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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."

124 of 681 comments (clear)

  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 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.

    6. 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?

    7. 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.

    8. 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!

    9. Re:Stock? by infochuck · · Score: 3, Funny

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

    10. 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!
    11. 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.
    12. 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.

    13. 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.

    14. 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

    15. 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.

    16. 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?
    17. 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.

  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 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"
    2. Re:SCO vs 12 year old girls by jszep · · Score: 2, Funny

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

  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 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???
    3. 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*
    4. 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.
  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 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
  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.

  6. 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.

  7. 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.

  8. 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 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.
    2. 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
  9. 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 ]

  10. 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 Ayrehtek · · Score: 2, Funny

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

  11. 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.
  12. 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.
  13. 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 . . .
  14. 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 Elwood+P+Dowd · · Score: 2, Interesting

      And thus Ximian as well.

      --

      There are no trails. There are no trees out here.
    2. 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

  15. 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 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.

    2. 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.

  16. 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.
  17. 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.

  18. 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
  19. Joe Formage? by imadork · · Score: 2, Funny

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

  20. 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 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.

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

      SGI's response:

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

  21. 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.

  22. 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?

  23. 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 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.
  24. 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!

  25. 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

  26. 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.
  27. 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 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.

    6. 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

    7. 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 ;)

  28. 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.
  29. 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.

  30. 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.

  31. 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....

  32. 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

  33. /. 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.
  34. 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.

  35. 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...

  36. 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.

  37. 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 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

    3. 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.

  38. 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.

  39. 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.
  40. 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.

  41. 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.

  42. 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."

  43. 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.

  44. 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*
  45. 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
  46. Re:Must be time... by turambar386 · · Score: 2, Informative

    It's always time to sell stock!

  47. 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!

  48. 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*
  49. 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.

  50. 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!
  51. 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.

  52. My prediction by Stonent1 · · Score: 3, Interesting

    IBM buys SGI. Just as a way to piss off SCO without bending to their whim.

  53. 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!"
  54. 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

  55. 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.

  56. 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

  57. And in other news by Anonymous Coward · · Score: 3, Funny

    SCO has also revoked your birthday.

  58. 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."

  59. 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?

  60. 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? ;-)

  61. 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.

  62. 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).

  63. 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!
  64. 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.
  65. 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
  66. 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
  67. 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).

  68. 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.

  69. 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

  70. 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).

  71. 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.

  72. 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."

  73. 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.

  74. Barbie Distro? by radon28 · · Score: 2, Funny
  75. 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!