
Torvalds: You're smoking crack.
SCO: Would you believe one million?
Torvalds: No.
SCO: Would you believe 80 lines?
Torvalds: Doubtful.
SCO: How about two variables with the same names?