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SCO Derides GPL, Will Revoke SGI's UNIX License

ComaVN writes "Not a big surprise for those who have followed the recent SCO misery, but SCO is going after SGI. According to SGI, SCO intends to terminate their Unix System V license, much like they did with IBM earlier. I guess it's hard to stop once you've chosen a certain direction for your company." sheddd writes "Does this case have any merit? Joe Formage has written a good article on SCO's strange behavior." Read on below for SCO's odd tactic of attacking the GPL by belittling IBM's legal diligence in not avoiding GPL'd software, and word on why Linux users aren't being served SCO invoices.

larry2k writes "PR newswire has an open letter from SCO to IBM.

From the letter: 'SCO believes that the GPL -- created by the Free Software Foundation to supplant current U.S. copyright laws -- is a shaky foundation on which to build a legal case.'" The release is also carried by NewsForge. Among other things, SCO says "By so strongly defending the controversial GPL, IBM is also defending a questionable licensing scheme through which it can avoid providing software indemnification for its customers."

Doesn't supplant mean "replace"? That's not what the GPL does.

And if you're wondering why you have not received an invoice from SCO for any Linux-based OS you may be running, benploni writes "From Groklaw: In this Detroit News story Blake Stowell explains why no one has received an invoice: 'SCO in August said Linux users could avoid lawsuits by paying a one-time fee of $699. The fee will rise to $1,399 on Oct. 15. Since the response to its appeal was adequate, SCO didn't send bills to thousands of Linux users, company spokesman Blake Stowell said.' [emphasis added]. We all knew there was no way they'd risk actually sending out invoices, and here's the proof."

681 comments

  1. Stock? by geeveees · · Score: 5, Insightful

    How much did their stock go up by announcing

    this? Why is everyone so "blind" to this?

    --
    I am a viral sig. Please help me spread.
    1. Re: Stock? by Pommpie · · Score: 2, Funny

      Because (most) people are rabidly stupid.

    2. Re:Stock? by johndoesovich · · Score: 2, Insightful

      What I would be interested is seeing another round of them dumping stock. How is this not flagging anything with the SEC? It seems a bit strange to me. From what I could tell after the last "big" news, executives started dumping stock. Hmmmm, let's see how we can pin this on George Bush like we are the rest of the scandals that are hitting corporate america these days.

      --
      alias dir='rm -rf /'
    3. Re: Stock? by Anonymous Coward · · Score: 2, Insightful

      No, individuals are smart, people as a whole are stupid. (And yes, that includes here.)

    4. Re:Stock? by Shadwhawk · · Score: 5, Informative
    5. Re: Stock? by Pommpie · · Score: 1

      No, individuals are smart, people as a whole are stupid. (And yes, that includes here.)

      Okay, I can accept that.

    6. Re:Stock? by Anonymous Coward · · Score: 2, Informative

      That whole "dumping" stock think was bullshit. If you look at the transactions they are automatic transactions that occur when the stock hits a certain price. The SEC doesn't go after them because they follow the proper disclosure and they are standard transactions. Take a look at the stock of any large company and you will see the same transactions. The non-accountants of slashdot jump on this type of crap because they just don't understand.

    7. Re:Stock? by Anonymous Coward · · Score: 0

      I'd say a few SCO execs are likely to get a call from our friends at the SEC, and they ain't gonna be talking about whether or not Tennessee's going to a bowl game this year.
      The site is down for maintenance as they needed to do a search & replace operation on all their webpages, to replace the word "customer" with the word "defendent".

      SCO has committed the most vile of sin.

    8. Re:Stock? by Best+ID+Ever! · · Score: 2, Informative

      How is this not flagging anything with the SEC?

      Because it's not illegal for executives to sell stock. Even if their company is suing IBM.

      The SEC would only investigate if there was strong evidence that executives were cooking the books, or leaking inside info to outsiders. As long as they themselves are filing trading plans in advance of selling, they are fine.

      On the other hand, a shareholder lawsuit is entirely possible (especially if they lose the case).

      From what I could tell after the last "big" news, executives started dumping stock.

      If you were at SCO, and suddenly your stock/options were no longer under water, wouldn't you sell too?

    9. Re:Stock? by Hettch · · Score: 5, Interesting

      A friend of mine is a broker, and she has been trying to sell SCO short for several weeks, but all the investors have it tied up so that no one can sell the stocks short. Sad, actually. It'd be a good way to make some quick cash.

    10. Re:Stock? by Anonymous Coward · · Score: 0

      Yes it is illegal. It is widely known as insider trading. For them to take actions which will knowingly pump up the price and then sell their shares is classic pump and dump insider trading.

    11. Re:Stock? by Anonymous Coward · · Score: 0

      No, so long as they file their plans to sell ahead of time, it's not. You too could 'cash in', by watching those filings, buying stock, and selling it at the same time they do.

    12. Re:Stock? by The_K4 · · Score: 4, Insightful

      SCO has committed the most vile of sin.

      If you think a stock pump-n-dump to illegaly make money is "the most vile of sin"s then i think you need to watch the evening news a bit more......It's a crime and should be punished, but just today we have a story of a lady leaving a 2-year old in her apartment for days while she was in jail, never mentioned to the cops that a child was left home alone! That's VILE!

    13. Re:Stock? by red+floyd · · Score: 1

      "I predicted that.

      I was just off by a couple of days.

      --
      The only reason we have the rights we have is that people just like us died to gain those rights. -- Cheerio Boy
    14. Re:Stock? by infochuck · · Score: 3, Funny

      I for one look forward to serving our new SCO overlords, and toiling in their silicone mines!

    15. Re:Stock? by southpolesammy · · Score: 1

      At this point, it doesn't matter what the announcement is from SCO. Simply saying anything, regardless of how ridiculous it is, causes the stock to go up.

      SCO has Wall Street in perpetual flinch mode.

      --
      Rule #1 -- Politics always trumps technology.
    16. Re:Stock? by javatips · · Score: 1

      Funny thing is that if I come back tomorrow (or the day after or in a few hours), the link title will not match the information in the linked page ;-)

    17. Re:Stock? by Anonymous Coward · · Score: 0

      $1.27 9.18%

    18. Re:Stock? by Anonymous Coward · · Score: 0

      Maybe that's the idea. What if SCO's share holders realised that SCO is fighting a losing battle and thought what can we do to raise the price to make selling worth while?

    19. Re: Stock? by hesiod · · Score: 1

      > > individuals are smart, people as a whole are stupid
      > I can accept that.


      Why, because it makes no sense? I've heard people say things like that before, yet it seems to defy logic.

      It's akin to "an ant lacks any semblance of intelligence whatsoever, but a colony of ants? They are fucking brilliant! (watch them multiply 10x10 matrices with a flick of the wrist!)" Nope, doesn't compute.

    20. Re:Stock? by jon3k · · Score: 1

      Thats right, they don't understand. People usually ask questions when they don't understand something.

    21. Re:Stock? by Threni · · Score: 1

      "How much did their stock go up by announcing
      this? Why is everyone so "blind" to this?"

      Because most people who buys stock are pretty stupid, know nothing about the industries behind the companies and instead rely on advice from interested third parties. Hence the whole dot-com thing. A fucking monkey could have told you a company which didn't actually make anything wasn't going to be able to sustain high prices for too long.

    22. Re: Stock? by Pharmboy · · Score: 4, Interesting

      > > individuals are smart, people as a whole are stupid
      > I can accept that.

      Why, because it makes no sense? I've heard people say things like that before, yet it seems to defy logic.


      One lemming is perfectly normal. A whole group of them is not. If only one is stupid and jumps off a cliff, then the rest follow. Another example is crowd, and how they will panic as a group, like a concert, and end up killing others accidently.

      How often have you been in an audience of some sort, not paying attention, but everyone started clapping, so you did too? A minor, but common, example.

      My personal conclusion would be that an individual thinks as an individual, as long as he is alone, but when he is in a group, he will defer his own opinions and follow the majority of those around him, assuming the majority knows best. I would bet money that this is an instictual reaction for man and animal, akin to "follow the herd and stay together to stay safe".

      --
      Tequila: It's not just for breakfast anymore!
    23. Re:Stock? by ischorr · · Score: 1

      Yes, white collar crime and executive abuse don't quite compare to serial rapists, etc. However, what some of these guys are doing should be punished with a life sentence, instead in many cases it's perfectly legal.

      An example: I don't know if it's still true today, but a few years back Nike had 18,000 employees in overseas factories making less than $3 per week - well below the poverty line even in THOSE countries. Senior Nike management was aware that children between 12-14 were employed working more than 50 hours a week (illegal in those countries, as well).

      If Nike had spent an additional 1% of its advertising budget on its employees, it could have pushed 18,000 of its employees over the poverty line.

      And that's not a vile sin?

    24. Re: Stock? by Verteiron · · Score: 5, Insightful

      Ever watched a mob? Or even a simple protest? Okay. Bunch of people, acting like fools, right?

      Now go out and join a protest. Protest something, anything, and do it with a lot of people. You won't feel like a fool. You'll feel powerful, different, and you'll tend to do things you don't normally do. I guarantee it. Then come back and tell me that a collection of humans is the same as a bunch of individual thinkers. The whole is not the same as the sum of the parts.

      Individuals are smart. Groups of people are stupid. Every fireman, cop, EMT and politician in the world knows this. Nature defies logic. Science is counter-intuitive. And sometimes the truth is stupid.

      --
      End of lesson. You may press the button.
    25. Re:Stock? by cbiltcliffe · · Score: 1

      and toiling in their silicone mines!

      Silicone?! Are SCO claiming all fake boobs belong to them, now, too?!?! :P

      --
      "City hall" in German is "Rathaus" Kinda explains a few things......
    26. Re:Stock? by ischorr · · Score: 1

      It's questionable as to whether executives setting an "auto-sell" point "ahead of time" and then artificially inflating the price of their stock to hit this price point would be considered illegal under SEC regs. Many people, myself included, would consider this a form of "pump-and-dump" and hopefully illegal, however.

    27. Re:Stock? by Anonymous Coward · · Score: 0

      SCO is really starting to sound like a whining kid that is taking his ball and going home. Kids like that just deserve to get kicked in the nuts for being such stupid shitheads.

    28. Re: Stock? by black+mariah · · Score: 0, Offtopic

      Figures I just ran out of mod points. :(

      --
      'Standards' in computing only impress those who are impressed by things like 'standards'.
    29. Re: Stock? by MadBiologist · · Score: 1

      I believe that lemming thing is an urban myth. Some disney filmaker got a whole bunch of them to stampede over a fake cliff, and filmed it.

      --
      'Quantum materiae materietur marmota monax si marmota monax materiam possit materiari?'
    30. Re:Stock? by johndoesovich · · Score: 1

      What I meant to say is this..... If it turns out the execs at SCO knew their claim was fradulent and persisted to throw out false releases & lawsuits then dumped their stock because of the inflated stock price, yes, this would be a problem. I don't see how the SEC would not get involved at that point. Regardless of what my prior post states, this is basically what I meant to say. Believe me, it is nice to cash out stock options especially when you are locked in a closed period. I know first hand how bad it sucks to sit with vested stock and watch the price climb through the roof and not be able to do anything about it.

      --
      alias dir='rm -rf /'
    31. Re:Stock? by dasmegabyte · · Score: 1

      Selling short is a bad idea in a stock like SCO which is going up. When you sell short, you are essentially buying a slightly bad deal and selling it as a worse deal. In a way, it's like MLM...somewhere down the line, somebody gets the worst deal of all.

      SCO, however, has gone from under $5 in may to over $20 today. That's very strong performance. You'd be a fool to sell it short now, since it's guaranteed to go up more.

      That said, a lawsuit of this magnitudeis for sure something to bank on. If it pans out, SCO is almost guaranteed to throw good dividends. A few hundred bucks could be worth thousands if the GPL, which has no real legal ground yet, fails to impress the courts. I'd say the odds are about even on that one.

      --
      Hey freaks: now you're ju
    32. Re: Stock? by venicebeach · · Score: 2, Interesting

      Also, one brain cell doesn't act particularly intelligent on its own, but put 100 billion together and you have quite a bit of intelligence. This certainly doesn't defy logic. There's no reason to expect a group to have exactly the same properties as the individual parts that make it up.

    33. Re: Stock? by Anonymous Coward · · Score: 0

      Scandinavian lemmings are known to cross large bodies of water en masse during migration. They are pretty good swimmers, actually.

      Some of them get exhausted and die, some get eaten. I'm not sure how the idea got popularized that they were mass suiciders, though, because that meme was around even before the Disney "documentary".

    34. Re:Stock? by swagr · · Score: 1

      [i]Why is everyone so "blind" to this?[/i]

      Because it weaves together technology/computer science, open source, history (of operating systems), and IP law.

      There aren't many who can claim to experts in any of these fields, let alone all.

      Some Slashdot readers may have the tech side covered, but 3 guesses as to why IBM isn't recruiting us as lawyers...

      --

      -... --- .-. . -.. ..--..
    35. Re:Stock? by Abcd1234 · · Score: 4, Informative

      A few hundred bucks could be worth thousands if the GPL, which has no real legal ground yet, fails to impress the courts.

      SCO succeeding or failing has absolute nothing, zero, nada to do with the legal validity of the GPL. That's really just a red herring. In fact, an invalid GPL would make SCOs distribution of the Linux kernel illegal (as it would fall back to regular Berne convention rules) and open them up to a class-action copyright infringement suit by the various kernel developers.

      No, real the first question is, was SCOs copyrighted material placed in the kernel illegally? By all indications, probably not (since they've been hiding their evidence all along, which buys them nothing in the long run). The second question is, does SCOs Unix license also apply to IBMs work (JFS, various SMP-related technologies, etc). This is somewhat less cut-and-dried, although I'm leaning in IBMs favour for this one, simply because I can't imagine IBMs legal team signing a deal as onerous as that.

      Now, me, I consider the chances of SCO actually succeeding in litigation to be slim at best. They're up against a goliath with claims which, IMHO, are pretty weak. So shorting the stock could very well make sense... it really depends on what you consider SCOs chances of winning are.

    36. Re: Stock? by rossifer · · Score: 4, Interesting

      Because people and ants are not directly or even slightly comparable, psychologically speaking. Ants are mentally wired to act collectively for common purpose. In general, people are wired for self-interest and can act contrary to leaders, but...

      The observation that "a person is smart, people are dumb" is a useful simplification of the differences between individual psychology and group psychology. Quite simply, people act differently in groups than they do when they believe they are solitary. Usually, they cede some of their decision making to the group consensus. Not always, and only to a certain extent, but any number of experiments have been completed that substantiate that assertion.

      As a result of this evidence, media, marketing, and politics have all evolved to take advantage of group psychology. Further, people spending any time in those professions generally opine that people are rather stupid. But when you and I look around and talk to our friends and family, we generally observe that we are among fairly smart people. That dichotomy goes directly back to the statement you objected to.

      So forget about the ants. Analogies only stretch so far and the breadth of variety in nature is absolutely breathtaking. If there ever was an psychological opposite to the ant, we're probably it.

      Regards,
      Ross

    37. Re:Stock? by darkov · · Score: 1

      You'd be a fool to sell it short now, since it's guaranteed to go up more.

      When you have people telling you this sort of thing, it's a good indicator that you should go short! How you trade is dependent on the style you use, but, to use a common approach, just as buying a good stock for the long term when it's going down is a good idea, selling a bad stock for the long term when it's going up is a good idea. Even though you think it 'guaranteed' to keep on going up, know one knows when it will turn. But it is almost certain to return to 66 cents or less in the long term.

    38. Re:Stock? by swagr · · Score: 1

      There's definitely a reason they're not hiring me as a web designer.

      --

      -... --- .-. . -.. ..--..
    39. Re:Stock? by Anonymous Coward · · Score: 1, Funny

      That's very strong performance. You'd be a fool to sell it short now, since it's guaranteed to go up more.

      A stock on the way up will always go up more, huh? Thanks...that' just about clears up "stock market bubble" for me.

    40. Re:Stock? by Anonymous Coward · · Score: 0

      How can the GPL fail to impress the courts? I can see they might not agree with specifics, like the definition of linking being a derivative work, but they can't invalidate it, thus giving people the right to use the code. This is like saying that because your proposed offer of renting me a DVD wasn't completely valid that I can refuse it and thus own the rights to the movie on the DVD. Ridiculous.

      If you declare that the GPL is invalid you're obviously not agreeing to it and if you're not agreeing to it you don't get to distribute/duplicate the code/binaries.

      -- WNight

    41. Re:Stock? by technos · · Score: 1

      Silicone?! Are SCO claiming all fake boobs belong to them, now, too?!
      Naw.. Darl figures that the stock price is going to sag soon, so he's going to pump it full of silicone..

      Hey, it worked for his wife!

      --
      .sig: Now legally binding!
    42. Re:Stock? by Anonymous Coward · · Score: 0

      But they aren't asking questions. They are making statements and pronouncing verdicts on something they know nothing about. Slashdotters have never cared about truth.

    43. Re:Stock? by El · · Score: 0, Offtopic

      Uh, the 2-year old survived for 3 weeks by eating dry pasta, mustard and ketchup until her father demanded entry into the apartment. Yes, it was extremely upsetting to me too, as I have a 2-year old. And I do hope my 2-year is as well-equipped to survive.

      --

      "Freedom means freedom for everybody" -- Dick Cheney

    44. Re:Stock? by Anonymous Coward · · Score: 0

      Tell me Mr. Wall Street. How are they artificially inflating their stock? Do you even know what pump and dump is? Pump and Dump is when you buy stock at a really low price and then use your influence (typically as a broker) to encourage people to buy the stock and then when the price goes up you sell out. This is not at all what is happening here.

      I really wish slashdotters would stop commenting on shit they don't know. Then again I guess that would eliminate most posts.

    45. Re:Stock? by Chazmyrr · · Score: 1

      Since it's questionable whether it's illegal, it will likely be allowed to slide. Even if a prosecutor decided to make an example, and these guys actually get convicted, it won't matter. After paying fines and penalties and so forth, they will still have a fortune left, and if they actually spend any jail time it will be in a federal country club, not hard time.

      Look at Milkin. He defrauds investors of over a billion dollars, pays some fines, does a couple years, and has couple hundred million left over after he gets out. Where can I sign up for that job? Hell, even if it was hard time, I'd just pay Bubba and his friends a few hundred thousand a year to make sure that everyone left me alone.

    46. Re: Stock? by grahamlee · · Score: 1

      Go to school and revise Emergent Behaviour. Look at Conway's Game of Life. Look at any one of hundreds of other examples, including multicellular biological organisms and colonies.

    47. Re:Stock? by dasmegabyte · · Score: 1

      The GPL purports to perform two tasks: pass along rights of usage, manipulation and distribution, and yet place restrictions on commercial manipulation. This "enforced sharing" has never really been done, and I think it is subject to some of the other questions about common licensing practices in software licensing.

      Example: I buy a copy of some software. I don't like the software, so I want to sell it, but the license says I can't. A lot of people complain about this, saying "a license can't do that, I never agreed to this, so it has no teeth." The say if you buy something, I should be allowed to use it as I wish, and that's the soul of it.

      This has yet to be tested summarily. But if it is, if the shrink wrap or click through EULAs people complain about have no value, that's very bad for Linux and the GPL. Because it means that the GPL's "READ GPL.TXT PLEASE" technique of establishing compliance is also worthless. Which follows that you can sell it how you like. Which follows that the perceived legal enforcement of the community is severely shaken. Doesn't mean that Linux is going to disappear in a puff of logic...just that some developers may become a bit more selfish.

      --
      Hey freaks: now you're ju
    48. Re: Stock? by mcspiff · · Score: 1

      its like those things in NYC where hundreds of people would meet suddedenly and do stupid things, than leave. if it was just one person doing that, you`d look nuts. But in a group, its art or something

    49. Re:Stock? by Anonymous Coward · · Score: 0

      Yep... That's because the market responds
      to reality as opposed to most people here
      at Slashdot who live in a GPL fantasy world
      and like making pithy little sayings like
      "it's a pump-n-dump scheme", oh... that's
      soooo insightful. You, see their are people
      out there in the *real* world who know what
      they are talking about and are not blinded
      by GPL zealotry. What they see is a ever
      mounting collection of evidence which points
      to SCO being right and IBM being wrong (and
      about to be told so by a Federal judge).

    50. Re:Stock? by forlornhope · · Score: 1

      This argument is BS. The differnece between a click through EULA and the GPL is simple. At the top of every GPLed file there is a copyright notice and a general GPL statement telling you where you can find the terms under which you may edit and distribute the file. So in order to do either you must accept the GPL or deal with copyright(which has some very big and nasty teeth). IANAL, but to me this makes the GPL stronger than any EULA could ever dream of being. But I also reject the idea that EULA's that tell you you cant sell the software are not based on solid legal ground as well.

      --
      "We Don't Need No Truthless Heros!" - Project 86
    51. Re:Stock? by rifter · · Score: 1

      If you think a stock pump-n-dump to illegaly make money is "the most vile of sin"s then i think you need to watch the evening news a bit more......It's a crime and should be punished, but just today we have a story of a lady leaving a 2-year old in her apartment for days while she was in jail, never mentioned to the cops that a child was left home alone! That's VILE!

      That's the worst case of pump and dump ever! :P

    52. Re:Stock? by Anonymous Coward · · Score: 0

      It's not a pump and dump just because they've setup automatic sales at certain prices? Perhaps by a technicality, it is not. It's the same damn thing though as far as everyone else is concerned. Lie about your prospects and get rid of your stock while the price is higher.

      -- WNight

    53. Re:Stock? by redfenix · · Score: 0, Offtopic

      I'm not worried, my 2-year old tries to get into the kitchen cabinets all the time. =)

      --
      "It's a very tangled subsystem." --Windows kernel guru
    54. Re:Stock? by Abcd1234 · · Score: 3, Insightful

      Actually, comparing an EULA to the GPL is like comparing apples to elephants. An EULA is a usage license, which says that, if you use this software, which you already purchased, you must agree to these additional terms. The GPL is a distribution license. It says if you want to distribute this copyrighted work (or derivatives of it), you must abide by these terms and conditions. The former has never been tested in court. The latter is standard operating procedure for anyone who owns a copyright on something.

    55. Re:Stock? by dasmegabyte · · Score: 1

      Really? Buried in the source code? That's a good place for it, after all I ALWAYS read the source code before compiling or running a program. Whereas I NEVER remove the shrink wrap before running software...I just pull out the disks by osmosis.

      Sheesh, and MY argument is "BS." Saying the GPL is stronger than a normal license because it is referenced in the source code is like saying the best place for a "NO TRESPASSING" sign is somewhere in the basement of a building. Do you work for the planning office in Hitchhiker's Guide?

      IANAL, but beware of the leopard.

      --
      Hey freaks: now you're ju
    56. Re:Stock? by fishbowl · · Score: 0, Offtopic

      "we have a story of a lady leaving a 2-year old in her apartment for days while she was in jail, never mentioned to the cops that a child was left home alone!"

      I don't know where you're getting the "never mentioned" part, other than by inference from the reports.

      I hope for the sake of the authorities that they have a record of an interrogation where they asked her specifically if she had any children, etc. Because if she did try to mention this and the authorities ignored it, the consequences would be dire if there was any justice.

      Doesn't help a bit that this is a black woman in Florida, and surpise, the father is suddenly some kind of saintly hero?

      If you've been arrested, you know there's damned little opportunity to explain how your detention constitutes a life or death situation for anyone or anything outside the jail. More likely they'll say "you had your phone call, you should have used it to call someone to take care of your baby."

      She is doing the right thing by keeping her mouth shut now. If she gets a hearing, and waits until then to explain how she tried desperately to tell the police, jailers, other inmates, her court appointed lawyer, etc., how there was this child alone... and explains to the jury how these heartless (racist!) people ignored her... Get a white jury to decide against her and watch for coast-to-coast riots maybe.

      You're only getting one side of the story, the "father" together with the "State". You haven't heard a word from the mother (as it should be... she needs to keep her mouth SHUT, but she needs some publicity on her hearing.)

      --
      -fb Everything not expressly forbidden is now mandatory.
    57. Re: Stock? by tgibbs · · Score: 1
      I believe that lemming thing is an urban myth.
      I gather it's more like a lemming stampede than a mass suicide. The ones at the edge get shoved off by the guys behind--who can't see the edge because there are lemmings in front of them.
    58. Re:Stock? by Phroggy · · Score: 1
      --
      $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
      $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
    59. Re: Stock? by tgibbs · · Score: 1
      Why, because it makes no sense? I've heard people say things like that before, yet it seems to defy logic.
      Emotions tend to be contagious. People get a "contact high" from being in a crowd of excited people. And excited people often behave foolishly. In addition, people may do things that they would not do otherwise as part of a mob, because "everybody's doing it" and "it's going to happen anyway." The large number of people diffuses the responsibility. The adage is that "the intelligence of s mob may be calculated by taking the average intelligence of the participants...and dividing by their number."
    60. Re:Stock? by Smallpond · · Score: 1

      The GPL purports to perform two tasks: pass along rights of usage, manipulation and distribution, and yet place restrictions on commercial manipulation. This "enforced sharing" has never really been done, and I think it is subject to some of the other questions about common licensing practices in software licensing.

      Incorrect. The GPL is a copyright notice. It does not tell you anything about usage (as some EULA's attempt to do). It grants you a license to modify, copy and distribute the work, if you accept its terms. If you don't accept, you can still modify, just not copy and distribute. The GPL is far less problematic then the average EULA, and far more likely to stand court challenges (if backed by expensive-enough lawyers).

    61. Re:Stock? by An+Anonymous+Hero · · Score: 2, Interesting
      SCO succeeding or failing has absolute nothing, zero, nada to do with the legal validity of the GPL. That's really just a red herring. In fact, an invalid GPL would make SCOs distribution of the Linux kernel illegal (as it would fall back to regular Berne convention rules)
      What if a court ever found:
      • enforceable, the part of the GPL that says recipients can redistribute;
      • non-enforceable, (some of) the extra conditions imposed on the redistributor.
      Surely, "free redistribution, but only to males" would not hold. But then the question is how it would fail. If the copyright holder sues someone for redistributing to females, will the outcome be to remove the restriction, or (as you claim) to disallow redistribution entirely?
    62. Re:Stock? by Thing+1 · · Score: 1
      Well, I believe it still could be considered dumping based on the timing of their press releases.

      If they eliminate the variable of "when to sell" (by making them automatic transactions), then the only way to affect the stock price is by making wild announcements day(s) prior to the already-defined sale.

      Would this be something the SEC should be concerned about? It's still rigging, but with some sense of plausible deniability...

      --
      I feel fantastic, and I'm still alive.
    63. Re: Stock? by Thuktun · · Score: 1

      I gather it's more like a lemming stampede than a mass suicide. The ones at the edge get shoved off by the guys behind--who can't see the edge because there are lemmings in front of them.

      Have you witnessed this?

      As the parent post stated, this is an urban legend [site lists reference citations]

    64. Re:Stock? by Thuktun · · Score: 1

      Uh, the 2-year old survived for 3 weeks by eating dry pasta, mustard and ketchup until her father demanded entry into the apartment. Yes, it was extremely upsetting to me too, as I have a 2-year old. And I do hope my 2-year is as well-equipped to survive.

      I'm positive mine could do that. My middle child would, when he was about 2 years old, get up in the middle of the night to forage for food in the kitchen. He was surprisingly good at it and could get into most everything.

      The thought of a toddler spending three weeks completely alone makes me want to go home and hug my kids for a while. Anyone who has kids and actually loves them will agree that this definitely beats a pump-and-dump scam on the Bad Crime meter.

    65. Re:Stock? by DF5JT · · Score: 1

      "SCO, however, has gone from under $5 in may to over $20 today. That's very strong performance. You'd be a fool to sell it short now, since it's guaranteed to go up more."

      Do you realize that we are talking about a company that is constantly sizing down its actual work on products and instead focussing all their attention on a ridiculous lawsuit?

      This company doesn't *make* any money and it never will. There is hardly any income, except for some laughable license fees. Their support is miserable and their performance even worse. In 2 years they will not have a product that meets any criteria to modern IT.

      Utterly and totally ridiculous.

    66. Re: Stock? by Anonymous Coward · · Score: 0

      "Bunch of people, acting like fools, right?"

      my god, it's almost like, like, like slashdot!
      finally there's confirmation of this basic fact.

    67. Re: Stock? by tgibbs · · Score: 1
      Have you witnessed this? As the parent post stated, this is an urban legend [site lists reference citations]

      Not personally. Actually, my comments are based on the very references that you cite:

      These deaths are not deliberate "suicide" attempts, however, but accidental deaths resulting from the lemmings' venturing into unfamiliar territories and being crowded and pushed over dangerous ledges.
      --Urban Legend Reference Pages
    68. Re: Stock? by eatdave13 · · Score: 1

      Nature doesn't defy logic, your logic is wrong.

      --
      "Verbing weirds language." -- Calvin
    69. Re:Stock? by Courageous · · Score: 1

      What you are supposing, in essence is "what if the court made the GPL equivalent to releasing into the public domain"? This seems to me to be preposterously unlikely. The amount of case history ruling against incidental public domain entrance is quite lengthy.

      C//

    70. Re:Stock? by An+Anonymous+Hero · · Score: 1
      What you are supposing, in essence is "what if the court made the GPL equivalent to releasing into the public domain"?

      Not necessarily, maybe equivalent to something like BSD. (Copyright retained, redistribution is allowed but unconditionally.) What strikes me is that

      • SCO behaves as if they wanted to lose their case. (Everyone is grasping for an explanation, but I've not seen one that's convincing.)
      • Like the GPL, that case they seem to want to lose rests on an "all derived works belong to us" claim.
      If (when) they lose, might this not create a precedent against any such clause? Surely there are people who'd like to restore a situation where, if you allow modification/redistribution, then it has to be a la BSD...

      (Kind of like "first sale doctrine": once you're letting others redistribute, you can't dictate how, to whom, etc. I know this is different and the conclusion ought to be different. But the question is, will a court necessarily think that way?)

    71. Re:Stock? by Jboy_24 · · Score: 2, Insightful

      It is interesting that when SCUMX was at $10, everyone was clammering to short the stock. Some wise posts said "Be carefull, if it continues to go up, your broker might cancel your margin and force you to buy the stock at a higher value for your loss"... I wonder how many people got burned because sco went to $20.

      Sure the stock is garbage, and its probably being pumped, but that doesn't mean it will go up further before the crash.

      if you shorted the .com stocks at IPO, even though 90% are trading (if still trading) at prob 10% of their ipo price, you still would have lost because your broker wouldn't have let you owe them, when the stocks were skyrocketing.

    72. Re:Stock? by Gleef · · Score: 1

      If the unlikely "partial invalidation" described comes to pass, the remnants of the GPL would come out more like a BSD license than a Public Domain release. The author would still maintain copyright, people still couldn't claim they entirely wrote derivative works, they'd have to give the author credit. The author would also still have the right to distribute under an alternate license (although the attraction of that option would be reduced).

      If this were to come to pass, it would suck, but life would go on.

      Also, hypothetically speaking, if this were to come to pass, the same arguments used to partially invalidate the GPL would surely work to partially invalidate many many proprietary licenses, which would be ... interesting to say the least.

      Still, any (US) lawyer I've talked to (or read articles from) who wasn't paid to say otherwise has indicated that the GPL is pretty much solid. Of course, your lawyers might vary ;-)

      Disclaimer: I am not a lawyer, the above is not legal advice. Bring back the intellectual commons.

      --

      ----
      Open mind, insert foot.
    73. Re:Stock? by Anonymous Coward · · Score: 0

      But wait... SCO must be right because, as any good American knows, the market is always right. It is God... greed is good... SCO is good. The invisible hand of market forces will guide us, and SCO is correct. God bless capitalism.

    74. Re:Stock? by croddy · · Score: 1

      don't buy the shoes.

    75. Re:Stock? by Anonymous Coward · · Score: 0

      Why the fuck do you think companies have press releases, if not to pump up their stock? You don't think RedHat and IBM do the same thing?

      And the "timing" angle is bullshit. SCO is opening their fat mouth almost daily.

      The key point, which you aren't bright enough to grasp, is that if investors weren't buying SCO stock, they wouldn't be selling it for so much money. Stock speculation is legal and even encouraged in this country.

    76. Re: Stock? by vsprintf · · Score: 1, Funny

      I gather it's more like a lemming stampede than a mass suicide. The ones at the edge get shoved off by the guys behind--who can't see the edge because there are lemmings in front of them.

      Hey, I agree with you, and I'm behind you all the way. Whoa, dude, watch that first step! Ooh, bummer. :)

    77. Re: Stock? by Thuktun · · Score: 1
      Not personally. Actually, my comments are based on the very references that you cite:
      These deaths are not deliberate "suicide" attempts, however, but accidental deaths resulting from the lemmings' venturing into unfamiliar territories and being crowded and pushed over dangerous ledges.
      A few lemmings being pushed off a precipice due to crowding as a migration occurs next to a cliff is far different from a "stampede" off the edge, which is what you said:
      I gather it's more like a lemming stampede than a mass suicide. The ones at the edge get shoved off by the guys behind--who can't see the edge because there are lemmings in front of them.
    78. Re:Stock? by adamruck · · Score: 1

      like nike really gives a crap... boycott is a thing of the past

      --
      Selling software wont make you money, selling a service will.
    79. Re:Stock? by An+Anonymous+Hero · · Score: 1
      If the unlikely "partial invalidation" described comes to pass, the remnants of the GPL would come out more like a BSD license

      Yes (we seem to have written this simultaneously) -- or, it now occurs to me, maybe even LGPL-like: letting people redistribute without letting them link from other code couldn't be enforced. Wouldn't that alone weaken the GPL enough to please the dark side?

      Does anyone know if SCO plans to claim some works as derivatives by using the "linking" criterion (again, maybe just in order to lose and invalidate the criterion)?

    80. Re:Stock? by ischorr · · Score: 1

      Yes, "pump and dump", Mr. Anonymous Coward. They're using their influence as executives to produce a ridiculous lawsuit, public statements, etc. They're manipulating a gullible public not quite smart enough to realize that SCO just haven't a clue (intentionally providing a sense of "mystery" while playing the PR game to appear as if they have "Something up their sleeve"). They're making moves that have a very small long-term chance of paying off, but the potential rewards are huge (3 BILLION dollars? That's quite a few times the company's net worth). Investors hate to miss out on a "big thing", and SCO are taking advantage of the gamling psychology rampant on Wall Street.

      The stock market is all about perception - without dividends or other payoffs to make it's analagous to trading baseball cards or other collectibles.

    81. Re:Stock? by kubrick · · Score: 1

      Isn't it a lot more likely that if part of were found to be non-enforceable, the whole thing would be null and void? If not, there are a number of other software licenses I'd like to pick and choose my extra restrictions from...

      --
      deus does not exist but if he does
    82. Re:Stock? by Anonymous Coward · · Score: 0

      That is not what a pump and dump is. You can believe that is what it is but it's not. Read my post again - maybe slower this time. Every company uses press releases to affect stock price. Why do you think that good releases always come in the morning before the opening bell and bad releases always come after the closing bell? That is how business works.

      I also have no clue who this "gullible public" you are talking about. The only people who move the volume of shares it takes to affect stock price are brokers and trust me they are not gullible. They know what SCO is doing and they are riding the wave like everybody else.

      Nothing you said above proves any wrongdoing on the executives of SCO and it surely doesn't even come close to Pump and Dump. I said it before - stick to what you know.

      PS - Attacking me because I choose not to create a slashdot ID is usually the last defense of somebody without a valid argument.

    83. Re:Stock? by Anonymous Coward · · Score: 0

      You don't take a job unless your better off with it. Were these people better off working at 3 dollars a week rather than getting nothing? Yes they were

    84. Re:Stock? by swillden · · Score: 1

      but all the investors have it tied up so that no one can sell the stocks short.

      Eh? I've sold SCOX short four times in the last two weeks, with no problems at all.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    85. Re:Stock? by arkanes · · Score: 1

      I can't imagine a reasonable argument against the GPL that would convince a court without invalidating EULAs. If the conversion of the GPL to a BSD style license is the price of the death of the EULA and the reversion of all over the counter commercial software to standard copyright law... well, I don't know if I'd be _pleased_ per se, but it certainly wouldn't be a total loss.

    86. Re:Stock? by arkanes · · Score: 1
      No, the best reason is that the GPL is a distribution license, which is to say that it grants you powers that would normally be prohibited by law, whereas an EULA is a usage license and adds restrictions in addition to those set by law. If you never look at the souce and never read the GPL and, in fact, are unaware of its existence, then it has no effect on you as a user. None whatsoever. Are you familiar with the terms of the sales contracts that book vendors have?

      The only time you need to care about the GPL is if you're distributing the code, which is something that is normally illegal. If you're doing THAT without reading the source code or the COPYING file or otherwise aquiring a license to do so, then you're in violation of the law.

    87. Re:Stock? by Malcontent · · Score: 1

      What about the author. The people who hold the actual copyright released it under the GPL because that was the most attractive license to them. If they wanted to release it under BSD or public domain they would have done so.

      I think a court would have to give that quite a bit of weight. It seems to me that the intention of the copyright holders are the most important thing.

      --

      War is necrophilia.

    88. Re:Stock? by Anonymous Coward · · Score: 0

      What broker are you using? E*Trade has been giving me "cannot borrow shares of this stock" messages for the last few weeks. I wanted to short SCO so badly at $19...

    89. Re:Stock? by jedidiah · · Score: 1

      "the market responds to reality"

      Yeah! Sure! That's why we had the whole internet bubble...

      The actual reality of the situation is that IBM has more financial and legal resources than most nations. IBM is the kind of shark that Microsoft would like to be when it grows up. IBM has more lawyers than SCO has employees.

      Even if SCO is in the right, IBM will manage to convince any judge that the fact's are on IBM's side.

      The reality of the situation is that justice is for sale and IBM has more cash to buy it with.

      This is all true even if you assume that SCO's claims are all correct.

      However, they are not and this has been documented in great detail.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    90. Re: Stock? by tgibbs · · Score: 1
      A few lemmings being pushed off a precipice due to crowding as a migration occurs next to a cliff is far different from a "stampede" off the edge, which is what you said
      Not exactly. I didn't say that it was a stampede ; I said that it was more like a lemming stampede than like a mass suicide. I must admit that it didn't occur to me that anybody would be so literal as to take seriously the notion of lemmings stampeding.

      Animals sometimes stampede off a cliff, because the ones in front are crowded off by the ones behind them. It doesn't have to be a literal stampede; this kind of thing can happen any time you get a mass of animals--or even people--moving together, especially if they are in a hurry.

    91. Re:Stock? by An+Anonymous+Hero · · Score: 1
      What about the author. The people who hold the actual copyright released it under the GPL because that was the most attractive license to them. If they wanted to release it under BSD or public domain they would have done so.

      Right, they licensed under the GPL because they would like derivative works to remain open source.

      But now SCO arrive with their preposterous, pre-emptive claim that because of their license, any "derivative works of Unix" belong to them and hence can't be open-sourced by IBM.

      So IBM need a definition of derivative that invalidates SCO's claim but not the GPL, and I hope this is not too thin ice for them to tread.

      For example:
      The FSF's preferred definition would call a program derivative if it links to another. (Thus the need for the special LGPL when you want to allow linking.)

      So, what if SCO claimed some IBM programs as derivative because they link? I have no idea is they can, but if they did, might IBM not be tempted to argue that linking does not, by itself, make a program derivative?

      And if IBM wins (as few of us doubt), might this not establish enough of a precedent against the linking definition to support, someday, in some other staged lawsuit, the claim that GPL = LGPL because "linking does not, by itself, make a program derivative"?

      My fear is that sending SCO to intentionally lose this case (why else would they behave like the fools they do...) is just a gambit to take down the GPL.

      (No, that wouldn't kill Linux. But relaxing the definition of "derivative" might bring it back into the fold of proprietary development, and thus kill the momentum of Free Sotware.)

    92. Re: Stock? by tuba_dude · · Score: 1

      Myth or no, it makes a good example of mob/group mentality...or a lack of mentality, however you want to see it.

      --
      "The government of the United States is not, in any sense, founded on the Christian religion."
    93. Re:Stock? by Malcontent · · Score: 1

      I think your analysis is missing two things.

      First of all it really does not matter how you define "derivative". IBM simply has to prove that they themselves own the derivative work and not SCO. They don't have to redefine the word in order to do this. I am presuming that the legal team at IBM was not stupid enough to sign a contract which would turn over all work done by all IBM programers to SCO. It's a ridiculus proposition in and of itself.

      The whole GPL thing is secondary. IN this case IBM is countersuing using the GPL. You must keep in mind that the vast majority of the code in the SCO distribution is not derivative. It's unadulterated GPLed code. No matter how you define derivative you are not going to all of a sudden own the code for grep or awk. If the GPL is invalid then SCO can be sued for copyright infringement and so can anybody else who distributes unadulterated code.

      Finally let's say that you can define a derivative in such a way that it completely invalidates the GPL. What would prevent me from getting a hold of windows code somehow and them making a minor change and calling it my own?

      --

      War is necrophilia.

    94. Re:Stock? by God!+Awful+2 · · Score: 1


      If (when) they lose, might this not create a precedent against any such clause? Surely there are people who'd like to restore a situation where, if you allow modification/redistribution, then it has to be a la BSD...

      I, for one, would like that. It would give domestic software companies a fighting chance of making a profit again. I think the outcome will depend on how long this drags on and how the political climate plays out. /. readers will scream bloody murder at anyone who even hints that the GPL is about communism, but I swear that as politicians start to get a better handle on what it's about, that's exactly what they're going to think. And the thing about politicians is you can't make them go away simply by modding them down.

      -a

    95. Re:Stock? by Anonymous Coward · · Score: 0

      Here's an explanation.

      Microsoft wants to eventually cover the Linux market too, just in case. They want to be able to take Linux and render it into a prefectly commercial, prices & licences version. They need to undermine GPL's contamination aspect first.

      SCO management was willing to do the dirty work necessary, making a quick market buck on the side.

      What? You heard this already?

    96. Re: Stock? by Hellkitten · · Score: 1

      I believe that lemming thing is an urban myth.

      It's a myth, but certainly not an urban one. I've never ever heard of a lemming in a city (jumping off scyscrapers?).

      Lemmings will not commit mass suicide by jumping off cliffs, but if an area is overpopulated by lemmings they will start a mass migration. During which a lot of them will die from predators, drowning while crossing rivers and other causes. (not including running over cliffs, though a few might lose their footing and fall from one).

      --
      - We are the slashdot. Resistance is futile. Prepare to be moderated -
    97. Re: Stock? by MuParadigm · · Score: 1


      Holy Shit! The subject is SCO, but we've got more than ten posts here arguing over whether lemmings have suicidal impulses?

      It doesn't matter! The metaphor works either way.

      Suppose the lemmings are suicidal. Then the metaphor conforms to standard expectations, and there's nothing to really elaborate on.

      Suppose the lemmings that are out front are the leaders, the visionaries of the lemmings. As leaders and visionaries occasionally do, sometimes they make mistakes. And when they do make a mistake, when they, let's say, accidentally come to close to the edge, suddenly there's a fucking mob behind them ready to push them over the cliff. Which, um, really doesn't sound all that different from human behavior, haina?

      So you see, my point, and I do have one, is that the metaphor works either way. Whether the original lemmings got slandered by Disney or not.

    98. Re: Stock? by MuParadigm · · Score: 1


      "Individuals are smart. Groups of people are stupid."

      That's it. I'm never going to a conference again.

    99. Re: Stock? by Pharmboy · · Score: 1

      if you go all the way back, the original discussion was based on "crowd think", not lemmings. I used lemmings only as an example, one of a few examples. The lemmings themselves are not really relevent.

      --
      Tequila: It's not just for breakfast anymore!
    100. Re:Stock? by erat · · Score: 1

      Actually, the SCOX stock fluctuations are probably resulting from smart investors who have spotted a trend. It doesn't take a mental giant to know that -- at this point -- whenever SCO flexes its muscles the stock is going to go up. If you've spotted a trend in the stock market that's more than just a gamble and you're an active investor it would make sense to make some investments (and subsequent sales) based on the trend, even if the trend was started by clueless investors.

      It's similar to the whole "interest rates go down, stock market goes up" scenario, or the deal where Sun's stock goes down and the entire tech industry goes down with it. Serious, long-time investors know the benefits of buying and holding stock, but at the same time they know that clueless investors will act hastily on either of the two scenarios above and will either pump up the market or flush it down the toilet in the process.

      So what you're probably seeing is investors riding a wave that's fairly predictable and is probably making lots of folks lots of money. I'm going to guess it'll continue until SCO suffers a really HUGE legal setback.

      That's my spin. (No, I don't own SCOX stock, nor do I plan on purchasing any. I'm a buy-and-hold kinda guy. I tend to avoid companies who are embroiled in legal actions, both their own and those brought against them by others.)

    101. Re: Stock? by RevDobbs · · Score: 1
      It's akin to "an ant lacks any semblance of intelligence whatsoever, but a colony of ants? They are fucking brilliant!"[snip] Nope, doesn't compute.

      Sure it does... why, just imagine a Beowulf clus... uhm, nevermind.

    102. Re: Stock? by Thuktun · · Score: 1
      Not exactly. I didn't say that it was a stampede ; I said that it was more like a lemming stampede than like a mass suicide. I must admit that it didn't occur to me that anybody would be so literal as to take seriously the notion of lemmings stampeding.

      Animals sometimes stampede off a cliff, because the ones in front are crowded off by the ones behind them. It doesn't have to be a literal stampede; this kind of thing can happen any time you get a mass of animals--or even people--moving together, especially if they are in a hurry.
      So...when you say that they "stampede" off a cliff, facing towards the ones going off in front of them, you were actually referring to lemmings milling around and getting crowded off. Not a "literal stampede", just a metaphorical one that doesn't involve actually running blindly in any direction.

      Got it. As clear as SCO's claims of System V UNIX copyright infringement and licensing.
    103. Re:Stock? by julesh · · Score: 1

      I haven't done this, but have you considered Contracts for Difference? You're trading a derivative, so you'll need to open an account which can be tricky, but from what a friend who has been involved with them in the past has told me it is generally possible to short anything when trading CFDs.

      OTOH, the only broker I know of (deal4free.com) doesn't seem to carry SCO.

      ObWarning: be careful, you can lose a lot more money than you originally put in when trading derivitives.

    104. Re:Stock? by Anonymous Coward · · Score: 0
      That is not what a pump and dump is. You can believe that is what it is but it's not. Read my post again - maybe slower this time. Every company uses press releases to affect stock price. Why do you think that good releases always come in the morning before the opening bell and bad releases always come after the closing bell? That is how business works.

      He said he would consider it a form of pump and dump. I don't you are getting what he is saying at all. SCO is artificially inflating their stock. They know they have no case and when they lose they're going to lose a lot of money for their stockholders, but not without getting themselves rich first. Regardless if it is technically illegal, it is a cruel. This nonsense doesn't happen in the rest of the civilized world.

      I also have no clue who this "gullible public" you are talking about. The only people who move the volume of shares it takes to affect stock price are brokers and trust me they are not gullible.

      They are gullible when it comes to technology, as you seem to be also. A $3 billion dollar lawsuit attracts their attention but what they don't know is that it is a sham. They are leading stockholders to doom while they profit. That is flat out wrong.

    105. Re:Stock? by swillden · · Score: 1

      What broker are you using?

      I probably shouldn't tell you, but... Ameritrade.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    106. Re: Stock? by tgibbs · · Score: 1
      So...when you say that they "stampede" off a cliff, facing towards the ones going off in front of them, you were actually referring to lemmings milling around and getting crowded off. Not a "literal stampede", just a metaphorical one that doesn't involve actually running blindly in any direction.

      "Randomly milling seems" seems a pretty restrained characterization of what has been described as the "frenzied rush" of a lemming migration.

      The sight of a few lemmings....being pushed over a cliff during the frenzied rush of migration, has become the basis of a widespread belief that lemmings commit suicide en masse when their numbers grow too large.
      Urban Legend Reference Pages [snopes.com]

      A stampede, of course, is a kind of "frenzied rush."

    107. Re:Stock? by MrResistor · · Score: 1

      I agree that shorting SCO right now is probably a bad idea since things are very uncertain in the short run. Your long term analysis, however, is fatally flawed, and this is the flaw:

      the GPL, which has no real legal ground yet

      If you knew as much about copyright and contract law as you know about trading stocks, you would know that the GPL is one of the strongest licenses ever written. To say that it has no legal ground is blatantly false and a gross misrepresentation of the law.

      You could say that it has never been tested in court, and that would certainly be true, but then your analysis would still be ignoring a critical point: it has never needed to be. Every single time, and there have been many, a company has been faced with defending themselves against the GPL they have chosen to settle, the vast majority of the time they do so without a suit ever being filed, because their lawyers tell them point blank that there is no way they can win.

      Yeah, IANAL, but Eben Moglen has a doctorate in law, specializes in copyright law, and is the lawyer responsible for enforcing the GPL, and I'm just paraphrasing what he has said on more than one occasion.

      --
      Under capitalism man exploits man. Under communism it's the other way around.
    108. Re:Stock? by ckaminski · · Score: 1

      I'm sorry, but how, in 19 days, could you NOT possibly let someone know you have a child at home? Considering:

      1) She had to be arrested
      2) She had to ride in a police car
      3) She had to be fingerprinted
      4) She had to be interviewed
      5) She had to meet with a lawyer. Said lawyer didn't do HIS job to notify the state about a wayward child.

      I'm sorry, I'm guessing that this lady thought she'd be in for a day and back on the streets so she could take care of her kid and not lose her to the state, and when it got out of control, kept her mouth shut.

      I can buy complicity of one or two people in trying to cover up their fuckup. I can't buy a concerted effort on the behalf of the police to leave this girl alone just so they could punish the woman more. That's asking too much evil out of too many people.

    109. Re:Stock? by ckaminski · · Score: 1

      Sure sure.

      But when you consider those insiders KNOW when the good press releases are coming out and can time them to occur a day or two before "timed sales" occur, then it's still a pump and dump, albeit a legal one.

    110. Re:Stock? by KlomDark · · Score: 1

      If you just compile and run a program, without modifying it, then it really matters little.

      However, if you decide to modify the code, it's going to be rather hard to say that you never saw the GPL info at the top of each source file.

    111. Re:Stock? by An+Anonymous+Hero · · Score: 1
      Quick reply:

      First of all it really does not matter how you define "derivative". IBM simply has to prove that they themselves own the derivative work and not SCO. They don't have to redefine the word


      Well, IBM are up against extravagant "we own all derived works" claims by SCO. So they will have to argue the meaning of "derived", and make it weak enough to at least obliterate SCO's claims. My hope is that the GPL's (vaguely similar) clauses don't lose teeth in the process.

      The whole GPL thing is secondary. IN this case IBM is countersuing using the GPL.


      I'm not talking about this. My fear is that the SCO Gambit is designed to generally weaken what licenses can forbid to do with derived works. That precedent would then be used later in another case. (E.g., some company deliberately setting itself up to be sued for linking GPL code.)

      Finally let's say that you can define a derivative in such a way that it completely invalidates the GPL. What would prevent me from getting a hold of windows code somehow and them making a minor change and calling it my own?


      You might as well ask what prevents you from redistributing Mickey Mouse movies (with or without modifications). The difference is that Disney does not grant you that right, whereas the GPL does. It does "under certain conditions", but what if courts were to find those discriminatory, free-enterprise-unfriendly, or whatever? That'd bring us back to stage 1.
    112. Re: Stock? by JimFromJersey · · Score: 1

      bah, it's not the neurons, it's the connections between them...

      --
      between the greater and lesser infinities sleep the dreams undreamt
    113. Re:Stock? by Malcontent · · Score: 1

      "Well, IBM are up against extravagant "we own all derived works" claims by SCO. So they will have to argue the meaning of "derived", and make it weak enough to at least obliterate SCO's claims. My hope is that the GPL's (vaguely similar) clauses don't lose teeth in the process."

      No no no no no. They have to simply have to prove that SCO does not own derivate code. It does not matter you how you define derivative.

      "but what if courts were to find those discriminatory, free-enterprise-unfriendly, or whatever?"

      It does not matter. Copyright itself is discriminatory and free-enterprise unfriendly. Nobody allowed to copy or use any code that is copyrighted ever under any circumstances. If the GPL is invalid then the license is thrown away and the copyright owners get to be able sue anybody who uses or distributes GPLed code. In this regard they can discriminate all they want. Then can sue SCO and not IBM if they want. They own the code they get to do whatever they want with it.

      --

      War is necrophilia.

    114. Re:Stock? by fishbowl · · Score: 1

      "Said lawyer didn't do HIS job to notify the state about a wayward child."

      Wayward isn't the right word here, but,
      you're right. The lawyer should be disbarred for this, if not subjected to the identical charges that the mother has on her.

      I'm waiting for this whole thing to blow up into the faces of the establishment when it comes out that there were numerous lapses of process, or the smoking gun document comes out that shows the woman DID explain the predicament.

      On the other hand, I wouldn't be surprised if it turns out she really couldn't have cared less if the kid died, or even if she had been hoping that would happen, for whatever sick reasons she had.

      So I won't be surprised either way.

      --
      -fb Everything not expressly forbidden is now mandatory.
    115. Re:Stock? by An+Anonymous+Hero · · Score: 1
      No no no no no. They have to simply have to prove that SCO does not own derivate code. It does not matter you how you define derivative.


      Well, I hope you're right. But "own" may have been too strong a word. SCO claim that a license gives them some say on what IBM can do with what they call "derived code". (Specifically they claim that its terms prohibit IBM from open-sourcing "derived code".)

      You're saying that SCO have no claim under any definition of "derived", period. I hope you're right. But if not, then I don't see how a discussion over that definition could be avoided (it already happened, to some extent, in the AT&T "clarification letters" that Dennis Ritchie posted somewhere). My fear is that causing such a discussion is exactly what the SCO Gambit is about.

      It does not matter. Copyright itself is discriminatory and free-enterprise unfriendly.


      So, I take it, your answer to the original question is that a copyright holder can grant "free redistribution, but only to males", period. I'm not so sure...
    116. Re:Stock? by Malcontent · · Score: 1

      "So, I take it, your answer to the original question is that a copyright holder can grant "free redistribution, but only to males", period. I'm not so sure..."

      Absolutely they can. Why not? Look at MS for example. They say who gets to see their code and under what kinds of conditions. The people who get to see their code have to sign NDAs. They can't ever redistribute their code. They can't make modifications for their own use either. MS has full and absolute right to their code to do with as they will.

      MS is not required to treat all people equally. For example they are not required to let you see the code just because they let the govt of China see it or they let some university see it. Same with Music. The record company may let one radio station play the music but deny another radio station the same right.

      The copyright holder has final say, that's the law. Not just in the US but internationally because of the Berne Convention. It's really cut and dried on this one.

      --

      War is necrophilia.

    117. Re:Stock? by An+Anonymous+Hero · · Score: 1
      Thanks. I had in mind situations where although you have final say on the use of something -- say, your private museum --, if you let the public in, even for free, then it must be under conditions subject to other laws (e.g. non-discrimination, for an extreme example).

      But I hope you're right in this case. If so (and if the courts uphold the FSF's definition of a program as derivative if it links), then the GPL seems safe from being dumbed down to an LGPL or BSD equivalent though this sort of strategy.

    118. Re:Stock? by Malcontent · · Score: 1

      "But I hope you're right in this case. "

      I am not a lawyer and I realize that the American legal system is pretty much a crapshoot but it seems to me that you could not mess with the GPL without gutting copyright laws heavily. I just don't see it.

      BTW there are lots of private clubs in the US. They discriminate all kinds of bizarre ways. From the harvard club to the boy scouts. If you don't take govt funds you can pretty much discriminate all you want. I think there are still golf clubs that don't let women and blacks in. You might remember the big bruhaha during the masters about how the club still did not let women in.

      --

      War is necrophilia.

    119. Re: Stock? by Dragoon · · Score: 1

      Yes, it is a myth, heres the link that proves it.

      It's on the internet, it has to be true, its in print!

      http://www.snopes.com/disney/films/lemmings.htm

      --
      Welcome to the End
  2. SCO vs 12 year old girls by Gr33nNight · · Score: 5, Funny

    Hey, look on the bright side. At least SCO is going after people bigger than they are instead of 12-year old girls.

    1. Re:SCO vs 12 year old girls by Atario · · Score: 0, Offtopic

      Give it time.

      --
      "A great democracy must be progressive or it will soon cease to be a great democracy." --Theodore Roosevelt
    2. Re:SCO vs 12 year old girls by eclectro · · Score: 4, Funny

      Hey, look on the bright side. At least SCO is going after people bigger than they are instead of 12-year old girls.

      Unless you're 12-year old girl running linux.

      --- Does anybody know where I can download the "Barbie" distro for my niece????

      --
      Take the cheese to sickbay, the doctor should see it as soon as possible - B'Elanna Torres, "Learning Curve"
    3. Re:SCO vs 12 year old girls by jszep · · Score: 2, Funny

      Nowadays, a 12 year old girl could sure kick SGI's ass...

    4. Re:SCO vs 12 year old girls by t0qer · · Score: 1

      Don't give them any ideas!

    5. Re:SCO vs 12 year old girls by Anonymous Coward · · Score: 0

      Don't bet on it. Darl spends a lot of time in Colorado City.

    6. Re:SCO vs 12 year old girls by FurryFeet · · Score: 1

      Wow.
      If you think SCO are scums regarding their "intellectual property", wait until Mattel gets a hold of your comment...

    7. Re:SCO vs 12 year old girls by spacefrog · · Score: 1

      And what exactly are you trying to say about the average Slashdot reader??????

    8. Re:SCO vs 12 year old girls by Anonymous Coward · · Score: 0

      Check SCO's website, I heard they have a distro.

    9. Re:SCO vs 12 year old girls by MadAhab · · Score: 1
      Now that's funny.


      Frankly I'm looking forward to the day when a tight usable linux os is so passe that there is really a Barbie distro... tho I'd much rather see my 12-yr old niece (or perhaps by then, daughter) prefers a DragonballZ distro... I'd like to see a whole cottage industry of customized distros all based on a common themable distro, right down to fortune, IM services, private fileshare networks, everything.

      And I will buy it for them, keeping up a tradition of spending more on Free software than I ever did on "commercial" software, just as I buy lots of CDs by bands I've "stolen from" by spending time to locate their mp3s on filesharing networks, listen to, and decide that it's actually worth buying, go home, the future will run you over good night.

      And for those too dim to read between the lines the future of software is not in the initial license but in access to customization, the update network and other services (and Redhat gets this, though I don't care for Redhat, and I think Apple gets this, or will, and I think Microsoft definitely gets this though they will be happy to pick your pocket and put their finger up your ass as long as you don't...). I mean, give me a break, what earns more money in your neighborhood, manufacturing TVs or selling cable service? Do the math. And in 10 years Microsoft will still be trying to claim that their TV is better because it gets channel 12.34234892734928374928374 and the Sony doesn't, even though that channel exists only because Microsoft owns 51% of MSFUCT network and has them broadcast on that channel. And I will not have that channel and I really won't care.

      --
      Expanding a vast wasteland since 1996.
    10. Re:SCO vs 12 year old girls by Anonymous Coward · · Score: 0

      You know, everything else in your post suddenly became white noise after you mentioned DragonballZ in an endearing fashion. That show has to be one of the biggest wastes of a time slot on television today. Shitty animation, no plot to speak of, and retarded fight scenes. Oh wait it's anime I guess we should drool all over it.

      Whatever.

    11. Re:SCO vs 12 year old girls by mr_z_beeblebrox · · Score: 1

      Unless you're 12-year old girl running linux.
      ,br> If you are, I hope that at least you are not an Mp3 fan.

  3. Relax by Brahmastra · · Score: 3, Funny

    It's only a matter of time before IBM lawyers destroy SCO. Just sit back, relax and watch SCO lawyers and IBM/SGI/other lawyers get into some serious battle. When it's over, SCO won't exist anymore and slashdot will run out of topics.

    1. Re:Relax by Bill,+Shooter+of+Bul · · Score: 5, Insightful

      The article mentions at the end that SCO has asked that the trial date be set back so it can have more time amending its briefs. The court trial is not expected to start until 2005. It would be much easier to relax, if the trial had started. Right now, Sco has managed to create an atmoshpere of (and they all said...) Fear, Uncertainty and Doubt. IBM is fine it can hold SCO at bay, but its obviousl that sco is not going to wait for the conclusion of the IBM trial before going after other companies ( several of which do not have the money to hire a hoard of lawers to defend them).

      --
      Well.. maybe. Or Maybe not. But Definitely not sort of.
    2. Re:Relax by MycroftMkIV · · Score: 1

      It will be hard for /. to run out of topics with RIAA, MPAA, Microsoft and BSA still trying to force their ideas on the rest of the world...

      Mike

      "Really, I'm not out to destroy Microsoft. That will just be a completely unintentional side effect." -- Linus Torvalds, creator of Linux

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

      What do you mean? We still have Microsoft and isn't bsd still dying?

    4. Re:Relax by criquet · · Score: 1

      But Microsoft will still exist and they'll surely find another lackey or two to take SCO's place.

    5. Re:Relax by mickwd · · Score: 1

      "...so it can have more time amending its briefs"

      I'm not surprised.

      If I was SCO, I'm sure my underpants would be feeling quite uncomfortable right now.....

    6. Re:Relax by plj · · Score: 1

      When it's over, SCO won't exist anymore and slashdot will run out of topics.

      So MS and **AA will then have been bankrupted, too, DMCA & Patriot Act will have been pulled back, and DRM technologies will have been criminalised, right?

      --
      “Wait for Hurd if you want something real” –Linus
    7. Re:Relax by ek169 · · Score: 5, Funny
      ... so it can have more time amending its briefs.

      What they mean is : We need to fix our briefs after an "atomic" wedgy IBM and RHAT gave us.
      --
      Karma: Dude, where is my Karma???
    8. Re:Relax by The+Lynxpro · · Score: 4, Insightful

      "I mean, is it possible that IBM can believe that they could make more dough owning linux as opposed to keeping it open-sourced? And, if they decided the former, could their fire-breathing lawyers win it in court?"

      That would be counter to IBM's whole Linux strategy. IBM is making money off of services related to Linux because businesses want Linux so they aren't locked into a proprietary software choice. IBM owning Linux would make it proprietary and aside from stability, not a very convincing argument from the other champion of proprietary solutions, that being Microsoft. IBM already has a proprietary (version of Unix)solution of their own, and that is AIX.

      --
      "Right now, somewhere in this world, Scott Baio is plowing a woman he doesn't love," - Peter Griffin, *Family Guy*
    9. Re:Relax by slackergod · · Score: 1

      It's hard to relax...
      I don't really care if SCO ceases to exist anymore,
      what I care about is whether Darl McBride et al
      continue to exist and perpetrate their unique
      style of "business"...

      as soon as SCO vanishes in a cloud of bankruptcy,
      I wouldn't be suprised to see a new company form,
      comprised of _exactly the same people_,
      but freed of all responsibility for their past
      actions, all due to the fact that the 'SCO' name
      somehow sheilds them...

      IANAL, but why does the
      legal system allow such a hideous shell-game to
      be played? It does little more than invite
      every unethical creep to exploit us to their heart's content.

      corporations aren't individuals,
      and the owners of the corp should be responsible
      for what they do in it's name... because in the end, everything SCO does is the action of PEOPLE,
      not some legal fiction.

    10. Re:Relax by Anonymous Coward · · Score: 0

      I'm a total n00b at this, but exactly why will IBM defend the GPL? Why not side with SCO, come to an agreement, and claim ownership of any code they want to?

      IBM already have a proprietary UNIX. What would turning Linux into another one do to help them?

      I mean, is it possible that IBM can believe that they could make more dough owning linux as opposed to keeping it open-sourced?

      Possible but unlikely. Linux right now has far gerater resources going into it than IBM wants to spend. Why destroy all that and burden themselves with all the costs?



      If there is a weak point in the GPL that could let that happen then it isn't at all obvious. If the question is "could we all be missing something that IBM (or SCO's) lawyers could spot and use? Then sure, it's always possible that we're all missing something.

    11. Re:Relax by Mr.+Slippery · · Score: 1
      IANAL, but why does the legal system allow such a hideous shell-game to be played? It does little more than invite every unethical creep to exploit us to their heart's content.

      Because by and large, the legal system is controlled by unethical creeps which no compuction about exploiting us. Corporations and government, working togther for a more exploitative tomorrow.

      --
      Tom Swiss | the infamous tms | my blog
      You cannot wash away blood with blood
    12. Re:Relax by Anonymous Coward · · Score: 0
      Lou Gerstner, the former CEO of IBM, made a speech at Uniforum in 1996:
      For more than a quarter of a century, UNIX has been about open standards, flexibility and end-to-end connectivity. Even when we are competing in the UNIX world, we work to ensure that systems can connect. When people think of open systems they think first of UNIX.

      More importantly, UNIX has been about choice. It's been about putting control of that choice where it belongs: in the hands of the customer, rather than the grip of a single vendor.
      ...
      Now, we all know that the UNIX marketplace today is fragmented. Customers are frustrated by the many faces UNIX shows at the application and user interface level. This is the single greatest threat that UNIX faces today.

      There are lots of reasons that we've ended up with different strains of UNIX: Sun, HP, Digital, SGI, IBM -- have all optimized UNIX for our hardware architectures. And as long as there are different microprocessors, that's not going to change. But you know what, that's okay. It is not the core issue. The core issue is not the microprocessor, because it's buried under the covers.
      ...
      It's often said that converts are the truest believers. Believe me, we are the truest of believers at IBM in open systems - UNIX specifically. That is why we have been so active recently in standards bodies.

      All of us in the open systems community took another very important step today with the consolidation of X/Open and OSF to create The Open Group. This is a very clear message. It's very clear evidence that the open systems community is a united global force working together more closely than ever. It isn't window dressing. At least I hope it isn't window dressing. It gets at the real issue - customers want, will demand, will move to solutions that are interoperable, global and based on standards.
      ...
      Not too long ago, I'm sure most of you think not very long ago at all, IBM had a starring role in a very long-running film. It was called "Closed and Proprietary". Today's subtitle for those who want to play that role is "Dumb and Dumber."

      That was seven years ago.
    13. Re:Relax by hungfarlow · · Score: 1

      "... more time amending its briefs".

      How long does this take? I amended my briefs in about 5 muuntes thios morning.

      --
      Penguins are so sensitive to my needs - Lyle Lovett
    14. Re:Relax by Tokerat · · Score: 1

      So MS and **AA will then have been bankrupted, too, DMCA & Patriot Act will have been pulled back, and DRM technologies will have been criminalised, right?
      Oh, hey, remember Linux? What ever happened to that, anyways? ;-)
      --
      CAn'T CompreHend SARcaSm?
    15. Re:Relax by An+Anonymous+Hero · · Score: 2, Insightful
      IBM already have a proprietary UNIX. What would turning Linux into another one do to help them?
      Right, the number of IBM Unixes going from 1 to 2 is no big deal. What would be a big deal, and possibly in IBM's long-term interest, is the number of Free (GPL, non-closeable) Unixes going from 1, or a few, to zero.
    16. Re:Relax by Anonymous Coward · · Score: 0

      > IBM is making money off of services related
      > to Linux because businesses want Linux so
      > they aren't locked into a proprietary software
      > choice.

      No, not quite. Unix systems like AIX, HP-UX,
      and Solaris adhere to *Open-Standards*, as
      long as a companiy adheres to systems the
      conform to Open-Standards then they are *not*
      locked into a "proprietary" choice. If they
      become unhappy with AIX because IBM is giving
      them bad service then they simply move to
      Solaris. Open-Systems and "proprietary" have
      nothing to do with one another. "Proprietary" in
      the sense that you are implying would be be an
      operating system like AS400 or VMS. Neither
      system ever adhered to any Open-Standard (well,
      there was an OpenVMS in latter years) and so
      these systems were considered "proprietary"
      because once you started to use them you really
      *were* making a commitment to *one* vendor.
      That's what "proprietary" originally implied.
      The Linux community has perverted that meaning
      of "proprietary" into meaning that if someone
      is not Open-Source then you are "proprietary",
      with the implication that there is something
      "wrong" with an OS if it is "owned" by a company
      (even though it adheres to Open-Standards). Now,
      it is true that companies sometimes add vendor
      specific extensions or platform specific means
      of accomplishing a task (such as formating a
      disk) but, the platform specific issues also
      reside with Linux. The ironic twist to the whole
      thing is that Linux is the least "standard" of
      any of the Unixes.

    17. Re:Relax by The+Lynxpro · · Score: 1

      No, not quite. Unix systems like AIX, HP-UX,
      "and Solaris adhere to *Open-Standards*, as
      long as a companiy adheres to systems the
      conform to Open-Standards then they are *not*
      locked into a "proprietary" choice."

      Okay, I accept that analysis. Would you accept that AIX is an IBM *branded* version of Unix that operates best on IBM branded hardware then?

      --
      "Right now, somewhere in this world, Scott Baio is plowing a woman he doesn't love," - Peter Griffin, *Family Guy*
  4. I'd love an invoice. by motorsabbath · · Score: 5, Funny

    Since the response to its appeal was adequate, SCO didn't send bills to thousands of Linux users, company spokesman Blake Stowell said.'

    Too bad - I'd love to hang up such an (otherwise ignored) invoice here in my office. SCO can kiss my ass in Macy's window during a One Day Sale.

    --
    The heat from below can burn your eyes out
    1. Re:I'd love an invoice. by Krow10 · · Score: 5, Insightful
      Blockquoth the poster:
      Since the response to its appeal was adequate, SCO didn't send bills to thousands of Linux users, company spokesman Blake Stowell said.'

      Too bad - I'd love to hang up such an (otherwise ignored) invoice here in my office. SCO can kiss my ass in Macy's window during a One Day Sale.
      Too bad, I'd like to show it to the FTC, the postal inspector and the Commonwealth's Attorney.

      -Craig
      --
      Corollary to Clarke's Third Law: Any technology distinguishable from magic is insufficiently advanced.
    2. Re:I'd love an invoice. by Daniel+Phillips · · Score: 1

      Too bad - I'd love to hang up such an (otherwise ignored) invoice here in my office.

      The real reason for wanting an invoice should be that you want to press charges for commercial fraud, or possibly join a class action.

      --
      Have you got your LWN subscription yet?
    3. Re:I'd love an invoice. by RobertB-DC · · Score: 1

      Too bad - I'd love to hang up such an (otherwise ignored) invoice here in my office.

      That's a great idea! It would go great with those framed Enron stock certificates, and you could really complete the "look" with various states' marijuana tax stamps!

      --
      Stressed? Me? Of course not. Stress is what a rubber band feels before it breaks, silly.
    4. Re:I'd love an invoice. by garcia · · Score: 1

      that's why they didn't even bother to send them out. They knew that they would be immediately scanned and hung up around cubicles. Even the PHB's would point and laugh.

    5. Re:I'd love an invoice. by Anonymous Coward · · Score: 0

      SCO can kiss my ass in Macy's window during a One Day Sale.

      Let's see you put your money where your mouth is.

      Would you be willing to expose your ass in Macy's window during a One Day Sale?

    6. Re:I'd love an invoice. by Tin+Foil+Hat · · Score: 3, Funny

      Too bad, I'd like to show it to the FTC, the postal inspector and the Commonwealth's Attorney.

      Show them what, his ass or the invoice?

      --
      No matter how many of my rights are taken away, somehow I still don't feel safe. -Frigid Monkey
    7. Re:I'd love an invoice. by Anonymous Coward · · Score: 0

      But if they don't offer me a chance to buy a license at the low low introductary price, and then later bill me at the much higher MSRP (MicroSoft Retaliatory Price)--isn't that an unfair busines practice? Where's an IANAL when you need one?

    8. Re:I'd love an invoice. by Anonymous Coward · · Score: 0

      > Too bad, I'd like to show it to the FTC, the
      > postal inspector and the Commonwealth's
      > Attorney.
      >
      > -Craig

      Well... go ahead *big* man. File some type of
      suite against SCO and it's leadership. Go ahead,
      run over to the FTC, and the U.S. Postal Service,
      tell them all about this *big* illegal "pump-n-
      dump", "FUD" spreading conspiracy that's being
      hatched over at SCO. Be sure to let us know
      when you have achieved an uber-court-victory.

      Kent

    9. Re:I'd love an invoice. by Nonillion · · Score: 1

      I hear ya buddy, it would look real nice next to the one I got from the BSA a while back...

      --
      "I bow to no man" - Riddick
    10. Re:I'd love an invoice. by jedidiah · · Score: 1

      Mail fraud can get you hard time in a federal penetentary with a big burly horny cellmate named bubba.

      Mailing, faxing or emailing fraudulent invoices is nothing to triffle about.

      --
      A Pirate and a Puritan look the same on a balance sheet.
  5. Fantastic News! by 0x0d0a · · Score: 5, Insightful

    At this point, due to SCO screwing everyone over, no company is going to be willing to ever touch another OS based on propriatary code licensed from someone else again. They've been burned once -- not again. Given that an in-house solution is insanely expensive, this just adds more impetus to the Linux push.

    The Penguin just gets bigger and bigger.

    1. Re:Fantastic News! by Anonymous Coward · · Score: 0

      Man, where are you living? SCO is not attacking IBM or SGI (well, not in the first place), they are attacking the penguin using loads of FUD. If you look better, you may see it's the trident-armed daemon and his friends who are getting bigger and bigger ;-).

    2. Re:Fantastic News! by Anonymous Coward · · Score: 0

      Take off the rose colored glasses! Your pronouncement is just a wee-bit premature.

    3. Re:Fantastic News! by Anonymous Coward · · Score: 0

      Given the $100 million that Sun has paid over more than 10 years for rights to the Unix code, they are in the clear. (Tin foil hat wearers - that puts Sun's actions well before this whole thing.) Even SCO has said that.

      And, since HP is being buddy-buddy with SCO, it wouldn't surprise me if they were off the hook too.

      System V Unix has a clear path forward, thank you.

      By the way - If you don't write commercial code for System V based Unix, you only hurt yourself if you are in business to sell product. If your code is open source / GPL,anyone who wants to do so should find porting to System V should be fairly easy since Linux is headed toward full POSIX compliance.

    4. Re:Fantastic News! by Overly+Critical+Guy · · Score: 1

      Funny, I thought SCO was hurting Linux during all this.

      --
      "Sufferin' succotash."
    5. Re:Fantastic News! by AKnightCowboy · · Score: 1
      Funny, I thought SCO was hurting Linux during all this.

      Yes, why just this morning 200 Linux administrators committed suicide upon the gates of the SCO Group in a flagrant attempt to infiltrate the compound.

  6. SCO by Anonymous Coward · · Score: 0, Funny

    SCO is entitled to $699 for every 16 CPU's and 4 modules of ram machine running the linux operating system. If you type 'hostid' at the prompt, it will serialize your computer machine. Copy the output, along with your name, address, phone number, social security number, and email address, and email it to sales@sco.com.

  7. well... by greechneb · · Score: 4, Funny

    I will revoke SCO's UNIX license effective October 3rd, 2003.

    Hey, I have as much legal right to do it to them as they do!

    1. Re:well... by Anonymous Coward · · Score: 2, Funny
      I will revoke SCO's UNIX license effective October 3rd, 2003.

      Hey, I have as much legal right to do it to them as they do!

      Wouldn't you first have to give them a licence, in order to revoke it?

      1) Send SCO a licence for Unix.
      2) Revoke the licence, with appropriate publicity.
      3) ???
      4) Profit.

    2. Re:well... by Anonymous Coward · · Score: 0

      i'm sorry, no you don't.

    3. Re:well... by jazman_777 · · Score: 1
      1) Send SCO a licence for Unix.
      2) Revoke the licence, with appropriate publicity.
      3) ???
      4) Profit.

      I have the answer to ???: Deploy a Battalion of Lawyers.

      --
      Slashdot: Failed Car Analogies. Amateur Lawyering. Anecdote Battles.
    4. Re:well... by silicon+not+in+the+v · · Score: 0

      Hmm, a good thought, but revoking their license doesn't necessarily make any money for you. Here's a better one:
      1. Form a public corporation
      2. Publicly claim that everyone and their brother stole your IP but refuse to reveal exactly what.
      3. Watch the media coverage push your stock up several thousand percent.
      4. Sell your stock holdings.
      5. Profit!!

      --
      We may experience some slight turbulence and then...explode. -Capt. Mal Reynolds
    5. Re:well... by GQuon · · Score: 1

      And I revoke SCO's office rental, bank loans and zoning permit. IMMIDIATELY.
      Since you read, slashdot: You have been served.

      --
      Irene KHAAAAAAN!
  8. Re:Is it only me by Anonymous Coward · · Score: 0

    We need an sco.slashdot.org section.

  9. The problem with business by paroneayea · · Score: 1, Interesting

    So often this is what goes wrong with business. Obsession with money leads to destruction. Whatever happened to the co-existence theory... or has it ever gone anywhere?

    --
    http://mediagoblin.org/
    1. Re:The problem with business by forrestt · · Score: 2, Funny

      Whatever happened to the co-existence theory

      I think it incorporated and was viable for a while, but was bought out by the we-have-more-money-than-you-ever-dreamed-of theory.

    2. Re:The problem with business by The+Lynxpro · · Score: 1

      "Obsession with money leads to destruction."

      Heh heh. You sound like Yoda lecturing Anakin Skywalker.

      --
      "Right now, somewhere in this world, Scott Baio is plowing a woman he doesn't love," - Peter Griffin, *Family Guy*
    3. Re:The problem with business by Anonymous Coward · · Score: 0

      So often this is what goes wrong with business. Obsession with money leads to destruction. Whatever happened to the co-existence theory... or has it ever gone anywhere?

      Surely you're joking? (And no, I won't stop calling your Shirley.) As a practical matter the Linux community has effectively announced its desire to destroy Microsoft, SCO, and as a practical matter, Sun. (And very unfairly when it comes to Sun given all that they've given to open source and open standards) Linux is moving from something cool and useful into becoming a jihad. HP had better start counting its days until they are under a ban too, especially since they are backing SCO's city to city tour, even if they are no longer showing the logo. If the Linux Jihad mindset continues I can't believe that it will turn out well for Linux.

    4. Re:The problem with business by Bendebecker · · Score: 1

      "Members of the olgarchy sensed that things were changing and tried to hold the line, but the could not comprehend why their world was collapsing nor formulate policies which would have been to ther long term advantage because their own material prosperity blinded them to the very real, widespread failings and inequities in the system." (Page 79)

      "The rich were quite content to live off a demoralized population and right up to the very end thought they could go on buying a defense against the barbarians they had not yet bought off. Not only did they fail to realize they could not buy loyality, but they had alienated the classes whose support was necessary for their continued existance."(Page 85)

      Both from "The story of stupidity" by James Welles Ph.d.. I think that basically, material prosperity blinds a person to the problems with the system and as such as long as they have continued properity they have no impetus to solve the problems. As long as the status quo is good, they have no desire to change the status quo. By the time they comprehend there is a problem they are not only no longer able to even truly comprehend exactly what the problem is and are often far beyond the point where the problem has become terminal. Just as the rich of Athens and the rich of Rome lost touch with the realities of the society that was supporting them so to are the businesses of our society losing touch with the reality of the world in which they exist. Having discovered the rewards of burning one end of the bridge they are quickly setting about lighting an even larger fire on the other end unable to comprehend why the second fire won't be even more sucessful than the first.

      --
      There's a growing sense that even if The Future comes,
      most of us won't be able to afford it.
      -- Lemmy
    5. Re:The problem with business by ThogScully · · Score: 1

      Except that Yoda puts the predicate before the rest of the sentence and wouldn't have said anything like this.

      He'd have said, "Destruction obsession with money leads to."

      Unless you mean that Yoda uses big words, in which case I admit I had to look up "to" myself.
      -N

      --
      I've nothing to say here...
    6. Re:The problem with business by paroneayea · · Score: 1

      While I highly disagree about the parent's post, I think it's something to contemplate. However, let me give my analysis piece by piece of the parent's argument. (sorry this is so offtopic, but sometimes the most insightful discussions come from deviating from the topic anyway)

      As a practical matter the Linux community has effectively announced its desire to destroy Microsoft, SCO, and as a practical matter, Sun.

      Who exactly are you addressing as the Linux community here? Certainly not Linus Torvalds, who has disconnected himself repeatedly from the anti-Microsoft war by showing indifference. As for the rest of Linux users, sure, there are many anti-Microsoft users... but this certainly does not encompass all. And, if we are going to make generalizations, most Linux users aren't for the "taking down" of Microsoft by force, but by the voluntary migration away from the Windows platform to other alternatives.

      Linux users certainly are retalliating against SCO, but this is really because what SCO is doing is destroying Linux altogether, for the sake of money. Isn't this like trying to stop someone from ripping your house from underneath your feet?

      As for the Sun issue... I really don't know why you think Linux users are attacking Sun. I don't know any Linux users who feel any need to speak out against Sun at all.

      Linux is moving from something cool and useful into becoming a jihad.

      I guess I just don't see what you mean. As far as I can tell, the Linux movement is as close to a jihad as... well... I can't even think of anything. I can't think of anything that's less similar. Perhaps, somewhere, there are two or three people out there whose mouth foam with penguins and really might be that crazy. But then again, there were, at one time, a few students wearing trenchcoats that shot up a bunch of their classmates. But is this a fair reason to believe that every person wearing a trenchcoat is going to go mad and shoot people? I would hope not. There are crazy people affiliated with everything.

      So explain to me, if you would, how Linux is similar to a jihad. Because I just don't seem to get it.

      --
      http://mediagoblin.org/
    7. Re:The problem with business by jedidiah · · Score: 1

      Speaking as a Linux Zealot myself I would like to state that you are JUST PLAIN WRONG.

      Microsoft seeks to destroy ALL competitors in computing. There is simply no neutrality when it comes to Microsoft. Seeking to undermine Microsoft before Microsoft does you in is simply self-defense.

      Now SCO has placed itself in a similar situation. It seems hell bend on undermining the entire commercial Unix market. Infact, Sun has more to fear from SCO now than Linux. It is SCO's actions that undermine the credibility of Unix in general.

      Also, SCO owes it's existence to Linux. It also owes it's current ownership of the SysV codebase to the success and marketing hype associated with Linux. If there were any real justice, Darl would hand over ownership of the SysV codebase to Linus since it was the ill gotten gains from an overhyped Linux IPO that allowed Caldera to even buy SysV in the first place.

      Finally, Sun has nothing to fear from any Linux Zealot. Sun offers a level of support and integration that currently doesn't exist with any Linux vendor. What Sun has to worry about is the continued improvement in Intel based server hardware. This will do Sun in before any "Free Software" rampage. Something like an E450 is remarkably less compelling than it used to be. Soon this will be true of 6800's as well.

      If anything, the success of Linux has prevented NT from eating away at more of Sun's core business. Linux in the small end makes for a logical progression to Solaris and SPARC hardware. NT does not.

      Linux users, even Linux Zealots in general realize this.

      --
      A Pirate and a Puritan look the same on a balance sheet.
  10. Signs of Mental Breakdown by Anonymous Coward · · Score: 0

    Maybe they're using RIAA-math? Darl's head must be spinning so fast that he doesn't know which way is up any more. It all makes sense now. Now all we have is Caldera/SCO trying hard to be a defunct company! Looks like Dennis' check from IBM finally cleared.

    This Comment was generated with the Comment-O-Matic for SCO Stories.

  11. I hereby revoke Darl's claim of IP by CatGrep · · Score: 5, Funny

    It's clear that Darl has no intellect left and therefore no intellectual property, therefore his claim to intellectual property is null and void.

    1. Re:I hereby revoke Darl's claim of IP by sl0ppy · · Score: 1

      screw that, i hereby revoke darl's claim of IQ!

    2. Re:I hereby revoke Darl's claim of IP by Anonymous Coward · · Score: 0

      He's just a puppet with bills hand up his arse

  12. Indemnification DDOS by SeanTobin · · Score: 5, Interesting
    "By so strongly defending the controversial GPL, IBM is also defending a questionable licensing scheme through which it can avoid providing software indemnification for its customers. We continue to urge IBM to provide legal indemnification for its Linux customers"

    SCO has been shouting that since the beginning. My bet is they have a legal DDOS already planned to sue every single one of IBM's customers. By IBM providing indeminification, they would be swamped responding to the individual claims. It may be hard to take out a 800lb gorilla with a slingshot, but half a million mosquitoes will suck one dry.

    Meanwhile, it does not look like SCO's case against IBM is likely to be settled any time soon. SCO has also filed a motion with the court in Utah asking for more time - until February 4, 2004 - to amend its pleadings and add parties. The case is not expected to go to trial until 2005.

    I remember an article or discussion in the last week about Darl getting a bonus and the freedom to cash out more stock once SCO has 4 consecutive profitable quarters. Febuary 4th would round this out nicely. Then Darl is free to jump ship and watch it burn. I'm sure someone will post the link below :)
    --
    Karma: SELECT `karma` FROM `users` WHERE `userid`=138474;
    1. Re:Indemnification DDOS by Rich0 · · Score: 1

      My bet is they have a legal DDOS already planned to sue every single one of IBM's customers. By IBM providing indeminification, they would be swamped responding to the individual claims.

      Additionally, if you were sued by SCO and indemnified by IBM, you'd just sign the first offer SCO sent you - it isn't your money you're spending by pleading guilty. IBM would then be submitted hundreds of bills by its own customers and would have a harder time suing SCO over it. SCO might even drop the IBM case entirely in such a situation.

    2. Re:Indemnification DDOS by watzinaneihm · · Score: 1

      Hmm... Did'nt you get it backwards ?
      A DDos is when multiple people attack one entity. If SCO starts to sue every IBM customer , they would be DDosing themselves. You cannot assume that if SCO sues an IBM customer he will immediatly sue IBM. Even if the success rate is something like 90 percent, IBM will withstand it better since they are a larger company. SCO is going to be buried in legal fees if they ever try this stunt.

      --
      .ACMD setaloiv siht gnidaeR
    3. Re:Indemnification DDOS by swillden · · Score: 4, Insightful

      My bet is they have a legal DDOS already planned to sue every single one of IBM's customers. By IBM providing indeminification, they would be swamped responding to the individual claims. It may be hard to take out a 800lb gorilla with a slingshot, but half a million mosquitoes will suck one dry.

      I don't think so. To do this, SCO would have to pay to file and prosecute all of those lawsuits. Such a move might make sense in a situation where the DDOSer has vastly more resources than the recipient, but that is obviously not the case here.

      No, I think the plan here is what has already been mentioned many times: If SCO can get all of the major Linux players offering indemnification then they can really cramp the growth and development of the operating system. Why? Because all commercial users will feel obligated to obtain indemnification. That's a little bit bad because it would mean that only large Linux providers can sell to businesses, but the real kicker is that it would limit commercial users' ability to modify and enhance the software.

      That may seem like a non-sequiteur, but it's not. Look at HP's indemnification scheme: you only get indemnity if you run an unmodified version, unless you go through an as-yet-undefined (and probably expensive) process to get HP to cover your modified version. Why is HP limiting their indemnity this way? Because they have to. There's absolutely no way they can give blanket indemnity, because their customers could do things like tossing a bunch of, say, SCO Unixware code into Linux and then expect HP to take the heat.

      IBM and any other company that offered indemnity would also have to limit the applicability of their guarantees, which would therefore limit the usage and development of Linux. That might give Unixware a better chance to compete, but I suspect the real reason is that it would work towards Microsoft's goal of slowing, FUDding and generally interfering with Linux.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    4. Re:Indemnification DDOS by sweetooth · · Score: 1

      The problem with this theory is that if he immediatly jumped ship it would look like the pump and dump scheme it is and the SEC (in theory) would be all over him. There would also be the huge potential for criminal fraud charges being brought against him.

    5. Re:Indemnification DDOS by Alizarin+Erythrosin · · Score: 4, Informative

      I believe you're looking for this post on Groklaw.

      I'm posting in a snip of my comment I posted in relation to said post linked above... hopefully my math is right :-)

      In the best case, he won't be fully vested for approximately another 3 years! By then SCO will probably be in ruins and the stock worthless. Although he does have some stock options available to him, they are nowhere near the bulk of what he was awarded that hasn't vested yet.
      Here's my math, assuming he was hired in June 2002 (as somebody posted above):

      Total stock options: 600,000 It doesn't specify when he was awarded these 600,000 shares but let's assume it was Q4 2002 (salary for fiscal year 2003). Options vested Q4 2003: 100,000 The remaining 300,000 options of his 400,000 "performance" options will be vested 8333.33(repeating) per month for the next 3 years.

      Now, let's assume that somehow they remain profitable until the end of the year, making it 4 quarters in a row. First profitable quarter: Q1 2003 Options vested Q1 2004: 50,000 Options vested Q4 2004: 150,000

      So based on my lame math, in December of this year he'll have 100,000 shares vested, with another approximately 75,000 by end of Q1 2004. Do we really have to listen to his mouth spew crap for another 3 years (assuming best case scenario for their finances) until he can sell off all his stock? Or do we really think they can keep the FUD machine running for another year so he can get the rest of his stock options.

      I highly doubt it. Once this goes to trial the stock will probably bomb as they are forced to reveal their evidence and IBM lays the smackdown.

      Let's hope my math is right... :-)


      And you may be right on this indemnification crap. IMNSHO it's a bunch of bull. Does it matter if you indemnify your customers? Protect them from SCO lawsuits that are illegal anyways? SCO doesn't even with its Linux license. I wish somebody in a high position would step up and tell them to cut the indemnification crap because they don't even offer it in their illegal (oops, did I say that out loud?) Linux license.

      --
      There are only 10 kinds of people in this world... those who understand binary and those who don't
    6. Re:Indemnification DDOS by Anonymous Coward · · Score: 0

      If that's the plan, then SCO must believe they have a case.

      If they were completely wrong, IBM would only need successfully defend the first case, and the precedent would toss any subsequent cases out the window.

      If they're right, though, IBM would have to pay through the nose.

    7. Re:Indemnification DDOS by JonnyElvis42 · · Score: 1

      It may be hard to take out a 800lb gorilla with a slingshot, but half a million mosquitoes will suck one dry.

      Hey, come on now, I hate mosquitoes as much as the next guy, but don't go comparing them to lawyers working for SCO. Mosquitoes at least spread disease to keep animal populations low enough that they can self sustain.

    8. Re:Indemnification DDOS by Crispy+Critters · · Score: 1
      "If SCO can get all of the major Linux players offering indemnification then they can really cramp the growth and development of the operating system."

      I don't think indemnification is that strong an issue. If I get indemnification from HP and too many people start getting sued, HP declares bankruptcy and I am once again liable. No one will really trust any third party to protect them from litigation.

      It is better to focus attention on the addition of code to the kernel. SGI says all the code it donated was legit. There should be more openness and publicity about this. This will help people trust that the development process protects Linux from illegal additions.

      I suppose SGI may be limited in what they say because SCO will probably sue them, or at least threaten to. But there should be more focus on the protections in the development process, in whatever way is possible.

    9. Re:Indemnification DDOS by Entrope · · Score: 1
      My bet is they have a legal DDOS already planned to sue every single one of IBM's customers. By IBM providing indeminification, they would be swamped responding to the individual claims.
      I believe IBM could trivially combine such complaints, since the subject matter and parties would be identical; IBM might even get to pick the jurisdiction out of all those where complaints were filed. That kind of stunt would be counter-productive, except to increase the amount of damages that SCO could claim -- and we all know how unlikely it is that SCO will be awarded any damages.
    10. Re:Indemnification DDOS by Joey+Vegetables · · Score: 1

      To do this, SCO would have to pay to file and prosecute all of those lawsuits. Such a move might make sense in a situation where the DDOSer has vastly more resources than the recipient, but that is obviously not the case here.

      Having worked in litigation (but IANAL!!) I can assure you that it is quite possible for even a small legal department to file tens of thousands of nuisance lawsuits, on behalf of (or against) different parties, but having very similar subject matter, causes of action, etc.

      Defending against these is a pain in the a** but not impossible, even for a modestly sized defendant.

      There are law firms set up to handle either side of such matters (I worked for one).

      How is it done? Automation. On both sides.

      Courts, and/or the responding party(ies), may try to combine these into class actions, since the law and often the facts are similar or identical.

      I don't think SCO will try this, but it is definitely not inconceivable that they might.

    11. Re:Indemnification DDOS by Anonymous Coward · · Score: 0

      The problem with this theory is that if he immediatly jumped ship it would look like the pump and dump scheme it is and the SEC (in theory) would be all over him. There would also be the huge potential for criminal fraud charges being brought against him.

      As I mentioned yesterday, not if he stepped down "for health reasons". In fact I expect all SCO execs to leave for one reason or another before the trial.

    12. Re:Indemnification DDOS by Jaysyn · · Score: 1

      IBM is the company that beat the DoJ at their own game, lets not forget that.

      Jaysyn

      --
      There is a war going on for your mind.
    13. Re:Indemnification DDOS by mcwop · · Score: 1

      Even if IBM provided indemnification, which it could through service agreements and individual negotiations with customers, it is probably limited to some value of the services anyways. Even under an indemnification scenario, SCO could be dealing with a lot of lawyers on the defense side.

      --

      "I don't think it's selfish, to eat defenseless shellfish." -NOFX

    14. Re:Indemnification DDOS by Anonymous Coward · · Score: 0

      But can SCO indemnify canopy group stockholders? This talk of indemnification is BULLSHIT, I am less liable as a customer of a software company for it's actions than I am as a stockholder. If end users can be held liable (we are not talking about patents here so this is not the case), then stockholders can be held personally liable for management decisions. When is SCOX going to indemnify it's stockholders?

    15. Re:Indemnification DDOS by Asgard · · Score: 1

      Rising stock price does not necessairily mean current profits, just that (in theory) the Market believes there will be profits in the future.

    16. Re:Indemnification DDOS by Asgard · · Score: 1

      Somehow I doubt that 'indemnification' gives the customers the legal agency to bind IBM to a given settlement.

    17. Re:Indemnification DDOS by antiMStroll · · Score: 1
      No, I think the plan here is what has already been mentioned many times: If SCO can get all of the major Linux players offering indemnification then they can really cramp the growth and development of the operating system.

      Which once again raises the question, how does any of this support the notion that SCO intends to make money from Linux should they win? They're actively and intentionally destroying it. Are they just insane, or are there hidden motive behind these acts?

    18. Re:Indemnification DDOS by swillden · · Score: 1

      how does any of this support the notion that SCO intends to make money from Linux should they win?

      I don't think they intend to make money. I think their strategy has evolved and that their current thinking is that if they can destroy Linux, then Unixware can be successful. However, I'm not sure they really believe that, either. At this point it seems clear that SCO is going down, so I think they're just flailing at Linux to extract money from Microsoft to keep them afloat long enough to suck whatever cash they can out of SCO's current stock bubble.

      OTOH, all of the above is pure guesswork, and it's probably completely wrong ;-)

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
  13. Same old same old by Aspasia13 · · Score: 2, Interesting

    This is just the same old "All your codebase are belong to us" tactic as we've seen before. [ And yes, I understand the irony of using the same old joke for the same old story ]

    1. Re:Same old same old by Anonymous Coward · · Score: 0

      Well, it'dve been ironic if your twist on the phrase had been actually original.
      As it is, it is just old and tired since SCO + All Your Base has been done way too many times already.

    2. Re:Same old same old by Anonymous Coward · · Score: 0

      SCO + All Your Base has been done way too many times already.

      That was his point.

      Asswipe.

    3. Re:Same old same old by Anonymous Coward · · Score: 0

      in that case, moron, he was using ironic incorrectly.
      his *point* was that AYB is old and tired and SCO is old and tired, thus ironic to combine to try and create something new and original. but obviously that was a little too complex for your pea-sized brain.

  14. SGO's Legal Strategy by Anonymous Coward · · Score: 4, Funny

    Master plan : Sue anybody with a 3 letter acronym.

    Lookout PBS, you're next.

    1. Re:SGO's Legal Strategy by Anonymous Coward · · Score: 1, Funny

      GNAA is safe!
      Look out, KKK.

    2. Re:SGO's Legal Strategy by Ayrehtek · · Score: 2, Funny

      Wouldn't that mean that SCO will be suing themselves shortly?

    3. Re:SGO's Legal Strategy by u-235-sentinel · · Score: 1

      " Master plan : Sue anybody with a 3 letter acronym."

      Does this mean when it's all said and done they will take themselves to court? Probably sue themselves over the stupidity IP. Anyone else claiming to be more stupid than SCO will be sued also.

      It's sad really. Personally I'm still waiting for SCO to send me an invoice. I have 7 Linux systems running at home and a dozen at work. When SCO sends the invoice I plan on suing them. Might even get to retire when I'm done :-)

      --
      Has Comcast disconnected your Internet account? Same here. You can read about it at http://comcastissue.blogspot.com
    4. Re:SGO's Legal Strategy by oGMo · · Score: 1

      Can't wait til they get to the IRS. Or the SEC.

      :-)

      --

      Don't think of it as a flame---it's more like an argument that does 3d6 fire damage

    5. Re:SGO's Legal Strategy by Anonymous Coward · · Score: 0

      They appear to be going in alpha order, so KKK is safe now, but GNAA might still be a target.

    6. Re:SGO's Legal Strategy by FroMan · · Score: 1

      They will hit "CIA", "FBI" before either of those. Then of course "NSA" might make them all disappear around then too. ;-)

      --
      Norris/Palin 2012
      Fact: We deserve leaders who can kick your ass and field dress your carcass.
    7. Re:SGO's Legal Strategy by trickycamel · · Score: 1

      Next week: SCO sues itself...

      --
      Sig? What sig?
    8. Re:SGO's Legal Strategy by Anonymous Coward · · Score: 0

      So we all know that Sillicon Graphics Incorporated is now just SGI, which means nothing, and the Santa Cruz Operation in now just SCO, which also means nothing, but I'm pretty sure that SGO never meant anything.

    9. Re:SGO's Legal Strategy by liveh2o · · Score: 1

      Master plan : Sue anybody with a 3 letter acronym.
      So SCO's next move would then be to sue themselves for distributing their own 'copyrighted' IP!

    10. Re:SGO's Legal Strategy by Anonymous Coward · · Score: 0

      And so it is continually proven that racists are so stupid that they can barely count to three.

    11. Re:SGO's Legal Strategy by Anonymous Coward · · Score: 0

      They will hit "CIA", "FBI"

      So? The IRS makes them look like the BSA - not the Business Software Alliance, either.

    12. Re:SGO's Legal Strategy by Kazymyr · · Score: 1

      Cool - does that mean that HP is safe?

      --
      I hadn't known there were so many idiots in the world until I started using the Internet -Stanislaw Lem
    13. Re:SGO's Legal Strategy by hesiod · · Score: 1

      > I'm pretty sure that SGO never meant anything.

      Santa Graphics Operation. Short graphic designers at the north pole? I wonder who they're suing.

    14. Re:SGO's Legal Strategy by Anonymous Coward · · Score: 0

      What about the NRA?

    15. Re:SGO's Legal Strategy by Anonymous Coward · · Score: 0

      So . . . IBM, SGI, PBS, NWO, ELO, ELP, BTO, ATI, SSA, SAS, SAA, SOS, POS, XYZ, and TIT, eh?

      my stupid response could not beat the lame-ass lameness filter.

  15. ulterior motives? by spamchang · · Score: 4, Interesting

    look for stock dumping by SCO execs after news of this hits the market.

    1. Re:ulterior motives? by kylus · · Score: 2, Informative

      Surprise...the stock is up of course.

      --
      --Kylus
      Idiot-proof something, and Life will build a better Idiot.
    2. Re:ulterior motives? by spamchang · · Score: 1

      dagfckingnamit. i refuse to make a killing out of the blatantly predictable rise of SCO stock etc after each of these bullsht moves, but maybe someone else out there should, and donate the money to the EFF or something.

  16. Open Letters by aborchers · · Score: 5, Insightful

    SCO's attempt to try this case in the tech media through "open letters" makes it increasingly obvious that this is a FUD campaign inteaded to impress investors and easily cowed corporations who will heel to their extortion. If they had a legitimate case, they would be filing new and improved court documents, not open letters...

    --
    Trouble making decisions? Just flip for it.
    1. Re:Open Letters by arkanes · · Score: 1

      I dunno, the open letters can be cooked up by one of the execs in a 4 hour bender, with time left over for golf. Legal documents involve obnoxious things like research.

  17. Re:Is it only me by shaitand · · Score: 1

    except how long has it been since the last sco story? it's been a couple weeks at least unless I missed something.

  18. License Fee by WebBug · · Score: 5, Insightful

    I don't you would be particularily wise to pay SCO their fee until after a trial decides just how shaky their ground really is. Why? Because if they lose the lawsuit, then SCO can pretty much say goodnight and you'll never see your tuppence again.

    IBM is pretty savy for adopting an open source project as one of their main OS offerings, largely because it does provide them with a certain level of insulation from OS problems, but also because it provides them with considerable developement power at minimal cost.

    Let us not forget that Apple has pretty much put their entire future into an open source OS as well, for pretty much the same reasons I think.

    It just makes sense to me to build your OS upon a common open source framework. More compatable, more developers, more solutions to problems.

    Ya, there are hoards of problems with that approach as well, but I think they can be succesfully managed.

    --
    Later . . . . . . WebBug // I don't really have 8 arms but . . .
    1. Re:License Fee by Phroggy · · Score: 1

      Apple didn't put their future into the GPL though. They could easily stop distributing GPL'd code if they wanted to, without having a significant impact on their product line.

      --
      $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
      $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
    2. Re:License Fee by Anonymous Coward · · Score: 0

      Thats SILLY. PROVE I am linux? PROVE that I am not. Unless you get a court order good luck. And where I work we own IP lawyers that make IBM think twice...

      We do this sort of thing ALL the time. Then just to rub it in we would sue them. For as much IP as we have they are probably breaking some of it somewhere.

      Also that license is a waste of your companies money. In any medium sized company you probably already have a HP or IBM or a SGI or a SUN laying around. Looks like a licence to me. Also the very fact that SCO gives away a GPL licenced version of the very linux kernel they are bitching about just proves my point. You DO NOT NEED IT. They are giving it away for FREE. Also they did not acidently give it away either. They KNEW for a fact what was in that kernel. How do you think they suddenly found out about the code? They were patching the thing for 4 years. They were actually fixing bugs in the system. They were putting out their own fixes. Then suddenly they realize that somethings 'wrong'. They were working WITH IBM and SGI to put that very code in there. It was part of their 'openlinux' group. Go check em out at in a archived version of SCO's web page

      Very interesting stuff there. Also take a look at their current support area. They are still giving away patches. Now are all those patches theirs? They want it both ways and that will not fly...

    3. Re:License Fee by WebBug · · Score: 1

      Good point, and absolutely true. They decided to go with the BSD License, which is significantly different.

      Witness Microsoft's use of openBSD code in their Unix Tools for XP.

      --
      Later . . . . . . WebBug // I don't really have 8 arms but . . .
    4. Re:License Fee by idiotnot · · Score: 1

      Yeah, like KHTML in Safari, or the toolchain to build Darwin/OSX (standard gcc....).

      I could stop there, but I won't, seeing a reply to your post which extolls the virtues of the BSD license. Today, with the exception of the ability to *not* disclose the source, there is no fundamental difference between the 2nd BSD license (under which FreeBSD is licensed) and the GPL. The FSF even considers the later BSD licenses as free software licenses.

      SCO's arguments against the GPL could easily be applied to the BSD license. Including the argument, which seems to be their main argument, that the GPL is incompatible with US Copyright law. If the GPL is illegal under US Copyright law, so it goes with BSD.

    5. Re:License Fee by Phroggy · · Score: 1

      Yeah, like KHTML in Safari, or the toolchain to build Darwin/OSX (standard gcc....).

      KHTML isn't GPL, it's LGPL. Gcc would be a problem though; I hadn't considered that - still, IBM is working on making its own compiler gcc-compatible; I expect Apple to switch when this becomes a viable option.

      --
      $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
      $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
  19. Cowards by Anonymous Coward · · Score: 0

    Although i'm suprised SCO aren't stupid enough to follow the invoice idea through, given their recent series of actions.

  20. it means by Anonymous Coward · · Score: 0

    that there's only 3 unices left: Solaris, BSD and Linux

    1. Re:it means by Anonymous Coward · · Score: 0

      there is HP-UX

    2. Re:it means by Anonymous Coward · · Score: 0

      Yes, there's HP-UX. And BSD and Linux aren't Unices.

    3. Re:it means by ajs318 · · Score: 1
      BSD and Linux aren't Unices.
      In the same way as Mates aren't Durex, or Pepsi isn't Coke.
      --
      Je fume. Tu fumes. Nous fûmes!
  21. IBM To Buy Out Novell? by emacnabber · · Score: 5, Interesting

    I live in the Provo area and the rumor I'm hearing from Novell employees is that IBM is looking to adquire Novell...

    1. Re:IBM To Buy Out Novell? by sphealey · · Score: 1
      That rumour has been floating around since 1992 - when it might have made some strategic sense. I don't see the value in it for either party at this point.

      sPh

    2. Re:IBM To Buy Out Novell? by Elwood+P+Dowd · · Score: 2, Interesting

      And thus Ximian as well.

      --

      There are no trails. There are no trees out here.
    3. Re:IBM To Buy Out Novell? by dasmegabyte · · Score: 1

      All the better. Let's put all the shitty, expensive, overly complicated solutions to common problems together in the same company and then completely ignore it. Do you imagine IBMNOVELL would want to buy CITRIX?

      Seriously, I spent most of yesterday learning Novell's Border Manager and have come to the decision that it is actually less powerful and far less useful than the interface that came with my $100 wireless router. I would like to find the consultant that sold us this thing and beat the shit out of him. It would make up for having missed going to the gym yesterday.

      --
      Hey freaks: now you're ju
    4. Re:IBM To Buy Out Novell? by frkiii · · Score: 2, Interesting

      Actually, it makes more sense now, than ever before.

      Novell licensed Unix to SCO for selling Unix, right?

      So, IBM buys Novell, pulls the carpet out from under SCO, and tells them "We own Unix now, you we are terminating your license/agreement/contract with regards to selling/distributing and supporting System V Unix".

      Then take the code that IBM now owns (from Novell) and GPL the whole lot!

      Maybe a little far fetched, but could happen. I am not holding my breath over it, as it would just be too sweet a deal, if it should happen.

      Regards,

      Fredrick

    5. Re:IBM To Buy Out Novell? by Anonymous Coward · · Score: 0

      BorderManager's two most useful features are NDS integration, and the fastest web cache around.

      If Novell ever upgrades it to include stateful packet filtering, it'll once again be a worthwhile package.

  22. PUMP PUMP PUMP by dnotj · · Score: 0
    DUMP

    It's happened once, will happen again

    I wonder what school(s) micro$oft will be giving the FUD money to when this SCO scheme is finished.

    --
    No more Micro$oft bashing from me. Its like bashing at the special olympics.
    1. Re:PUMP PUMP PUMP by tarquin_fim_bim · · Score: 1

      How do companies get away with this kind of fraud? Is SCOs behavior totally invisible to the financial regulatory bodies? Or are they all being bought?

    2. Re:PUMP PUMP PUMP by Anonymous Coward · · Score: 0

      Because it isn't fraud.

      Just because slashbots dont like it, doesn't make it illegal.

      And while some SCO execs have sold stock, none of their senior officers have.

    3. Re:PUMP PUMP PUMP by defile · · Score: 1

      How do companies get away with this kind of fraud? Is SCOs behavior totally invisible to the financial regulatory bodies? Or are they all being bought?

      Unless you have a lot of money or addressing your situation will result in great press, the government is completely and totally uninterested in your problems.

      Cases in point:

      You're a middle class couple with one child. Some kids are regularly harassing your child after school. The schools take no responsibility since it happens after school. You call the police who think you're overprotective parents who can't take a little boys will be boys. Following your kids around all day is affecting your work. Best solution? Transfer your child to another school or move to a different town.

      Suppose you're a single male living in an apartment building. One of the tenants in the apartment building is insane and hates you. One day she starts dialing 911 out of nowhere and tells the police that you attacked her. She keeps doing this. No matter how many times the police have shown up, each time they become angrier and don't want to believe your side of the story, and they may arrest you based on how experienced the police officer is (you're fucked if it's a new recruit). The landlord cannot evict her, because since she has no money or job a housing court judge refuses to evict her. Best option? Move. If you're the landlord? Pray to god that she leaves of her own free will, pay her off, or have her killed.

      You're a small but successful dot com and one of your competitors launches denial of service attacks against your site. You call the police and find that they're completely uninterested in investigating. They don't even return your calls.

      Repeat until it sinks in: THE GOVERNMENT DOES NOT CARE ABOUT YOU

      The government does listen to IBM, however. My question is, what are they waiting for?

  23. Stupid SCO by Anonymous Coward · · Score: 5, Interesting

    SCO's actions are much like intentionally walking up to that big, slobbering rabid dog and yanking it's chain. Hey, if they want to piss in the pool, they better not want to drink from it later. They claim the GPL is shaky. Following that logic, a majority of the code in Unix, for example, certainly must have been written by somebody by somebody else. If the GPL doesn't hold, according to them, then are they going to infringe on the rights of whoever actually DID write those millions of lines of code, even if they don't know who those people are?

    1. Re:Stupid SCO by Eric+Ass+Raymond · · Score: 1

      It's called "jackass logic".

    2. Re:Stupid SCO by Dan+Farina · · Score: 2, Insightful

      I don't think I understand -- a majority of the code in Unix is either from Bell labs, or lifted from a BSD project, or coded in-house. (Who *hasn't* borrowed from BSD, except possibly GPL'd stuff since the license doesn't allow that sort of contradiction)

      If you are referring to the SCO Linux offering...well, then, yeah. That makes some sense. But SCO Unix is/should be 100% propriety and no GPL'd code.

      Note I say should. Companies have a tendency to ignore that, but legally they should not be using GPL's code in Unix.

    3. Re:Stupid SCO by dasmegabyte · · Score: 1

      Uhm, no. See, the problem with that argument is that it's very humanist. Copyright law is not. If SCO's argument is found to be legally sound, and that the GPL is invalid, that means that all the programmers supporting Linux will have, essentially, been donating their work to a pirated project. Think about it: what rights do pirates have?

      Right or wrong, I'd love to see this go to trial. If for no other reason then it has the potential to greatly increase the power of the FSF, or prove that it's all been a trick to get developers to deliver work to IBM et al for free. Interesting outcomes either way.

      --
      Hey freaks: now you're ju
    4. Re:Stupid SCO by Znork · · Score: 2, Informative

      "If SCO's argument is found to be legally sound, and that the GPL is invalid, that means that all the programmers supporting Linux will have, essentially, been donating their work to a pirated project."

      No, if SCO's argument is found legally sound, then the GPL becomes invalid for SCO. That means they succeed in terminating their own rights to distribute the GPL software in question.

      As the GPL only grants you rights you dont have and places no limitations on you that copyright doesnt already place, the only thing you can accomplish by trying to challange the GPL in court is to get your own rights revoked. A not so very brilliant idea, and the reason why the GPL has not been challanged in court. You cant win. If you lose, you lose. If you win, you lose even more.

      Considering that in the cases that the FSF has been involved in GPL enforcement the violators have folded each and every time, and never dared to go to court I'd say the FSF has all the power it needs. If it requires someone as terminally retarded as Darl McBride to get a challange, then it's quite watertight.

      Still, it will be fun to watch it.

  24. Re:Is it only me by Anonymous Coward · · Score: 0

    You know.. there is one.. it's the 'caldera' topic.

  25. Re:Is it only me by Elwood+P+Dowd · · Score: 5, Informative

    Block the Caldera topic.

    --

    There are no trails. There are no trees out here.
  26. We can all invoice SCO! by EvilStein · · Score: 4, Funny

    What's the address? I figure that sending them a photocopy of my ass will be worth more than their "license" will be.
    At the very least, it'll be more entertaining. Heh.

    1. Re:We can all invoice SCO! by Anonymous Coward · · Score: 0

      Don't know about *you*, but I certainly don't want Darl wacking off to a picture of *my* ass...

    2. Re:We can all invoice SCO! by UnknowingFool · · Score: 1

      Don't forget to scrawl the words "Kiss it baby" across the picture. It adds a nice effect, don't you think?

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    3. Re:We can all invoice SCO! by Anonymous Coward · · Score: 0

      It's already there as a tattoo.

    4. Re:We can all invoice SCO! by Anonymous Coward · · Score: 0

      more abuse of the +1 Karma Bonus...

  27. Intersting Business Plan by Sir+Pallas · · Score: 0

    Sue everyone that ever innovated anything and claim that their innovations are yours. Sounds like SCO is trying to take the ball from everyone and go home. And they said they wanted to play nice!

  28. Yup, SYSV is dead by metamatic · · Score: 2, Troll

    It's a shame, I prefered many aspects of SYSV design to BSD... but now, there's no way I'd ever build anything on SYSV.

    --
    GCHQ Quantum Insert installed. If only our tongues were made of glass, how much more careful we would be when we speak
    1. Re:Yup, SYSV is dead by BOFHelsinki · · Score: 1

      Can you elaborate on those aspects? I'm genuinely interested in your informed opinion.

    2. Re:Yup, SYSV is dead by Raul654 · · Score: 1

      Can you elaborate on those aspects? I'm genuinely interested in your informed opinion.

      Are you sure you posted to the right site?

      --


      To make laws that man cannot, and will not obey, serves to bring all law into contempt.
      --E.C. Stanton
    3. Re:Yup, SYSV is dead by sg_oneill · · Score: 1

      Dude. There are plenty of differences. From there its really just a matter of preferences.

      I started off on SysV and ended up on BSD and hated it. Then after a while I loved it. Now I'm a penguinista and care less for the diff between SysV and BSD , cos there both diferent to linux :)

      --
      Excuse the Unicode crap in my posts. That's an apostrophe, and slashdot is busted.
    4. Re:Yup, SYSV is dead by BOFHelsinki · · Score: 1

      I know they are different. I was just interested in how the differences manifest themselves to somebody going from SysV to BSD -- what the differences in the approaches and details look like from a practical hands-on viewpoint. Perhaps you don't have time to post a comparo from your own experience, and I'll respect that, but can you recommend a site digging into the major Unixes from the transition angle? (Yes I'm trying to skip going thru Google's broadside.)

      [Heh, Raul, yes I'm quite sure. I've found too many good answers (usually to other people's good questions) here to take that joke for the whole story. Some signal/noise filtering is certainly required. As always everywhere.]

  29. Re:Is it only me by Sir+Haxalot · · Score: 1

    except how long has it been since the last sco story? it's been a couple weeks at least unless I missed something. But there seems to be so many of them, and I haven't found oneof them interesting. Of course I'm sure many people do find them interesting, but if it's the majority that does, I'm not too sure

    --
    I have over 70 freaks, do you?
  30. Joe Formage? by imadork · · Score: 2, Funny

    Sounds like it's going to be a cheezy article.

    1. Re:Joe Formage? by farrellj · · Score: 1

      Some people like to get to the meat of the article, I guess some prefer to get to the cheeze of the article, which is appropriate, considering the subject!

      ttyl
      Farrell

      And many appologies to Joe Firmage, I hope you don't die laughing!

      --
      CAN-CON 2019 - Ottawa's only book oriented Science Fiction Convention! October 18-20, Sheraton Hotel, Ottawa, Canada h
  31. Pro-Linux Conspiracy by zeasier · · Score: 5, Insightful

    You know what SGI is going to do if they lose their Unix lisence. The same thing IBM did, they'll start to use Linux even more in their business. SCO needs to shower their clients with gifts instead of alienating everyone Unix and Linux related. Linux seems to be faring well regardless of all this mess. Who's really getting screwed is commercial Unix.

    1. Re:Pro-Linux Conspiracy by Anonymous Coward · · Score: 0

      SCO isn't a commercial Unix company any more. Their Unix "business" is window dressing.

    2. Re:Pro-Linux Conspiracy by ebh · · Score: 2, Informative
      You know what SGI is going to do if they lose their Unix lisence.


      Not a damn thing.


      In their financials, they stated their belief that the license was non-terminable. So, even though they don't have the deep pockets of IBM, they should still wait and let a judge sort it out.


      And it's "when", not "if". I wouldn't be surprised of SCO pulled the licenses of every licensee who ever contributed anything to Linux, GNU, or any other GPL'd project, because of their asinine opinion of what constitutes a derivative work.

    3. Re:Pro-Linux Conspiracy by Anonymous Coward · · Score: 2, Interesting

      SGI's response:

      http://oss.sgi.com/letter_100103.txt

    4. Re:Pro-Linux Conspiracy by Anonymous Coward · · Score: 0

      Nope. They'll just use Winders XP

  32. Strange way to do business by terrymr · · Score: 1

    At this rate they won't have any customers left by the end of the year.

    1. Re:Strange way to do business by A+Big+Jerk · · Score: 1

      As opposed to the currently massive base of SCO UNIX customers?

      --
      >> Buy yourself some extremely long bed sheets. You'll be making an escape rope out of them very soon.
    2. Re:Strange way to do business by gl4ss · · Score: 1

      well that fits right into their plan of not having any products either! :)

      --
      world was created 5 seconds before this post as it is.
  33. SCO is fscked up by Anonymous Coward · · Score: 0

    no one is an island, soon SCO will have burned all their bridges and have nobody to do business with or to call a friend, SCO made their bed let them sleep in it...

    1. Re:SCO is fscked up by azzy · · Score: 1

      If SCO aren't an island, then they must be attached to some other 'whatever' by something other than a bridge. Even if they burn all their bridges they'll not be out of touch. Unless of course they are an island, in which case they isolate themselves.

  34. Excuse me,... but how is SGI implicated in Linux ? by Dobob · · Score: 1

    The title says it all.

    The name says Silicon _Graphic_, but when I go to their web site, their products seem only to be servers and other hardware. Also, the code fragment of SCO was about malloc(), right?

    Are they working on anything graphic? What have they gave to Linux?

    I'm a little confused.

  35. Re:Is it only me by forrestt · · Score: 1

    It was last Friday. That's two whole business days without a SCO story. (It's not like SCO would do a FUD-Raising drive on the weekend, the stock market isn't open.)

    IBM Adds SCO Counterclaim Charging Copyright Infringement
    On September 26th, 2003 with 741 comments
    linuxjack55 writes "According to Yahoo! Finance, IBM has filed yet another counterclaim against SCO, this time claiming that SCO 'infringed IBM's copyrights by...
    Section: Your Rights Online > Caldera , Linux , Unix , Software , Businesses , Operating Systems

  36. Even Barbie has a Distro by Anonymous Coward · · Score: 2, Funny

    Yesterday Mattel announced a special version of Linux would be powering its upcoming line of Barbie B-Book laptops for little girls, and also said it would indemnify all of its customers against possible legal action from SCO.

    1. Re:Even Barbie has a Distro by Anonymous Coward · · Score: 0

      That has to be a joke, right?

    2. Re:Even Barbie has a Distro by Anonymous Coward · · Score: 0

      It's not a joke, I am downloading the ISOs for BarbieOS 0.99 right now.

  37. Indemnification by TrailerTrash · · Score: 5, Interesting

    IBM has alleged that SCO copied parts of GNU/Linux into its products, such as the Linux Personality module.

    WHY ISN'T SCO OFFERING ITS CUSTOMERS INDEMNIFICATION AGAINST IBM'S CLAIMS???????

    SCO has shown that they believe that indemnifying customers over alleged violations of IP is critical to a business. Why won't they offer it themselves?

    1. Re:Indemnification by aminal · · Score: 1

      SCO actually has customers? I thought it's business model revolved around filing lawsuits against other three-letter-abreviations with the intent of improving thier stock price so thier execs could sell at a profit.

      Dont tell me they actually have customers now? Own up, who brought that Linux License?

      --
      Aminal - DRUMMS!!
    2. Re:Indemnification by linefeed0 · · Score: 1

      Well, for one thing, offering customers indemnification involves having money to pay them off if you lose your bet, or being able to take out insurance to cover it instead. Given that (a) SCO is one rug short of a going out of business sale and (b) anyone in their right mind thinks they're on shaky legal ground to begin with, possibly in both suits, this could be a massive liability for them.

    3. Re:Indemnification by zerocool^ · · Score: 1
      WHY ISN'T SCO OFFERING ITS CUSTOMERS INDEMNIFICATION AGAINST IBM'S CLAIMS???????
      ftp> cd OpenLinux311
      250-NOTICE: SCO has suspended new sales and distribution of SCO Linux until
      the intellectual property issues surrounding Linux are resolved. SCO will,
      however, continue to support existing SCO Linux and Caldera OpenLinux
      customers consistent with existing contractual obligations. SCO offers at
      no extra charge to its existing Linux customers a SCO UNIX IP license for
      their use of prior SCO or Caldera distributions of Linux in binary
      format. The license also covers binary use of support updates distributed
      to them by SCO. This SCO license balances SCO's need to enforce its
      intellectual property rights against the practical needs of existing
      customers in the marketplace.

      The Linux rpms available on SCO's ftp site are offered for download to
      existing customers of SCO Linux, Caldera OpenLinux or SCO UnixWare with
      LKP, in order to honor SCO's support obligations to such customers.
      250 CWD command successful.
      They are, more or less. All SCO customers have a SCO licence automatically, which SCO claims to own entirely, and legally.

      ~Will
      --
      sig?
    4. Re:Indemnification by Anonymous Coward · · Score: 0

      That SCO license is specifically for using SCO's IP in Linux (whatever it is). It's not for using IBM's or anyone else's IP in Linux.

  38. Grab your popcorn! by beldraen · · Score: 4, Interesting

    It's only going to get weirder than this, now. I was asked once why a colleague was always causing problems. It seemed impossible to figure out why he did what he did. My comment was--you're assuming there is a real purpose behind his actions. Sometimes, people simply operate at a level above their intellectual capacity and what you take for malice is merely an inability to comprehend the consequences of their actions. So far, in my humble opinion, McBride has acted rationally within the precepts of his beliefs. For whatever reason, he believes that he owns the very concept of Unix; therefore, he will do whatever he can to make that appearance occur. He will open his company to lawsuits (tying up his goal to owning all of Unix) if he attempts to bills; therefore, they've changed their view again. This is called cognitive dissidence in psychology--bring your attitudes inline with your actions when your original attitudes contradict acted behavior. The old "given a choice between changing one's mind or proving you don't have to, nine times out of ten people get busy on the proof." My guess is that they're diligently working on the suits for a bunch of other people (continue scare) and digging up all they can on the history of Unix to attempt to pervert it even more (continue fud). And, they have to kill BSD as a loophole for source; otherwise, they're in deep doo-doo in court since it seems they didn't realize that what they took is from BSD. On the other hand, they could do something completely different. Just because they are rational with in their beliefs, doesn't mean they're predictable; hence, grab some popcorn for your morbid curiosity and watch, like I am. Hell, it's better than anything on Fox. :o)

    Bel, the mostly sane..

    --
    Bel, the mostly sane.. "Of course I can't see anything! I'm standing on the shoulders of idiots." -- Me
    1. Re:Grab your popcorn! by Anonymous Coward · · Score: 0

      I am not sure how Darl's actions are related to the cognitive dissonance theory. His behavior seems inline with his attitude already.

      Although to an observer his "evidence" is contradictory and his logic is circular, his attitude and behaviour nevertheless have been constant. There is no discrepancy -- he has deluded himself into believing his cause, and his actions have been to force everyone into accepting them from the outset.

    2. Re:Grab your popcorn! by Anonymous Coward · · Score: 0

      it's "cognitive dissonance" not dissidents.
      and it refers to the state of mind when you realize
      that there is a difference between your actions and
      beliefs, or between one belief and another, and a
      few other states of mind. a few results can be:
      denial, change of actions, or change of beliefs.

    3. Re:Grab your popcorn! by Anonamused+Cow-herd · · Score: 1
      This is called cognitive dissidence in psychology--bring your attitudes inline with your actions when your original attitudes contradict acted behavior.

      Actually, that's cognitive dissonance, which actually refers to the desire to make beliefs align. The phenomenon of having out-of-sync beliefs is cognitive dissonance, the attempt to resolve that dissonance is just that: resolution.p

      --
      -----[0_o]-----
      We are not amused.
    4. Re:Grab your popcorn! by beldraen · · Score: 1

      You are correct. My bad for not paying closer attention to the spell checker. =)

      Bel, the mostly sane..

      --
      Bel, the mostly sane.. "Of course I can't see anything! I'm standing on the shoulders of idiots." -- Me
    5. Re:Grab your popcorn! by FurryFeet · · Score: 1

      And, they have to kill BSD...

      Except, as we all know, BSD is already dead...

    6. Re:Grab your popcorn! by OscarGunther · · Score: 1
      Or, rather, cognitive dissonance.

      But the idea of cognitive dissidence, which implies a brain at war with itself, seems fitting in SCO's case.

    7. Re:Grab your popcorn! by Anonymous Coward · · Score: 0

      I'm a former employee of Vultus (purchased by SCO earlier this year) and the inventor of one of their main technologies. I spent two months trying to decide if Darl was a liar or just a fool. After meeting the man, shaking his hand and looking him in the eye, I can say without hesitation: he is both. Never in my 20 yrs of sw development have I met a snake more full of lies than this man.

    8. Re:Grab your popcorn! by quietlysubversive · · Score: 1

      he said, dissidence which is significantly different from dissidents, although you are correct by stating that dissonance is the appropriate word.

      --
      ----(o)----
    9. Re:Grab your popcorn! by swillden · · Score: 2, Interesting

      I was asked once why a colleague was always causing problems. It seemed impossible to figure out why he did what he did. My comment was--you're assuming there is a real purpose behind his actions. Sometimes, people simply operate at a level above their intellectual capacity and what you take for malice is merely an inability to comprehend the consequences of their actions.

      And sometimes, people are simply nuts. And it happens a lot more often than most would expect.

      A good friend of mine and I have worked at several different companies together, including a couple of startups at which all sorts of insane and imposssible-to-explain things happened. We were also commuting together, so we spend a full 90 minutes every day jointly wracking our brains and trying to figure out just what deep, nefarious plan they were executing, because clearly it had to be very devious, full of misdirection, based on the seeming irrationality of their actions.

      Then one day, it dawned on us: Their actions *were* irrational. Period. After I understood the idea that a certain percentage of otherwise successful people are actually crazy in minor but occasionally significant ways, I began to recognize what was really going on in all sorts of odd situations.

      And I also noticed that sane, levelheaded people tend to assume, a priori, that their colleagues, coworkers, bosses, etc. are similarly rational. 98% of the time, they're right, but that 2% can really mess with your head.

      In one of the situations I mentioned, we found very clear evidence of the individual's instability when we discovered some of his forgotten writings left in a desk we were given to use. I'm a religious guy and believe in visions and revelations, for certain times and certain purposes, but the notion that this dweeb had been told by God Himself to start this company to do God's Work just made me bray like a donkey.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    10. Re:Grab your popcorn! by anthonyrcalgary · · Score: 1

      "And, they have to kill BSD as a loophole for source; otherwise, they're in deep doo-doo in court since it seems they didn't realize that what they took is from BSD."

      That would be very, very difficult. The rights that SCO is trying to work with are the same ones USL (aka AT&T/Novell) tried to use in the BSD lawsuit, which USL settled when BSD code was found in UNIX without the copyright notice. In the settlement, all the BSD's had to go back to an older code base and rewrite a few files, but according to the settlement, after they did that they were clean.

      If SCO goes after them, it'll be useless because they've all still got the clean code, but SCO's still using the dirty code.

      --
      When someone might yell at me, it has to be OpenBSD.
  39. Joe's got a great letter but... by i_want_you_to_throw_ · · Score: 4, Interesting

    he might be viewed as bit of a nut job.

    You might be interested in reading this article at MetroActive.com

    Excerpt:
    In the chapter "My Contact," Firmage writes that in the white-hot weeks leading up to USWeb's IPO, a year ago, he was awakened by his alarm at 6:10am one morning but then he decided to hit the snooze instead of going to the gym.

    "A remarkable being, clothed in brilliant white light, appeared hovering over my bed in my room," he writes. "Out of him emerged an electric blue sphere, just smaller than a basketball, which was swirling with what looks like electrical arcs. It left his body, floated down, and entered me."

    Firmage soon founded the International Space Sciences Organization with $3 million of his own money to administer a project he called "Kairos," a Greek word meaning "the right moment" or "a critical time." Firmage believes we live in a "kairos" in which humanity is finally advanced enough to comprehend alien beings.

    Not that Joe is wrong but this is just another interesting insight into this guy.

    I loved the point he made about what if Physics, etc were developed based on proprietary interests. zinnnnnnnnnnnnng!

    1. Re:Joe's got a great letter but... by theCat · · Score: 1

      The question about what would happen to Physics if it had been proprietary is well known because it happened. For centuries the study of nature in the Western world was controlled by the Christian church. Chemists of the day were burned at the stake, Galileo was persecuted, and the earth was the center of the universe. And where did it all get us? Absolutely nowhere, not even to solidify the political power of the Church. When the disadvantages of Church dogma started dragging things down the church lost its grip on such study, and only then did serious work in hard science really take off. Yet if you needed any indication of how keenly felt was the loss, the church even now meddles in the teaching of these subjects to new generations.

      Now technolgy is in the hands of the Church of the Closed Source? For a while, maybe. But the particular Imp Perverse that is technology won't stay bottled up for long. And like the Vatican, the proprietary technology vendors will look just as backward and ill-serving even of their own interests when the historians set about recording what happened.

      --
      =^..^= all your rodent are belong to us
    2. Re:Joe's got a great letter but... by Anonymous Coward · · Score: 0

      I hate to break it to you, but if you scratch
      beneath the surface of even the most succesful,
      respected,intelligent people you have even odds of discovering that they have at least one incident of flakiness.
      People assume their is a high correlation of
      certain positive attributes, but under close
      scrutiny thatt breaks down.
      Example former CNN legal analyst Greta van Sustern strikes me as pretty sharp is a Scientologist.
      And then there are the Jesuits famed for having razor sharp minds yet a case can be made that their core religious beliefs have no more validity than the Easter Bunny. But they are sharp and will in all likelyhood trounce you in intellectual combat.

      So the fact tht Joe saw the white light detracts not one bit from his concise and lucid analysis of
      the sleazy disgrace that is SCO.

    3. Re:Joe's got a great letter but... by Bendebecker · · Score: 1

      Joe SCO is insano...

      --
      There's a growing sense that even if The Future comes,
      most of us won't be able to afford it.
      -- Lemmy
    4. Re:Joe's got a great letter but... by thirdrock · · Score: 1

      For centuries the study of nature in the Western world was controlled by the Christian church. ....[snip] When the disadvantages of Church dogma started dragging things down the church lost its grip on such study, and only then did serious work in hard science really take off.

      Now technolgy is in the hands of the Church of the Closed Source? For a while, maybe. But the particular Imp Perverse that is technology won't stay bottled up for long. And like the Vatican, the proprietary technology vendors will look just as backward and ill-serving even of their own interests when the historians set about recording what happened.


      Great post!

      Despite the renaissance and the industrial revolution, the Church was still extremely powerful and influential on thought until the introduction of public education, which resulted in instruction in mathematics and the sciences for the general public.

      Only after the majority of people were taught maths and science did the Church's influence begin to wane (except in the US, where there seems to be a religious revival. Oh, the irony of using 'smart bombs' in a religious crusade, but I digress).

      Similarly now with computers and computer software. Most people don't have the slightest clue how anything on their computer works, and so need to rely on 'oracles' and 'high priests' from the proprietary software companies.

      I think the solution to this is to get open-source software into all schools, and begin teaching children about computers as early as possible. In addition to this, adults need great teaching materials that are easy to understand on topics such as operating systems and programming. These need to be freely available on the internet and easily searchable.

      Education will solve the problem a lot faster than evangelisation.

      --
      >>
      I am the director, and this is my movie ...
    5. Re:Joe's got a great letter but... by forgotmypassword · · Score: 1

      I loved the point he made about what if Physics, etc were developed based on proprietary interests. zinnnnnnnnnnnnng!

      then the transistor would get invented

      and we could all afford personal computers that are smaller than a room

      no, wait

      that's crazy talk

    6. Re:Joe's got a great letter but... by Anonymous Coward · · Score: 0

      > Chemists of the day were burned at the stake...

      Name one.

  40. Re:Dictionary, anyone by raygundan · · Score: 2, Informative

    Go home, silly troll. Please take notice of the synonym listed at the bottom of this Merriam-Webster definition of the word "supplant" on your way. (emphasis mine)

    Main Entry: supplant
    Pronunciation: s&-'plant
    Function: transitive verb
    Etymology: Middle English, from Middle French supplanter, from Latin supplantare to overthrow by tripping up, from sub- + planta sole of the foot -- more at PLACE
    Date: 14th century
    1 : to supersede (another) especially by force or treachery
    2 a (1) obsolete : UPROOT (2) : to eradicate and supply a substitute for b : to take the place of and serve as a substitute for especially by reason of superior excellence or power
    synonym see REPLACE

  41. Darl by LCookie · · Score: 1

    *sigh* Every day SCO.. Would somebody please kill Mr McBride? But seriously, after SCO is all dead and forgotten Mr McBride will go on with his life like nothing happened, I sure hope nobody will give this cheap ass another job with responabilities since he obviously lost his mind!

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

      "Would somebody please kill Mr McBride? But seriously,... " You mean you don't want McBride killed ? Really ?
      I'd like to see him buried alive in a coffin together with a few bucketloads of worms, roaches, and other disgusting creatures (like McBride).

      I'd buy myself an airplane ticket to the US, just so I could shit on his grave.

    2. Re:Darl by Smiling_Jack · · Score: 1

      I think that's sorta the point. If life unfolds according to the Blessed Word of Darl, the man will have sold off his inflated options, and left the smoldering ruins that will be SCO in his wake as he skips to the bank. He won't have to get a job: he can afford to wreck companies for free.

  42. Formage? by mrphrtq · · Score: 1

    Joe Formage is so...almost cheese.

    --

    "Life has improved immeasurably since I have been forced to stop taking it seriously." - Hunter S. Thompson
  43. Re:fp NIGGERS by Anonymous Coward · · Score: 1, Insightful

    Actually most people ARE racist deep inside. Tribalism is inherent to human behaviour. Most people are just civilised enough to move beyond that.

  44. Hold on a second. by Anonymous Coward · · Score: 0

    You're starting to believe SCO's propaganda, stop it.

    SCO DOES NOT OWN UNIX.

    There's nothing for them to terminate, and they have absolutely no legitimate leverage over SGI.

  45. no incoices.. translation by Elminst · · Score: 2, Insightful

    [blockquote] "Since the response to its appeal was adequate, SCO didn't send bills to thousands of Linux users," company spokesman Blake Stowell said.[/blockquote]

    Translation-
    "Since we made enough money off the dumb suckers who actually paid us, SCO didn't send bills to thousands of users who might be smart enough to sue us," company spokesman Blake Stowell said.

    --
    No unauthorized use. Trespassers will be shot. Survivors will be shot again.
    1. Re:no incoices.. translation by Error27 · · Score: 1

      Yup. Two anonymous licensees. The first was an anonymous fortune 500 company that paid $2000. The other was a smaller company which paid an secret amount.

      They're raking it in with those fake envoices.

    2. Re:no incoices.. translation by idontgno · · Score: 1
      You've hit on the critical point: SCO never defined "adequate". I'm guessing "complete hostile disregard" is now definition #1 for the word "adequate" in the SCO dictionary.

      It's a new marketing and PR paradigm! An "adequate market response" means 0% mind share and 0 units moved. An "adequate military response" is abject surrender. (I publicly refrain from France jokes at this point.) "Adequate braking" is brake failure. "Adequate sexual satisfaction" is what most /.ers experience.

      --
      Welcome to the Panopticon. Used to be a prison, now it's your home.
  46. Yeah well by Anonymous Coward · · Score: 1, Funny

    The way I see it, an attack on one member of the Open Source community is an attack on all of us. This is like the director (?producer, someone else) of Gigli getting quoted as saying "I've seen worse movies [than Gigli]" They must really believe this. If Chewbacca lives on Endor, you must acquit! Could you please translate this for those of us that smoke crack?

    1. Re:Yeah well by The+Lynxpro · · Score: 1

      "The way I see it, an attack on one member of the Open Source community is an attack on all of us."

      What's this? The Open Source community emulating NATO's mutual defense treaty clause? Someone, get me the Supreme Allied Commander on the phone! :)

      --
      "Right now, somewhere in this world, Scott Baio is plowing a woman he doesn't love," - Peter Griffin, *Family Guy*
  47. I think this explains it better by Anonymous Coward · · Score: 0

    Under the General Public License on which are narrowly drawn and controlled by SGI. SCO at its Unix intellectual property claims that our fully paid license to terminate its Linux is likely to Linux operating system. The case against SCO, all derivative works of copying and had been handed to comment any time - even though it was available under which we have a memo last week. "Most indemnities are central to urge IBM for $3bn for $3bn for its customers. We continue to other code, under strict conditions of the basis that the System V license was also named in SCO has breached the press, we have a motion with regard to Linux in Utah asking for $3bn for breach of Unix vendor intends to the payroll of Unix licenses of open source BSD license to the SCO Group's allegations are without SCO's case against IBM said it had infringed IBM's own contributions to other code, under the SCO Forum event in its annual report. SCO is the Unix System V has so far refused offer Linux in August when it was licensed to the XFS journaling file system without merit and then contributed that code had infringed IBM's own contributions to build a memo last week.

    "Most indemnities are central to license on the vitality of the open source community with other than the court in a motion with SCO, has received a material adverse effect on the System V code owned and had identified as being part of the XFS journaling file system without SCO's notice from its long-running claims will not impair the GPL is based. IBM to Silicon Graphics Inc that this week that one million lines of IBM is likely to Linux is based. IBM said the basis that a notice from SCO Group's allegations are often invalidated by press time. Meanwhile, SCO Group Inc that code base, and that the basis that Linux operating system. The move against SGI is non-terminable. Nonetheless, there can avoid providing software indemnification for its intention to Linux, including the Linux operating system."

    A move against SGI declined to the fact that the Linux in its own contributions to code from copyrighted System V license on SGI, or that it was licensed to terminate our Irix operating system, on the company. "By so far refused offer Linux in Mountain View, California-based SGI's annual 10-K filing. "We recently received notice from Linux is not escalate into litigation, which to code owned and had been handed to amend its Unix licenses of copying and add parties. The case is also filed a notice to be settled any case. "Nothing can avoid providing software indemnification for more information about its long-running claims will not expected to trial until February 4, 2004 - even though it had infringed IBM's own Linux operating system, on SCO's permission. SGI has been removed from copyrighted System V has received a legal case," said IBM is non-terminable.

    Nonetheless, there can avoid providing software indemnification for its Unix System V should be settled any time soon. SCO Group Inc says that we distribute our fully paid license was revealed in a swing at its long-running claims that the payroll of its Unix code had identified as part of IBM is also hit back at its customers. We continue to terminate SGI's annual report. SCO Group's intellectual property claims will not SCO, once again taking a Linux developer on the XFS journaling file system developed by press time. Meanwhile, it can change the open source leader Bruce Perens said earlier this dispute with other than the fact that SGI is a notice from its own contributions to provide legal controversy between the market acceptance of licensees' contracts with SCO claims that SCO has not look like SCO's case is a material adverse effect on which it was clean code had been copied into litigation, which are often invalidated by copying and controlled by copying and therefore not expected to the statement made by SGI," McBride wrote. SGI is not impair the indemnified product with SCO, all derivative works of Silicon Graphics under the fact that the payroll of the terms of System V code had infringed IBM's own contr

    1. Re:I think this explains it better by Anonymous Coward · · Score: 0

      We at SCO plan to sue you for using our protected IP for generating meaningless drivel for the media. It is obvious through several text-comparison algorithms that the code that you used is derived from ours.

      However, we will offer a license for $699 for a limited time that fully indemfifies you against recieving such drivel in future.

  48. Uh, that's been a rumor since about 1987 by glrotate · · Score: 1

    Yet it never happened.

  49. EXTRA EXTRA by Anonymous Coward · · Score: 0

    SGI says "neener neener" to SCO and makes a face! From the nobody-cares-anymore dept.

  50. Mor[m]ons are buying. by eddy · · Score: 3, Interesting

    Word is that the Salt Lake Tribune(?) published one of those "SCO -- which is a 'best performing stock' with +800% -- is run by nice Mormons, IBM is the evil Goliath"-articles today.

    --
    Belief is the currency of delusion.
    1. Re:Mor[m]ons are buying. by LMariachi · · Score: 5, Informative
      Here it is.

      The state's best performing stock belongs to SCO Group Inc., the Lindon-based software developer locked in legal disputes with IBM Corp. and Red Hat Inc. over allegations that parts of the Linux operating system are identical to SCO Group's Unix program. SCO Group's shares are up 854 percent so far this year. "We have become much more aggressive this year in protecting our intellectual property," SCO Group spokesman Blake Stowell said. In addition, SCO Group reported its first-ever profits during the past two quarters and expects to report another profit next quarter. "We've also announced some big licensing deals," Stowell said.

      There's also a dryer, less rah-rah note on the filing for extension here.

    2. Re:Mor[m]ons are buying. by TopShelf · · Score: 2, Informative

      There's a small snippet in here, but it doesn't really meet the characterization you noted. It's more like basic newspaper reporting - a couple facts, a couple quotes, more a note about stock performance than anything else...

      --
      Stop by my site where I write about ERP systems & more
    3. Re:Mor[m]ons are buying. by kingbill · · Score: 2, Informative

      Others hava already shown the snippett from the article and commented on how you've mischaracterized the information, but I thought I'd also point out that "The Salt Lake Tribune" began as a reaction against "The Deseret News", the latter being owned by the LDS church. For the first fifty or so years of its existance, the Tribune was a decidedly anti-mormon publication. The LDS church no longer owns the Deseret News and the tribune has mellowed, but it's still not a paper you'd turn to for a pro-mormon perspective on anything.

    4. Re:Mor[m]ons are buying. by JordoCrouse · · Score: 5, Informative

      Here is a very slanted view of the Canopy Gropu published this past Sunday:

      Littl Tech Titan

      I'll let you reach your own conclusions.

      --
      Do you have Linux and a DotPal? Click here now!
    5. Re:Mor[m]ons are buying. by TopShelf · · Score: 1

      Now THAT was hilarious! One can only assume that the "very high paying jobs" were for IP lawyers. This was surely the article referred to above, although they ought to have titled it, "the Little Litigators That Could."

      --
      Stop by my site where I write about ERP systems & more
    6. Re:Mor[m]ons are buying. by cornice · · Score: 4, Interesting

      the Tribune was a decidedly anti-mormon publication

      As a Utah transplant I would characterize the "The Trib" simply a less pro-mormon publication. I wouldn't thik it's possible to have the circulation that The Trib has and be anti-mormon. I can't speak for the first 40 years of its existance but displaying a shred of balance is far from what I would call anti-mormon.

      I also would characterize the Trib's coverage as pro SCO. Headlines and first paragraphs consistently tell SCO's side while the very end of an article will have a couple quotes from the other side. I can easily see how someone who wants to invest in good clean profitable Utah companies could read the Trib and fall for the SCO point of view.

    7. Re:Mor[m]ons are buying. by Anonymous Coward · · Score: 0

      I fail to see the Mormon connection in the story. It simply mentions that SCO's stock is the best-performing stock in Utah. It also mentions the lawsuits, and has a feel-good quote from Mr. Stowell.

      What is your intention in connecting Mormonism with SCO? Guilt by association?

      Sounds like a SCO tactic to me.

    8. Re:Mor[m]ons are buying. by bstadil · · Score: 0, Flamebait
      I hope you are right.

      If true why would I or anybody else, care if it is a Pump and Dump scheme.

      It's a zero sum game inside a group of Mor(o)ons.

      --
      Help fight continental drift.
    9. Re:Mor[m]ons are buying. by kingbill · · Score: 1

      I thought I'd addressed your first concern in my original comment. I said they were anti-mormon for the first fifty years or so of their existance and that they had mellowed. I'll clarify my language for your sake. The Tribune has become a very respectable and reasonably unbiased source for the news in my opinion. I brought up their history in response to the original comment which seemed to characterize the paper as being slanted toward the LDS church. That is a characterization which I believe to be unsupportable. As to the Tribune's overall reporting on the SCO debacle, I'm unqualified to comment as I've been out of Utah and I've not taken the Tribune for some years. I looked up the article, because upon reading the original posters comment, I thought that his characterization would be a very odd position for the Tribune to take. On reading the article, I found that he was representing their position inaccurately, and that, in fact, the religion of SCO executives was not even mentioned. I posted in order to explain why I was originally skeptical while reading the parent post.

    10. Re:Mor[m]ons are buying. by LWATCDR · · Score: 1

      Where does it say that the company is run by nice Mormons? Where does it say that IBM is the evil Golith? This is all the artical says about SCO.

      The sad thing is it is 100% the truth about SCO. SCO stock has gone up and up. It should not but it is. When they loose this case I hope the FTC look into possible stock manipulation. What happened is someone said hey lets write an artical on the best performing stock in our state. SCO is one of them and they called SCO and asked, "Why are you doing so well?" The same thing would have happened in just about anywhere. I hate SCO as much as the next person but this Mormon bashing just too much. No one bashed OSC when there was a slashdot artical about his views on file sharing.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    11. Re:Mor[m]ons are buying. by Anonymous Coward · · Score: 0

      If SCO wins, I'll convert.

    12. Re:Mor[m]ons are buying. by LMariachi · · Score: 1
      I didn't say anything at all about Mormons.

      However, there may be some rooting-for-the-home-team involved in boosting the stock that one wouldn't find with a Presbyterian-run company. Face it, there's a much stronger correlation between Utah companies and Mormons than there is between, say, New York companies and Jews, so the implication of being the number-one Utah company is being also the number-one Mormon company.

    13. Re:Mor[m]ons are buying. by Anonymous Coward · · Score: 0

      I missed the Mormon reference. What line is it on, again?

      Utah is a fairly tech-savvy place. Even within the Canopy group, the overwhelming opinion is not formed in ignorance. Tech people understand that SCO is up in the night.

      If you talk to the 10,000s of techies from CA, Ebay, About.com, Novell, LinuxNetworx, Verio, etc. that work within 20 miles of SCO Headquarters, you will see that they have a poor opinion of SCO. SCO employees (and Canopy employees) have been finding other employment left and right.

      Or, you could read the newspaper columnist who is clueless. I guess that would be easier.

    14. Re:Mor[m]ons are buying. by yelvington · · Score: 2, Informative

      If you have issues with it, here's how to submit a letter to the editor or a longer op-ed piece:

      http://www.sltrib.com/help/forum.asp

    15. Re:Mor[m]ons are buying. by belthezar · · Score: 2, Funny

      Hahah that was hilarious!

      When I was reading all the lists of Canopy's great accomplishments, in my head the voice I used was from Back to the Future 2 where Marty comes upon Biff's huge hotel and there is a video playing about all the amazing and great things Biff had done for the country. For some reason that voice just fit in perfectly ... If you don't recall that scene, this will make no sense - but I trust most of us have seen this movie a few times ;)

    16. Re:Mor[m]ons are buying. by Anonymous Coward · · Score: 0

      windows lindows lindon linux I can't keep track anymore! aah! pick a distinct name or something!

    17. Re:Mor[m]ons are buying. by farquharsoncraig · · Score: 1

      That is true, nevertheless the Salt Lake Tribune is famous for "the Mormons make my life so miserable" diatribe and are giddy to imply lots of stuff against the foolish Mormons. I would never look to the SL Tribune for objective news or journalism. I know because I have lived most of my life in/near SLC.

    18. Re:Mor[m]ons are buying. by LWATCDR · · Score: 1

      Since I am a Mormon and I would personaly like to drag the head of SCO through mound of broken glass by his soft and dangly bits I would say no. I also think he is the scum of the earth and a liar. I have thought this for a long time. I am sad to see Caldera be taken over this pack of creeps. SCO is not the number one Utah Company its stock just went up more than any other Utah based company. As far as the number one Mormon company, Mormon run that is not even close that would have to be Marriot or maybe Albertson's Supermarkets. Using that actions of on to condem other of there race, religion. or nationality is the act of a bigot. All Mormons are not alike and the do not all think or act a like.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    19. Re:Mor[m]ons are buying. by LMariachi · · Score: 1

      You're replying to the wrong person. I didn't condemn anybody. I had a Mormon roommate and am well aware that you are not all the same. Take it up with the parent of this thread.

    20. Re:Mor[m]ons are buying. by erat · · Score: 1

      I see you've learned how to karma-whore on Slashdot: you have an obvious anti-SCO sentiment, you've made a negative comment about Mormons, and you've implied the presence of a conspiracy.

      Bravo, m'boy!

      The fact that your post is not only clueless but is also inflamatory doesn't mean dick (the subject of the article is stock price, not the merits of how the company is being run)... As long as you maintain your anti-anything-in-Utah theme you'll be fine.

  51. Re:Excuse me,... but how is SGI implicated in Linu by ColaMan · · Score: 2, Informative

    The XFS journalling filesystem was developed by them, for one thing.

    Check out their OSS page for things they have their finger in.

    --

    You are in a twisty maze of processor lines, all alike.
    There is a lot of hype here.
  52. Stock gains are no problem by Anonymous Coward · · Score: 0
    I believe, SCO's stock gains are no problem...

    It seems, Mr. Alan Greenspan is dying...

    If that proves to be true, stock gains will be no problem at all to the USA... Never again...

  53. Re:SCO derides GPL by Anonymous Coward · · Score: 0

    YES, another SCO STORY!!! w00t!

  54. JFC by Anonymous Coward · · Score: 0

    Jesus Fucking Christ.

    I grow weary of this shite.

  55. Re:Excuse me,... but how is SGI implicated in Linu by Anonymous Coward · · Score: 0

    They open sored their xfs filesystem, a journaled loonix based filesystem. Wank! Wank! Wank! Argh! Soo good!

  56. Open Science by Lipongo · · Score: 1

    In the article written by a former member of Novell, its a very good point that he states concerning open science and source. Think of gravity, can you imagine if we weren't all free to uinderstand the princples of it. We'd probably be spending alot more time on the ground, no space travel, worst of all, crowded highways(this is provided that the internal combustion engine was shared).

    --
    -Certified TechnoWeinie
  57. Response To SCO's Appeal by Our+Man+In+Redmond · · Score: 1

    Since the response to its appeal was adequate, SCO didn't send bills to thousands of Linux users, company spokesman Blake Stowell

    Apparently an adequate response to their appeal involved derision, shouting, vilification and references to various fraud statutes, but no actual money. How odd.

    --
    Someone you trust is one of us.
  58. Not recognizing GPL is bad for SCO by mike449 · · Score: 4, Insightful

    In this case they can not redistribute any GPL software without prior authorization of its copyright holders. If they distribute it and deny the GPL legal status, they open themselves to copyright infringement suits from thousands of companies and individuals. These suits will not mention GPL at all.

    1. Re:Not recognizing GPL is bad for SCO by Anonymous Coward · · Score: 0

      I think sco is claiming that they cannot release code under the gpl without releasing it into the public domain. Once it is in the public domain the gpl no longer matters. Sounds stupid to you and me but I think thats the argument.

  59. Re:Excuse me,... but how is SGI implicated in Linu by Blob+Pet · · Score: 1

    SGI developed XFS which is in the linux kernel.

    --
    "...today consumers have been conditioned to think of beer when they see a bullfrog..."
  60. Getting even? by Anonymous Coward · · Score: 0

    Just a thought here:
    What if we all went out and bought 1 share of SCOX, and once SCO has passed on, file a class action suit against the management?

  61. Yeah by Anonymous Coward · · Score: 2, Funny
    And when that happens I can finally get some work done instead of constantly refreshing the Slashdot homepage for the next SCO story!!

    Not that I do that. No. I don't sit there constantly refreshing the slashdot homepage.

    Must...Resist...Temptation....

  62. Re:Excuse me,... but how is SGI implicated in Linu by Anonymous Coward · · Score: 0

    You're kidding, right? http://oss.sgi.com/projects/

  63. Re:Excuse me,... but how is SGI implicated in Linu by Anonymous Coward · · Score: 1, Informative

    Oh, nothing important, just the odds and ends at

    www.sgi.com -> developers -> open source

    SGI Open Source Project List

    The following projects have either originated within SGI, have SGI employees coordinating the development and maintaining the master trees, or have SGI employees as significant core contributors.

    Linux(R) Kernel Work
    SGI ProPackTM for Linux (contains kernel work and other packages)
    CpuMemSets (Processor and Memory Placement)
    KDB (Linux kernel debugger)
    Kernprof (Kernel Profiling)
    Lockmeter (Linux kernel lock-metering)
    NUMA (NUMA support in Linux)

    Linux Resource Management Work
    CSA (Comprehensive System Accounting)
    PAGG (Process Aggregates)

    Filesystem & Storage Work
    Linux FailSafeTM (SGI FailSafe for Linux)
    XFSTM (High Performance Journaling File System)
    fam & imon (File Alteration Monitor and Inode Monitor)

    Graphics Projects
    OpenGL Performer (High-Performance 3D Rendering Toolkit)
    GLX (OpenGL extensions to X)
    OpenGL(R) Sample Implementation (Standard Cross-platform 3D and 2D Graphics API)
    Open InventorTM (object-oriented toolkit for interactive 3D graphics)

    Digital Media Projects
    Audio File Library

    Other Projects
    PCP (System Performance Monitoring and Management Framework)
    LKCD (Linux Kernel Crash Dumps)
    ob1 (Sample Implementation of a Trusted Operating System)
    LTP (Linux Test Project)
    Rhino (Infrastructure for System Administration Applications)
    Mozilla (also see SGI Freeware)
    SGI(R) Histx 1.0 (software installation for SGI ProPackTM 2.1 or later)

  64. Re:Excuse me,... but how is SGI implicated in Linu by Myrv · · Score: 1


    For one thing, SGI donated the XFS filesystem to Linux which is a vital part of some Linux enterprise level deployments.

    To see further contributions by SGI you can go here:

    http://oss.sgi.com/projects/

  65. SCO flings poo by aynrandfan · · Score: 2, Funny

    This just in . . .

    SCO flings poo. Film at 11.

    BREAKING NEWS

    The author of this post has just been issued a lawsuit by SCO. Apparently, SCO has claimed copyright to the word "poo." "Shit," "crap," and "dung" appear to be next on SCO's list.

    foo!

    --

    ----

    "Ours was a free culture. It is becoming much less so."-Lawrence Lessig

    1. Re:SCO flings poo by sharkey · · Score: 1
      "Shit," "crap," and "dung" appear to be next on SCO's list.

      IN SOVIET RUSSIA, SHIT IS ON THE SCO LIST!

      --

      --
      "Outlook not so good." That magic 8-ball knows everything! I'll ask about Exchange Server next.
    2. Re:SCO flings poo by theonetruekeebler · · Score: 1
      Oh, to be on SCO's shit list...

      In other news, SCO leapt from behind a bush and yelled "BOOGA BOOGA BOOGA!" at some schoolchildren in hopes they would throw their lunch money down and run away.

      --
      This is not my sandwich.
  66. /. and SCO by xanadu-xtroot.com · · Score: 4, Interesting

    OK, this is getting a bit obvious (to me, anyway).

    There's an article refering to SGI's stuff (The Linux in Hollywood one) this morning and now McBride starts pointing a finger at them too. I wonder how many SCO FUD Spinners read /. waiting to see who to go after next.

    /me grabs his tin-foil hat (and continues to play with the 2.6 RC...).

    --
    I'm not a prophet or a stone-age man,
    I'm just a mortal with potential of a super man.
    1. Re:/. and SCO by Hektor_Troy · · Score: 1

      Well, I heard neat things about Microsoft working together with the CIA, NSA and the Russian Mafia to create a cool new Workstation OS ...

      --
      We do not live in the 21st century. We live in the 20 second century.
    2. Re:/. and SCO by platypus · · Score: 1

      I wonder how many SCO FUD Spinners read /. waiting to see who to go after next.

      We'll find out when they start filing duplicate press releases or lawsuits.

    3. Re:/. and SCO by lspd · · Score: 1

      There's an article refering to SGI's stuff (The Linux in Hollywood one) this morning and now McBride starts pointing a finger at them too. I wonder how many SCO FUD Spinners read /. waiting to see who to go after next.

      In this case, it seems pretty obvious SCO is digging through slashdot looking for anything that tends to back up their arguments. They prune away any mitigating factors or uncertainty and hold out the argument as a proven fact. A couple of assert() statements in ate_utils.c may be from SysV, but the overwhelming majority of this code was released for BSD style use in 2002. SCO refuses to acknowledge ANY mitigating curcumstances.

      I would strongly suggest that if anyone finds anything new that tends to support SCO's claims, take it off Slashdot. SCO is not going to pay you for making their case. They don't care about helping the Linux kernel team move beyond these IP issues. They seem hell bent on obscuring the truth.

      If you have some interesting counterpoint to something Bruce Perens, ESR, or Linus says, email them. They all seem eager to discuss arguments for or against SCO. If you find questionable code in the Kernel, contact one of the Kernel maintainers in private.

      I strongly believe in the Debian philosophy of being open about problems, but this whole sad saga leading into a lawsuit against SGI shows that you have to remember, sometimes there really are selfish bastards hiding in the background plotting against you.

      SCO could have easily taken the high moral ground by letting these trivial code snips slide. Instead they want to sue over code that has been freely and widely distributed for 20+ years. XFS is a non-issue. It will end up just like the BSD trial with the judge narrowing the scope of claims down to the six questionable functions that SGI has found.

    4. Re:/. and SCO by cduffy · · Score: 1

      OTOH, if SCO's "evidence" is debated and publicly debunked, that provides more (and easier-to-access) ammo for those who'll be opposing them both in court and in the arena of public PR.

      They're going to be able to twist the more gullible media and investment types no matter what -- might as well have the rest of the discussion out in public too, such that those serious about understanding what's *really* going on have access to all the relevant information involved.

  67. Oh well by wumpus188 · · Score: 1

    There's always *BSD.

    1. Re:Oh well by red+floyd · · Score: 1

      Nah... *BSD is dying (see note 1).

      Besides, SCO has said that it may sue *BSD as well, so you're not safe from frivolous lawsuits!

      (note 1): yes, for those of you who are humor impaired, this is a joke.

      --
      The only reason we have the rights we have is that people just like us died to gain those rights. -- Cheerio Boy
  68. Must be time... by Malcontent · · Score: 1

    Must be time for some SCO execs to sell stock then.

    --

    War is necrophilia.

    1. Re:Must be time... by turambar386 · · Score: 2, Informative

      It's always time to sell stock!

  69. RICO, anyone? by Anonymous Coward · · Score: 0

    It strikes me that what SCO is doing in threatening to send "invoices" to Linux users is pure, unadulterated racketeering. "Pay us kilobucks because we say so, or else we'll haul your sorry a** into court". And what do you get for those kilobucks? I don't see any product, value, or merit in what they claim they offer.

    So when is the FTC or the Justice Department or whoever's responsible going to invoke RICO (the US Racketeering act)?

  70. Re:fp NIGGERS by cbiltcliffe · · Score: 1

    Anyone with half a brain knows that most people are not racist.

    And most racists are not people? :)
    But then again, neither is Darl......

    --
    "City hall" in German is "Rathaus" Kinda explains a few things......
  71. SCO Awarded Patent on Internet!!! by mightypenguin · · Score: 1

    For those few of you that missed it, SCO also announced that they've been awarded a patent on the internet. They've just sent a letter to AOL threatening to litigate them unless they pony up 5% of their revenue. They also made noises in the letter about how so many people are free-loading and building on top of their Internet IP without compensating SCO. So except to see a slew of lawsuits against ISPs and maybe even average internet users. Microsoft has offered to indemnify MSN users from potential lawsuits. Al Gore also has posted an open letter online decrying the patent award and vows to prove prior art.

  72. Re:The problem with SCO's business by RLW · · Score: 3, Interesting

    SCO like so many other businesses that have lost their way is grasping at straws. Anything it can do to survive it will do; even absurd things that only apear to offer survival. SCO did correctly see that it would soon be obsolete. It's Unix business was dwindling and it was not likely to be a leader in Linux distribution. It is dark times like these that can lead to really far out there tactics. They must have seen the success that important IP companies have. If what SCO proposes to be true is true then it holds quite a lot of cards and may be able to license the world. The problem for SCO in this regard is that Unix and all it's decedents have long since been set free.

    After domesticated horses have been let loose and have bread in the wild it is a tough claim to make for the original horse owners to lay stake to this offspring. Especially if the owners left the barn door open on purpose.

    There are 10 kinds of people in the world.
    Those who understand binary and those who don't.

  73. Put them out of our misery by mishehu · · Score: 2

    In the old days, wouldn't you tie bricks around a injured dog's neck and toss him in the river? SCO certainly is an injured dog, and it's about time somebody tied bricks around their FUD machine and toss it in the river...

  74. Re:Is it only me by xanadu-xtroot.com · · Score: 1

    Block the Caldera topic.

    I don't think they should be refered to like that after the shit they've been pulling...

    --
    I'm not a prophet or a stone-age man,
    I'm just a mortal with potential of a super man.
  75. Re:Is it only me by Anonymous Coward · · Score: 0

    As I said, I wasn't trolling.

    You said you weren't just trolling. That suggests that you were doing something else as well as trolling, not that you weren't trolling.

  76. Helping SCO's situation by Dark+Fire · · Score: 2, Funny

    It would probably help SCO's case if Darl was a 12 year old girl.

  77. this may be a stupid question, but I'm curious by CheechBG · · Score: 4, Interesting

    Assume for a second that I was completely clueless as to the verbage and the scope of the GPL. Also assume for a second that I am a sysadmin of Linux servers (I know, I know, this is a hypothetical) and I am served with notice from SCO. I pay the US$699 x however many servers I have.

    Now, when this case finally gets to trial, and SCO loses (God willing), could the company turn around and sue for extortion/other illegality, since it has been proven in court that SCO has no legal basis to enforce/collect licensing fees?

    1. Re:this may be a stupid question, but I'm curious by Zathrus · · Score: 4, Insightful

      Sure you can. If they billed you.

      Of course, if SCO was stupid enough to send anyone a "bill" for Linux licensing, and was further stupid enough to do it through the mail, then they'd be subject to US laws regarding mail fraud.

      If you simply pay them money for "indemnification" without having been billed for it there's all of jack you can do. You gave them money. Did you have to? No. So why the hell did you?

      If they send you a receipt for having paid for the "protection" then you might have a case, but I doubt it. IANAL. If you really want an answer, pay the money to SCO and then go get legal consul. Or do so beforehand, although you'll pay far more than $700 for legal consultation and research.

    2. Re:this may be a stupid question, but I'm curious by turambar386 · · Score: 1

      If you are sent an invoice by SCO, you should immediately sue them. If you pay them money, you agree to abide by the terms of the license you purchase, which will certainly include terms to indemify them from you.

    3. Re:this may be a stupid question, but I'm curious by ewhac · · Score: 2, Insightful

      ...could [my] company turn around and sue for extortion/other illegality, since it has been proven in court that SCO has no legal basis to enforce/collect licensing fees?

      Depending on how the license you buy from SCO is phrased, probably not.

      If you buy a license from SCO, you are, in effect, placing a $700.00 bet on a roulette wheel that:

      1. SCO will win its litigation against IBM (unlikely in the extreme), and,
      2. The Court will grant SCO rights of action against an unbounded number of Linux users who cannot even be demonstrated that they, "should have known," Linux was tainted (impossible), and,
      3. SCO will remain in buisiness long enough to come after you (highly improbable).

      You might be able to sue them for fraudulently misrepresenting what they had to sell you. But since the license contract is the final description of what they're selling you, such a suit probably won't succeed.

      As always, talk to a real lawyer first.

      Schwab

    4. Re:this may be a stupid question, but I'm curious by GT_Alias · · Score: 1

      I'm willing to bet that if they lose their case, they sink like a rock. Investors will evaporate, and their reputation will be utterly destroyed. Once they're bankrupt, it's pretty much a guarantee that you won't get your money back before a lot of other people (or corporations rather) get their money first. So you could probably sue them, but I'm thinking you would basically be redirecting your time/money to /dev/null.

    5. Re:this may be a stupid question, but I'm curious by rgmoore · · Score: 1

      Sure, you'd be free to sue. Unfortunately for you, if SCO loses its suit with IBM, there's not likely to be much left of the company. All you'll get for your trouble is the right to collect pennies on the dollar from the smoking crater that used to be SCO.

      --

      There's no point in questioning authority if you aren't going to listen to the answers.

    6. Re:this may be a stupid question, but I'm curious by thomas.galvin · · Score: 2, Insightful

      Assume for a second that I was completely clueless as to the verbage and the scope of the GPL. Also assume for a second that I am a sysadmin of Linux servers (I know, I know, this is a hypothetical) and I am served with notice from SCO. I pay the US$699 x however many servers I have.

      Now, when this case finally gets to trial, and SCO loses (God willing), could the company turn around and sue for extortion/other illegality, since it has been proven in court that SCO has no legal basis to enforce/collect licensing fees?


      Definatly a possibility, but also unlikely to ammount to anything; I do not expect SCO to have any assets left after the IBM and Red Hat trials, and if that is the case, you would be unable to recoup your costs. Better to simply not pay.

    7. Re:this may be a stupid question, but I'm curious by Fiver-rah · · Score: 1
      It depends.

      If SCO is selling you a license they do not own, they cannot deliver what they owe you. Breach of contract. You get your money back.

      If SCO is selling you the right to be free from a lawsuit from them, you may not be able to get your money back. Why? Depends. If you--and they--believe they have a colorable legal argument that they could sue you, there's consideration, and you made a contract with them. It was a raw deal, but unfortunately, you can't collect on raw deals.

      If SCO did the above, you'd have to prove economic duress to get your money back--and that's usually really really hard to prove.

      --
      Read Bujold. Free (as in
    8. Re:this may be a stupid question, but I'm curious by Anonymous Coward · · Score: 0

      I was completely clueless [...] I pay the US$699

      Well, you're certainly correct there! :o)

    9. Re:this may be a stupid question, but I'm curious by Anonymous Coward · · Score: 0

      probably not. when companies are negotiating, they are considered equals (even if one is 100x the size of the other).

      If your company was stupid enough to hand over the $699 x nservers, the courts would assume that the company would know to ask for the evidence.

      If the company didnt see the evidence, tough luck (and if they did, the courts would decide the company thought SCOs claims had atleast some merit (not that it would matter)).

      (from a business owner.. IANAL)

    10. Re:this may be a stupid question, but I'm curious by Anonymous Coward · · Score: 0

      Regardless of the GPL, if I'd have obtained (purchased, downloaded) a product from one party and believed that I now have the right to use it and later some other party sends me a bill for it, I'd be pretty damn suspicious and demand some justification for their claims.

      If some random company suddenly sent you a bill demanding fees for using Windows (which you had purchased), would you even consider paying it without making very sure that there was some legal basis?

      Why would this be any different?

    11. Re:this may be a stupid question, but I'm curious by Ciggy · · Score: 1

      Also assume for a second that I am a sysadmin of Linux servers (I know, I know, this is a hypothetical) and I am served with notice from SCO. I pay the US$699 x however many servers I have.

      Don't forget that the licence cost increases to $1399 on 15 Oct. [some] people have been trying to contact SCO regarding these licences, but have so far failed to get any info out of SCO. Is SCO just holding out until 15 Oct to ensure that they can charge [$1] over double? Or is it a case that they know their licences are either worthless or illegal or both?

      --

      A rose by any other name would smell as sweet;
      A chrysanthemum by any other name would be easier to spell
  78. Getting screwed by gr8_phk · · Score: 1
    "Who's really getting screwed is commercial Unix."

    Who's really getting screwed are people who don't understand what's really going on and buying SCO stock based on all the press. From the outside, SCO looks like they're trying to generate revenue from some "IP" they have. Heck, they're even going after IBM. Get the investors a bigger glass for that koolaid, and perhaps a bottle of lube.

  79. SGI VS SCO + Nortel by VEGETA_GT · · Score: 1

    Ok well from what I understand SCO never had the right to just cut off someone's license to sell Unix. Nortel had final say, as nortel did not sell all the rights to Unit to SCO. So well I would love to know if nortel has said no to this as well. And if they have, again SCO is setting them up to be destroyed by another company. You would think they had enough heavy hitters against them with much more resources then they have. Hell even RedHat has more resources the SCO, and IBM's law department has as many employees as SCO dose in its entire company.

    So basically, I want to hear form nortel, and if nortel says no, then I want to see SGI see if they can join in with IBM because there cases are now more related (not completely but hey close enough).

    Now basically why would sco do all of this, well 2 reasons, One they are M$ bitch, and are meant to just mess linux up, and in all honesty with the crap they keep doing, you could actually believe that. Or they just want to be bought out, and are making sure they are enough pain in the ass that its easier to just buy them out then listen to them. Though IBM looks like they want a court case, hence why SCO is saying o crap, STALL STALL.

    One last thing, what about the employees of SCO, relay after all this, they are tainted. No one now well want to hire people from Enron, why, well just because, and that's what's happing here. Some people working there may just be good developers starving for good jobs, but this well just ruin their reputations is this appears on a resume. IBM and other big hitters well look away as well as almost anyone with any ties to linux and do not like SCO.

    My 2 cents plus 2 more

    1. Re:SGI VS SCO + Nortel by Sillypuddy · · Score: 1

      you mean Novell?

      -joe

    2. Re:SGI VS SCO + Nortel by hesiod · · Score: 1

      > you mean Novell?

      Oooooh... I was wondering what the hell Nortel had to do with Linux.

    3. Re:SGI VS SCO + Nortel by Maserati · · Score: 1

      s/Nortel/Novell for the above, but Nortel is a button for me so...

      Well, Nortel does use Unix in at least some of its PBXs. So there could be a claim by SCO. Not bloody likely, but possible since there exists Linux drivers for some of their NICs, and I see some discussion traffic on Google about IPSec on Linux. That should be enough for SCO, Novell must have some sort of Unix license, they use Unix for much the same things AT&T did - they use it to run phone systems. Funny that Novell's can't f*ck*ng keep time.

      But Nortel can bite me, I had two long years suffering under a support contract with them. Their San Francisco support operation was so bad I wound up talking to some VPs in Houston about it. The guy we had out from Northern Office Works had bathed, was well-groomed and friendly. That said, our cabling contractor wound up fixing the problem - and it was on the patch panel that the N.O.W. guy had looked at. Contact me if you need a good cable guy in the Bay Area.

      --
      Veteran, Bermuda Triangle Expeditionary Force, 1992-1951
  80. validity of GPL by Crispy+Critters · · Score: 4, Insightful
    From SCO's "open letter": "The GPL has never faced a full legal test, and SCO believes that it will not stand up in court."

    In other words, SCO is saying, "We believe we have no legal right to distribute a huge amount of the software that we are in fact distributing." Which member of their legal brain trust thought that one up?

    This is much different from simply encumbering the Linux kernel, which is what would happen if there really were one million billion gazillion lines of modern copyrighted SysV code copied directly into Linux. They want to sell UNIX(R), so killing the kernel would be fine to them. But a lot of their business depends on GPLed code. They can't kill the GPL and have a surviving product line. The only way to get around this is to claim that all GPLed code has really been put in the public domain (against the specific written intent of the copyright holders). This is a legal theory almost too bizarre to put into words.

    I am happy to entertain any explanation of SCO's behavior as something other than fraudulent stock manipulation, but I haven't heard any that can explain their actions.

    1. Re:validity of GPL by turambar386 · · Score: 1

      I am happy to entertain any explanation of SCO's behavior as something other than fraudulent stock manipulation, but I haven't heard any that can explain their actions.

      Yep. I'm still astonished, though, that IBM made that very statement in their first counter-claim. I'd love it if someone could explain to me how IBM thinks they can prove it. And, if they can, will that mean jail time for SCO's execs?

    2. Re:validity of GPL by benploni · · Score: 1

      They can't kill the GPL and have a surviving product line.

      What product line? Seriously, they've given up trying to sell a product. Look at the breakdown of their revenue in their SEC filings. SCOSource is all they have left.

    3. Re:validity of GPL by dafz1 · · Score: 1

      "In other words, SCO is saying, "We believe we have no legal right to distribute a huge amount of the software that we are in fact distributing." Which member of their legal brain trust thought that one up?"

      That would be the one who broke up Microsoft and got Al Gore elected president.

    4. Re:validity of GPL by El · · Score: 1

      They can't kill the GPL and have a surviving product line.
      Does anyone seriously think that SCO has _any_ intention of having a product line when this is all over? Who in their right mind is going to sign a contract with these blood-suckers? There's only so much profit you can make out of selling software to people already locked up in mental institutions...

      --

      "Freedom means freedom for everybody" -- Dick Cheney

    5. Re:validity of GPL by Ster · · Score: 1
      The only way to get around this is to claim that all GPLed code has really been put in the public domain (against the specific written intent of the copyright holders).

      Correct me if I'm wrong, but isn't this exactly what SCO is claiming? Something about US Copyright law only allowing a one copy, therefore the GPL allowing multiple copies is illegal.

      That is, of course, complete nonsense. But what's come out of SCO recently that isn't?

      -Ster

    6. Re:validity of GPL by Anonymous Coward · · Score: 1, Interesting

      I think what they really mean when they say the GPL won't hold up is that they plan on all GPL'ed software being declared public domain. I believe they will argue that the copy rights have not been aggressivly defended, and are therefore lost.

    7. Re:validity of GPL by Anonymous Coward · · Score: 0

      That would be the one who broke up Microsoft and got Al Gore elected president.

      Perhaps Mr. Boies felt that he could do more good by lending his incompetence to the service of Evil. :-)

    8. Re:validity of GPL by Anthony+Boyd · · Score: 0

      From SCO's "open letter": "The GPL has never faced a full legal test, and SCO believes that it will not stand up in court."

      In other words, SCO is saying, "We believe we have no legal right to distribute a huge amount of the software that we are in fact distributing."

      No, you're not giving SCO enough credit. Don't dismiss a cornered badger as harmless. It may still have a plan to bite you. In SCO's case, they're saying that they have every legal right to treat every GPL'd product as if it were public domain. I understand the geeks here are saying that even if they win against the GPL, SCO will still have to contend with copyrights. But you can tell from SCO's comments that they view this as a non-issue -- they fully intend to argue that use of the GPL is the equivalent of giving up rights to your work. Similiar to the notion that if you don't protect your trademark it is diminished, SCO will argue that use of the GPL effectively makes any copyright claim null & void. And therefore, they fully believe that they have every legal right to do anything they wish with any GPL'd work.

      Remember, according to SCO, GPL == Public Domain. We may not think they will win in court, but their intention is to yank our IP right out from under us. It's something to think about.

  81. Re:Is it only me by ONOIML8 · · Score: 4, Insightful

    That would make Slashdot more of a digest than a place to read news. For those of us who do care, for whatever reason, it is more important to see this stuff as it happens. Reading about it a month after the fact isn't productive.

    Slashdot does seem to be grouping it all under Caldera. That gives you the ability to filter it out. Even if you don't it is so easy to scroll down the screen and bypass the things you don't want to read.

    The fact that you did read it, opened this thread and then actually took the time to post.....well let's just say that it gives the appearance of "just trolling."

    --
    . Quit playing Monopoly with Bill. Switch to one of many non-Microsoft products today.
  82. Thats funny... by watzinaneihm · · Score: 1

    "By so strongly defending the controversial GPL, IBM is also defending a questionable licensing scheme through which it can avoid providing software indemnification for its customers. We continue to urge IBM to provide legal indemnification for its Linux customers"

    What they are saying is that all software should have warranties
    This is the funniest part.IBM is not not a Linux vendor. They get their Linux from Redhat/suse and bundles it along with services. Since they are not a vendor, they really dont have to worry about software indemnification (Redhat may or may not ). But SCO on the other hand was a Linux vendor. So by saying that Linux vendors should be providing warranties, SCO has more cause to worry than IBM.
    IF a court actually rules that software needs warranties along with it, then not only is linux affected, but ALL software business changes. Microsoft may have to pay users for all the viruses they got infected with.

    --
    .ACMD setaloiv siht gnidaeR
  83. Re:so then the doctor says by Anonymous Coward · · Score: 0
    Good afternoon, gentlemen.

    Please click on your address bar and type:

    Hotel Tango Tango Papa Colon Slash Slash Golf Oscar Alpha Tango Sierra Echo dot Charlie X-Ray

    and click "go"

  84. "pioneered the LAN"? by penguin7of9 · · Score: 1, Insightful
    Firmage writes:
    Novell pioneered the LAN (local area network) throughout the 1980s and early 1990s

    That is utter nonsense. LAN and most of the infrastructure we take for granted on LANs didn't come from Novell. It didn't even come out of the PC world or the Mac world either. Commercially, LANs consisting of desktop machines and servers were popularized by workstation vendors, both UNIX workstation vendors like Sun, and non-UNIX workstation vendors like Symbolics. But they were actually pioneered by places like MIT, Berkeley, DEC, Bell Labs, and Xerox PARC.

    All Novell did was what PC vendors have always done: take successful ideas out of the non-PC world and repackage them, poorly.
    1. Re:"pioneered the LAN"? by HBI · · Score: 1

      All Novell did was what PC vendors have always done: take successful ideas out of the non-PC world and repackage them, poorly.

      This is flamebait bullshit. You obviously never worked with Novell. Novell was a well integrated and easy to deploy network solution with excellent performance. It was a cut above any of your 'innovators' products.

      Novell did certain things in 1989 better than Microsoft or Linux can replicate today.

      --
      HBI's Law: Frequency of calling others Nazis is directly correlated with the likelihood of the accuser being Communist.
    2. Re:"pioneered the LAN"? by sharkey · · Score: 1
      Novell did certain things in 1989 better than Microsoft or Linux can replicate today.

      IPX!

      --

      --
      "Outlook not so good." That magic 8-ball knows everything! I'll ask about Exchange Server next.
    3. Re:"pioneered the LAN"? by penguin7of9 · · Score: 1

      You obviously never worked with Novell. Novell was a well integrated and easy to deploy network solution with excellent performance. It was a cut above any of your 'innovators' products.

      You're confusing product packaging with innovation. Novell may have packaged the technology well and made a good product, but they certainly didn't pioneer it.

      You only need to look at the relative presence of Novell and IBM, Xerox, and Bell Labs in the peer reviewed conferences and publications at the time to see that there wasn't much innovation or research going on at Novell.

      And the distinction matters. Until imitators and productizers like Novell actually start investing big time in research, computer systems research will continue to stagnate (of course, it's probably too late for Novell now).

      For all its faults, at least Microsoft has seen the light and started investing heavily in research half a dozen years ago, after a decade of just productizing other people's ideas.

  85. Re:Who's hotter? by Anonymous Coward · · Score: 0

    Face it, Ashleigh would be no more than a sport fuck. Molly however, is the marrying type. Those DSL's will be worth the wedding expense.

  86. Re:Is it only me by Anonymous Coward · · Score: 2, Funny

    But there seems to be so many of them, and I haven't found oneof them interesting.

    But.. But... [trembling lower lip]

    Quit whining. The answer is propsed every single freaking time that we have had a SCO story since at least the third such story:
    Go to your preferences, and tell Slashdot not to show you any more Caldera stories.

    And if you so hate SCO stories, why are you continuing to post in one?? Shut up, filter the topic, and sod off. Some us of actually do like reading these stories, and we are tired of reading crap from people like you. It's a shame we can't just check a little box (like you're apparently too lazy to do) to make you go away.

  87. well... by Kircle · · Score: 1

    Well, Darl whines like a 12-year old girl. Does that count for something?

    --

    -- Kircle

  88. Alternative translation by Anonymous Coward · · Score: 0

    "We figured any amount of response would be adequate. After all, we couldn't send invoices or accept payment via USPS mail, because we might get indicted for mail fraud. If we sent the invoices via fax, there is a nasty FCC regulation about unsolicited faxes. If we try to send unsolicited invoices via e-mail, our ISP will toss us for spamming. We considered telemarketing, but our research indicates everyone we want money from is already on a Do Not Call List. So it all came down to taking credit card numbers from those who were dumb enough to call us and offer to pay. That should work until our MC/Visa chargeback rate exceeds 1% and our merchant account gets nuked. The final frontier may be coin-operated license kiosks at Radio Shack, to be fully integrated with pay toilets. After all, we want people to be assured that there really is a use for our Linux licenses."

    1. Re:Alternative translation by linuxbikr · · Score: 1
      The final frontier may be coin-operated license kiosks at Radio Shack, to be fully integrated with pay toilets. After all, we want people to be assured that there really is a use for our Linux licenses."

      With SCO licenses being used as toilet paper. At least in that role, they would have some value provided they were double-quilted. :)

  89. Fire up the photocopiers! by Anonymous Coward · · Score: 0

    The SCO Group
    355 South 520 West
    Suite 100
    Lindon, Utah 84042 USA
    801-765-4999 phone
    801-765-1313 fax

    1. Re:Fire up the photocopiers! by Pharmboy · · Score: 4, Interesting

      The SCO Group
      355 South 520 West
      Suite 100
      Lindon, Utah 84042 USA
      801-765-4999 phone
      801-765-1313 fax


      Actually, if i wanted to do some harm, I would suggest that the masses do the same thing that was recently done to a notorious spammer: search for "free catalog" on the internet and fill in the information with Darl's name and SCO's information. If a few thousand people did a few hundred catalog requests each, this would mean about a ton of mail a day.

      Now, I am sure they get a ton of mail as it is, normal mail, bills, hate mail, etc. but this still sucks to have to deal with. DDOM (distributed denial of mail)

      If you have the bucks, and use a good LD service like the 10-10-987 at 3 cents a minute, you could just fax them thousands of pages that have only one word on the front. I bet they use a paper fax machine. At least it would tie it up for legitimate use if enough people would war dial it. Would also work with the regular number, with people keeping their phone tied up by asking stupid questions.

      I guess we could all order pizzas from the local dominoes to be delivered there, but I think they would catch on to 10,000 pizza's being ordered and thats not fair to them....

      Yea, nasty kiddie stuff, but fun as hell to at least think about.

      --
      Tequila: It's not just for breakfast anymore!
    2. Re:Fire up the photocopiers! by yipper · · Score: 2, Informative

      Faxing would be a bad idea.
      It's illegal and can result in a hefty
      civil penalty.

    3. Re:Fire up the photocopiers! by Pharmboy · · Score: 1

      Faxing would be a bad idea.
      It's illegal and can result in a hefty
      civil penalty.


      IANAL, but my understanding is that it is illegal to do COMMERCIAL faxes in an unsolicited way. This is not bulk nor commercial, you are not trying to sell something. But that probably varies from state to state. It was more of a thought than suggestion, but checking into the legality is probably a good idea if someone took it serious.

      --
      Tequila: It's not just for breakfast anymore!
    4. Re:Fire up the photocopiers! by daffmeister · · Score: 2, Insightful
      Yea, nasty kiddie stuff, but fun as hell to at least think about.

      Yeah. Exactly. Nasty kiddie stuff. Just what we need when the rest of the community is trying to show that the open source movement is mature and responsible and can be trusted by business.

      But off you go and order your pizzas.

    5. Re:Fire up the photocopiers! by Anonymous Coward · · Score: 1, Interesting

      > Actually, if i wanted to do some harm,...

      Hmm, I gues this has been moded up to level 5
      because the Linux community is so ethical.

  90. Replace SCO with Linux by dfranks · · Score: 1
    Just wanted to mention that I did my part last week by replacing an SCO system with Linux rather than upgrading SCO to support a modern server. Everyone should consider it their duty to find and replace as many SCO servers as possible with Linux.

    The original media and license were sent back to SCO with a "nice" note.

  91. So Naieve by turgid · · Score: 3, Insightful

    SCO may not take down IBM, but it certainly could take down poor, withered SGI. What you forget is that it would be in IBM's interest to let SCO kill SGI, and all of its other competitors. When SCO has finished squashing the weak, IBM will tread on SCO and splat it into non-existance.

    1. Re:So Naieve by Tony-A · · Score: 2, Insightful

      What you forget is that it would be in IBM's interest to let SCO kill SGI, and all of its other competitors.

      In a word, no!

      It is to IBM's interest to be Number One.
      In a world with very strong and healthy numbers 2,3,4,...
      So much better than being number one in a game nobody else wants to play.

      With strong and healthy competition, IBM is a very safe bet. Without the competition, Information Technology is something you want less of, not more of.

    2. Re:So Naieve by audities · · Score: 1

      Riiiiiiigghhttt....

      (Lumbergh in Office Space)

      SGI pricing, weak engineering management and lack of prima donna control killed SGI.

      That and (related) the lack of centralized management of it's engineering source. Just ask any former SGI logic or physical IC design engineer where & how the design repository tree was maintained!

    3. Re:So Naieve by turgid · · Score: 1
      I am well aware ofg how SGI has been comitting suicide slowly since Rocket Rick Belluzo took the helm. Back in the early 1990's they were truly innovative and exciting.

      My point is that SGI is so weak financially now that SCO could stomp on them and crush them with this legal nonsense. All IBM has to do is sit back and watch while yet another one of its competitors is put out of its misery.

  92. Re:SGI VS SCO + Novel by VEGETA_GT · · Score: 1

    Novel I ment Novel
    dam it to hell i ment Novel
    Hate when i mix those 2 up

  93. Re:so then the doctor says by Anonymous Coward · · Score: 0

    That's it! I'm calling in an airstrike on your coordinates, control!

  94. SCO, hyper-enlarged Right Brain by morelife · · Score: 3, Funny

    The creativity of Darl hath no end, having come full-circle past the point of being amusing it is now becoming inspirational !!

    Had Darl and Co. applied all this effort and creative thinking toward the improvement of OpenServer and Caldera Linux they might have had a customer base and a little revenue these days..

    Somehow their reputation has always been a ball and chain - I remember someone on the net posted (around 1995) in a newsgroup - "I'd rather have my spinal cord pulled out through my asshole than have to do system administration on SCO Unix."

  95. Damn... I need to remember to preview by red+floyd · · Score: 1

    I predicted that.

    I was just off by a couple of days.

    --
    The only reason we have the rights we have is that people just like us died to gain those rights. -- Cheerio Boy
  96. Wrong by k98sven · · Score: 2, Informative

    You know what SGI is going to do if they lose their Unix lisence. The same thing IBM did, they'll start to use Linux even more in their business.

    Yes, SGI is going to do the same thing IBM did.
    However what IBM did was NOT to use linux 'even more'
    (it's only been 6 months since their license was 'terminated, and I don't see any major changes in IBMs stance on AIX)

    What IBM did was: nothing. Both IBM and SGI have irrevocable Unix licences.
    They both know this, and so does SCO.

    This is all SCO posturing to give the impression that they own everything in the Unix world, and you seem to be believing it.

    1. Re:Wrong by zeasier · · Score: 1

      I must admit I'm a bit foggy on the Unix side of the story. But now that you mention it I do remember reading about the licenses in the past. I jumped to the conclusion that IBM and SCO had temporary licenses.

  97. a grudge-match between SCO and SGI is like... by The+Lynxpro · · Score: 5, Funny

    ...watching two senior citizens pummel each other with legacy computer equipment; one using a Commodore PET computer and the other a Trash-80...

    Then again, people do buy those *Bum Fights* DVDs...

    --
    "Right now, somewhere in this world, Scott Baio is plowing a woman he doesn't love," - Peter Griffin, *Family Guy*
    1. Re:a grudge-match between SCO and SGI is like... by FuzzyBad-Mofo · · Score: 1

      My money's on the PET, those things are heavy!!

    2. Re:a grudge-match between SCO and SGI is like... by d3faultus3r · · Score: 1

      Of course, then IBM drops a mainframe on SCO.

      --
      read my blog
      musings on politics and technol
    3. Re:a grudge-match between SCO and SGI is like... by Anonymous Coward · · Score: 0

      Hey now I resemble that statement...

  98. Open-Source McCarthyism? by whitelabrat · · Score: 1

    "The open-source movement is a communist affront to capitalism" If that is the case then... bottoms up comrades! :)

  99. SCO vs. The World by Kjella · · Score: 4, Insightful

    I wonder how many SCO FUD Spinners read /. waiting to see who to go after next.

    Hell, I hope they take away all the Unix licences of everyone that has contributed to Linux. But pick on one 800lb gorilla, you might have a case. If you go after a flock of them, you look like a raving madman. Which is why I think this is all talk. They'll spread more FUD, but not actually sue SGI or revoke their licence. They'll say that they could, but are busy dealing with IBM and collect damages from SGI later (in a more FUDified way, of course).

    Kjella

    --
    Live today, because you never know what tomorrow brings
  100. open source cavemen by OnslaughtQ · · Score: 2, Insightful

    It's quite ridiculous to compare open source to communism. The whole of human civilization is founded on open source collaborative efforts. Just imagine if the first caveman to invent the wheel had decided not to share his idea and instead make it proprietary. We'd have perhaps millions of different circular shaped objects that would be entirely incompatible with each other!

    1. Re:open source cavemen by cant_get_a_good_nick · · Score: 1

      "If I have seen further [than you and Descartes] it is by standing upon the shoulders of giants."
      -- Sir Isaac Newton (1642-1727) from Letter to Robert Hooke, Feb. 5, 1675/76.

      The web, as first envisioned by Tim Berners Lee, was simply a way of passing around physics papers, a more efficient way of disseminating knowledge.

  101. Why does SCO want IBM to provide indemnification? by JonnyElvis42 · · Score: 5, Informative
    From the SCO Letter:
    We [SCO] continue to urge IBM to provide legal indemnification for its Linux customers.

    Now why, oh why, does SCO want that? Well, one reason that occurs to me is this: IBM has been fairly unaffected by SCO's suite against them. They're not cowering in fear or hiding under rocks or anything. SCO would like IBM to look worried because, well heck, if I'm going to make flagrantly ridiculous accusations against somebody who could squish me like a bug, and nobody believes me, nobody's going to put up much argument when it's squish-time. So here's what SCO has to gain:
    1. If IBM (or Redhat) were to indemnify Linux users, that's as good as saying they're not so sure of their case. HP can get away with it because they haven't been targeted and probably won't be before the thing is over. Besides, for them, it looks good. So one thing SCO wants is for IBM to show a tiny bit of uncertainty in public instead of all this "SCO's claims are without merit." and "The Earth is not flat." stuff that they keep throwing around.
    2. The second reason is a little more complicated: Right now, SCO has a huge legal staff devoted to protecting a large corporation. Right now, if SCO were to choose a bunch of Joe-Linux-user types (not companies using Linux, but individuals), it would look really bad, and they'd have to fork over their evidence soon, since for $699, that's small claims court, and it's not that easy to delay a small claims trial for the next two years or so. So, with no indemnification from IBM, it's not at all practical to sue the little guys. If IBM is indemnifying them though, it works well for SCO to attack all of the smallest users they can find. IBM is able to defend itself perfectly well, but if SCO were to go RIAA-style and start with a few hundred or even a few thousand Linux users, and IBM had to defend them or pay up, IBM is not so well equipped. They'd have to hire a bunch of lawyers on the side to take care of it which would cost money and create a huge sideshow to mask whatever SCO's goal is.
    So there you go. Unless SCO is actually concerned about Linux users. Ha! Can you see it?

    SCO: Hey IBM, we're really concerned about your users. We're worried that we might accidentally catch them up in our extortion scheme. How bout you pay us off and nothing bad happens?
    IBM: *stomp*
    SCO: *squish*
  102. Yes it's you by big-giant-head · · Score: 1

    Linux is pretty central to the whole GPL open source movement. There are ALOT of GPL'd software out there, but, Linux is the pre-eminent one. Anything that directly affects Linux directly effects this community, hence it is worthy of coverage.

    That being said though, maybe we need a alternate site like. ms_sucks.slashdot.org, where all the ms bashing articles can reside. I mean we know windoze sucks, is buggy and has all the security of a bank vault with a screen door.

    --

    So Long and Thanks for all the Fish.
  103. Since it would constitute Mail Fraud, ... by burgburgburg · · Score: 4, Insightful

    a Federal Crime, that would have placed the SCO executives involved at risk of serious fines and jail time for each instance, and since a group of such mailings would have opened them up to RICO prosecution because it would have constituted a racketeering enterprise, I don't think anybody is all that surprised that those mailings never got sent.

    1. Re:Since it would constitute Mail Fraud, ... by Anonymous Coward · · Score: 0

      But dont forget that you are assuming that they would even get into trouble considering we live in the Corp. friendly US of A.

    2. Re:Since it would constitute Mail Fraud, ... by Courageous · · Score: 1

      *Shrug*

      Anyone all *that* sure of themselves can simply get a cop, walk into SCO's headquarters, and conduct a citizen's arrest on the grounds so mentioned. Better be *really* confident there, though, eh? :)

      C//

    3. Re:Since it would constitute Mail Fraud, ... by GQuon · · Score: 1

      Anyone all *that* sure of themselves can simply get a cop, walk into SCO's headquarters, and conduct a citizen's arrest on the grounds so mentioned. Better be *really* confident there, though, eh? :)

      They have not sent out the invoices, only threatened to do so. If the invoices were out, it would be a clear case. The threats might be enough, who knows?

      --
      Irene KHAAAAAAN!
    4. Re:Since it would constitute Mail Fraud, ... by Courageous · · Score: 1

      If the invoices were out, it would be a clear case.

      Perhaps. But the thing about conducting a citizens arrest is that, unlike an arrest conducted by an officer of the law, there is no margin for error on the behalf of the arrestor. If the arrestor later turns out to be in error, he will be without exception be subject to significant civil penalty. So, one might suggest that one has one's ducks in a row before trying something like this. :)

      C//

  104. When did you stop beating your wife? by caveman902 · · Score: 0

    This SCO tactic is like watching a deranged drunk man arguing with the police about his constitutional rights in a public park and a empty six pack at his feet. Good Lord!

    1. Re:When did you stop beating your wife? by frkiii · · Score: 1

      You are giving SCO way too much credit. :-)

      Regards,

      Fredrick

  105. Re:Is it only me by Sir+Haxalot · · Score: 1

    Sometimes there are interesting discussions under the articals, very rarely do I read the SCO articals, but sometimes I have a look at the comments to see what people are saying ;)

    --
    I have over 70 freaks, do you?
  106. There are Two Laws at Work by TubeSteak · · Score: 2, Funny
    Finagle's Law "The perversity of the Universe tends towards a maximum"

    Hanlon's Razor "Never attribute to malice that which can be adequately explained by stupidity."

    It's only funny because it's true.

    --
    [Fuck Beta]
    o0t!
  107. Re:Dictionary, anyone by catbutt · · Score: 1

    I hate to play the devils advocate here, but just because "replace" is listed as a synonym, that doesn't mean that is the only usage. The other definitions better meet what SCO was trying to say.

    Regardless, SCO's point is that when the GPL is used, it replaces or obsoletes, in a sense, the old way of copyrighting things. Obviously, it does not technically "replace" copyright law, since using the GPL does not invalidate other people's conventional copyrights on non-GPL'd things (duh...). And things that are GPL'd are still copyrighted, of course -- but it is certainly a different spin on the whole concept, even if still technically falling under the existing copyright law.

    So when speaking of using the GPL where you might otherwise have used a conventional copyright, which is how I am sure they meant it, I think the word makes sense. It's pretty clear they didn't meant that the GPL would replace all copyright law for everything...I mean, they may be crazy and irrational, but come on.

    I don't agree with SCO, I think they are a**holes from hell, but if you are going to argue them based on supposed incorrect usage of a word, I have to take their side. There are plenty of better arguments against what they are doing that won't weaken your case.

  108. Re:Who's hotter? by Anonymous Coward · · Score: 0

    Face it, Ashleigh would be no more than a sport fuck. Molly however, is the marrying type.

    So based on that (I haven't seen the show) that makes Ashleigh the winnner.

  109. Invioces are illegal by linuxislandsucks · · Score: 1

    It sillegal to invoice for a servie or something received by custoemr that you do not own or have rights to by Uniform Commeercial Code..

    SCOX could not send invoices because then they would do jail time..

    --
    Don't Tread on OpenSource
  110. They could... by Kjella · · Score: 1

    SCO has very little to lose, they need to win the case. But an indemnification grant from a bankrupt company is very little worth indeed. In fact, it would most like give IBM ammo because they can say that SCOs grant isn't worth the paper it is written on. IBM could simply countersue in the billion-dollar range and claim that anything SCO can't cover will just "roll over" to their customers.

    Besides, it might crack the illusion that SCO has done nothing wrong.

    Kjella

    --
    Live today, because you never know what tomorrow brings
    1. Re:They could... by Anonymous Coward · · Score: 0

      Logically speking, anything is worth at least the physical materials used to build it. If, for example, you have a golden necklace made by a total incompetent, it's still worth it's weight in gold, no matter how horrendously ugly it might be.

      On the other hand, certain golden Ring caused it's owner more trouble than it's value in gold was worth...

      So the question is, will the SCO's indemnification cause undead lawyers to come after you ? Will it tempt you with a promise of money ? Can it be used to litigate the entire world, to strip it as bare as the plains of Gorgoth ? Will it turn it's owner into the dark lord of litigation ?

      On the other hand, if you toss it into the crater of an erupting volcano, will this legal farce finally end and the Shadow of SCO fade forever ?

      These questions, and many others, are answere in the upcoming sequel to one of the best series ever... Lord of the Rings 2: Lord of Litigation.

      The War of the Ring was just a warm-up. The real battle shall be fought in courts.

      Any day now.

  111. SCO's strategy by xihr · · Score: 4, Insightful

    I suspect SCO's strategy was much like what the new guy in prison is supposed to do: Go nuts and beat somebody up your first day, and people will treat you with respect. They want to wring licensing fees out of people, so they need to get a big, powerful company to bow down to their threats. For some strange reason they chose IBM, a company not exactly known for their reluctance to litigate (unlike Microsoft, IBM actually defended itself against antitrust claims from the government and won).

    It's clear now that the strategy isn't working; IBM isn't having any of it, and while it certainly has generated some concern and doubt in the business community, SCO isn't going to be collecting any significant royalties anytime soon (in fact they're not even prepared to yet). But when your cards are on the table and you've only got the road ahead of you, I suppose you have to see it through, even if you realize you have a bad hand.

    I wonder if SCO will even exist as a distinct company five years from now. I suspect not.

    1. Re:SCO's strategy by Anthony+Boyd · · Score: 0
      unlike Microsoft, IBM actually defended itself against antitrust claims from the government and won

      <sarcasm>
      You think Microsoft actually lost?
      </sarcasm>

    2. Re:SCO's strategy by xihr · · Score: 1

      I was thinking someone might comment on that, but decided against following the entire thought through in my original post. They did lose, but obviously are none the worse for wear. But that's in sharp contrast to IBM's case, where they flat out won -- no lost and then slap on the wrist, no lost and then thumbed their noses at or ignored the authorities, but unequivocally triumphed.

  112. Re:Is it only me by Sir+Haxalot · · Score: 1

    But.. But... [trembling lower lip] Quit whining. The answer is propsed every single freaking time that we have had a SCO story since at least the third such story: Go to your preferences, and tell Slashdot not to show you any more Caldera stories. And if you so hate SCO stories, why are you continuing to post in one?? Shut up, filter the topic, and sod off. Some us of actually do like reading these stories, and we are tired of reading crap from people like you. It's a shame we can't just check a little box (like you're apparently too lazy to do) to make you go away.
    Oh dear, who's doing the whining now, Mister Anonymous Coward.

    --
    I have over 70 freaks, do you?
  113. Double-edged attack? by An+Anonymous+Hero · · Score: 1
    Something's been bothering me lately.

    SCO is making this affair revolve around the concept of "derived work".

    Their IBM suit asks the courts to regard all things Unix as "derived" and hence theirs.

    OK, this is so preposterous that virtually no one (including themselves, probably) thinks it will work.

    But now, the GPL rests precisely on something similar: a license that claims derived works for the community (if you accept it by redistributing the software).

    Might someone hope that a setback to SCO's ridiculous claims would ipso facto provide a precedent against the GPL?

    (Note: I know, the GPL and whatever contracts SCO had with IBM are very different beasts. But the question is whether a court could be fooled to conclude otherwise.)

    1. Re:Double-edged attack? by midav · · Score: 1
      Concept of 'derivative work' is not GPL-specific, nor it is an invention of SCO. It is a standard term from the copyright law.

      The question is not whether the concept of 'derivative work' itself is valid (present form of the copyright law asserts that it is,) but rather, if SCO's claims, that Linux Kernel IS, in fact, a 'derivative work' from SVR4 code, are valid.

    2. Re:Double-edged attack? by An+Anonymous+Hero · · Score: 1
      Concept of 'derivative work' is not GPL-specific, nor it is an invention of SCO. It is a standard term from the copyright law.

      The question is not whether the concept of 'derivative work' itself is valid (present form of the copyright law asserts that it is,) but rather, if SCO's claims, that Linux Kernel IS, in fact, a 'derivative work' from SVR4 code, are valid.

      This is not what I'm getting at.

      Consider this: In all likelihood, a court will not find Linux derivative enough (of System V) that SCO could claim it its own, and enforce its licensing scheme. We know the arguments: The ideas were widely available, published in books, and in BSD, etc., yadda. Under such circumstances, a court will say, SCO's "all derivatives are belong to us" clauses can't be enforced.

      But then, who's to say that stuff published under the GPL is not fair game as well? Again, we know the difference, but will a court? What if they were to rule that allowing redistribution automatically puts you in the BSD category...? That would take off all the GPL's teeth, effectively suppressing any intermediate regime between "closed" and "BSD". Isn't that Redmond's dream?

      SCO's apparent attempt to pre-empt the GPL (by claiming they had a "derivatives belong to us" clause first) is playing to the gallery. It won't work, and they know it. In fact they seem to be doing all they can to lose this argument. Might the goal be to strike down, in the process, any kind of "derivatives belong to us" clause?

    3. Re:Double-edged attack? by jedidiah · · Score: 1

      The GPL has some very tight definitions of what constitutes a derived work. Interestingly enough, this definition DOES NOT APPLY to kernel extensions. IOW, some of the sorts of things that SCO is attempting to to claim ownership of (XFS) would not be considered a derivative work even under the GPL.

      It's actually fairly mundane to consider the modification of another work to be a derivative. So even this aspect of the GPL rests on fairly solid ground.

      The GPL was thought up by some rather bright people. It will probably take more than the sort of people that SCO can manage to hire in order to undo it.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    4. Re:Double-edged attack? by An+Anonymous+Hero · · Score: 1
      The GPL has some very tight definitions of what constitutes a derived work.

      I think the FSF's definitions are good and hope a court will uphold them. But note (emphasis mine):

      RMS: We have no say in what is considered a derivative work. That is a matter of copyright law, decided by courts (...) we cannot tell the courts to treat a certain kind of work as if it were derivative, if the courts think it is not. (...) I think we have a pretty good argument that nontrivial dynamic linking creates a combined (i.e. derivative) work.
      Interestingly enough, this definition DOES NOT APPLY to kernel extensions. IOW, some of the sorts of things that SCO is attempting to to claim ownership of (XFS) would not be considered a derivative work even under the GPL.

      That's good news -- that means SCO couldn't arrange to lose on their own preposterous "derivative" claims and take down the FSF's definition in the process. I hope this is true, but my fear is that's what they set out to do.

  114. My prediction by Stonent1 · · Score: 3, Interesting

    IBM buys SGI. Just as a way to piss off SCO without bending to their whim.

    1. Re:My prediction by Bigby · · Score: 1

      IBM buys SGI. Just as a way to piss off SCO without bending to their whim.

      How is this not bending to their whim? That's like buying SCO. It only solves the direct problem with SCO. What if Microsoft comes along and wants to invalidate the GPL at a later date?

    2. Re:My prediction by nagora · · Score: 1
      There is no greater insult to one's religion, than to use it to justify violence

      What if you're a Satanist?

      --
      "Encyclopedia" is to "Wikipedia" what "Library" is to "Some people at a bus stop"
    3. Re:My prediction by Anonymous Coward · · Score: 0

      True Satanists aren't violent either, no matter what your pastor tells you.

    4. Re:My prediction by nagora · · Score: 1
      True Satanists aren't violent either, no matter what your pastor tells you.

      Look out, there's a Gnostic about!

      TWW

      --
      "Encyclopedia" is to "Wikipedia" what "Library" is to "Some people at a bus stop"
  115. Did We Mention Terrorists by webzombie · · Score: 1

    SCO: Did we mention that terrorists use Linux?

    GOV: Yes

    SCO: Oh ok good.

  116. Got an idea: by Anonymous Coward · · Score: 0
    while `true`; do wget --delete-after -r http://www.sco.com/; done

    ... Just for fun. maybe someone could alter this to minimize the collateral damage.

  117. Open letter from SGI by Booker · · Score: 5, Informative
    1. Re:Open letter from SGI by GreatDrok · · Score: 2, Insightful

      This is really useful. SGI, with full access to both Linux and SysV code have done an "exhaustive investigation" (what no phantom MIT mathematicians?) and concluded that there are some fragments of code that are common but trivial in number and type (likely already public domain).

      So, either there is a stack of code in SysV that SGI doesn't have access to, or there is no actionable similarity between Linux and SysV and SCO is full of crap. Take your pick.

      --
      "I have the attention span of a strobe lit goldfish, please get to the point quickly!"
  118. Re:Why does SCO want IBM to provide indemnificatio by frkiii · · Score: 2, Interesting

    Yeah, I just came to the same conclusion myself, took me a little bit.

    It seemed very odd to me that SCO has called for "user" indemnification from IBM (and others) for some time.

    But makes sense, it is just part of a strategy to try to "maximize" possible litigation extort... er ... income.

    Joe Linux-user has practically empty pockets, IBM has very large money filled pockets. If Joe Linux-user has indemnity from IBM, we can sue him, tying up some IBM money and resources, and possibly gain a nice settlement as a result.

    We sue enough of em, and that would give us leverage to force IBM's hand to buy us out to shut us up and remove us as a thorn in their side. Bwahahahaha, ain't SCO brilliant?

    Unfortunately, IBM is basically saying "Hey, SCO. Homey don't play dat."

    Regards,

    Fredrick

  119. clickability by Anonymous Coward · · Score: 0
    SGI's Response


    See? It's not so hard to make the link clickable!

  120. Re:fp NIGGERS by Anonymous Coward · · Score: 0

    Fuck you, NIGGER. All darkies are the same. They are all NIGGERs. Even you.

  121. Actually No by TubeSteak · · Score: 1
    They never said what kind of response they got.
    Imagine this: A company releases a horribly expensive product and everyone shouts/screams/fusses about it. In response the company releases a statement: "After receiving an unprecedented volume of feedback, we've decided to lower our prices and create even more value for our customers."

    So... that sounded like a pretty positive statement didn't it? None of the facts were misrepresented, they were merely left out. What's more likely is that their legal dept said that Darth McBride would feel the government's wrath if he sent out invoices. Government you say? Yep, if you were a Federal contractor and got this invoice, you could pay it and find a way to bill it to the gov't as a cost of business.

    --
    [Fuck Beta]
    o0t!
  122. As my stomach turns.. by Nonillion · · Score: 1

    I guess the next big headline will be "SCO revokes Sun and Microsofts UNIX licence".

    --
    "I bow to no man" - Riddick
  123. subvert? by Anonymous Coward · · Score: 0

    Doesn't supplant mean "replace"? That's n

    I think the word they were going for was subvert. Not that i understand at all how they think.

  124. Open source and communism by PeteQC · · Score: 1

    The open-source movement is a communist affront to capitalism and should not be allowed to interfere in the profitable business of proprietary software. He thereby implies that it is un-American to support the open-source movement.

    This is one of the most stupid thing I've ever read!

    Did this guy ever read Alexis deTocqueville about the union of people for their common interest in the beginning of the USA?

    Did McBride ever read what Eric Raymond think about communism? HEY MCBRIDE, READ THAT LINK: http://www.firstmonday.org/issues/issue4_11/raymon d/index.html

    Did he only knows what communism IS?
    br> Did he knows that democracy is a matter of choice?

    Please, Mr McBride, if you want to tell these things, come to the "Just for Laugh" festival here in Montreal, i'm sure you'll fit right in!

    --
    Montreal - Best city to live in!
    1. Re:Open source and communism by Anonymous Coward · · Score: 0

      He thereby implies that it is un-American to support the open-source movement.

      Real Americans support whatever they want, McBride, you fascist.

  125. SCO distributions contain pirated GPL software? by clusterix · · Score: 1

    SCO has publically denounced the GPL and that implies that it does not agree to its terms. This stance would seem to involve more piracy on the part of SCO than just the clouded linux kernel issues. All of their current OSes contain SAMBA for example. SCO by publically not agreeing to the GPL has basically admitted to pirating 100's of software packages in ALL of their OSes.

    I am sure there are plenty of them the FSF has copyright on (emacs comes to mind) and the FSF should go after SCO immediately. The FSF should seek an apology and public retraction of SCO's position (ie. make SCO say the GPL is valid) or damages of infringement as well as harm done to their reputation (unamerican, etc.). They should seek to immediately stop SCO from distributing its software.

  126. Re:fp NIGGERS by Anonymous Coward · · Score: 0

    That's right. All NIGGERS are tribalists. Stupid fucking spear-chuckers are more racist than anyone. Those mud people are anything but civilised. I say we send those "African-Americans" back where they belong. They don't call themselves 'Americans' for a good reason, they are still in denial, and they pride themselves to be bottom feeders from Africa. They can form their tribes, have their petty wars, and quit leeching off of American society. Go live in the bush you fucking PORCH MONKEYS.

  127. Re:Excuse me,... but how is SGI implicated in Linu by Royster · · Score: 1

    Remember the SCO slide show from August when they showed an example of code they said was illegally copied from SysV into the Linux kernel? The malloc reimplimentation?

    Well, SGI contributed that code to the IA-64 architecture.

    --
    I have discovered a truly marvelous sig, unfortunately the sig limit is too small to contain i
  128. SCO-JO-JO-JO! by FrostedWheat · · Score: 1

    Not a big surprise for those who have followed the recent SCO misery

    *crawls out from under a rock*

    SCO? Who?

  129. The real reason you are not receiving an invoice by Anonymous Coward · · Score: 1, Insightful

    If you receive an invoice you can inform a judge that your being harassed by a company which claims it owns something yet refuses to show you proof when you asked them.

    For the above to work, you will have to send a letter asking them to show you their proof of ownership. Once they respond with nothing of substance, you can then proceed with the harassment suit.

    Since harasmment is criminal, I think you could get to see a courtroom before IBM... and hopefully stop this FUD campaign before Darl can cash in.

  130. Re:Why does SCO want IBM to provide indemnificatio by buzzdecafe · · Score: 2, Interesting

    I think the explanation is probably simpler, and some docs (e.g. the Renaissance Ventures stuff) on the indispensible groklaw back up this hypothesis:

    SCO really thought IBM would quietly settle. They probably pissed their pants when IBM called their bluff. So they are trying to exert pressure on IBM thru IBM's customers by stirring up this idea of indemnification.

    For me, this hypothesis passes the "Ockham's Razor" test. Simple and believable.

  131. conspericy thereory by Anonymous Coward · · Score: 0

    hows this one for you: SCO settles out of court wiht MS, SCO then calls Linux bad, and IBM badder as the leader, IBM buys out SCO (and novel to while they are at it) MS SCREAMS monopolistic fowl at IBM got the monoploy police of it's back.

  132. Prank by Tomster · · Score: 2, Funny

    I've decided that Darl McBride is pulling the most elaborate corporate prank ever conceived. I have found no other rational explanation -- and I refuse to believe the only other rational alternative (that the man is insane).

    -Thomas

  133. And in other news by Anonymous Coward · · Score: 3, Funny

    SCO has also revoked your birthday.

  134. SGI response by yeremein · · Score: 2, Insightful
    http://oss.sgi.com/letter_100103.txt

    "SCO's references to XFS are completely misplaced. XFS is an innovative SGI- created work. It is not a derivative work of System V in any sense, and SGI has full rights to license it to whomever we choose and to contribute it to open source. It may be that SCO is taking the position that merely because XFS is also distributed along with IRIX it is somehow subject to the System V license. But if so, this is an absurd position, with no basis either in the license or in common sense. In fact, our UNIX license clearly provides that SGI retains ownership and all rights as to all code that was not part of AT&Ts UNIX System V."

  135. Darl's head on a pike by overshoot · · Score: 1
    The government does listen to IBM, however. My question is, what are they waiting for?

    The last thing IBM wants is to have SCO suffer a "fatal accident" before they are bent, folded, spindled, and mutilated in court. In fact, it looks as though IBM wants to make sure that not only is SCO left with no stock certificate standing on another but the Canopy Group is sown with salt as well.

    The reason for this is that SCO accused IBM of violating confidentiality agreements. Sort of like commenting on the local Don's wife's amorous inclinations: he just can't afford to be seen tolerating that kind of talk. IBM gets half its revenues from managing others' computer systems, and they can not afford to have their trustworthiness in doubt.

    IBM isn't going to be satisfied until they are not only off the hook but absolutely vindicated, with Darl begging for a cardboard box to sleep in. Then they have the SEC add insult to injury with criminal charges.

    --
    Lacking <sarcasm> tags, /. substitutes moderation as "Troll."
    1. Re:Darl's head on a pike by Anonymous Coward · · Score: 0

      That's right...

      Drop 'em off a high cliff

      THEN

      Crush them with an anvil.

      It's funnier that way.

  136. Will SCO pay contributors $$$s for reviewing code? by KJSwartz · · Score: 2, Insightful

    IBM was pretty savvy when releasing software to Linux; they got an army of programmers to perform a detailed source code review for very little $$$s. Bug fixes and enhancements only had to be vetted against their codeset and someone to evaluate problem reports. Figure each engineer costs $100K/yr just to maintain and extend AIX, and that's a bill that even Micro$oft couldn't pay.

    My question is - if SCO manages to get into court - how can they justify their integration of uncompensated works submitted to Linux under the GPL? Would it be considered plagarism - or corporate hijacking of source code submitted by this army of unpaid programmers?

  137. Re:Dictionary, anyone by kalidasa · · Score: 1

    GPL doesn't overthrow copyright: it simply uses copyright as a legal reality to underpin the enforcement of a license requiring those who use GPL code to release their modifications as GPL code. If copyright went away tommorrow, it would take GPL with it, and MS-style EULAs, and SCO's UNIX license, and everything would be public domain and free for all, as beer or speech or air.

    Put it this way: if you accept SCO's claim that the GPL supplants coypright, then ALL software licenses supplant copyright, because they are all intended to limit what one can and cannot do with software code. The difference is that the average MS-style EULA limits what you can do to *less* than copyright explicitly permits, while the GPL "limits" you to *more* than copyright explicitly permits.

  138. Re:Is it only me by wo1verin3 · · Score: 1

    Well I guess we better submit a graphic to CmdrTaco for the 'asshat' topic.

  139. Nah by Pac · · Score: 1

    The real, real reason for wanting an invoice in to sell it as a relic on eBay sometime in the future. And that will make you far more money than a suing SCO for commercial fraud - by the time IBM is done with them all they will have left to give you will be two old floopies and some soap forgotten in the janitorial room. And their pants.

  140. Re:Dictionary, anyone by raygundan · · Score: 1

    Don't be silly. Use of the GPL neither overthrows or supersedes traditional copyright law in any sense. In fact, as you point out, it only functions via traditional copyright.

    I think "supplements" might have been a better choice than "supplants." All of the original intent of copyright law still applies to a GPL'd bit of stuff-- but there are additional rights and restrictions granted above and beyond that through the license itself. It is just one more type of license, as are the many and varied licenses produced and negotiated every day that are all regarded as "traditional" despite their differences.

    Copyright law is still the same old traditional copyright law. All we have here is a license agreement.

    Anyway-- I'm getting long-winded for no good reason. I intended mainly poke fun at a poorly-thought-out argument based on a pedantic reading of the definition by being even more pedantic. It is not, as the original poster suggested, a "a piece of legal trickery that stands in defiance of three hundred years of judicial and legislative tradition". It is just another license agreement.

  141. Outcome a Repeat of History? by soloport · · Score: 5, Insightful

    I predicted that.

    Speaking of "predict", I reckon the Closed Source vs Open Source arena we have, today, is much like the Closed Architecture vs the Open Architecture hardware arena of the past (ironic that IBM started this, then tried to re-neg -- remember the Charlie Chaplin ads?).

    Back then, we didn't have the World Wide Web, so one had to read about the goings on of that market battle in the trade papers. But I bet history is, once again, repeating itself. This time it's about software, not hardware, of course. Makes sense that it's taken longer to get the software battle under way because hardware, well, just has to come first -- no hardware, no software possible.

    But the past is interesting to me because of my (strange?) belief that we can probably predict the ultimate outcome and peer into the future a bit, by looking into the past. But, I can't remember how the last battle went (I was too young to care much, fresh out of college).

    BTW, I really like how things turned out. At the time I was a real Motorola fan -- wished that the most ubiquitous desktop hardware hadn't gone little-endian and had shared stack/heap/program space (what a pain it was/is to write firmware for Intel chips vs Motorola!!!). However, what I like, now is paying next to nothing for seemingly endless increases in power!

    So, what about the past? Anyone remember the hardware "Open Architecture" battles that went on? Are we closely repeating our technology history? Did anyone get as bent out of shape (as I feel over SCO) toward the "wrong side" at the time? Did we win? ;-)

    1. Re:Outcome a Repeat of History? by platypus · · Score: 1

      Nice analogy, but flawed IMO.

      First, I don't think that this battle is the same as the old IBM vs. rest-of-the-world+microsoft battle. That one had two opposing parties which were quite potent. The "battle" we have today is SCO vs. IBM+rest-of-the-world, but the difference is that SCO is fundamentally impotent, in that they have no chance of winning.

      But there's a really epic battle in the works, and this battle can't be categorized into hardware or software. It's about the whole system, and this time it's nearly-the-whole-industry vs. consumers, and it's about palladium.
      We should not forget about that while raving about this SCO nuisance.

    2. Re:Outcome a Repeat of History? by puppet10 · · Score: 1

      I guess we're just in a cycle of repeating the mistakes of the late 80's early 90's in the way you describe and in the increasingly annoying copy protection measures being imposed on customers for software, I personally can't wait for USB dongles, more boot sector writing, or maybe hard drive/CD-ROM/DVD thrashing copy protection measures to start up.

      --
      -------- This space intentionally left blank --------
    3. Re:Outcome a Repeat of History? by KlomDark · · Score: 1

      Your "Adwords gone wrong" link no longer works.

    4. Re:Outcome a Repeat of History? by platypus · · Score: 1

      Lol, funny how often I get that reply. Ok, thanks for pointing that out, but it isn't about the search results, in this link, but about the "Sponsored Links" you see on the right side of the page.

      Hmm, looks like I should adjust that sig.

  142. 50 billion dollars? by davmct · · Score: 1

    Quoting the Detroit News article:
    "SCO is seeking as much as $50 billion in damages from IBM for allegedly copying code.."

    When did this go up again? It seems like a bad episode of Austin Powers, where the demands grow exponentially until they are beyong proposterous.

  143. Just more evidence for an impotent/clueless SEC by Kazoo+the+Clown · · Score: 2, Informative

    This is nuts-- it's obviously a complete free-for-all WRT making bogus claims to inflate your stock.

  144. Correct me if I am wrong, but... by mark-t · · Score: 4, Insightful
    Copyright law states that a copyrighted work cannot be distributed without permission from the copyright holder. There are no exceptions.

    Copyright law does not stipulate what conditions must be established in order for permission from the copyright holder to be recognized. These conditions are entirely at the discretion of the holder of the copyright.

    The GPL outlines the terms and conditions that person must agree to in order to have legally recognized permission from the copyright holder to distribute a GPL'd work.

    People who do not agree to the terms of the GPL and still distribute the work are therefore in violation of plain old ordinary copyright law.

    What SCO doesn't seem to "get" is that the GPL does not force derivative work contributers to fork over their copyrights - they still own those. What it *DOES* do is force derivative work contributes to do is not be able to distribute derivative works without subjecting it to the terms of the GPL. This is possible because in a derivative work, some or all of the code copyrighted by someone else and released under the terms of the GPL is usually still included in the final package. If a person were to disagree with the terms of the GPL, yet still distribute their derived works, they would also be distributing some or all of the original author's work without recognized permission (the upshot of this is that if a derived work no longer happens to contain any code that was originally released under the GPL by someone else, then the GPL does not actually have to apply to the derived work). Ultimately, it appears that the only *possible* reason to feel like the GPL's terms and conditions are unfair is if one's primary form of code reuse is "copy/paste" (which can carry copyright ramifications anyways, if you are copying code you didn't write).

    1. Re:Correct me if I am wrong, but... by midav · · Score: 1
      Just two minor notes.

      if a derived work no longer happens to contain any code that was originally released under the GPL by someone else, then it is by definition not a derived work.

      Ultimately, it appears that the only *possible* reason to feel like the GPL's terms and conditions are unfair is if one's primary form of code reuse is "copy/paste"

      I am quite sure that code you released under GPL does not have to be released exclusively under GPL. You are welcome use your contribution to GPLed product in any other product of your choice. So, there is no unfairness there.

      The only thing which you might feel as unfair about GPL is, if you follow Bill Gates' philosophy that free software is the foundation for commercial software, that it disrupts natural code migration within software ecosystem.

    2. Re:Correct me if I am wrong, but... by Frobnicator · · Score: 1
      if a derived work no longer happens to contain any code that was originally released under the GPL by someone else, then it is by definition not a derived work.
      I've often wondered about this, and would like a lawyer to answer it someday. Let's say that there is a source work, A, that I derive from into work B. Next, I derive from work B into work C. Work C still has some of work A's stuff it it, so it is probably a derivative work. Now eventually C becomes D, D to E, until an eventual release (Z) that has NO CODE from A.

      Now here is the questions:

      • Is product Z considered a derived work of A?
      • If not, at what point did it cease to be so? Was C a derived work? How about D?
      • Is a work that is derived from another derived work a derived work of the original, even if none of the original remains? (In derivative works, does A -> B and B -> C imply A -> C?)
      It seems as tho SCO is claiming that multiple generations are still considered derived works. It seems that everybody else is claiming 'no'.

      It is easy to make apocalypic claims using the A -> C definition, because all modern software uses the language's libraries, which were derived from earlier libraries (perhaps even written in another language). Wash, rinse, repeat.

      In that case, the rest of your post is invalid, since obviously you would have no right to any of your code (most extreme case). If derivative works cease to be derivate only when none of the original remains, then we still have problems, since much of the C and C++ language cores would be owned and abusable. So somewhere along the line, some amout of use must be legit (and that line isn't the current "Fair Use" as coded into law).

      frob

      --
      //TODO: Think of witty sig statement
    3. Re:Correct me if I am wrong, but... by Anonymous Coward · · Score: 0

      Even Z is still derivate work of A, and nobody serious here is claiming otherwise in the sense you describe it.

      However if I make a spellchecker for an already existing product, then you can't say it is a derivate product of a text editor even though I made it for a spesific editor.,,

      The same is true for the XFS file system - even though released with IRIX it was at no point a derivate work of any UNIX code, and so on.

      Linux is not derivate work of UNIX, as you would find out if you read the history behind how Linus Torvald made the kernel. If today there is some code inside the Linux kernel, it does not make it a derivate work, but could make it necesary to rewrite the parts that should not have been there.

      What SCO is trying to claim is that Linux contain so much copying that it would be virtually impossible to clean it up, and by this require a lisence from SCO. I personally would believe it is not big chances SCO should pull off such a stunt.

    4. Re:Correct me if I am wrong, but... by mark-t · · Score: 1
      The only thing which you might feel as unfair about GPL is, if you follow Bill Gates' philosophy that free software is the foundation for commercial software, that it disrupts natural code migration within software ecosystem.
      I find it amazing that a person who can start a multi-billion dollar company would not have the long-term vision to realize that this so called "natural code migration" is nothing more than software piracy on an absolutely staggering scale.

      With absolutely no exceptions, copyrighted code cannot be distributed by anyone other than the copyright holder without the permission of the copyright holder. It is up to the copyright holder to determine what constitutes permission, and if he says you can use it, distribute it, or change it however you want, then you've been given legally recognized permission. If a holder of the copyright on a work does not wish to grant permission to a particular entity the right to distribute that work, that is his right merely by virtue of BEING the holder of the copyright.

      That's what copyright *IS*, and to take that right away from a software author is the same thing as taking away the rights that Microsoft or any other company has to get upset about their software being freely distributed on P2P networks.

      First and foremost, the strength of the GPL rests in the arms of the copyright act.

    5. Re:Correct me if I am wrong, but... by dvNull · · Score: 1

      This is what puzzles me about SCO's claims. According to their logic, they are illegally distributing the combined work of hundreds of developers.

      If they say GPL isnt a valid license then they can get sued by the authors of ALL GPL software packages distributed by SCO.

      Hmm wonder what GPL's packages are distributed by SCO in OpenUnix and UnixWare ?

      dvnull

    6. Re:Correct me if I am wrong, but... by dvNull · · Score: 1

      GPL's should read GPL'd

    7. Re:Correct me if I am wrong, but... by swillden · · Score: 1

      Is product Z considered a derived work of A?

      Probably not. But who cares? Z is a derivative work of Y, which was distributed under GPL, therefore Z can only be distributed under GPL.

      If not, at what point did it cease to be so? Was C a derived work? How about D?

      IANAL, but I'd say it's simple enough: the first work that contains no code from A and does not have to be linked to anything in A in order to function is not a derivative work of A.

      All of this A, B, C, stuff is unnecessarily confusing. Look at it this way, the creator of this maybe-derived-maybe not work should just ask himself the following questions:

      • Does the work contain code copyrighted by someone other than the creator? If no, the creator made it all, and it's his to do with what he likes.
      • If yes, does the creator have the written permission of all of the copyright holders to distribute the result? If yes, then he can distribute away.
      • If no, does each piece of "borrowed" code have a license which allows distribution, and can the creator comply with all of those licenses? If yes, then he can distribute away. If any of those licenses is the GPL, then compying with the terms means his new work must be distributed under GPL.
      • If no, then the creator must get permission or he can't distribute. Period.

      Make sense?

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    8. Re:Correct me if I am wrong, but... by mark-t · · Score: 1
      If they say GPL isnt a valid license then they can get sued by the authors of ALL GPL software packages distributed by SCO.
      If the GPL isn't valid, then that means that a copyright holder doesn't actually have the rights to dictate the terms that would permit a person to distribute, even when those terms are actually completely legal in and of themselves.

      With no rights to dictate what constitutes permission to distribute, copyright dissolves altogether and what was formerly called software piracy would actually be completely legal.

    9. Re:Correct me if I am wrong, but... by Frobnicator · · Score: 1
      Is product Z considered a derived work of A?
      Probably not. But who cares? Z is a derivative work of Y, which was distributed under GPL, therefore Z can only be distributed under the GPL.
      You missed the point. That means that Y would be a derivative of A, and therefore MUST NOT be distributed under the GPL (unless you are the original author of A through Y, in which case it doesn't matter.)
      I'd say it's simple enough: the first work that contains no code from A and does not have to be linked to anything in A in order to function is not a derivative work of A.
      But in that case, it would still have code from all other releases, and those were derivative works. As I read the copyright law (

      The question remains, when do subsequent derived works cease to be derived works? The law defines it as:

      A ''derivative work'' is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is a ''derivative work''.
      It does not say anything about multiple generations of derivatives, probably because these rights have never been granted for so long. A simple search of law cases turns up nothing related to this either.

      You also said:

      All of this A, B, C, stuff is unnecessarily confusing. Look at it this way, the creator of this maybe-derived-maybe not work should just ask himself the following questions: [full ownership? not owner but has rights? ]
      Unfortunately, rules of ownership of derived works gets a little more interesting. If the author of A revokes their earlier granted license, falls under this clause:
      17 USC 2 sec 203(b)(1): A derivative work prepared under authority of the grant before its termination may continue to be utilized under the terms of the grant after its termination, but this privilege does not extend to the preparation after the termination of other derivative works based upon the copyrighted work covered by the terminated grant.
      Those other works (B thorugh Y) are derivateves based on the copyrighted work. Revoking the right might be seen as effectively preventing work on product Z. That's where asking a lawyer would be interesting.

      frob

      --
      //TODO: Think of witty sig statement
    10. Re:Correct me if I am wrong, but... by dvNull · · Score: 1

      And warez sites would rejoice ?

    11. Re:Correct me if I am wrong, but... by Frobnicator · · Score: 1
      Also, I should probably add...

      Since the courts have ruled that silence and 'nothing' can be subject to copyright, why then should white space be excempt? A truly anal company (no names, please) could simply say that an earlier derived work is still a derived work, because they preserved the copyrighted white space.

      And how can you prove that you DID NOT steal the white space in your file from another company's white space? [Remember, this was fought in court when one musician claimed ownership of a few seconds worth of silence. His silence was found to be a derivative work of another artist's silence... ]

      --
      //TODO: Think of witty sig statement
    12. Re:Correct me if I am wrong, but... by swillden · · Score: 1

      You missed the point. That means that Y would be a derivative of A, and therefore MUST NOT be distributed under the GPL (unless you are the original author of A through Y, in which case it doesn't matter.)

      Perhaps I did miss the point... you've certainly got me confused :-)

      I thought the assumption was that A was GPL'd, so why then should Y not be distributed under GPL?

      The law defines it as:

      The section 101 definition doesn't really address software, unfortunately. Given that the law doesn't provide a good definition, I (not being lawyer, judge, or indeed having ever set foot in a courtroom) would think the relevant definition is the one from the GPL itself:

      "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language.

      The notion of a derivative work for literary works is broader than what's described in the GPL. Again, drawing on my complete lack of knowledge of law, I would think that means that since the GPL is narrowing the definition (reducing the copyright holder's rights as opposed to expanding them beyond what the law allows), that the GPL's definition is the applicable one.

      It does not say anything about multiple generations of derivatives, probably because these rights have never been granted for so long.

      Or is it simply unnecessary to directly address multiple generations? In the case of the broader definition of derivative works from Title 17, it may be necessary to look at each work and its immediate ancestor, pairwise and iteratively, and your questions become more meaningful -- is the nth generation derivative really a derivative when it has nothing left of the original work? Dunno.

      In the case of the GPL's definition, however, the question is much simpler, as I described.

      If the author of A revokes their earlier granted license, falls under this clause

      I don't think that's relevant, for two reasons:

      First, no GPL software is old enough, nor will it be for quite a while, to have its grants terminated. See 203(a)(3). Chances are that by the time it's old enough under the law, no one will care.

      Second, it seems impossible for any author who distributes very widely under the GPL to comply with the termination process requirements in 203(a)(4), mainly because you have to track down and notify in writing all licensees. Ouch. Particularly after 35 years of redistribution. I suppose it's possible that you could do this by, say, publishing the termination in the newspaper, in effect notifying the whole world. I have no idea what a court would say about that.

      And in any case, under the GPL's definition of derivative work, I don't think the chain-of-derivatives problem matters. If, say, Linus Torvalds were to announce in 2024 that he was terminating everyone's license to his Dec 31, 1992 Linux kernel code, said termination to be effective Dec 31, 2027 (the law requires a minimum of two years' notice), then kernel developers could simply go through the code, ripping out and replacing the code from the terminated license. The result would be a kernel that contains none of the now-unlicensed code, and by the terms of the GPL's definition of "work based on the program", it would be clean.

      Of course, that depends on the courts hypothetically agreeing with my notion that the GPL's very precise definition overrides or clarifies the vague definition provided by law. That seems reasonable to me because (1) the author liked the GPL definition when he chose the license and (2) the GPL's definition is more precise and very reasonable.

      Personally, I'd be willing to wager that the issue of a terminated GPL license grant will never come up. By the time termination is legally permissible, the code will be so old and so valueless that no one would have any *good* reason for doing so. And courts and Congress don't look favorably on people who want to exercise their copyrights simply to screw with everyone else (c.f. compulory licensing).

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
  145. Let SCO buy you breakfast & lunch by Anonymous Coward · · Score: 1, Funny

    If anyone wants to attend the SCO technology showcase city-to-city tour, you can register at: http://www.sco.com/partners/city_to_city/oct2003/

    Of course you wouldn't want to be disruptive or critical of this fine company.

    Darl's mother must be awful proud of her son for identifying all those communists out there working on open source code. So all you degenerates, put down your keyboards and go see what SCO is all about and let Darl buy you a couple of meals.

  146. IBM custumers are not 12 year-old girls by Pac · · Score: 1

    My bet is they have a legal DDOS already planned to sue every single one of IBM's customers.

    Even if it is true, and I doubt it (I think it is too risky - judges can get annoyed and SCO may not have the kind of money needed to pull this up), unfortunatelly for SCO IBM custumers are not 12 year-old girls, college students or old grammas. As a matter of fact, IBM custumers are mostly the rulers of the global economy, Fortune 500 companies with legal arsenals at least same size of IBM's. Going down this path SCO may find itself fighting not one but ten or twenty 800lb gorillas. It would take a year's of the Florida swamps mosquito production to suck all those dry. And then some.

  147. Only If You're a Contributor by DaveAtFraud · · Score: 1

    That being said, I wonder how hard it would be to create a set of form letters such that *everyone* who has contributed to Linux could easily send their own cease and desist letter to SCO for distributing each contributors copyrighted work without a license. As has been pointed out, the GPL is the only thing that gives anyone the right to copy and distribute Linux. SCO has not only violated the GPL but Darl and company have publicly attacked it. It would be fitting to let them know what it means to not have the GPL as a basis for distributing other people's work.

    The next step would be to come up with a way to make SCO show that they have *not infringed* on anyone's copyrighted, GPLed code by incorporating it into their proprietary product(s). This would be trickier but SCO and Darl have shown they don't have a good handle on their own source code (e.g., showing some old packet filter code and claiming it was illegally incorporated into Linux). IANAL, so I don't know if demonstrated sloppy record keeping is sufficient cause for something like this. This would effectively turn the tables on SCO such that they would have to prove that they are not infringing on anyone else's work.

    If this works, it could really be fun to watch!

    --
    They that can give up essential liberty to obtain a little temporary safety deserve neither safety nor liberty.
    Ben
    1. Re:Only If You're a Contributor by Anonymous Coward · · Score: 0

      That would be fun to watch. Much more fun is to just go DL a copy of their GPL which they still give away. VOILA you are a owner of said data...

      Did a bit of digging on archive.org to see what they were doing a couple of years ago. They were HOG WILD linux, with no less than 5 different distros. Ended up in one of their support forums (current ones). They gladly tell you what source code and patches to use to enable the very techs they are saying belong to them. Which IBM AND SGI will have something to say about. They even have their own patching schema. Very interesting stuff for those willing to dig a bit. These are not patches for a old ass version of linux. They are current ones.

      They KNEW EXACTLY what was going into those patches. They released them. Those patches have the very code they are saying someone ELSE put in there. They are the ones who have released it along with IBM and SGI. Whom they were partners with not a few years ago for something called OpenLinux64. They knew what they were doing. Hell they helped DO IT. They 'give' it away and then come back and say 'just kidding'. IBM is going after the wrong people. Skip SCO go after the CEO of that company. Slander can be a wonderfull thing...

  148. Darl and the RIAA by Anonymous Coward · · Score: 0


    It's just a joke but I wouldn't put it past him
    Darl and the RIAA

  149. Not in IBM's interest by sterno · · Score: 1

    If SCO can take out SGI in court, that would establish a precedent which may then be applicable in the IBM case. That would be very bad for IBM's battle. Regardless, IBM doesn't need a court to wipe out SGI.

    Also, it occurrs to me, that having SGI go away in one quick shot would be bad for IBM in the long term. As soon as SGI dies, all other Unix flavors would see a sharp influx of ex-SGI customers. It would be much better, stock wise, if they can show growth over the long term as they slowly devour SGI, rather than getting it all in a one time spike. That way it looks more like a trend than a freak occurrence.

    --
    This sig has been temporarily disconnected or is no longer in service
  150. You need to learn more about stocks. by Mr.+Flibble · · Score: 1

    I reccomend you take a look at this book. The reasons you cannot short SCO stock will become obvious after you read it.

    However, there may still be some leeway left in options - by using puts and calls you can still make money on SCO. You must first have a margin account however.

    It really is amazing that more people don't know exactly how the stock market works. I was just talking to a guy who had $70,000 invested in the market, and was complaining at how he lost a large proportion of that. I explained "puts" to him, and he suddenly realized that he could have made money on the investment that he lost money on.

    I don't reccomend "playing" the stock market unless you know how it works.

    --
    Try to hack my 31337 firewall!
    1. Re:You need to learn more about stocks. by darkov · · Score: 1

      It would have been nice if you'd just said why you thought it's not possible to short SCO instead of the condescending pointer to the book.

      Let me say that normally you can short any stock, but only (a) if there is someone willing to lend you the stock to short it and (b) the statutory requirements for shorting are met - I'm not familiar with the exact rules, but there a maximum percentage (15%?) of the issued stock that may be shorted, also individual limits apply. At as of 3 September it was running at about 11%, so it's probably too late now.

    2. Re:You need to learn more about stocks. by Mr.+Flibble · · Score: 1

      Point. My comment did look condescending. My bad.

      --
      Try to hack my 31337 firewall!
    3. Re:You need to learn more about stocks. by Mr.+Flibble · · Score: 1

      Hmm. Things may be different here in Canada - my broker indicated that my account needed to be a Margin account to use options. I will have to look into this in greater detail.

      (One of the better things I like about slashdot is that if I post a fscked up comment like the one I just apparently did, then people call me on it, and I learn somthing.)

      Looks like I am getting called! =)

      --
      Try to hack my 31337 firewall!
    4. Re:You need to learn more about stocks. by Anonymous Coward · · Score: 0
      if it weren't for the artificial incorporating power bestowed by our government, your knowledge of the stock market would not be a skill that feeds your family, but instead an amusing board game.

      I hope it will be so one day.

    5. Re:You need to learn more about stocks. by Anonymous Coward · · Score: 0

      if it weren't for the artificial incorporating power bestowed by our government, your knowledge of the stock market would not be a skill that feeds your family, but instead an amusing board game.

      Alternatively, if it weren't for that "artificial incorporating power" nobody would have put up the capitial to start Intel or AMD or any other semiconductor company and I wouldn't be typing this on a 3GHz Pentium 4 with a gig of RAM, 200 gig hard drive, and 3D accelerator card.

      On the third hand, maybe that wouldn't be a bad thing either.

    6. Re:You need to learn more about stocks. by KlomDark · · Score: 1

      What, you're saying that progress is absolutely impossible without corporations? Come on, that's not true and you know it. Or maybe not, it seems many have been brainwashed into beleiving a lot of stupid things.

  151. Re:Is it only me by xanadu-xtroot.com · · Score: 1

    I was trying to think of a counter joke, when I found this on Google...

    There always is a couple links to the original links I was looking for when I ended up finding that...
    heh...

    --
    I'm not a prophet or a stone-age man,
    I'm just a mortal with potential of a super man.
  152. these people dont know who theyre messing with by LavaDevil94 · · Score: 1

    SCO has no case. It's attacking the GNU GPL, which is mae by the GNU. And GNU stands for GNU's Not Unix! They don't know what they're doing!!

  153. Re:Why does SCO want IBM to provide indemnificatio by iabervon · · Score: 1

    What IBM should do is offer customers idemnification with a million dollar bounty for the first person to get sued over what IBM shipped in a lawsuit that IBM can't win or get dismissed. It would be hard for SCO to spin that one to their advantage: "IBM obviously thinks that SCO might have a case, because they really want to pay someone a million dollars."

    Of course, it will hopefully not be very long before Red Hat prevents SCO from making fraudulent statements.

  154. 'Dah riekt naar ome bill' by dimmu · · Score: 1

    Oooeeh what's next, SCO revokes own UNIX license and starts focussing on Microsoft products ? I bet microsoft is between this deal, it's just all to suspicious.

    But who am I, just an UNIX-loving bastard ;)

    --
    -- Cliff Albert
  155. Why NOT yank them all! by Anonymous Coward · · Score: 0

    SCO should yank all Unix licenses. This way everyone can stop paying them royally fees. That should do well for SCO earnings.

    No Earnings will just hasten SCO's departure to dot-com heaven: Bankruptcy!

  156. SILICONE? by The+Kiloman · · Score: 1

    Silicone, eh? Is SCO getting into the breast-enlargement market?

    I'm pretty sure you meant SILICON. If you're going to use a cliche, please try to get it right.

    --
    You may disagree, but to be blunt, you're wrong. -tgd
    1. Re:SILICONE? by infochuck · · Score: 1

      Yes, sir! Everybody *loves* a jackass that corrects every single little mistake a body makes. Don't have many friends, do we?

    2. Re:SILICONE? by The+Kiloman · · Score: 1

      This coming from someone who couldn't come up with anything original, so he posted a cliche? Riiiight. Troll on, oh ignorant looser. Like I said. If you're gonna use a cliche, GET IT RIGHT.

      --
      You may disagree, but to be blunt, you're wrong. -tgd
  157. Precedents are only set on appeal by Anonymous Coward · · Score: 0

    Precedents are only set on appeal. So unless SGI loses, appeals, and loses again, there's no precedent being set.

    Non-apellate case law is not binsing on other courts.

    -- AC

  158. Great, except for a few things by mindstrm · · Score: 1

    - There don't appear to be any options available on SCO, so you can't buy puts or calls.

    - "Why you can't short stock".. . care to back that up?

    - IT's not amazing at all.. are you implying that you truly understand the stock market, and know how to make money with it for real? It's never as simple as buying puts.. hindsight is 20/20. There is ALWAYS risk.
    He could have made oney buying puts.. or, had the value increased by the market predicted amount, wasted exactly as much money on puts as he would have made in profit... or worse.

    The only people in the stock market who are making guaranteed profit are the market makers.

    1. Re:Great, except for a few things by Mr.+Flibble · · Score: 1

      "Why you can't short stock".. . care to back that up?

      Because in order to short a stock you must first borrow the stock from somone willing to lend it. In this case, no one is willing to lend SCO, so you cannot short it.

      As per understanding the stock market, I make no claims to understand the whole thing - but in my example above, the fellow I talked to who had the $70,000 invested had already made money on the stock as it had more than doubled. He was anticipating that the company would get a large contract, and the stock would go up again. However, he did acknowlege that he was concerned for the stock prior to the contract - well the company lost the contract. The stock went down, and he lost all his gains, and some of his inital investment. He was planning on selling the stock within 4 months anyhow.

      In this situation, he could have benifited greatly after the inital rise by using options. However, he was unaware of their existance. That is what I found truly surprising, that he was willing to commit $70,000 to the stock market, yet he did not know that much about it.

      And yes - there is always risk, however, in the right circumstance options represent less risk, or insurance. They are certanly far less risky than shorts.

      --
      Try to hack my 31337 firewall!
  159. Fuck SCO by theolein · · Score: 1

    Fuck SCO, fuck Blake Stowell, fuck Chris Sonntag, fuck Darl McBride and fuck their little childish lying games. This is so massively irritating that I wish they would just fucking die and burn in hell. These stories by SCO make it so painfully obvious that they are afraid of sliding into public oblivion and that they are equally afraid of any real test of their fucking bullshit.

  160. Re:Dictionary, anyone by ajs318 · · Score: 1

    Read The Flaming Licence. The GPL gives you specific rights in addition to any rights you may have under the law. Those rights cannot legally be taken away -- anyone who tries is breaking the law. Anything in the GPL which tried to take away your statutory rights would be considered null and void, but the remaining terms of the licence would still stand.

    Copyright law grants the originator of a work certain limited privileges. For a limited time, authors may control distribution of their work. For a limited period, copying - beyond a level of "fair use" to be determined by the courts - without proper authorisation is an offence.

    The GPL is exactly such authorisation; which, under copyright law, the copyright holder is entitled to grant. If you accept the GPL, then you are permitted by that agreement to do things that might otherwise constitute a violation of copyright.

    No court in the world could ever find fault with the GPL, because there is no fault to be found.

    --
    Je fume. Tu fumes. Nous fûmes!
  161. PBS!? by SHEENmaster · · Score: 1

    "Elmo knows where you live!", Elmo on the Simpsons.

    (Let's make a donation of billions of dollars to PBS on SCO's behalf, to be collected from SCO in a week or two. I'm sure they're kindhearted enough to appreciate it.)

    --
    You can't judge a book by the way it wears its hair.
  162. Can Microsoft gain from this? by Anonymous Coward · · Score: 0

    Call me stupid, but wouldn't it behoove Microsoft to support the SCO effort in some way? Would this be a company they would want to purchase?

    --The Lazy Coward

  163. I've figured out how SCO will spin this. by yeremein · · Score: 1
    SGI says:
    All together, these three small code fragments comprised no more than 200 lines out of the more than one million lines of our overall contributions to Linux. Notably, it appears that most or all of the System V code fragments we found had previously been placed in the public domain, meaning it is very doubtful that the SCO Group has any proprietary claim to these code fragments in any case.

    SCO press release says:

    All together, these ... code fragments comprised ... more than one million lines of ... System V code ... that the SCO Group has ... proprietary claim to.
  164. Waiting on... by iocc · · Score: 1

    Im still waiting on "SCO revokes microsofts windows license" :)

  165. Market makers by GlobalEcho · · Score: 1

    Market makers don't get a guaranteed profit. The way they work is that you can go and ask for a market in, say, SCO, without saying whether you want to buy or sell. They are then required to give you a market for a minimum number of shares (maybe 10 or so).

    If the market is quite liquid, they can immediately find someone to reverse the transaction on. If the market is not liquid, it could be a long time before they get out. During the time they own the transaction, they have the same up-down risk as you or me. With nonzero probability, the market-maker will go bankrupt.

    Thus, that bid-ask spread they charge is not pure profit. It must make up for the volatility in earnings arising from imperfect liquidity of the market.

    Incidentally, "guaranteed" profits can be had by holding something like Treasuries. The rub, of course, is that there's no profit margin in that.

  166. two more years by Anonymous Coward · · Score: 0

    "The case is not expected to go to trial until 2005."

    So we get to listen to this back and forth bs from both side for another 2 years.

  167. Windows looks better every minute. by Anonymous Coward · · Score: 0

    Look at it from the standpoint of a CIO...

    All these licensed OSes are subject to IP suits... Linux is threatened by similar... oh, 3 page glossy ad for Office2004!

    Gee... Oh wait, the states are suing them for a monopoly - well I can't lose in that case, and no one is ever fired for buying Microsoft...

    Sorry, while SCO is on the loose very few are benefitting, least of all Linux. The boys from Ms and Sun are sitting pretty sweet.

    1. Re:Windows looks better every minute. by 0x0d0a · · Score: 1

      I was talking about things from the point of view of OS vendors. There are a number of vendors that built their own OSes based on licensed code. I don't think that will happen again.

  168. Freudian slip by bstadil · · Score: 2, Funny

    guess the t(o)(o) many (o)(o) 's was some sort of Freudian slip

    --
    Help fight continental drift.
  169. revoking licenses.... by dR.fuZZo · · Score: 2, Insightful

    If SCO has no problem revoking licenses to IBM and SGI, then why should anyone think SCO would think twice before revoking any of those $699 licenses they're pusing on Linux users?

    --
    -- dR.fuZZo
  170. SCO business plan by icedcool · · Score: 1

    Step one: Sue companies

    Step two: ???????

    Step three: PROFIT!

    --
    Most people aren't thought about after they're gone. "I wonder where Rob got the plutonium" is better than most get.
  171. the real question... by Anonymous Coward · · Score: 0

    ...what the hell kind of koolaid are they serving at SCO headquarters?

  172. What are the odds on that? by FatSean · · Score: 1

    Those 2 12 yearolds don't have enough cash

    --
    Blar.
    1. Re:What are the odds on that? by toddestan · · Score: 1

      Easy! They download pirate copies of Linux from Kazaa!

  173. magnitude by rodentia · · Score: 4, Informative

    That said, a lawsuit of this magnitudeis for sure something to bank on. If it pans out, SCO is almost guaranteed to throw good dividends. A few hundred bucks could be worth thousands if the GPL, which has no real legal ground yet, fails to impress the courts. I'd say the odds are about even on that one.

    And you'd be a fool. The last suit of this magnitude that SCO/Caldera played they settled for a tenth of their demand. And only after MS decided to get out before their last AT trial. That was the Dr. DOS settlement, hmmm?

    Blue has no reason to back down or settle up. When this thing pans out sometime in 2008, SCO, if not bankrupted already, will be by the judgement.

    SCO is swimming in their own piss.

    --
    illegitimii non ingravare
  174. Dante ["the most vile of sin"] by mcc · · Score: 4, Insightful

    Well, now that you mention it..

    If you think a stock pump-n-dump to illegaly make money is "the most vile of sin"s then i think you need to watch the evening news a bit more......It's a crime and should be punished

    Dante's heirarchy of hell defines the worst level of sinners, those frozen with Satan in Hell's ninth and deepest layer, to be those who betray or kill country, kin, and benefactor.

    SCO/Caldera would fit this definition, having produced a sustained attack for eight months now attempting to destroy, for its own shallow gain, the linux community from which the SCO group was born-- the community which produced the thing (linux) which allowed Caldera to gain all of its current status and wealth, including the wealth it used to buy SCO and the UNIX copyrights that give Caldera the pretenses for its suit. By Dante's heirarchy, this would put them in the same circle as the lady you mentioned, though slightly further from the center.

    If you think that my definition of "betrayal against kin" is too loose, well, okay, we can free SCO of that allegation-- which has them doing a little bit better than the woman who left her 2-year old surviving for days on uncooked pasta it found-- but it should be noted that all that does is rise the SCO group up one layer to level 8, the level for fraudulence and malice, which dante apparently considered a worse sin than murder and violence (level 7).

    1. Re:Dante ["the most vile of sin"] by waynemcdougall · · Score: 1
      All of this is granted. But I doubt that Dante would envision a body corporate in the depths of Hell, and I'm not sure that a body corporate would suffer that much. Not to mention that such institutions are pracitcally immortal.

      So I'm interested: let's shove home personal responsibility. To which level do the actual actors/agents of SCO go?

      Will revoke licenses for food...

      their CEO?
      their Directors?
      their PR people? (issuing these press releases)
      their marketing people?
      their venture captialist backers?
      their lawyers?

      I can't believe anyone can claim the GPL seeks to supplant US copyright law. Have they read the GPL? Grossly incompetent, unread, or scheming conniving weasels? What place in Dante's inferno for them?

      --
      Recycle PCs and build a wireless community network www.hillsborough.org.nz
    2. Re:Dante ["the most vile of sin"] by Arker · · Score: 1

      level 8, the level for fraudulence and malice, which dante apparently considered a worse sin than murder and violence (level 7).

      And for good cause. Attacking a stranger, reprehensible as it is, does not involve violating trust. I agree with your first analysis, the decisionmakers at SCO are definately 9th circle material.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
    3. Re:Dante ["the most vile of sin"] by Arker · · Score: 1

      The decisionmakers. All are decisionmakers to some degree, of course, but some decide what the legal fiction we call a 'corporate person' does - they bear full responsibility. Some can only decide to stay or leave - they bear some, if they don't leave, but not at the same level.

      --
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-
      Friends don't let friends enable ecmascript.
  175. Putting 2 and 2 together by silicon+not+in+the+v · · Score: 1, Insightful
    Here's a small item from the end of the Business Review article.
    SCO has also filed a motion with the court in Utah asking for more time - until February 4, 2004 - to amend its pleadings and add parties. The case is not expected to go to trial until 2005.

    Why would they really need any more time? They say they have already identified over 1M lines of code that infringe--should be enough. And "add parties"?! Who else are they going to add??? They have already said that basically the whole world owes them royalties/licensing fees, so what's next--posthumous lawsuits? I hope the eventual SEC investigation will notice little correlations like this delaying of the trial to coincide with Darl McBride's incentive bonus for keeping SCO profitable for 4 quarters. The longer he can hold out the crash, the better off he is.
    --
    We may experience some slight turbulence and then...explode. -Capt. Mal Reynolds
  176. You need to learn more about stocks. by bperkins · · Score: 1

    Options are apparently sold only to stocks that have been above $5 for more than six months (according to a broker my friend talked to). Just a few more months to go, if that's true.

    AFAIK, there's no inherent reason you can't short SCO, though I agree it'd be a bad idea.

    This place:

    http://www.optionsxpress.com/

    seems to indicate that you can trade in options without a margin account.

    In fact I think you may have things mixed up.

    Shorting stocks requires margin, since there is in theory no limit to the amount of money you can lose. With options you can only lose what you paid for them.

    I haven't read your book, so I don't know for sure.

  177. not quite by Xtifr · · Score: 1

    That would seem to be SCO's offer to idemnify its customers against SCO's claims. Big whoop, I don't think anyone thought that even SCO was insane enough to start suing its customers for using what SCO/Caldera sold them.

    That does nothing to idemnify SCO's customers against any claims made by IBM.

  178. Too bad... by panda · · Score: 1

    that being an asshole isn't a crime.

    --
    Just be sure to wear the gold uniform when you beam down -- you know what happens when you wear the red one.
  179. Re:Why does SCO want IBM to provide indemnificatio by Jaysyn · · Score: 1

    Good point, but Homey always hit people with a stick soon after saying that. ;)

    Jaysyn

    --
    There is a war going on for your mind.
  180. next headline: "McBride sues himself." by Anonymous Coward · · Score: 1, Funny

    After suing his own employees, and their children,
    being that the children were derivatives of the
    employees, and suing his own lawyers and the
    president of the US, McBride now sues himself in
    a slander lawsuit, claming that all the stupid
    things he said made him look bad. He has joined
    to the lawsuit: his mother-for having him, SCO- for
    hiring him, GOD-for making a world for him to live,
    and the air he breathes, and which transmits his
    words to other ears.
    He says he is now reading the bible, and if he can
    find anyone else responsible there, they will be
    added to the suit.
    when asked if he would sue satan, he states he
    could not because of a pre-existing arrangment.

  181. Profits after termination... by Izago909 · · Score: 2, Interesting

    I'm interested in seeing their first couple of SCO's quarterly financial reports after they can't collect money from IBM and SGI. They just need to get sun and a couple other vendors to stop paying, and they will only major source of income may be litigation. I can't imagine too many people adopting their products and services with their legal record. Their only income besides litigation would be vendor lock-in.

  182. What goes around, comes around. by MrJerryNormandinSir · · Score: 1

    SCO is fighting a losing battle. Also they are in breach of the GPL. They include many open source
    applications. I hope McBride get's what's coming to him. You can be a duche' bag forever and go unscathed. Pretty soon it will come back to bite him in the ass. If you ask me, it looks like McBride is trying to pump up his stock and get it ready for a pump and dump. The GPL has a solid foundation. SCO has no merit.

  183. Hey What about Novel by eadint · · Score: 0

    excuse me but is there anyone out there that knows about novels ownership status with sys V. if you could why not shoot that information to IBM, and if you are with novel, please talk whever you need to into revoking SCO's UNIX license. it looked like from the first article that SCO doesent even own sys V if thats the case than this could all be over tomorow.
    if you work at IBM buy the license from novell and revoc SCO.

  184. Open Letter sounds like MS by red+floyd · · Score: 1

    Remember, during the anti-trust trial, MS made everything about "innovation"?

    Apparently, SCO is making everything about "software indemnification".

    --
    The only reason we have the rights we have is that people just like us died to gain those rights. -- Cheerio Boy
  185. quotes by pyrrho · · Score: 2, Interesting

    >The only way to get around this is to claim that all GPLed code has really been put in the public domain (against the specific written intent of the copyright holders).

    I cannot point you directly to the quotes, but this is exactly what they mean by the GPL not standing up. It is bizarre. And it seems based on the common fallacy of thinking that once you have the code you are in the clear... the idea that it's not illegal to possess copyrighted material, just to recieve it. Somehow, they think they can invalidate the GPL in the sense that there are no possible monetary damages. I.e. the damages of violating the GPL have no monetary value and therefore are nothing to worry about.

    It may be true about the monetary damages (but I doubt it... there are other ways to set value to the code, e.g. you can use SCOs $1400/CPU figure. ) Anyway, even if that's true it's clear that you would be enjoined from using the GPLed code... you might not get a penny, but at the very least the user would have to stop using the code.

    Now a lost of IANAL types makes this mistake, and quite a few lawyers will argue it for a fee, but there is no way it will come down like that in court.

    --

    -pyrrho

  186. If SCO keeps this up they're going to kill Un*x by Anonymous Coward · · Score: 0

    If they keep revoking everyones Un*x license, before to long they're going to be the only ones left with one, and by then, Linux will be free and clear of susposidly containing thier source.

  187. SGI responds: by walterbyrd · · Score: 1

    "SCO's references to XFS are completely misplaced. XFS is an innovative SGI- created work. It is not a derivative work of System V in any sense, and SGI has full rights to license it to whomever we choose and to contribute it to open source. It may be that SCO is taking the position that merely because XFS is also distributed along with IRIX it is somehow subject to the System V license. But if so, this is an absurd position, with no basis either in the license or in common sense. In fact, our UNIX license clearly provides that SGI retains ownership and all rights as to all code that was not part of AT&Ts UNIX System V."

    oss.sgi.com/letter_100103.txt

  188. What I don't get... by Fnkmaster · · Score: 1

    Why didn't the original Sys V licenses say that they were irrevocable? If I were IBM, and I were licensing something I was going to build a large portion of my business around, you damned well better believe the license agreement would say in 20 different places how fucking irrevocable my license was.

    1. Re:What I don't get... by Anonymous Coward · · Score: 0

      Er, I think they _do_ say they're irrevocable. What, you think a little thing like that's going to stop SCO "revoking" them?

  189. Re:Why does SCO want IBM to provide indemnificatio by El · · Score: 1

    HP can get away with it because they haven't been targeted and probably won't be before the thing is over.
    HP is also sponsoring the "SCO Road Trip", although they appear a bit reluctant to let everybody know that... I wonder why?

    --

    "Freedom means freedom for everybody" -- Dick Cheney

  190. Re:Stupid SCO...Wrong by Famatra · · Score: 2, Informative

    "donating their work to a pirated project"

    Wrong.

    Linus Torvalds' work is his, years before this SCO mess. You don't have to apply for a copyright, its automatically given in any country that has signed the Berne convention. It is only necessary to register for copyright if you plan to sue anyone for damages.

    Its lose lose for SCO; either GPL is valid and the code contributed (from all parties including Caldara/SCO) stays as is, or the GPL is invalid and the copyrights stay with their respective owners (Linus, and other developers / companies).

  191. What about Cray UNICOS by jhliptak · · Score: 1
    Since CGI purchased Cray Research at one point, don't they also have the right to UNICOS?

    I wonder if Cray had a better license for UNIX when they started developing UNICOS. At the time very few people were doing 64 bit clean code. I bet SGI could make the various licenses it has bought over the years almost as complicated as SCO.

    I remember using Cdd (Cray DoDads, a 64 bit clean Windows Xt library).

  192. Re:Is it only me by sik0fewl · · Score: 1

    Could we not just have a monthly updated or something? This is a genuine idea, I'm not just trolling :)

    But I read slashdot with all stories blocked but Caldera stories.

    --
    I remember when legal used to mean lawful, now it means some kind of loophole. - Leo Kessler
  193. Mail fraud? by rainmanjag · · Score: 1

    If they did end up sending invoices to all of these people, wouldn't that be considered mail fraud? Check out this which seems to suggest it would be.

    18 USC 1341 defines the statute.

    Maybe SCO's lawyers aren't so dumb after all...

    -jag

    --
    http://starboard.flowtheory.net/
  194. IANAL, but you have a case by Anonymous Coward · · Score: 0

    Sue them! Document it. Then when it comes to collect, and they are in your debt, get the corporate CEOs to give you a blow job or pose nude for you. Sell their photos to Playboy. Their utter humiliation for your profit. Darl are you listening?

  195. Patently obvious SCO lie by Anonymous Coward · · Score: 0

    http://www.sltrib.com/2003/Oct/10012003/business/9 7397.asp:

    SCO spokesman Blake Stowell said Tuesday that he understood the extension is being sought "for the purpose of gaining documents from IBM related to the patents they claim. . . . Some of the patents aren't even filed with the U.S. Patent Office, as far as we can learn."

    From http://lwn.net/Articles/43592/ the patent numbers are:
    4,814,746
    4,821,211
    4,953,209
    5,805,785

    Go here http://patft.uspto.gov/netahtml/srchnum.htm

    Type in the patent numbers into uspto.gov form

    You will find them all. Immediately. In fact they load up immediately after typing in the number.

  196. You know... by rune2 · · Score: 1

    I bet that fuckedcompany.com has a spot all ready for SCO.

  197. SCO Lic and Royalty by Anonymous Coward · · Score: 0

    Well from a developers perspective when SCO licenses their work, they make it impossible for a developer to own the derivative. At the end of the day we have couple of lawyers fighting over a source base that they understand nothing about. The stock price of the company goes higher and the future becomes more dubious. We are missing the developer in this picture. The developer has lost his job long back and is trying desperately to figure out how to make ends meet. I believe SCO should pay royalty's to every developer that has written the code under SCO's lic before they can morally think of launching the smear campaign against the GPL. Though if they do this they will never have any money left to fight the case.

  198. Pay? Uh Huh, So Long Suckers! by cmholm · · Score: 1

    A recent Groklaw article (you saw it here on /.) claims that SCO foresaw taking a lot of GPL'd code private, and packaging various cherry-picked apps with the existing Linux personality codes for Sys V. Linux itself? Too bad, just more roadkill on the highway to SCO's profitability.

    --
    Luke, help me take this mask off ... Just for once, let me butterfly kiss you with my own eyes.
  199. SCO Sez... by redfenix · · Score: 1

    "We are respecters of no persons." -- Ralph J. Yarro

    Couldn't have said it better myself, Ralph.

    --
    "It's a very tangled subsystem." --Windows kernel guru
    1. Re:SCO Sez... by BOFHelsinki · · Score: 1

      I could have, even when English ain't my native lingo.

      The grammar makes you wonder if he's related to a Ralph J. Yoda.

  200. Darl McBride... by Anonymous Coward · · Score: 0

    ...Should be taken outside and shot.
    Not killed.
    Just left to suffer.

  201. Dear Brother Darl... by weston · · Score: 1

    a 'best performing stock' with +800% -- is run by nice Mormons, IBM is the evil Goliath

    This is probably a good time to recycle a small rant I wrote a few weeks ago -- short version is that any Mormon with a half an ounce of sense of their own history would recognize there are shared values between the open source community and their own cultural/spiritual history.

    1. Re:Dear Brother Darl... by Anonymous Coward · · Score: 0

      that was only a Score: 2, and even that was just because of your karma bonus. get that shit modded up and maybe then I'll read it.

    2. Re:Dear Brother Darl... by LWATCDR · · Score: 1

      The one thing that does bother me about Open Source is that it almost seems to have replaced religion for some people. Even if SCO wins it is not the end of the world. SCO will not throw people in to camps and kill them just because they use Linux, they will not rape your mother, sisters, wife, or daughter in front of you just to prove there point. They will not run over you with a tank. The idea of shareing and freedom of expresion is not just a Mormon ideal, it is shared by many of the faiths of the world. What is just wrong is the Mormon bashing that is going on. There is no connecton between the LDS church and SCO. BYU does not use SCO for it's network I am sad to say :( they use Windows. What has to stop is the bashing based on religion. It is just as bad as racism.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
  202. Darl McBride, posting on ./? by redfenix · · Score: 1

    Okay Darl, why don't you just play nice with the other kiddies?

    --
    "It's a very tangled subsystem." --Windows kernel guru
  203. Sue anybody with a 3 letter acronym. by mic256 · · Score: 1

    Will they go for it and sue even the noble TLA itself? Can't be !!!

  204. Re:Why does SCO want IBM to provide indemnificatio by InfoVore · · Score: 1
    SCO really thought IBM would quietly settle.

    Of course they thought IBM would settle, or more likely that IBM would buy SCO outright. That's the Canopy Group's MO: buy/create small companies, pump up their apparent value (frequently via litigation), sell them to bigger companies.... Oh wait, this is /. I better format that correctly:

    Canopy Group Business Plan

    1. Buy/create small company

    2. Pump up company's apparent value (frequently via litigation)

    3. PROFIT! (aka sell it to bigger company)

    The really irritating thing, is it seems to be working. Canopy is making loads of money.

    --
    "These laws they're passing won't even compile anymore, let alone execute." - anon
  205. Lauro DiDio by ccwaterz · · Score: 3, Informative

    Hmm... Laura DiDio, the "analyst" that signed the NDA and commented on the similarities of the disputed code is quoted in here.

    What's the connection?

    Lauro DiDio, an analyst with the Yankee Group, said it is obvious that in Yarro, the torch has been successfully passed from the mentoring hand of Noorda.
    "In his day, Ray Noorda was very forward-thinking, able to focus in on the trees and yet still see the forest and beyond," she says. "He had a public persona as a sort of svelt Santa Claus, but behind closed doors, Ray really knew now to wheel and deal. He could be ruthless when he had to be."

  206. Re:Dictionary, anyone by Anonymous Coward · · Score: 0

    Use of the GPL neither overthrows or supersedes traditional copyright law in any sense. In fact, as you point out, it only functions via traditional copyright.

    You're either a tool, or you're naive. The purpose of the GPL is to subvert copyright. Hence the term "copyleft." Go read the GNU manifesto. Copyright is evil. Hence, the GPL is offered as a way of subverting copyright while still existing within its legal constraints, until such time as copyright, and all other IP conventions, are abolished.

  207. Legally insane ? by Anonymous Coward · · Score: 0

    Has anyone considered that he may be _really_ loosing his marbles ?

  208. Mmmmmm..... by Anonymous Coward · · Score: 0

    If the license was a continuous source of revenue, I hope the revoke it everywhere.

  209. FS != OSS != Communism by dh003i · · Score: 1

    The idea of equating Free Software and Open Source Software with Communism is non-sense. FS and OSS are just different forms of capitalism, with the owners of the software selling it for a different kidn of return than money; in other words, a different currency. Capitalism does not mean that everyone acts to maximize his monetary gain, but only his psychic gain, which is made up of many components, monetary and otherwise.

    1. Re:FS != OSS != Communism by Teancum · · Score: 1

      I think the idea here is that if it isn't capitalism, it therefore must be Communism (with the big capital C).

      I agree with you, although the philosophy behind the GPL and other open/free software licenses is not entirely supportive of pure capitalism, but it doesn't either support centralized command control economies (aka communism or at least strongly socialist governments). It is more a third philosphy that is based on the idea that status is derived from gifts to the community at large.

      It also is based on the concept that ideas must be shared in order for them to be useful. Hiding under the banner of NDA's and non-compete agreements, patents, and strong central distributors who control from whom and to whom software can be distributed is what is challenged.

      I wonder just what SCO is trying to do here? They want to control the "switch" that determines just who can own "Unix". The Free Software community is simply saying "What switch? It doesn't even exist!"

  210. Re:Dictionary, anyone by Anonymous Coward · · Score: 0

    Read The Flaming Licence. The GPL gives you specific rights in addition to any rights you may have under the law.

    Except for the one and only right granted by copyright law: the exclusive right to determine who can and who cannot make copies of your work. Under the GPL, you (the author) are REQUIRED to grant ALL parties the right to make copies of your work.

    RTFL yourself, asshole.

  211. As far as I remember... by McLae · · Score: 1

    Only one closed system has stood the test of time: Apple Macs. This is the exception that proves the rule. When the first PC came out (I was programming CP/M then) all the closed boxes started to fade. Even IBM could not reverse the tide, and had to learn to adapt and prosper.

  212. Injunction by Anonymous Coward · · Score: 0

    There should be a injunction preventing SCO making demands for money / claims, until or if they can get their act together, just like in Germany.

    The judge might even indicate specifics and lines of code will be disclosed, and his/her case will NOT be held in camera, and all evidence will be 'in the open', without obscuration.

    Reallly, IBM should insist SCO put up a bond, and get some financial guarantees, to the tune of its projected legal costs.

  213. You know.... by Anonymous Coward · · Score: 0

    If SCO loses this but survives, anyone who decided to pay for an SCO "license" ought to sign up for a class action lawsuit against SCO. That would be swell.

  214. We Respect No Persons by Anonymous Coward · · Score: 0

    "We fear nobody, and we are respecters of no persons." -- Ralph Yarro.

  215. Ayyyyup! by Anonymous Coward · · Score: 0

    My boss is a longtime true-blue IBM stockholder with connections that go back decades. He basically confirms this rumor is very likely true. IBM has a long-established record of buying out companies that used to be former IT giants: Lotus and Informix are recent examples. Novell only makes sense to be the next.

  216. Re:Is it only me by daffmeister · · Score: 1

    Yes.

  217. actually, under pure capitalism by dh003i · · Score: 1

    Pure capitalism is the anarcho-capitalism supported by Rothbard and his followers. Under pure capitalism, there would be no intellectual property. Thus, it's likely that ideas would spread, as they would not be unhampered by Statist intervention to create an artificial shortage of supply and an artificial monopoly.

  218. SCO Wants a Delay by HangingChad · · Score: 1
    Big surprise, huh? That SCO filed for an extension to Feb. 2004 so they can keep posturing in the meantime. What scumbags.

    Some of you have expressed sympathy for SCO employees, but I don't have much. If you're employer is that unscrupulous, it's time to change jobs. Yes, the job market is tight, but not THAT tight. It's been worse. I remember the 80's, near 9% unemployment. That was bad. We had to walk barefoot in the snow to the interviews, up hill in both directions. Okay, not that bad, but worse than now.

    I always keep an emergency back-up career around for just such an emergency. You can't count on anyone but number one anymore. If my employer was the pariah of the IT world, I'd jump over to my sideline job and tell them to cram it. As it is my current day job is almost fanatical in the opposite direction. They're frighteningly scrupulous. You'd never hear them talk like McBride. In fact, you don't ever hear from them at all, about anything. And that's one of the reasons they keep getting business. Because they keep quiet and get the job done. Maybe SCO could learn from them.

    --
    That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
    1. Re:SCO Wants a Delay by superchkn · · Score: 1
      Some of you have expressed sympathy for SCO employees, but I don't have much. If you're employer is that unscrupulous, it's time to change jobs. Yes, the job market is tight, but not THAT tight.
      They might as well prepare. Clearly if the SCO management had any confidence in their claims they wouldn't be selling their stock. I mean, I would think they only stand to gain large amounts of cash if they really believed their claims would hold in court. It's like a magician trying to distract the audience (and it works well, SCO stock was up $0.95 on the news).

      So, if you're dumb enough to believe in magic, by all means keep working for SCO...
  219. communistic freeware? by Anonymous Coward · · Score: 0

    You almost seem to quote from http://www.freesofty.org Well, ok, it's not their original quote neither ;-)

  220. communistic freeware(2)? by Anonymous Coward · · Score: 0

    Trying again, with - hopefully - a good link this time:

    You almost seem to quote from http://www.freesofty.org

    Well, ok, it's not their original quote neither ;-)

  221. SCO is a national security risk by WhiteWolf666 · · Score: 1

    I'm serious.

    SCO is hurting both American competiveness, and national security.

    What's the legal standing of the NSA's Secure Linux?
    Uncertain.

    What's the legal standing of the entire American open-source industry?
    Uncertain.

    What's the rest of the world doing?
    Adoping open-source software as fast as possible.

    By spreading baseless Fear, Uncertainity, and Doubt, SCO is honestly doing serious damage to an important American industry.

    If SCO pursues plans to attack every American company that has purchased an old AT&T Unix license, it will seriously hurt our IT sector. Especially if their strategy is to delay, delay, delay.

    I doubt the rest of the world will put up with this kind of legal nonsense; SCO was kicked out of Germany, and I suspect their case would go nowhere anywhere in the world except the U.S.

    This is bad news of the entire industry. Even though SCO's claims are totally baseless. Even though IBM will win in court.

    SCO's strategy of spreading doubt breeds uncertainity. SCO's strategy of claiming all sorts of nonsensical things scares companies away from Linux, AIX, and IRIX. This is bad, very bad, for our economy. It pisses me off that the government is NOT investigating SCO. I'm sure there are countless regulations they are violating->if the source code was subpoened, I believe that there would be sufficient proof that SCO is knowingly trying to defraud companies out of money. RICO, whatever--->there must be some statute they are violating.

    If American Linux and Unixes (don't forget this DOES include the BSDs, SCO has specifically included them in their nonsensical claims) remain under this cloud of litigation, EVEN THOUGH SCO will loose in the end, Windows adoption rates will increase, while Unix/Linux will remain stalled.

    This will happen in households, in corporations, and in government organizations.

    SCO is a national security risk. They are driving us into the arms of Microsoft, by scaring middle managers away from both old school unix vendors and new school linux distributors.

    It's time for the SEC, or some state attorney general, to start an investigation.

    I know that I'm going to start writing letters demanding an investigation.

    I'm as loathe as the rest of you to play the 'patriotism' card, but this shit is really pissing me off. And I don't want to see the nation scared away from Unix and Unix-like (read SVR4 'derivative'), because it WILL hurt our international competiveness, and it WILL hurt our national security.

    --
    WhiteWolf666 an exBush supporter. All you new-school,compassionate,save the children Republicans can rot in hell
  222. SCO is not even in my radar. by Anonymous Coward · · Score: 0

    I simply don't consider them. We have no alternative but to use Cost-free software, we simply have _no_ money. We are totally out of cash. Nothing. Nichts. Nada. Nadie. Rien. Zero, got it?

    Right now, we must go from an sclerosed Office 97 userdom to a nimble community of Oo.o adopters, and I don't know how to do it! We should have started this before, but we didn't (well, I did at home, but this won't count much now).

    Now what? It's not lack of guts on my part, I'd do it. But my Windows-using colleagues aren't so assured. And we have almost ten thousand users to switch, many of them seniors and/or non-technical.

    Sometimes reality sucks!

  223. indeed... by croddy · · Score: 1
    "but I have a kid at home alone!"
    "shut up and get in your cell."
    "don't I get a phone call?"
    "I said shut up."

    things are not always as they seem.
    and more often than not, the cops are the vile ones.

  224. ASS? by GQuon · · Score: 1

    Too bad, I'd like to show it to the FTC, the postal inspector and the Commonwealth's Attorney.

    Show them what, his ass or the invoice?


    Depends on what "ass" means.

    Arse: The invoice, hopefully. They can't go after SCO blind, after all. (Too short time to learn Braile.)

    Donkey: The ass should be shown to Darl. Then, on its own initiative, the ass would kick him. Then we can say: "Darl! You are such an ass, that EVEN IN THE UNITED STATES OF AMERICA, ASS KICKS YOU!"

    --
    Irene KHAAAAAAN!
  225. It bounced back up a dollar... by leonbrooks · · Score: 1

    ...but sagged back about 1/3 of that by the end of the day. Looks like the seals on their stock pump are starting to leak - even Joe Clueless Investor is starting to notice that TSG's claims are literally incredible. I think it helped when some negative news finally hit the protected newswires that stock firms publish, and Joe Clueless is starting to ask "can that really be true?" and look at external news sources for a change. Give the next group about a day to figure out the consequences, and expect the stock to sag heavily late on Friday despite being propped up artificially by Gates-boarded companies.

    --
    Got time? Spend some of it coding or testing
  226. Very! by leonbrooks · · Score: 1

    Not sure what to make of that at all, it does seem too definite to be coincidence, doesn't it?

    --
    Got time? Spend some of it coding or testing
  227. They are really after the money by Anonymous Coward · · Score: 0

    As if trying to weazel money out of Linux customers (home and commercial) isn't enough...now SCO is trying for SGI!!!??? Why not...they can grab all the cash from the movie studios now (for the most part they either use Linux or SGI).

    SCO needs to be squashed like a bug!!!

    Its a wonder all the stock holders of SCO haven't sold out yet...can McBride actually pull the wool over their eyes that much?

  228. No bills yet? by KOE21 · · Score: 1
    in August said Linux users could avoid lawsuits by paying a one-time fee of $699. The fee will rise to $1,399 on Oct. 15. Since the response to its appeal was adequate, SCO didn't send bills to thousands of Linux users, company spokesman Blake Stowell said.' [emphasis added]. We all knew there was no way they'd risk actually sending out invoices, and here's the proof."

    In other words, SCO is going to wait until Oct. 15 before sending out invoices so they can charge the full $1399.
  229. SCO is the drunk wifebeater of Software. by gelfling · · Score: 1

    It came home drunk again, pissed off that its boss terminated its useless drunk ass and it started wailing on the little lady, the kids, the dog. Soon the cops will show up and it'll be in the Lay Z Boy, no shirt, one flip flop, screaming for its cigarettes and threatening to bash his crying wife's face in as they duck walk it to the police car.

    That's SCO; an episode of COPS.

  230. Could someone answer me one question by The+Analog+Kid · · Score: 1

    Why does SCO care if IBM indemified their customers or not? Doesn't that mean if IBM doesn't SCO can go after those other companies too. Is SCO going to indemify their customers if IBM or the FSF finds GPL code in the Sys V source? That's all SCO really talks about "indemifying the customers." They aren't SCOs customers so why should SCO worry?

  231. Barbie Distro? by radon28 · · Score: 2, Funny
  232. Oh man, this brings tears to my eyes! by pair-a-noyd · · Score: 1

    I have visions of Firmage standing on the banks of the Deleware river on Christmas night, giving this speech to his troops of OS coders.

    (Where the hell is my three pointed hat and musket when I need it!!)

  233. Good one. by Chris+Burke · · Score: 1

    That's funny shit. :)

    --

    The enemies of Democracy are
  234. SCO does not challenge the GPL per se by 96804896 · · Score: 1

    SCO claims IBM had no right to distribute some code under the GPL. IBM argues SCO themselves distributed said code under the GPL, so SCO must attack the GPL to have a case. You say if the GPL was invalid SCO violated the copyright of the Linux authors including IBM.

    Actually SCO believes they never put the code in dispute under the GPL, even being part of the kernel they distributed under the GPL. So what they really challenge is the legal binding of viral clauses of the GPL. How authors weave copyrights, perhaps accidentally, by mere distributing. Contrast this with their "all your code becomes Unix" theory which is based on a contract signed by both parties.

  235. Re:Why does SCO want IBM to provide indemnificatio by frkiii · · Score: 1

    I think IBM is preparing a very big nasty stick that will do the job nicely. ;)

    Regards,

    Fredrick

  236. Hey Zeus what a troll! by Arker · · Score: 1

    SCO, however, has gone from under $5 in may to over $20 today. That's very strong performance. You'd be a fool to sell it short now, since it's guaranteed to go up more.

    Umm no the folk that shorted it when they first started this crap were fools, I'll grant... but it's reasonable to short it now. They've been struggling to avoid a total collapse for weeks now.

    That said, a lawsuit of this magnitudeis for sure something to bank on. If it pans out, SCO is almost guaranteed to throw good dividends.

    If it pans out to anything near the level SCO implies in their press release, the US Court system will be so self-evidently bankrupt that no businessman will be able to take it seriously. It will have descended to the level of an Iraqi or Zimbabwean court, if not lower.

    A few hundred bucks could be worth thousands if the GPL, which has no real legal ground yet, fails to impress the courts.

    "No legal grounds?" Now that's the sure sign that you're a troll, no one that's spent 20 minutes researching the subject would make such a blatantly ignorant statement. The GPL stands on legal grounds of US copyright law. It doesn't need to 'impress' the courts, it's a straightforward offer of privileges which US copyright law (and copyright law in most other countries) reserve to copyright holders, on certain conditions. If you do not agree to those conditions, you are left with the default copyright rules. Either SCO agreed to the GPL, and are bound by it, or they didn't and their entire business for several years has been copyright infringement. Either way they have no future, and idiots that follow advice like yours are going to lose a lot of money.

    I'd say the odds are about even on that one.

    And I'd say I hope you're rich, because if you'll back up your talk with cash I can take as much as you've got.

    Even odds eh? I'll take it. By 2006 SCO's claims will have been thoroughly repudiated by the courts, or dropped. Even odds. As much as you've got. If you have the balls to make the bet we can find an escrow.

    --
    =-=-=-=-=-=-=-=-=-=-=-=-=-=-
    Friends don't let friends enable ecmascript.
  237. Re:Dictionary, anyone by ajs318 · · Score: 1
    Under the GPL, you (the author) are REQUIRED to grant ALL parties the right to make copies of your work.
    But copyright holders are not required by law to use the GPL; they have agreed voluntarily to its terms.

    Without the additional rights given by the GPL, Joe User can only make copies subject to the "fair use" provisions of the law, as determined by the courts. If it ever came to court that someone had been taping albums to play in their car, they could claim fair use and no jury in the world would convict them, at least, not if two or more of them had cassette decks in their cars :-) Of course, if by some freak chance, RMS, Linus, ESR, Bruce Perens and eight others from the Free Software community ever got called up for jury service in a copyright case where the defendant was claiming fair use, then, we might well see a new legal precedent set. Or a great fight :-)

    If someone writes a piece of software but doesn't release it under the GPL, then anyone can still attempt to obtain permission to make a copy of it, and there are even a few copyright holders who will grant such permission. There is no legal grey area there. As the copyright holder, that is their right for a limited time, and such permission as they grant to you is legally valid as long as you comply with any enforceable conditions.

    But if the author believes that it is more important that everyone should have access to their software than that they should have the right to deny access to certain people, and chooses to release their software under the GPL, then that is their own decision. The GPL explicitly grants users limited rights to distribute software. However, the GPL specifically does not give users the right to appropriate software for use in non-GPL projects. This is the crucial difference between GPL and PD. The public domain does not have any protection from plundering. If you place a piece of software in the public domain, someone else can steal it in its entirety, repackage it, claim copyright on it and take you to court for violating their copyright. If they tried that with a piece of GPL software, your copyright would stop them from doing that. {A new law making it illegal to lift material from the public domain and copyright it would have the same effect. The problem is that with no copyright holder, there would be no-one to bring action in such a case}.
    --
    Je fume. Tu fumes. Nous fûmes!
  238. I am become SCO, by AlanS2002 · · Score: 0

    Destroyer of Unix.

    --
    Not all conservatives are stupid,
    but it is true that most stupid people are conservative.
    - Hume
    1. Re:I am become SCO, by AlanS2002 · · Score: 0

      This is what I want to know, how can something that is not 'rated' be 'over-rated' as the parent of this reply is. Clearly there is an abuse of the system going on here and Slashdot needs to do somethign to make it that such abuses can not be continued.

      --
      Not all conservatives are stupid,
      but it is true that most stupid people are conservative.
      - Hume
  239. I thought it was something like... by Anonymous Coward · · Score: 0
    Darl McBride
    c/- Turd Reception Department
    The SCO Group
    ...
    Not that I'd suggest for a minute that sending offensive article through the US Postal Service is going to do anyone any favours (or actually get to anyone except some poor mail room dweeb on a minimum wage)

    AC.

  240. Somebody PLEASE... Caldera Logo. by SharpFang · · Score: 1

    All the SCO FUD news are marked with Caldera logo. It's true Caldera is owned by SCO but it's not Caldera that claims to have code stolen and placed in the kernel. Someone PLEASE use some real SCO logo or whatever from now on with all SCO vs Linux news and stop bringing shame to otherwise innocent Caldera people.

    --
    45 5F E1 04 22 CA 29 C4 93 3F 95 05 2B 79 2A B2
  241. Re:Dictionary, anyone by Anonymous Coward · · Score: 0

    Utterly irrelevant ramblings.

    Go read the GNU manifesto. Go read everything that RMS has written on the subject of "copyleft." It was intended from the get-go to be a subversive paradigm. The GPL is most certainly designed to supplant--that is, to overthrow or displace--the centuries-old tradition of copyright.

  242. "Supplement" maybe by PhilHibbs · · Score: 1
    Given that the GPL relies on copyright law, and does not remove anyone's rights under copyright law unless they deliberately choose to do so.

    Maybe they're referring to the alleged situation where:

    1. IBM includes SCO code in Linux
    2. SCO distributes Linux without realising that their code has been included
    3. Open Source anarchists claim that SCO have therefore lost their copyright
    4. No profit for SCO!
    I remember saying that that was a bad arguement to get in to.
  243. Lets go back in time! by Anonymous Coward · · Score: 0

    One of the major selling point of that wholly remarkable Operating System, UnixWare, apart from its relative cheapness and the fact that it has the words "Linux Inside" written in large friendly letters on its cover, is its compendious and occasionally accurate ChangeLogs. The statistics relating to the amount of Linux Code, for instance, are deftly set out between pages nine hundred and thirty-eight thousand and twenty-four and nine hundred and thirty-eight thousand and twenty-six; and the simplistic style in which they are written is partly explained by the fact that the coders, having to meet a publishing deadline, copied the code from the linux kernel source, hastily embroidering it with a few footnotes and comments in order to avoid prosecution under the incomprehensibly tortuous Galactic Copyright laws.

    It is interesting to note that a later and wilier coder sent the source backwards in time through a temporal warp, and then successfully sued the linux companies for infringement of the same laws.

  244. Re:Dictionary, anyone by ajs318 · · Score: 1

    I have read and agree with the GNU manifesto.

    Copyright law was originally proposed as a means of encouraging creativity, by granting originators of works a certain time-limited monopoly over their distribution in return for a promise that the work would eventually pass into the public domain for the benefit of everyone. I believe the original term was 25 years or until the death of the author, whichever occurred sooner. At the time when copyright was first conceived, this might well have been a good idea. Many authors would have been too poor to afford their own printing presses, and would have had to rely on the services of a commercial printer to see their work enter print. An unscrupulous printer might attempt to pass off a client's work as their own. So some sort of law to protect authors from being ripped off by their printers probably was in order. Copying books by hand would have been too much effort for all but the most determined. However, this is conjecture on my part as I Was Not There.

    What is certain is that in recent times, copyright has been abused. What was originally intended to encourage the creation of new works eventually to enter the public domain, is now being used just to scrape up cash and actually discourage entry of new works into the public domain. I would not hesitate to call that "subversive". Check my sig - progress has value only if it is shared by all. Conversely, any attempt to deny access to the benefits of progress devalues progress. What do you suppose would have happened to the human race if the person who discovered how to make fire tried to keep the secret to themself, or licence it only to a select few?

    The GPL is something like jiu-jitsu - the idea that you can use your enemy's strength and weight to your own advantage. As I stated above, there is currently no protection for works in the public domain against being lifted and copyrighted. Were there such a law, which would have to mean that any derivative work based on a work already in the public domain would be uncopyrightable {a work which merely draws its inspiration, or takes only a tiny portion of content, from a public domain work would be analogous to "fair use" of a copyrighted work}, it is quite likely that there would be no need for the GPL, because anyone who wanted their work available to everybody could simply release it into the public domain.

    Believe me, the only thing I would like more than such a properly protected public domain would be the simple and outright prohibition of closed-source software. That actually very nearly happened.

    --
    Je fume. Tu fumes. Nous fûmes!
  245. SCO and MY money by Anonymous Coward · · Score: 0

    SCO can have MY money when they pry it from my cold, dead hands. I have been running system V ever for as long as i have been running linux. I thank IBM for supporting the GPL.

  246. Re:Dictionary, anyone by raygundan · · Score: 1

    Zing! Boy, you got me there. Never mind that the GPL and the whole concept of "copyleft" outlined in the GNU manifesto fail miserably when there is no copyright law for them to exist in.

    From the manifesto itself:

    How GNU Will Be Available
    GNU is not in the public domain. Everyone will be permitted to modify and redistribute GNU, but no distributor will be allowed to restrict its further redistribution. That is to say, proprietary (18k characters) modifications will not be allowed. I want to make sure that all versions of GNU remain free.


    If everything's public domain, then there is no longer any copyright-license-based method of requiring people to release their changes and deriviative works back to the public. The best you could do would be some sort of contract agreement with every user.

    It's JUST a LICENSE AGREEMENT. Same as agreeing to let Adobe have your firstborn on installation. Or negotiating a site license for windows. Without copyright, it couldn't exist.

    I probably am a naive tool by your definition. But so what? I'm no linux shill. I gave up trying to use it as a desktop OS after I realized I was spending hours configuring dependencies for things i could do in under a minute in windows. It's nice on a server at work. Use the best tool for the job. (which at work means having the source is an excellent future-proof insurance policy) The politics annoy me.

  247. WTF is a lemming?? (n/t) by Anonymous Coward · · Score: 0

    WTF is a lemming?

    1. Re:WTF is a lemming?? (n/t) by Hellkitten · · Score: 1

      Didn't bother to search the web did we?

      Everything 2 says this

      --
      - We are the slashdot. Resistance is futile. Prepare to be moderated -
  248. From the well-actually-dept. by revividus · · Score: 2
    I know of a 12 year old girl, at the junior high youth group in the church I attend, who apparently really dual-boots Windows and Linux. She has no older brothers so I can only presume she chose to attempt this all by herself.

    There is hope for the youth of America!

  249. Re:Dictionary, anyone by Anonymous Coward · · Score: 0

    I have read and agree with the GNU manifesto.

    Then you are a fucking moron whose opinion matters to no one.

  250. Where to I send my money by jason.mitchell · · Score: 1

    Holy shit since claims they own the rights to linux.. in that case where do I said my money? ..Since when do they own the rights to linux to start charging for it? Haha. Ya SCO. By the way if anyone wants to prank call the Darl McBride (SCO CEO)... heres the cock suckers number http://www.google.com/search?hl=en&ie=UTF-8&oe=UTF -8&q=darl+mcbride+utah&btnG=Google+Search

  251. An idea!!!!!! Anyone in SLC? by Anonymous Coward · · Score: 0

    Someone in SLC should follow this up. Print out a hundred or so invoices to various fortune 500 companies that are known to use Linux. Just for fun, add a couple of tenacious small companies as well. Print them up to look like they came from SCO. If you can figure out how to do it, go to SCO and drop them off at the front desk (maybe wearing a Kinko's hat or something) and tell the receptionist that these addressed letters are ready to be delivered.

    Then leave. Your job is done.

  252. Barbie distro? by HiggsBison · · Score: 1
    So... Penguinista Barbie, with sparkly penguin and Pink Hat Linux?

    Any ideas for Barbie distros of BSD, BeOS, etc.?

    With IT being what it is today, would it be the same as Burger Flippin' Barbie?

    How about Java-coding Barbie? Web Designer Barbie? uh... uh... Imperial Stormtrooper Barbie, with pink armor and sparkly blaster rifle!

    Ok, the root beer's gone to my head again.

    --
    My other car is a 1984 Nark Avenger.
  253. Moderation by GQuon · · Score: 1

    A user had given a moderation of Funny (+1) to your comment, ASS?, attached to SCO Derides GPL, Will Revoke SGI's UNIX License. That moderation has now been undone, probably due to the user posting in the discussion after moderating in it. Your comment is currently scored Normal (1).

    You?
    Well, it doesn't matter. My karma was allready excellent, and "Funny" doesn't count.
    Thanks for liking it. I'll be here all week.

    --
    Irene KHAAAAAAN!
  254. Damnit. by KewlPC · · Score: 1

    As an IRIX user, this can't be good. Fuck.

  255. Okay. by mindstrm · · Score: 1

    You hit it in your last line though.. it's not options that would have saved him... being smart and not risking all his gains in the first place would have saved him.

    My point was that options are based on predicted growth... If the market moves as predicted, what you spent in options cancels out any profits..... the only benefit is if you have puts and the market doesn't meet predicted values, or calls and the market beats the predictions.

    Unless his expectations were much higher than everyone elses, buying some puts would have been just as good as not putting money in in the first place.

  256. Logic vs. Rationality by whittrash · · Score: 1

    Keith Devlin wrote a mathematics/philosophy book that deals with a similar issue. People are 'rational', not logical. Because we have such a long history using logic, and now the scientific method, which is a very specific logical process to define phenomena, we often assume that logic is the defining criteria when we make decisions. This is true in some cases, but it can also be a tremendous fallacy. People are not always logical, people will do what they 'feel' is appropriate most of the time.

    EXAMPLE:
    In Iraq, what made the few Republican Guard units that stood their ground hold fast, it wasn't a logic we usually appreciate. Logically, they would be destroyed, and they were destroyed. It was emotion, loyalty, pride or fear that made them stand firm; but that act lead to their doom, or in their eyes martyrdom. I imagine how these peoples families remember that sacrifice, and perhaps our failure to honor that sacrifice may be part of the problem we are facing now in Iraq.

    EXAMPLE:
    Linux supporters, why do they support Linux so blindly. For them, it seems Linux means freedom from control, it is a political and social statement, not a logical one. The idea of taking your future in your own hands is liberating, it feels good. Therefore, Linux is a superior model for providing freedom from control to users and coders by making software free and free to use. However Microsoft has a model which provides superior earnings from software by making it proprietary and expensive. The Linux proposition is freedom, the Microsoft proposition is to cash in. This is a value judgement, a statement about our beliefs and priorities. Where you stand depends on what you believe is most important. Interestingly, people who have to pay mortgages are more familiar with the Microsoft model, in my experience they are much more sympathetic to Microsoft than Linux.

    It is a mistake to assume that logic is a superior tool to a rational human thought. Logic, especially scientific logic, it based on a discrete set of principles, where the process is structured around a hypothesis which is then built upon. For example, SCO logic is based on the hypothesis that all Unix inheritors should belong to them. It isn't strictly scientific, but it looks quasi scientific and thus appeals to superficial examination, especially by investors looking for a quick buck, or anyone enamored with the idea of making lots of money and locking down a permanent source of cash to enrich themselves beyond their wildest dreams. A logical SCO argument does not take a disparity between rationales into account. There is no place in the SCO methodology for any intervention to accomodate Linux users because the basic proposition of Linux is anathema to them. So the SCO logic is inexorably propelled forward to certain conclusions which cannot allow certain interventions or the entire logical proposition would collapse, I.E. make craploads of cash in perpetuity whereas Linux unlinks direct profit from software. 'Revoke AIX', 'License fees', 'Sue SGI'. These thoughts are highly logical, but are brought out of a warped and twisted rational framework that cannot 'fairly' consider the rights of Linux users. It is amazing how SCO has been corrupted, it now repudiates everything it once stoof for.

    In the big picture. Linux users would do well not to underestimate SCO, or the future SCO's of this world. In a larger sense, SCO represents the Microsoft model, which is to make cash from a proprietary system. This is also the system that suburbanites appreciate; they like the idea of having direct control over a piece of real estate (as Microsoft does and they do), and using that property to accumulate wealth is central to their way of life. They would probably see Linux as a disturbing force, a force not compatible with their way of life, a threat to ownership and therefore 'Un-American'. These people were powerful enough to turn aside a judgement against Microsoft. If SCO is able to bring these people on board, Linux