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ACCC Asks SCO To Explain Themselves

An anonymous reader writes "The Australian Competition and Consumer Commission (ACCC) governmental organization has issued a request to SCO to provide information regarding complaints filed with it, according to The Age. This deals with issues regarding SCO's IP claims, and statements regarding the need for commercial Linux users to obtain a Unix licence. With any luck, that'll be Slashdot's daily dose of SCO news..."

32 of 254 comments (clear)

  1. Alternative Link on SMH.com by Sir+Haxalot · · Score: 4, Informative
    --
    I have over 70 freaks, do you?
  2. With any luck... by Black+Parrot · · Score: 5, Funny


    > With any luck, that'll be Slashdot's daily dose of SCO news...

    No, with any luck there will be another story today about the SEC suspending trading of SCOX and the FBI carting Canopy Group's board and execs off to jail.

    --
    Sheesh, evil *and* a jerk. -- Jade
    1. Re:With any luck... by amcnabb · · Score: 3, Interesting

      It appears that the ACCC is much more competent than the SEC.

      This comment:

      It asked the ACCC to investigate SCO's activities in light of "unsubstantiated claims and extortive legal threats for money" against possibly hundreds of thousands of Australians.

      shows that the ACCC really understands what's going on.

      With all of the complaints I've sent to the SEC (and I'm sure thousands of other Slashdot and Groklaw readers have done the same), I'm surprised that the SEC hasn't done anything yet. But in any case, I don't think the SEC won't be able to sit around idly once IBM is through with SCO.

    2. Re:With any luck... by mark-t · · Score: 5, Funny
      with any luck there will be another story today about the SEC suspending trading of SCOX and the FBI carting Canopy Group's board and execs off to jail
      no... that wouldn't just be "any" luck... that would be poetic justice at its finest.
    3. Re:With any luck... by Disevidence · · Score: 5, Insightful

      No the ACCC doesn't understand whats going on, thats why they are asking SCO for a please explain. A Victorian group has complained about it, and ACCC are trying to find the facts from both sides.

      But its always good to see our ACCC responding to complaints in the right way, by finding out the facts. Hopefully this all pans out well for Aussie Linux Users.

      --
      Think nothing is impossible? Try slamming a revolving door.
    4. Re:With any luck... by rongage · · Score: 2, Informative

      That's because the SEC can't do something until there is an actual crime committed. When it comes to appearances and "guessing", the SEC is completely powerless to do anything.

      And before anyone makes some noise about "their execs are dumping their stock holdings now", remember that the one exec who has been selling his stock had filed a plan with the SEC back in January to do so.

      The best (and arguably only) place for us to file complaints with is the Federal Trade Commission. Even then, it takes more than "they might be doing something wrong" to get them to take notice. The federal entities can not act preemptively (except the millitary, but that's another story) so they can not stop SCO from being annoying.

      Some have made noise asking why the courts don't stop SCO. Again, they can't until someone goes through the motions of filing a lawsuit asking the courts to do so. The courts cannot act preemptively.

      --
      Ron Gage - Westland, MI
    5. Re:With any luck... by honestpuck · · Score: 3, Insightful
      ACCC couldnt enforce mandatory breathing on anyone, let alone get this right.
      Actually the ACCC has done a pretty good job at understanding technology in several cases. I was involved in a case (as expert witness) where they and the TGA stopped a guy trading prescription drugs over the 'net. The people at ACCC showed a good understanding of what was going on. They also did a good job when the music publishers tried to stop several record stores from legally importing records from South East Asia. All the publishers ended up paying large fines and damages to the stores.
    6. Re:With any luck... by roystgnr · · Score: 4, Interesting

      And before anyone makes some noise about "their execs are dumping their stock holdings now" remember

      If my memory differs, can I make noise anyway? ;-)

      that the one exec who has been selling his stock

      Yahoo lists sales from their Senior Executive Vice President Reginald Charles Broughton, their Chief Financial Officer Robert K. Bench, their Vice President Jeff Hunsaker, their Senior Vice President Michael Sean Wilson, and their Controller/Vice President Michael Olson. Last I checked the total sales were up over $2.5 million dollars, and I've been told that the only reason Darl isn't getting in on the action yet is that his contract doesn't give him his stock options until they've had four quarters of payola (er... profit) from Microsoft and Sun.

      had filed a plan with the SEC back in January to do so.

      And as long as they then suddenly realized that they should trump up a multibillion dollar lawsuit and have it ready to make public less than two months later, that's fine. According to analyst Laura Didio, on the other hand, SCO was deciding what to do about "blatant SGI violations" more than a year ago, in which case the fact that several of their execs filed to sell most of their stock shortly afterward seems a lot less coincidental.

  3. yeah, right by mOoZik · · Score: 2, Insightful

    Something tells me they still won't release any actual code and provide proof that it was/is theirs. Nothing new from SCO...

    1. Re:yeah, right by zekt · · Score: 5, Interesting

      They actually may have to, as the claim is that their attempt to get licences amounts to extortion. If the ACCC sees this as a case of extortion they may be asked to show proof or face court. The Australian Competition and Comsumer Comission actually has some teeth. This may actually be an inetresting one to keep an eye on.

      --
      In my next incarnation, I hope to come back as a code monkey.
  4. This is... by Matrix2110 · · Score: 2, Funny

    This is one small step for mankind, and hopefully one giant leap into the inferno for SCO.

  5. SCO-isms by mcrbids · · Score: 5, Funny

    Let's see how many /.-isms I can throw into a single sentence:

    The SCOmbag behind this fiaSCO, $CO is SCOspiciously silent when people say, "show me the SCOurce"!

    How's that? What did I miss?

    --
    I have no problem with your religion until you decide it's reason to deprive others of the truth.
  6. SCO's answer by segment · · Score: 4, Funny

    Well you see Mr. Crocodile Hunter, Sir, the problem
    all started when developers started using the
    following snippets of code:

    main()
    {alarm(10);sleep(5);write(1," something",12);exit(0);}

    As you can clearly see, the way () is used, is an
    obviously blatant rip-off of the way our patents
    are written. Sure there are open source zealots
    and we love them all, but realistically speaking
    Mr. Dundee your honor, your aboriginee, we feel
    it is unfair for anyone to use main() without a
    brand new SCO license.

    Thank you your boomerang tossing mate.

    1. Re:SCO's answer by Now15 · · Score: 2, Insightful

      Here in Australia, Steve Irwin is largely ignored. The Crocodile Hunter doesn't even screen on Australian TV...

      --

      Computers are useless: they can only give you answers. -- Pablo Picasso
  7. Re:the ACCC... by Anonymous Coward · · Score: 2, Interesting

    They made it legal to chip PS2's and XBoxes... They have teeth in Oz and we like them. They are on the side of good.

  8. Now there's a surprise. by Channard · · Score: 3, Informative
    We hear about it in October. Do I get the impression this is not being treated witha great deal of seriousness?

    No surprise there. The only time I've ever seen a goverment 'watchdog' group do anything was when they took the franchise away from a region rail operator in the UK. By and large all they seem to do is go 'Stoppit. Or we'll cry.'

    1. Re:Now there's a surprise. by Anonymous Coward · · Score: 5, Informative
      Actually, the ACCC tends to really kick arse. For instance, they just told Qantas they couldn't merge with Air New Zealand (thank god... look what Air NZ did to Ansett). If you breach the Trade Practices Act, they don't ask you to stop (or cry)... they prosecute.

      Personally, I think the delay with the SCO issue has been that it's just not as important as some of the other major cases they have been dealing with lately (i.e. Pan Pharmacueticals and the ever popular kicking the sh*t out of Telstra). Now that the guns are turned on SCO, I suspect that SCO is in for an interesting time indeed.

      For instance, when I lodged my complaint with the ACCC, the person who answered the phone already knew all about the issue. This implies that lots of complaints were lodged and that the ACCC has a large body of evidence already.

      It's popcorn time...

    2. Re:Now there's a surprise. by hype7 · · Score: 3, Informative
      No surprise there. The only time I've ever seen a goverment 'watchdog' group do anything was when they took the franchise away from a region rail operator in the UK. By and large all they seem to do is go 'Stoppit. Or we'll cry.'


      Maybe that's how it works in the UK, but here in Australia businesses are often complaining about how sharp the teeth are of our ACCC.

      Google search for ACCC blocks searching Australian sites turns up a bit over 2000 hits. The last big one I remember was when it stopped QANTAS from buying a stake in Air NZ.

      -- james
  9. Re:the ACCC... by sholden · · Score: 4, Informative

    So why do Australia's biggest companies campaign so strongly against it?

    Having the ability to deny companies that want to merge with or buy out each other doesn't seem to correlate with having very little power.

    Only a month ago, they refused to allow Qantas and Air New Zealand to merge. Today they won in the high court against Visy Paper for anti-competitive practices.

  10. Well done by evil_roy · · Score: 4, Insightful

    This is actually better than a lawsuit. The ACCC has real teeth in Australia and can demand and enforce instant compliance. The fact that they use these powers for somewhat dubious outcomes is a point of contention here, but a referral their way has to be at least investigated.

    These guys love publicity and this is win/win for them. They get to flex some muscle and no Aussie company(read Packer or Murdoch) will be asked to do anything.

  11. Re:Hello... Thank you... Bye... by Charm · · Score: 2, Insightful
    I guess they should get a form letter back... "Thank you for taking interest in our Linux license program. Please visit our website for further details and be sure to sign up for our mailing list".

    That might work in the USA but other countries actually have working legal systems.

    --
    -- RTFM:Slackware::Beer:Saturday
  12. SCO's Explination: by freidog · · Score: 2, Insightful

    You see, we SCO execs were rich, but not filthy rich
    So Darl, and a bunch of the guys decided to go around making absurd claims about how everyone and their grandmother who had access to the System V code dumped said code (which we will claim we own (yes, even the public domain parts) for the purposes of said absurd claims) into Linux.
    Thus, with promises of massive payoffs from those hapless users who unkowingly used what we claim is our property, the uniformed MBA's over on wall street will want to buy our otherwise worhtless stock. And then; 3. Profit!.

  13. Re:SCO by narkotix · · Score: 2, Interesting

    sco cant explain...sco cant sell in oz... simple :-)

    --
    We played dungeons and dragons for 3 hours.....then i was slain by an elf
  14. Re:Wha? by GrouchoMarx · · Score: 3, Funny

    Whoever heard of a govt telling a software company what to do.

    Yeah, in this country it's the other way around.

    Hm.... "In Soviet Russia..." Nah.

    --

    --GrouchoMarx
    Card-carrying member of the EFF, FSF, and ACLU. Are you?

  15. Re:SCO by fucksl4shd0t · · Score: 4, Funny

    sco cant explain...sco cant sell in oz... simple :-)

    I wonder how badly it will hurt them to lose their customer in Australia, anyway...

    --
    Like what I said? You might like my music
  16. Re:SCO by narkotix · · Score: 2, Informative

    true, but they still are alive and kicking in oz for certain platforms but are being phased out by linux, solaris or *bsd

    --
    We played dungeons and dragons for 3 hours.....then i was slain by an elf
  17. Companies are noticing by Anonymous Coward · · Score: 5, Interesting

    I work for dell in the servers division and we get a monthly newsletter. When the SCO news broke, the blurb was something like "IBM got sued by sco", anything bad for IBM is good for us
    In Later weeks it was more like "they are threatening us" but Redhat will fight for us, we need not worry
    This weeks newsletter is the best. It actually uses the word FUD against sco, also pretty much rooting for IBM.The blurb was something like, IBM has a great amount of IP and SCO stands no chance. We wont indemnify customers yet, but we are thinking about it.
    It looks like old enemies are being pushed to the same side of the table, united against a common enemy.

  18. Re:You are subpoenaed to appear before Kangaroo Co by vidarh · · Score: 3, Informative

    The earliest recorded usage was in the US in 1853. There's absolutely no indication the term originated in Australia, though there is apparently some evidence linking it to the California goldrush, where it may have been used as early as 1849. Many Australian prospectors took place, and one explanation for the term is that it was coined by Australian prospectors referring to the way claim-jumpers were prosecuted outside the legal system. In other words: It was likely a termed coined by Australians to refer to the (lack of) justice in the US.

  19. SCO's IP claims by sela · · Score: 4, Interesting
    In a recent intreview here Chris Sontag, SCO veep, says:

    You've said that the offending code cannot be 'cleaned' from Linux. Why not?
    Sontag: I'm not sure that it can't be. The question becomes, will it? Beyond the 80 or so lines of code that we show under nondisclosure to interested parties, we have identified some examples of more than a million lines of code that have gone into Linux in the form of programs and files such as NUMA (non-uniform memory access), RCU (read, copy, update), and the JFS (the Journal File System from AIX).

    So all they got is just 80 lines of code, don't they? That's the whole story ... after all, even in the unlikely event that the court decides adding RCU,NUMA etc. to linux is a breach of contract, they clearly don't have any IP claims over this code.

    In other words: if you follow closely what SCO are saying, you realise that all the IP claims they may (and then again, may not) have is not more than 80 lines of code. Isn't it lovely?

  20. Response by Citizen+of+Earth · · Score: 3, Funny

    With any luck, that'll be Slashdot's daily dose of SCO news...

    Accompanying any news that might pose a threat to share price, we can expect even more outrageous claims from SCO today in response.

  21. "We're a bunch of selfish, greedy bullies." by leonbrooks · · Score: 2, Funny
    That'd be an honest explanation, anyway.

    The SCO Group ANZ seem to be pretty reasonable compared to D'ohl, but I really do hope they get shut down in Oz, or at least fined into submission. It might lead the producers of some of the vertical market apps that I occasionally bandage up to port their product to a UNIX platform in which gormlessness features less strikingly.

    --
    Got time? Spend some of it coding or testing
  22. Zero lines. by leonbrooks · · Score: 4, Informative

    The "80" they showed weren't owned by SCOX, in fact they may get into breach-of-copyright trouble if certain BSD developers complain about SCOX filing off the copyrights and BSD licence banners. Which might explain why they're - to quote Linus - "playing it like the Raelians".

    SCOX's claim, if you can believe this, is that because IBM, SGI et al created JFS (which I don't use), NUMA (which I don't use) etc while they were licencees for the UnixWare sources, SCOX controls the rights to those technologies. This despite at least IBM's contract explicitly leaving the rights to such works in IBM's hands even if they had been derived from the UnixWare sources (which they weren't).

    I'm sort of wondering if/how SCOX got any rights to even use any of the listed technologies, since they don't hold any of the patents on them, but IBM do.

    --
    Got time? Spend some of it coding or testing