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SGI Code Changes Not Enough, Says SCO
yeremein writes "According to this vnunet.com article, SCO's code changes Update: 10/04 20:51 GMT by T : (This should read "SGI's" rather than "SCO's.") removing arguably System-V-related code from SGI's Linux submissions is 'not enough.' According to Blake Stowell of SCO,
'Making minor amendments to its XFS file system doesn't cure the breach. SGI must do more as outlined [in the August letter] to cure all of their breaches.' But later on in the article, we learn what was outlined in the August letter:
'We don't believe that SGI has taken all of the steps necessary to cure all of the breaches, and in fact in our letter to them, we state "SGI's breaches of these agreements cannot be cured."' So SCO essentially told SGI, 'You're in violation of our contract and unless you remedy the violations, we'll pull your UNIX license. Oh, BTW, you can't remedy the violations.' This looks to me like the clearest example yet of how SCO is acting in bad faith." Read on below for another snippet of SCO strangeness.
An anonymous reader writes "As many are aware, SCO has sought (and got) a 4 month extension to its IBM lawsuit. According to the Salt Lake Tribune: '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."' I thought this was worth looking at, and quickly found that the patents in question are 4,814,746, 4,821,211, 4,953,209, and 5,805,785 - which can be found by typing in their numbers in this USPTO form."
It seems that SCO is just trying to piss off the Open Source community. Breaches that can't be remedied? How exactly is this possible? Programs can be written hundreds of different ways. I think SCO is making up its rules as it goes along, much like a race I participated in during 5th grade. I clearly won, but my opponent then seated himself and said, "er... you have to sit down too, so I win!" That's no good.
Esoteric reference.
That doesn't make sence since the vast majority of Linux systems in use don't require any of the features SCO is claiming rights to.
As it looks it will never be enough.
And looking at two factors:
1. SCO is not willing to take any approach to solving problem (FSF approached them, they didn't answer), nor willing to take any solution as creditable
2. SCO is currently making more money than it would if problem would be solved
the only solution is to take this to court as soon as possible. Then everything will matter again. Until then just let SCO bark as it does.
Signature Pro version 1.13.2-3 release 83.5 beta3try7 after-breakfast edition
It's clear that these people want to destroy *nix, destroy the GPL, the Open Source community... the whole concept of Intellectual Property altogether. Not to mention (but I will) that they don't intend to stop until rob all monetary value of any software and/or services derived therefrom.
It's war. SCO declared it, and is actively on the attack. They intend to vanquish their enemies... us. To win this war, you defeat them, crush them... DESTROY them.
IBM, SGI and the rest of SCO's declared enemies should join forces and take these people down... and crush them so badly that noone else should ever even THINK of pulling this nonsense again.
The problem with socialism is that they always run out of other people's money. - Margaret Thatcher
Then I want to let SCO try to prove in court that "thier" code was required for Linux to thrive. It would also show a judge that SCO's potential customer base for UnixWare was a tad smaller than SCO likes to claim.
This would be better than replacing the code short term. It would show that the technologies which SCO says customers would have purchased UnixWare to get were in fact virtually irrelevant.
The speedy trial thing in the 6th amendment applies to criminal cases. The SCO stuff to date all involves civil cases. Both sides in this dispute have been allowed extensions, it's all a part of the game.
You do not go after someone with shallow pockets on a flimsy claim on a contingency basis.
They might be rodents but they are not dumb rodents.
Adding SGI to the IBM claim makes the issues harder for SCO as both IBM and SGI can point the other party if they need to. SCO can't just claim that One or the other did somethng they have to be specific, so it adds legal risk with pretty much zero legal upside.
Help fight continental drift.
If it were avalible on such a server, how many line by line comparisons would we have in a week? How far would SCO's stock fall once a few reporters got a hold of it? (remember, reporters could republish a lot of it if it is nessisary for their news reporting WITHOUT SCO's approval, and WITHOUT violating (c) law)
What kind of a judge could possibly issue that kind of a ruling? Imagine now, if nVidia accuses ATI of violating its IP and demands all ATI customers to pay nVidia $699 within 3 months, or $1499 afterwards. Chances of this kind of ruling, even if SCO pulls out a miracle and proves something, are somewhere in between -0 and +0.
Like everyone here, I don't believe that there is a case. I could care less if IBM breached a contract with SCO: it won't affect free software once the infringments (if they exist) are released to be fixed. In any decision, I cannot fathom a scenario where SCO will be allowed to "win" in their battle against Linux.
Likewise, I also agree that the SCO execs are "pumping and dumping". Whether they will get away with it or not, time will tell.
But I think that the main source who is pulling the strings has GOT to be Microsoft. They have figured out that throwing FUD at Linux has not, and likely will never, help. Plus their lawyers have examined the GPL and likely come to the conclusion that it is completely unassailable.
Linux has been making steady progress and slowly taking market share from Microsoft. This comes at a time when MS has to start charging more for their products in order to grow revenues (since they have essentially no room to grow in terms of customers) and when they have virtually no new products of note ready for release in the next couple of years! This is a prime time for customers to look into Linux adoption.
How can MS stem the tide? They can't start directly hurling the legal scare tactics (probably get even Ashcroft looking at them in disapproval for that), so they quietly get the SCO execs on board, and get them to do their dirty work for them? Anyone think this is plausable?
Look at the tomato! Isn't it sad? He can't dance! Poor tomato!