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SCO Selective About Linux Licensees

cdunworth writes "According to the IDG news wire, SCO is now telling the vast hoardes of willing new Linux licensees that, unless you are a Fortune 1000 company, you can't buy a Linux license. Not yet. Why the delay? In return for your $699 payment, they don't have to send you anything more than a piece of paper." At least home users of Linux can take solace in knowing that they don't have to pay up yet. It doesn't always pay to have deep pockets.

409 comments

  1. I'm confused now.. by grub · · Score: 1


    ..unless you are a Fortune 1000 company, you can't buy a Linux license.

    but.. but.. The SCO$699FeeTroll has been telling everyone to buy a license! What is a teabagger to do?

    --
    Trolling is a art,
    1. Re:I'm confused now.. by neildiamond · · Score: 1

      Why does he keep getting modded down. He's only trying to help. It is pretty funny actually. (Well okay funny the first 50 times.) Slashdot needs to lighten up.

    2. Re:I'm confused now.. by Trolling4Dollars · · Score: 1

      Damn! I love it. An annoying troll got trolled by a non-troll! That is why you are on my friends list.

    3. Re:I'm confused now.. by Anonymous Coward · · Score: 0

      no arabs or muslims there just us mormons.

  2. selective? by Anonymous Coward · · Score: 1, Funny

    So, they're selective about linux licenses, but they'll sue anyone. Yeah.

    1. Re:selective? by Anonymous Coward · · Score: 3, Interesting

      This is in fact going to hurt any chances of suing ppl in the future (liberal use of the word chance here). If SCO wont sell a license unless you are someone important, then again your usage cant be causing them any damages they care about. The fact they issued a price for individual licenses and wont sell any sounds like it would fall under some kind of false advertising scam.

    2. Re:selective? by webtre · · Score: 1
      some kind of false advertising scam

      I'm at a loss. Isn't that what they've been doing the whole time?

      --
      litigious bastards
      suck it sco!
    3. Re:selective? by idontgno · · Score: 2, Insightful

      Selective like a hoe. Only come after you if they think you've got the money.

      --
      Welcome to the Panopticon. Used to be a prison, now it's your home.
    4. Re:selective? by Anonymous Coward · · Score: 0

      No, what they've been doing is straight-out fraud.

    5. Re:selective? by Tuqui · · Score: 1

      It's more clear now that they are only bluffing to inflate the stock price.

  3. Oh no! Help! by JamesSharman · · Score: 2, Funny

    Does this mean I'll have to pay for a full price licences for my Tivo, Router and network enabled coffee maker instead? I'm worried this is the case because I'll be unable to purchase the licences before November the first like I was going to.

    Whatever will I do?

    1. Re:Oh no! Help! by subk · · Score: 0, Redundant

      I don't know but it looks like the Sharp Zaurus is about to become REALLY expensive!

      --
      Now, if you'll excuse me, I have backups to corrupt.
    2. Re:Oh no! Help! by Zeinfeld · · Score: 5, Informative
      Does this mean I'll have to pay for a full price licences for my Tivo, Router and network enabled coffee maker instead?

      Nope, the way the case works the licesne fee sets the maximum damages in the case that they took you to court.

      It is unlikely that SCO can claim any damages because the plaintif in any tort is required to mitigate their damages. In other words someone drops a cigarette near your house, you watch the cigarette set fire to your lawn, your deck and you do nothing to try to stop it even though you are sitting next to a fire extinguisher. The person who dropped the ciggarett asks to use the fire extinguisher, you refuse. No you cannot claim the cost of rebuilding the house as damages.

      In this case SCO has deliberately avoided mitigating its damages by refusing to be specific as to which parts of the code are in dispute. They know that the minute they do so those parts of the O/S will be rewritten whether or not there is a genuine copyright issue.

      SCO cannot claim for damages that it is intentionally causing. The users of Linux have a right to avoid infringement by using an alternative implementation not covered by a SCO copyright claim.

      --
      Looking for an Information Security student project suggestion?
      Try http://dotcrimeManifesto.com/
    3. Re:Oh no! Help! by Free_Meson · · Score: 1
      I'm sorry, but this just doesn't make sense. It can't be right.

      Nope, the way the case works the licesne fee sets the maximum damages in the case that they took you to court.

      What they choose to charge for their license has little to do with what they could win in court. If it were the upper limit, no one would ever buy a license. There are penalties for copyright infringement beyond merely paying for the license -- that's why it's so expensive to get caught using pirated or unlicensed software, no? If not, and the "true" license is the legal claim price and most people pay a discounted price up front then which price is the $699 license?

      It is unlikely that SCO can claim any damages because the plaintif in any tort is required to mitigate their damages. In other words someone drops a cigarette near your house, you watch the cigarette set fire to your lawn, your deck and you do nothing to try to stop it even though you are sitting next to a fire extinguisher. The person who dropped the ciggarett asks to use the fire extinguisher, you refuse. No you cannot claim the cost of rebuilding the house as damages.

      Aren't informational torts different? It's one thing to burn down someone's house -- that deprives them of a house. With copyright infringement, though, I can steal from you without you losing anything other than potential income -- you would make less money rather than lose it. Likewise, putting out a small fire on a carpet will stop my house from burning down while posting the code that has been stolen on a webpage comes with no such guaranty. In fact, in the case of copyright theft, it would be logical to know that the thief knows what was stolen, and they are obliged to fix the problem. Copyright theft on the scale being described by SCO in their press releases would not be accidental. On top of that, though, they may feel that disclosing which parts of linux contains their stolen IP would reduce the value of that IP. If I have, say, a grease fire and all I have to fight fire is water then you can't blame me for not throwing water on the fire...

      That being said, the statute of limitations for civil suits is normally only a year or two after the date of discovery (this varies based on what kind of suit it is, of course)... I wonder when SCO discovered their stolen code or that IBM stole it...
    4. Re:Oh no! Help! by Hellkitten · · Score: 1

      In fact, in the case of copyright theft, it would be logical to know that the thief knows what was stolen, and they are obliged to fix the problem.

      But the end user that they want money from isn't the one they claim is the thief

      Let's say someone robs my house and steals a painting. Then he gives you 20 paintings. I report that he stole a painting but not what it looks like. Then I say to you, you have a painting in your collection that is mine, you can't give it back because I won't say which one it is, gimme money!

      Do you think I'd get any money from you in the real world?

      --
      - We are the slashdot. Resistance is futile. Prepare to be moderated -
    5. Re:Oh no! Help! by Reziac · · Score: 1

      Well, if you buy a license for that coffee maker, be sure it includes the standard product liability clauses. That way when it overloads the circuit and burns your house down, you can sue SCO for smoke damage.

      (clearly I need my morning caffeine... ;)

      --
      ~REZ~ #43301. Who'd fake being me anyway?
  4. This is getting ridiculous by Sir+Haxalot · · Score: 3, Insightful

    In return for your $699 payment, they don't have to send you anything more than a piece of paper
    Do SCO really think people will pay this? Or do they have a 'long term strategy plan'?

    --
    I have over 70 freaks, do you?
    1. Re:This is getting ridiculous by Anonymous Coward · · Score: 0

      Do SCO really think people will pay this? Or do they have a 'long term strategy plan'?

      I would guess their long term strategy plan is to trick investors into building up the stock so the SCO execs can dump their's at a huge profit and then let the company go bankrupt.

      They'll try to avoid indsider trading claims by saying it was linux users pirating their code that forced them into bankruptcy.

    2. Re:This is getting ridiculous by Sir+Haxalot · · Score: 1

      I would guess their long term strategy plan is to trick investors into building up the stock
      If I HAD invested in SCO I would have dumped the shares LONG ago. If the execs really think this irrational behaviour will make people actually want to buy their shares... well, they must have something wrong with them.

      --
      I have over 70 freaks, do you?
    3. Re:This is getting ridiculous by greenskyx · · Score: 2, Insightful

      They don't care if you do it or not, they already got that 50 Million dollar investment just a bit ago (most likely from Microsoft) and other money from Microsoft before that.... They have already made 50+ Million even w/out selling any pieces of paper...

    4. Re:This is getting ridiculous by UrgleHoth · · Score: 3, Funny

      Yeah, their backup plan is to sell land rights like this to other planets. Except that the moon is already taken, so SCO is going to sell plots on Uranus.

      --

      Dogma - "let's just say we'd like to avoid any empirical entanglements."
    5. Re:This is getting ridiculous by Anonymous Coward · · Score: 1, Interesting

      Not to mention the millions the executives and their families have made dumping SCO stock while it's been going up.

      Make no mistake, SCO has already won this battle.

    6. Re:This is getting ridiculous by ansak · · Score: 4, Insightful

      Except that people ARE ponying up to buy shares (and float loans) at these ridiculous prices. Who says the market is intelligent?

      Or to put it another way: if you understand the technical issues, you probably haven't spent enough time on the economic ones to see the value of the bet the way the economists do. Conversely, if you understand the economics, you probably haven't spent the necessary time to grok the technical issues enough.

      Sounds like a great opportunity for a scam artist (SCO) to play off both sides (geeks and investors) against the middle and walk away (Hey! How could we know the court would find against us?).

      cheers...ank

      --
      Still hoping for Gentle Treatment...
    7. Re:This is getting ridiculous by jon3k · · Score: 1

      http://news.com.com/2100-7344-5092702.html

      It was NOT from Microsoft! A company called "BayStar Capital" made the "investment" - if you can call it that.

      I guess its a lot like "investing" in nickel slots, just on a larger scale.

    8. Re:This is getting ridiculous by x_man · · Score: 1
      Except that the moon is already taken, so SCO is going to sell plots on Uranus.

      I thought Klingons already had the rights to Uranus.

    9. Re:This is getting ridiculous by dipipanone · · Score: 3, Interesting

      Except that people ARE ponying up to buy shares (and float loans) at these ridiculous prices.

      People? Or investment firms? I suspect that most of the people who are buying SCO stock are doing so with other people's money.

      So you can kiss your pension goodbye for a start.

    10. Re:This is getting ridiculous by Anonymous Coward · · Score: 0

      No, the Strapons do.

    11. Re:This is getting ridiculous by Usquebaugh · · Score: 1

      Who owns the company that owns Baystar?

    12. Re:This is getting ridiculous by Anonymous Coward · · Score: 0

      So you can kiss your pension goodbye for a start.

      I did that a couple of years ago after the company invested in OSDN.

    13. Re:This is getting ridiculous by jon3k · · Score: 1

      Not a clue - care to share with the rest of the class?

    14. Re:This is getting ridiculous by rutledjw · · Score: 3, Informative
      There was an article in Fortune about it. BayStar is a company that invests specifically in companies who are making IP-related claims against other companies. It seems as though they invest to make sure that the company who's been "violated" can pursue their claims in court in the hopes that they (BayStar) can reap the rewards if the case is won.

      Pretty cool, huh? Kinda makes ambulance-chasing and RIAA lawyers look noble...

      --

      Computer Science is Applied Philosophy
    15. Re:This is getting ridiculous by Angram · · Score: 1

      An excellent choice of real estate! Given its lack of solid surface, you can continuously sell the same plot over and over again (go ahead and try to stick in a flag or build a wall).

      --

      GL
    16. Re:This is getting ridiculous by QuackQuack · · Score: 1

      SCO is not the type of company most pension-type funds would touch. High-risk hedge funds, maybe.

      SCOX it's a small or microcap stock that was trading in penny stock territory not long ago, and now has a price to earnings ratio of 143 (very expensive)! It is a highly speculative investment.

      Since it's a smallcap stock, large mutual funds can only take a relatively small holding in SCOX, (after all, you don't want to be the one bidding the price way up, who will you sell to?)

      So you need not worry about SCO ruining your retirement.

      --
      By reading this sig, you agree to the terms of my sig license.
    17. Re:This is getting ridiculous by mickwd · · Score: 2, Funny

      Never trust a man who tries to stick a flag in Uranus.

    18. Re:This is getting ridiculous by yourmom16 · · Score: 1

      I knew there was a connection between SCO and goatse!!!

      --
      "We have got to make Stan understand the importance of voting, because he'll definitely vote for our guy." - South Park
    19. Re:This is getting ridiculous by EverDense · · Score: 1

      Well SUCK IT UP BayStar! you're about to get SCO's arse handed to you by IBM.

      --
      http://jesus.everdense.com/
    20. Re:This is getting ridiculous by FuzzyDaddy · · Score: 1

      Yes, that's why I invested in large, safe, well established entities - like Enron!

      --
      It's not wasting time, I'm educating myself.
    21. Re:This is getting ridiculous by Anonymous Coward · · Score: 0
      BayStar is a company that invests specifically in companies who are making IP-related claims against other companies.
      <cool>Good for a few $K as a speculative investment (nudge nudge, wink wink) eh, fellas?</cool>
    22. Re:This is getting ridiculous by FuzzyBad-Mofo · · Score: 2, Informative

      According to their latest insider sales report, Michael P Olson (SCO VP and Controller) has made a cool $678,734 from sales on 52,500 shares in the last three months. Also see the substantial sales by Robert K Bench (SCO's CIO and CFO), and Reginald Charles Broughton (Senior VP).

      Seems like the top brass doesn't have too much confidence in the sustainability of their business model..

    23. Re:This is getting ridiculous by Anonymous Coward · · Score: 0

      Hey! They better leave my anus alone! I'll sue!

    24. Re:This is getting ridiculous by Ho-Lee-Cow! · · Score: 1

      But they can file a frivolous lawsuit and drive lunaregistry out of business and THEN profit with a Microsoft Solution!

      --
      In space, no one can hear you moo.
    25. Re:This is getting ridiculous by Anonymous Coward · · Score: 0

      Please try to keep the conspiracy theories to a minimum. Just because Daryl's open mouth resembles goatse dosen't mean that there is any connection.

    26. Re:This is getting ridiculous by yourmom16 · · Score: 1

      I was referring to this quote from the parent:
      SCO is going to sell plots on Uranus

      --
      "We have got to make Stan understand the importance of voting, because he'll definitely vote for our guy." - South Park
  5. Hmmm.. by stanmann · · Score: 1, Funny

    SO by the time I will be able to pay for a license the rate will go up...

    Guess I should use windows... That way I'll just be using pirated software and not illegal software...

    --
    Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    1. Re:Hmmm.. by gilleyj · · Score: 1

      Why buy a license anyway. A license would be for the pre-trial version of linux. During trial all offensive code (if there really is any except for acient public knowlage code that has been out for a long long time.) should be revealed right? (IANAL) it'd be a matter of days before a "no sco code" version of the linux kernel comes out. Hence, not licensable by sco. Is that incorrect? I mean that's putting alot of pressure and dependance on the kernel coder's that are out there in the world but I think they have their own vested interest into making sure they can continue to have a product that cannot be profited by someone who contributed nothing. It just seems to me that the only issue is pre-buying a license before anything has actually been proven in court is somewhat akin to making a law after the fact and trying to procecute someone for something they did before it was a law. Or simpler, extortion. Isn't that the real issue anyway?

      --
      feh
    2. Re:Hmmm.. by SillySlashdotName · · Score: 2, Funny

      Vegetarians eat Vegetables, Humanitarians frighten me.

      'Vegetarian' is an old indian word meaning "bad hunter"!

      --
      Acts of massive stupidity are almost never covered by warranty. --me.
    3. Re:Hmmm.. by eatdave13 · · Score: 1

      I don't eat salad.

      That's what food eats.

      --
      "Verbing weirds language." -- Calvin
    4. Re:Hmmm.. by stanmann · · Score: 1

      And remember Vegetables are people too....

      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    5. Re:Hmmm.. by tkg · · Score: 1

      SO by the time I will be able to pay for a license the rate will go up

      I was wondering about this. Is SCO giving the poor suckers -er- customers that call in for a license a rain check on the $699 price or are they being told they have to wait until they can be charged the $1399 price?

    6. Re:Hmmm.. by Anonymous Coward · · Score: 0

      Only on VeggieTales.

  6. Solace by Our+Man+In+Redmond · · Score: 3, Insightful

    At least home users of Linux can take solace in knowing that they don't have to pay up yet.

    Personally I'm taking solace in knowing that I don't have to pay up, ever.

    --
    Someone you trust is one of us.
    1. Re:Solace by Anonymous Coward · · Score: 0

      Or is it "soul ice"? Whatever.

    2. Re:Solace by thehickcoder · · Score: 1

      Is that a GTA:VC reference?

    3. Re:Solace by Evil-G · · Score: 1

      I wonder if fortune 1000 companies will now be taking Solaris in knowing that they don't have to pay up, ever?

  7. Well by stratjakt · · Score: 0, Troll

    SCO look at the stock prices and the pump and dump!

    It's all a big constiporacie!

    And linux is Free and I think that all businesses are going to use linux so microsoft is behind all of this!

    IBM is going to destroy these stupid SCO guys!

    --
    I don't need no instructions to know how to rock!!!!
    1. Re:Well by BillFarber · · Score: 2, Funny
      It's all a big constiporacie!

      What the Hell is that?

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

      Somewhere out there.
      They are conspiring.
      To not give a shit.

    3. Re:Well by Anonymous Coward · · Score: 0

      It is a feeble attempt at spelling conspiracy.

    4. Re:Well by tkg · · Score: 1

      I think it's a Night Court reference.

  8. My Guess by jtkooch · · Score: 3, Interesting

    Is the delay is to add "legitimacy". When it goes to court, they cn present these Fortune 1000 companies that have been suckered in as proof that people feel they need a license for Linux.

    1. Re:My Guess by Liselle · · Score: 1

      That sort of "proof" is only valid in the court of Public Opinion, not a court with real judges. When it comes down to the nitty gritty trial in court, these things hold no water, SCO will have to float on the merits of their real case. Honestly, they could use all the help they can get: they are currently somewhere between the RIAA and convicted baby-killers as far as reputation goes.

      --
      Auto-reply to ACs: "Truly, you have a dizzying intellect."
    2. Re:My Guess by canajin56 · · Score: 3, Insightful

      I'm no lawyer, but the fact that you have "convinced" somebody of something doesn't mean it is any more credible.

      Does the fact that lots of people bought shares from those scam artists selling plots of the Moon and Mars lend their claim that "International law says no country can claim celestial bodies...therefore, since I am not a country, I can and do. Shotty Mars!" any credibility? Nope

      People bought the shares because they were cheap...and if it WAS credible, it would be an EXCELLENT investment, since the price would go up when we start colonizing. Similarly, Fortune 1000 companies think it is relativly cheap to proff themselves against even the remote possibility of a billion dollar lawsuit like IBM is getting. Even if they think the claims are rediculous, a cost-benifit analysis probably shows they shouldn't really take the risk...and the shareholders will insist.

      --
      ASCII stupid question, get a stupid ANSI
    3. Re:My Guess by gl4ss · · Score: 1

      i would say it's the other way around.

      they're scaring people into buying something that they can't buy, it's quite hard to sue them then and later bitch about how they didn't buy something they couldn't even buy.

      they just don't have anything to sell, and thus don't want to sell and make those contracts because it could lead them into a messy hole as well(despite all the clauses in the so called licenses that have been floating around).

      --
      world was created 5 seconds before this post as it is.
    4. Re:My Guess by molarmass192 · · Score: 2, Interesting

      You cannot be sued for somebody else's copyright infringement. So long as you never had access or saw the SCO Sys V code, there is no legal way for them to take action after you. That's like somebody trying to get $10 from you because the Puff Daddy CD you bought contained a sample of a song they wrote and have a copyright on. The only people liable are the copyright infringers and this is always defined by access to the original work in question. SCO would like to blur this point until it's nothing but a light gray smudge but the fact remains that under current copyright law, SCO's case against Linux users (not developers) is extremely unlikely to even be granted a hearing in court.

      As for licenses, anybody can try to sell you a license for virtually anything. I can ask you to license chewing as a method of eating. I can even say I'm going to enforce that license through legal means. You'd be a fool if you paid up because again, no court would accept to even hear such a case. However, that doesn't mean I can't ask you to buy a license.

      Patents are a completely different story but then again, this case is not about patents.

      --

      Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws-Plato
    5. Re:My Guess by frostman · · Score: 1

      the Moon and Mars...

      Well, lots of people did buy plots on planet Enron, which sure sounded like a planet...

      Mr. Lay subsequently laughed all the way to the Moon Bank.

      Hmmmm.....

      --

      This Like That - fun with words!

    6. Re:My Guess by spacefrog · · Score: 1
      • I'm no lawyer, but the fact that you have "convinced" somebody of something doesn't mean it is any more credible.

      Hmmmmmm....So "convincing" a judge and jury would not be important?
    7. Re:My Guess by HiThere · · Score: 1

      I bought one of those because it was neat to frame the deed and hang it on the wall. I knew in advance that it wouldn't hold up (well, almost certainly). But that wasn't the point.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    8. Re:My Guess by MntlChaos · · Score: 1

      they are currently somewhere between the RIAA and convicted baby-killers as far as reputation goes.

      which is lower?

    9. Re:My Guess by bladernr · · Score: 1
      The only people liable are the copyright infringers and this is always defined by access to the original work in question.

      This is true in the traditional sense, but doesn't this change with Open Source? Let's say that I am the ACME Corporation, and one of my programmers does some work on the Linux kernel as part of his employement with my company?

      Or, to use your Puff Daddy example, let's say that I copied that CD to my PC, changed it, and redistributed. Obviously, Puff Daddy has a claim against me. Will I also now be open to lawsuit from the person that owned the copyright Puff Daddy infringed, since I now took a semi-active part in that infringement (or at least re-infringed)?

      I do not know that this situation has ever been tested in court, but it seems to me that the nature of Open Source (I am free examine and modify the source, unlike with a M$ product, for instance) might convey more responsibility in my direction. Anyone know?

      --
      Sarcasm and hyperbole are the final refuges for weak minds
    10. Re:My Guess by a_p_irwin · · Score: 1

      My guess is that:

      a) They want to set a precedent, so they go for the companies that are risk adverse and will pay up (as noted above)

      b) They don't want to get caught up in 50,000 little lawsuits from every Joe Bloggs linux user. This would just drain and clog up their legal department and distract them from stategically more important lawsuits.

      --
      -- Cut and paste is not code re-use!
  9. wait a sec by ed.han · · Score: 5, Interesting

    from TFA:

    "one SCO reseller said the decision to leave smaller businesses out of the licensing program will have little effect on his business. most small businesses running Linux wouldn't purchase SCO's license anyway, according to tony lawrence, owner of a.p. lawrence, a consulting firm based in sharon, massachusetts.

    "i think the chances of collecting from small businesses are very small, because they have very little to lose," he said. "they don't necessarily know whether they have SCO or linux. the only time they care about their computer is when it crashes.""

    does this sound right to anybody here? a small firm that runs linux is insufficiently l337 to take an interest in SCO's antics? wouldn't, in fact, the reverse be true: the local linux admin (and staff) should by slashdotters and hence be paying very close attention indeed.

    unless the consultant is speaking of mom & pop shops (which isn't exactly the same thing as fortune 1000), i just can't see this.

    ed

    1. Re:wait a sec by jtwronski · · Score: 1

      I run IT for a small "mom and pop" law firm, and have our webserver running slackware. Yes, i am a slashdotter, and have been following this whole fiasco with some amusement. I don't really care what sco thinks they can charge me for *if* they actually come out on the winning end of this, since i know that it won't take more than 2 hours of my time to install bsd and get it over with. If I had multiple servers/desktops relying on Linux technology, that would be a different story, of course, but still wouldn't ever motivate me to believe that they can extort me out of even $1 because of some "misappropriated" code that they won't identify. Chances are that I will bill them for my time replacing the OS, just to see what happens.

    2. Re:wait a sec by stoolpigeon · · Score: 2, Interesting

      My company has 250-300 employees. We are a small business. We currently have 3 servers running Red Hat mixed in with our MS servers. The head of the I.T. department does not have a degree. He is most definitely not 1337 (neither am I). The linux servers were put in over the last year or so by me and another guy as we have had the opportunity. One is a proxy server, one runs PostgreSQL and Apache, the other is for secure connection to a client. The two of us got them up and running but we're no linux experts.

      The company has absolutely no idea what is going on with SCO, the lawsuits or any of this. This guy is totally right in his assesment if his clients are anything like where I work.

      I'm following the whole thing but I'm not anyone of significance in the organisation.

      --
      It's hard to believe that's how Micronians are made. Why don't we see it right now by having you both kiss one another?
    3. Re:wait a sec by SlashDread · · Score: 1

      My guess is that the ave slashdotter really cannot try to explain mon+pop what the flip SCO is doing.
      They installed Linux on mom+pop's sodapop accounting system long time ago BECAUSE mom+pop could save money there.
      Theyll just wait till the whole thing goes wizzbang-a-way and becomes moot, or Linux becomes magically un-free. (Yeah right, over my cold dead grasping white claws)

      "/Dread"

    4. Re:wait a sec by Alan · · Score: 1

      they don't necessarily know whether they have SCO or linux.

      I find that very funny. I think that anyone who has any clue about the SCO case knows what OS they are running. I like their attempt to merge the two together..... "sco, linux, what's the difference?".

      *sigh*

      Can't someone just nuke them and get it all over with?

    5. Re:wait a sec by Brandybuck · · Score: 1

      a small firm that runs linux is insufficiently l337 to take an interest in SCO's antics?

      Frankly, no one outside of Slashdot takes any interest in SCO's antics. Small firms are too busy trying to stay in the black to pay attention to this cheesy soap opera.

      Brandybuck's Law states "the collective intelligence of an organization is inversely proportional to its size". This is why SCO is selectively excluding the small firms from its licensing demands, because they're too smart to fall for the con.

      --
      Don't blame me, I didn't vote for either of them!
    6. Re:wait a sec by tonyl · · Score: 1

      I was speaking of Mom and Pop, or just above that:
      Small Business, 5 to 50 users or so.

      Of course the quote from me was constructed from sentences snipped from larger paragraphs, but with that explanation, it's not inaccurate: very few of my customers know anything about this crap, and couldn't tell you if they are running SCO, HP, Linux or anything else. They probasbly do know it ain't Windows.

      Back in the days of terminals, most of my customers thought they were running something called "Link" or "Wyse" :-)

      --
      -- Tony Lawrence
    7. Re:wait a sec by tonyl · · Score: 1

      "I think that anyone who has any clue about the SCO case knows what OS they are running".

      That's the point: They DON'T have a clue about this case. These people don't read slashdot, wouldn't know a newsgroup if they fell into one, and while they probably have HEARD of Linux, most don't have any real concept of what it is.

      --
      -- Tony Lawrence
    8. Re:wait a sec by Bardwick · · Score: 1

      I work at a large car manufacturing plant in Ohio. Managment, including those in IT, have very little, if any interest. We are pretty much an AIX/Linux house (we do have w2k, but i don't like to talk about it).

    9. Re:wait a sec by Alan · · Score: 1

      D'oh! That should have read "... doesn't know what OS they are running". IE: the slashdot type people.

    10. Re:wait a sec by Anonymous Coward · · Score: 0

      well, I reckon it's rather a case of: The larger the company, the less likely it is that managment will ever talk to somebody who understands the technology. Thus the more likely it is the will actually pay ;-).

      So, "i think the chances of collecting from small businesses are very small, because they have very little to lose," should probably rather be "i think the chances of collecting from small businesses are very small, because they know better" ;-)

    11. Re:wait a sec by abertoll · · Score: 1

      Not only that but small businesses are going to be MORE scared of SCO than big companies. I mean come on, a small company doesn't have much to lose means that it also can't handle any kind of legal attacks at all... they'll gladly pay $699 in order to save themselves that trouble.

      Not only that but small companies have it hard enough already. They don't need to be labelled "thieves" to the public eye.

      --
      "he drew his sword Ringil that glittered like ice... and he wounded Morgoth with seven wounds..."
  10. $699 SCO fee troll by Anonymous Coward · · Score: 2, Funny

    Don't forget to pay your $699 SCO licensing fee you co....er...I guess you can't, never mind. ;)

  11. GNU/FSF business model leaked by Anonymous Coward · · Score: 0

    >In return for your $699 payment, they don't have to send you anything more than a piece of paper."

    I predict that RMS/GNU/FSF will do this in a few years to 'ensure' that you qualify as not violating the GPL.

    1. Re:GNU/FSF business model leaked by Nykon · · Score: 4, Funny

      If I have to pay $700 for something from FSF does that mean they will have to change their name to just SF ?

      --
      "It's better to be a pirate then join the Navy"
    2. Re:GNU/FSF business model leaked by Anonymous Coward · · Score: 0

      They'll just tell you they meant "Free as in libre", rather than "Free as in beer".

  12. Watching Apollo 13 by Anonymous Coward · · Score: 0
    "Failure is not an option!"

    That's my credo at work.

  13. Doesn't this... by neiffer · · Score: 1

    Doesn't this just prove they are out for cash?

    1. Re:Doesn't this... by Anonymous Coward · · Score: 0

      Out of cash - yes.
      Out of crack - no.

    2. Re:Doesn't this... by ichimunki · · Score: 1

      Um, they won't take your cash, therefore they're out for cash? That's an interesting argument.

      --
      I do not have a signature
  14. Correction To Original Article by wo1verin3 · · Score: 1

    EDIT:
    At least home users of Linux can take solace in knowing that they don't have to pay up yet^H^H^Hever.

  15. To quote Dennis Miller... by gsfprez · · Score: 2, Interesting

    bullshit bullshit bullshit.

    this is not legal in any sense whatsoever. To the law - there is no difference between me "stealing" something and Enron stealing somthing or Microsoft stealing something.

    its still stealing.

    They can't have it both ways - they cant tell me "i'm cool" but then tell Boeing they are not cool. What if i become the next Boeing in the next year because i come up with the ultimate something or other? Is my copy of Linux a personal or Fortune 1000 "verison"?

    bullshit bullshit bullshit

    --
    guns kill people like spoons make Rosie O'Donnell fat.
    1. Re:To quote Dennis Miller... by stratjakt · · Score: 1

      They can't have it both ways - they cant tell me "i'm cool" but then tell Boeing they are not cool.

      Sure they can.

      --
      I don't need no instructions to know how to rock!!!!
    2. Re:To quote Dennis Miller... by CaptBubba · · Score: 2, Insightful
      They can say, which they are, that while both of you are in violation they will only go after the big companies. The iffy part of this is that the small people cannot even purchase "licenses".

      There is nothing forcing them to sue everyone, just like the RIAA can choose to only sue those above a certain amount of shared files.

    3. Re:To quote Dennis Miller... by Anonymous Coward · · Score: 0

      actually, *IF* the law ever decides SCO does "own" parts of the kernel, then its entirely up to SCO how they wish to license "it". theres no reason why "it" couldn't be free for home use, and not free for a large corporation like Boeing.

      but of course, SCO does *NOT* own anything in linux.. IP, trademark, code, spit.. _nothing_.

      so all in all I say fuck 'em. but *your* still wrong :-)

    4. Re:To quote Dennis Miller... by Nykon · · Score: 1

      Either that or if it is dtermined (BIG IF) then you know they will just remove the violated code from the kernal and if you install the new kernal *poof* you are not in violation any more ;)

      --
      "It's better to be a pirate then join the Navy"
    5. Re:To quote Dennis Miller... by IWannaBeAnAC · · Score: 1
      No, the kernel is licensed under the GPL. If (in some dream-world) a non-trivial amount of SCO-copyrighted code has made its way into the kernel, then there are exactly two options that do not violate the GPL:

      1. SCO licenses their code under the GPL. Everything continues as it always has, SCO have no legal framework in which to demand license fees.

      2. SCO refuses to license their code under the GPL. It is a violation of the GPL to distribute said code. Linus accepts a patch that removes said code from the kernel and everything continues as it always has, but maybe a few things don't compile for a release or two. SCO have no legal framework in which to demand license fees, whether before or after the infringing code is removed (an analogous case would be a book publisher distributing a book that violated someone else's copyright - there is no claim that can be made against anyone who obtained a copy of the book in good faith).

      Conclusion: SCO's argument cannot be based on copyright law. What then is it based on? I have no idea.

    6. Re:To quote Dennis Miller... by babyrat · · Score: 1

      They absolutely can. (Well, they could if they actually had any claim to the software to which they are claiming they have a claim).

      If I write a piece of software, I can choose to give it to someone, and I can choose to sell it to someone else.

    7. Re:To quote Dennis Miller... by MisterMook · · Score: 1
      SCO's argument MUST be based on copyright law, what else can it be? It's like saying that the GPL has nothing to do with copyright, when in fact it has EVERYTHING to do with copyright.

      The GPL is just a copyright contract for licensing and use. Contracts can be challenged in courts and argued, but SCO isn't really interested in that so much as the side-effects of inflating stock and extorting money. Whether they win or not, they've made money on the short term and perhaps gained long-term investment from people who can't help but hope that next they'll sue McDonalds after claiming to have invented significant portions of the hamburger.

    8. Re:To quote Dennis Miller... by IWannaBeAnAC · · Score: 1

      I am saying that their case cannot be based on copyright law (in my humble IANAL opinion), because according to my understanding of copyright law, their claims simply have no basis. The references SCO have made to "copyright law" that I have seen so far are pure fantasy. Therefore, I conclude that SCO's case is no more built upon copyright law than it is built upon drink-driving law, or air law, or any other branch of the law as we know it today.

    9. Re:To quote Dennis Miller... by MisterMook · · Score: 1

      Whether or not their claims have basis or not, the proper framework for discussing their claims certainly is in copyright law rather than in charges of adultery. What SCO is doing is abusing the vagueries of copyright law perhaps, but that doesn't mean that it's any less the vehicle. But we all knew that copyright law was a bitch anyways since the corporations started buying legislation to screw with it right? Well, this is a consequence.

  16. Extortion by Dracolytch · · Score: 5, Insightful

    This is just further evidence that SCO's plan is one of legal extortion, instead of claiming the technology. What's interesting is that they're trying to scare these big-dollar companies who'd rather just toss over a few thousand dollars than to bother their legal department with it. Smaller companies, such as the one I work for, would have a hard time coming up with that capital, and may be better off challenging SCOs claims in court in order to save themselves from a major financial hit. ~D

    --
    This sig has been enciphered with a one-time pad. It could say almost anything.
    1. Re:Extortion by richg74 · · Score: 1
      This is just further evidence that SCO's plan is one of legal extortion ...

      Exactly. The reason you can't buy a license is the same reason that SCO keeps stalling on discovery in the IBM case, and wants to delay the RedHat case: this has been nothing but a stock-pumping scam from Day 1. SCO has no case, and Darl & Co know it. If they actually started to sell licenses by means of claims they know to be false, then they would have a big time, criminal legal exposure.

      But, not to worry, on November 1 all will be sorted out. I'm sure it's entirely a coincidence that the sale restrictions on the stock given to many of the directors (as reported in the 10Q filing as of April 30) expire on October 31.

    2. Re:Extortion by DaHat · · Score: 1

      You left out a step, after SCO has many fortune 1000 companies who've paid for licenses, any smaller companies who challenge SCO in court would be facing the war chest built up since this started.

      Thus in court we will hear an SCO lawyer name off all of the big name companies who have 'recognized' SCO's claims and licensed their technology, and why should any smaller company be permitted to not play by the rules.

    3. Re:Extortion by s20451 · · Score: 2, Interesting

      Actually, what's surprising about SCO's tactics is that they went straight for IBM in the lawsuit and the Fortune 1000 for licenses.

      Traditionally, IP cases tend to start out against the small operations who don't have the resources for a court battle. The small companies either give in without a fight, or can't afford strong legal representation, leading to precedent-setting legal victories for the plaintiff.

      SCO went big game hunting immediately either because it thought its case was rock solid, or because it wanted the publicity of taking on IBM (or both).

      --
      Toronto-area transit rider? Rate your ride.
    4. Re:Extortion by 4of12 · · Score: 1

      Smaller companies, such as the one I work for, would have a hard time coming up with that capital, and may be better off challenging SCOs claims in court in order to save themselves from a major financial hit.
      <IANAL>

      The most popular and cost-effective strategy for small companies to deal with SCO's preposterous claims is:

      to
      do
      absolutely
      nothing.

      They can save themselves legal expense until they are directly and individually challenged by SCO.

      Only if they should receive an actual summons (not just a dunning letter sent to EveryCorp), then they can apply their legal staff to forestall based on the outcome of ongoing cases that will establish the validity (or not) of SCO's claims.

      </IANAL>

      Basically, Shallowpockets will agree to pay you tolls for use of the Brooklyn Bridge (rights to which you say you have) just as soon as your ongoing case for toll collection rights is proved against DeepPockets Corporation.

      P.S. Anyone foolish enough to invest in buying SCOX ought to examine the risks with some quantitative analysis. Consider the fraction of companies purchasing SCO licenses and the total number of companies: IIRC it's about 1 of 500, or 0.002.

      Also, consider the open market price of indemnification vs the cost of a full license plus penalties and interest.

      Could you get, say, 50% of Fortune 500 companies using Linux willing to pay, say, US$3.00 per seat for SCO indemnification, as "insurance"?

      With estimates of those numbers, you have the a market valuation of risk that SCO's claims are valid. Right now, it's hard for me to see many companies willing to pay anything for such indemnification. You can see SCO's tactics, too, in raising the ante on the potential costs of "noncompliance" to get that ratio back off the zero peg.

      Smart money is on selling SCOX. And the insiders at SCO seem to concur, judging by their actions.

      --
      "Provided by the management for your protection."
    5. Re:Extortion by Dracolytch · · Score: 1

      Wait a cotton pickin' minute... On Thursday October 16, SlashDot reported that "the SCO Group is backing off plans to send invoices to corporate users in an effort to generate more takers of their Linux licensing plan".

      That means that they're not sending invoices out... So, if small companies and individuals can't go to SCO to BUY licences, and SCO isn't charging bills to large companies for licences (Who don't pay anyone anything without notification that they owe money)... Who exactly is buying these licences?

      Smells like rotten meat.
      ~D

      --
      This sig has been enciphered with a one-time pad. It could say almost anything.
    6. Re:Extortion by xA40D · · Score: 1

      Traditionally, IP cases tend to start out against the small operations who don't have the resources for a court battle. The small companies either give in without a fight, or can't afford strong legal representation, leading to precedent-setting legal victories for the plaintiff.

      I think you might have hit upon something there. Going for the big guys who'll take the cheap LEGAL way out (rather than the easy way out), and sidelining IBM who may have objected, SCO create an awfully big precident when they go after the little guys.

      In the end it's not going to come down to whether or not SCO is in the right. It whether or not they can generate a revenue stream.

      --
      Do you mind, your karma has just run over my dogma.
    7. Re:Extortion by RoLi · · Score: 1
      You forgot the important part:

      SCO has not (and will not) sued anybody over Linux or the GPL.

      What they did is sue IBM for "stealing" IP. Wherever IBM put the "stolen" IP, is irrelevant, so the SCO-claims against IBM and their case has nothing to do with Linux itself.

      In theory SCO could just use the same claims against AIX, however only anti-Linux rethoric will get you license-money from Redmond...

    8. Re:Extortion by gnu-generation-one · · Score: 0

      "SCO went big game hunting immediately either because it thought its case was rock solid, or because it wanted the publicity of taking on IBM (or both)."

      I think you missed out the insanity option.

    9. Re:Extortion by WEFUNK · · Score: 1

      Absolutely. As I pointed out in a post a few months ago, I don't think SCO ever had any intention of selling any of these licenses and they probably haven't even set up the infrastructure (salespeople, contracts, "part" numbers, accounting entries, support desk, etc.) to sell them -- not even to Fortune 1000 companies. This story seems to have proved my hunch.

      Since $699 doesn't make any sense from a practical business perspective ($10 a seat would make them rich and many companies would just buy in) they're probably just setting such an unreasonably high price for two reasons:

      1) so nobody will call their bluff and put them into a position to be sued for reasons cited by others (extortion, fraud, copyright infringement, etc.).

      2) so they can use "RIAA math" to complain to the courts how much money they've "lost" (=$699 X the number of Linux installations) when calculating the damages for their lawsuit.

      By "targeting" Fortune 1000 companies "first" they've pretty well ensured that they can maximize the second objective by minimizing the risk of the first. While a smaller business could (and have tried to) call their bluff for less than a thousand dollars, a large multi-national isn't about to lay down millions without strong evidence or alterior motives (Microsoft, etc.). Also, it's much easier to present evidence that they've been turned down by exactly 998 companies with X number of seats, rather than trying to audit every smaller company with an unknown number of installations.

      --
      My next sig will be ready soon, but friends can beat the rush!
    10. Re:Extortion by s20451 · · Score: 1

      Yeah, the problem is that as the stock started to rise, everyone on Slashdot started crying "They're going to lose! Short the stock!". Unfortunately, those who took out short positions at $5 or $10 got screwed, because those positions don't last forever.

      On the other hand, if you had gone against Slashdot and put your life savings into SCO back in May when the story broke, you would be laughing now.

      --
      Toronto-area transit rider? Rate your ride.
    11. Re:Extortion by iriles · · Score: 1


      So the question is, When will the stock start going down? It will eventually, unless they win the case against IBM which seems highly unlikely.

    12. Re:Extortion by MntlChaos · · Score: 1

      they haven't (yet). they've repeatedly tried to get people to buy licenses (which would be necessary if SCO had a copyright on Linux). Thus they are in effect threatening to sue over use copyrights

    13. Re:Extortion by RoLi · · Score: 1

      They know that they can't win any lawsuit against Linux users, that's why they don't sue.

    14. Re:Extortion by Anonymous Coward · · Score: 0

      More or less right -- they're doing this to limit class standing to those unlikely to join in a class action suit. I'm sure some of us were thinking about it... anyone that uses Linux could bring a class action against SCO for their licensing scheme, to demand SCO show that their license is not fraudulent, or to force them to conform to GPL by providing free source for the licensed code...

      Now only fortune 1000 companies can do it.

    15. Re:Extortion by Reziac · · Score: 1

      Or maybe it's because by the time a thousand little court cases could come to fruition, SCO would be history. Better to hit up the big guys and take what they can get while they're in a position to do so. But more to the point wrt SCO, you get a lot more stock-pump out of a Fortune 1000 licensing announcement (even if it's just blowing smoke) than out of a thousand lawsuits won against the likes of Joe's Bait and Server Shop.

      Does make you wish you'd bought SCOX at a buck and sold today, tho, don't it? :)

      --
      ~REZ~ #43301. Who'd fake being me anyway?
    16. Re:Extortion by s20451 · · Score: 1

      Does make you wish you'd bought SCOX at a buck and sold today, tho, don't it? :)

      Yes. Hence my sig.

      --
      Toronto-area transit rider? Rate your ride.
    17. Re:Extortion by Reziac · · Score: 1

      [laughing] Yeah, in fact I'd already followed your sig link and ... ya know, you're right :)

      --
      ~REZ~ #43301. Who'd fake being me anyway?
  17. Why is everyone... by Kedisar · · Score: 2, Insightful

    acting like this $699 fee crap is serious? Nobody is going to pay SCO anything unless they beat IBM, which we all know isn't going to happen.

  18. SysV source code costs? by plcurechax · · Score: 1

    So how much is a SysV source code license for my home system?

    1. Re:SysV source code costs? by Anonymous Coward · · Score: 0

      A site license for sys v source cost around 100k USD.

  19. Well thought out plan by praxis · · Score: 5, Insightful

    Sounds to me like SCO has a really well thought out plan. Announce licenses. Announce invoices. Respond with confusion when people call to purchase said licenses. Announce price increase. Announce balk on invoices. Annouce price increase time extension. Announce only Fortune 1000 can participate.

    Their plan is simply announcements to pump their stock, because otherwise they would have though through this license deal before hand, and shown us the code. But we knew that already.

    1. Re:Well thought out plan by Frank+Grimes · · Score: 1

      I called SCO up a month or two ago and asked for a copy of the license agreement to look over. They never got back to me. Has anyone SEEN a copy of this license?

      --
      CfkRAp1041vYQVbFY1aIwA== RV/hBCLKKcSTP5UFK3kqsg==
    2. Re:Well thought out plan by deadlinegrunt · · Score: 1

      Whatever works to show profits for four straight quarters is all that really matters to McBride anyway from what I have been able to understand. So yes, this does seem to be a well thought out plan. Guess it is all a matter of perspective.

      --
      BSD is designed. Linux is grown. C++ libs
    3. Re:Well thought out plan by tetabiate · · Score: 1

      I agree. They are the masters of theft, making
      money out of nothing at all. I thought once that
      M$ was the master of FUD but SCO beats them,
      even if they don't have as much money as M$.

  20. Doubts? by imbaczek · · Score: 1

    This should convince anyone that had any doubts that SCO's case is a total bullsh*t. It seems that they want to milk fat cows first.

    1. Re:Doubts? by gusmao · · Score: 2, Insightful
      Their case is not bullshit, they know that, all in all, there is only battle to win. If they can get the big ones to pay them licenses, the smaller ones will surely follow the same road.

      The rationale is quite simple. If large corporations, which have the resources, expertise and time to fight in court againt SCO were defeated, the small ones will look like sitting ducks. No owner of a small business will risk a war that companies much times bigger couldn't win.

      On the other hand, SCO knows that they have power now to intimidate and force the little guys to pay licenses, but if these licenses are bought and later on it turns out that SCO did not have the right to charge them, they are going to be sued for so many firms and so many reasons that they can even imagine right now.

      Their strategy makes perfect sense to me.

  21. Let's release an application, and then test it by twocents · · Score: 2, Funny

    How special would I feel if I was a manager of a large company, and SCO tells me that despite that fact that the license process was still in formation, my company needs to choke up some money because we're rather large?

    It sounds like SCO is having scalability trouble with more than their software.

    Comment Disclaimer: Not that I think they should collect from anyone, by the way (-:

  22. Fortune 1000 can't buy license either by penguin7of9 · · Score: 5, Insightful

    Linux is distributed under the GPL. The GPL does not permit redistribution if it requires a license (to discourage just the kind of sleazy behavior SCO is engaging in). So, if SCO's claim is valid, then there is no point in licensing Linux because they won't be able to get any updated versions anway, not from SCO, not from RedHat, not from anybody. And if SCO's claim is not valid, then there is no point in paying them any money. In short, you can't really buy a license for Linux: either it's free or you can't use it at all.

    1. Re:Fortune 1000 can't buy license either by Anonymous Coward · · Score: 0

      who the fuck modded this insightful?

    2. Re:Fortune 1000 can't buy license either by Malor · · Score: 1

      Well, SCO loses the right to distribute software under the GPL by requiring the license of their code, but they don't lose the right to sue.

      If their IP claim were actually valid, they could still extort money from people for using Linux. They just couldn't distribute Linux themselves. It seems unlikely to me that they have any interest in distributing Linux any more; they just want to impose a tax on it.

      We've been over and over and over why this won't work. That hasn't changed. All I'm trying to point out is that your argument doesn't quite hold up. The GPL alone isn't enough protection. You could get a copy from Red Hat and still be liable to SCO.

    3. Re:Fortune 1000 can't buy license either by stevesliva · · Score: 1
      Didn't you hear? SCO owns the GPL, too. Turns out the Sys V license contained the text "This License applies to" and so does the GPL! By inference, SCO owns all of the GPL.

      They're working on a license licensing plan right now, but they have to sell it to some idiot venture capital firms and dumbass analysts first. Soon after, they'll let CNet write an article about it. Eventually, they may even let big companies buy one.

      --
      Who do you get to be an expert to tell you something's not obvious? The least insightful person you can find? -J Roberts
    4. Re:Fortune 1000 can't buy license either by mpcooke3 · · Score: 1

      So theoretically, if linux contains SCO code...

      I am using some code that belongs to SCO and they can take action against me.

      Every contributor of Linux code can take out action against me for giving a copy of Redhat to my friend. As although I was unaware of the fact at the time I had no rights to distribute linux under the GPL as it contained non GPL code.

      Is any contributor of linux likely to take out action against me? no.

      SCO is more likely to take out action against me in my opinion. So perhaps paying them some money not to sue me might be in my interests, even if they can't provide me with a compliant version of linux. I can understand some business logic behind paying SCO, although personally I'd rather wait till hell freezes over.

    5. Re:Fortune 1000 can't buy license either by linuxbikr · · Score: 3, Insightful
      If SCO actually manages to sell one license to a Fortune 1000 company and the name of that company comes out, I would not be surprised to hear about the FSF knocking on that company's doorstep to have their head counsel explain the terms of the GPL to them. The mere act of SCO selling the license violates the GPL immediately for BOTH SCO AND THE FORTUNE 1000 company! SCO cannot limit the rights of the Fortune 1000 company and prevent them from redistribution of the kernel so if the Fortune 1000 company was a Linux reseller/vendor/supplier, etc, then they are f*cked too!

      I can see a countersuit coming along real fast with the FSF's backing. I don't necessarily agree with RMS's leanings but I do respect the license and the FSF in general and I can see them going after SCO once they had a blatant violation of the GPL handed them by SCO.

      Can you imagine what will happen to SCO (assuming there is anything left of them when this is all said and done) if it comes out in the IBM/Red Hat trials that their Linux Kernel Personality (LKP) code contains GPL code? It's one thing to taunt a shark from the beach with a scrape on your palm, quite another to jump in the water with slit wrists. They'll get ripped apart.

      Plus, then there's the fun of all the investor lawsuits when SCO's stock crashes through the floor.

      SCO is in the wrong business. You can't pay for this type of entertainment! SCO Improv Amateur Night anyone? :)

    6. Re:Fortune 1000 can't buy license either by ajs · · Score: 5, Informative

      You're blurring two very different things, here, and while your core point is correct, it does need some clarification.

      You can buy a license for Linux. There is, in fact, nothing wrong with buying or providing a license. SCO's problem is that they are a licensee of Linux under the GPL, and under the terms of that license they have certain obligations and one of those is not to sue their licensees or their sub-licensees for the technology contained in that software.

      SCO's counter to this is fairly weak, but let me state it anyway: they claim that they did not know that Linux contained this code, and they distributed their own version of Linux, essentially just as much in the dark as Red Hat. Only (again according to SCO) IBM had any clue what rampant duplication of SCO proprietary technology was being hidden away in the Linux source.

      The reason this is weak is several-fold: 1) SCO has continued to distribute the 2.4.13 kenerl from their FTP site under the GPL even up to this date. 2) the interaction between the GPL and SCOs claims is not that clear-cut, though I would tend to side with them on this one point, I don't think the outcome is certain 3) SCO helped in the development of some of the IBM technology in question, so they dang well DID know it was in there.

      Ok, now on to you as a user.

      If you use Linux, the GPL says you can keep using Linux even if the code is found to be proprietary and the GPL goes into its "failsafe mode".

      Now, SCO will say that you cannot continue to use it, and they can press that case if they want, but that's their assertion independant of the GPL. The GPL does not stop you from using the software just because the GPL was nullified by the discovery of a conflict between it and other terms.

      However, Red Hat (for example) cannot ship an encumbered version of Linux (they can use it, they just can't ship it). So, they would have to remove the encumbering code, which is why they and everyone else have asked SCO to outline the problem code. At this point, I can't see a court siding with SCO, as they have failed over and over and over to give distributors of Linux the information that they need to AVOID infringement. If SCO said, lines 200-20000 of fubar.c are ours, then the community would move to validate that claim and, if it was valid, remove the offending code ASAP. SCO doesn't want that, clearly, or they would have made it happen (as has happened with their claim over the SGI malloc, even though their claim to that code is tenuous at best).

      So, when you say "they won't be able to get any updated versions anway, not from SCO, not from RedHat, not from anybody," that's not so. You will, in fact, get an update pretty damn soon after such a chunk of code is revealed (should it exist at all), and that update will be unencumberd. If that means re-writing 90% of linux, then it will take a bit, but even SCO's wildest claims have made it clear that only a few (albeit large) subsystems are affected.

      What Red Hat's obligation to SCO will be (if any) is not your concern. That's a business arrangement between Red Hat and SCO.

    7. Re:Fortune 1000 can't buy license either by schon · · Score: 2, Insightful

      You could get a copy from Red Hat and still be liable to SCO.

      Actually, no you couldn't.

      In that scenario, Red Hat would be the ones that are liable. As Eben Moglen put it - if someone charges the Wall Street Journal with copyright infringement, it doesn't mean that the WSJ subscribers are liable, it means that the newspaper is.

      In the increasingly impossible event that SCO is right, and could prove it in court, and wouldn't have to disclose 'their' code, the only entities they would be allowed to sue (in your example) would be Red Hat, not the end user.

    8. Re:Fortune 1000 can't buy license either by kfg · · Score: 1

      However, every contributer to Linux can bring action against SCO for distributing their code and charging a license fee for it, since not all code in Linux is SCO's even if some of their claims are true.

      And of course the whole GNU/Linux thing is very real in this case. For instance, bash is not Linux.

      SCO had better be very, very careful just what their "license" actually claims to be licensing.

      KFG

    9. Re:Fortune 1000 can't buy license either by Theatetus · · Score: 1
      they won't be able to get any updated versions anway

      More than that. From the General Public License, section 7:

      If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all.

      It's been said many times before but this is so crucial to the matter that it bears yet another repeating: by section 7 of the GPL, either Linux 2.4 can be redistributed by any party under the terms of the GPL, or it cannot be redistributed by anyone at all (barring individual licensing from every single kernel author), not even SCO themselves.

      So, if you view paying SCO's license fee as an admission that Linux 2.4 was distributed in violation of SCO's IP, then paying it is admitting to the commission of an illegal act by redistributing software that (according to the construction) cannot legally be distributed by anyone at all.

      --
      All's true that is mistrusted
    10. Re:Fortune 1000 can't buy license either by Shalda · · Score: 2, Interesting

      The first thing to remember here, is that this is a pump and dump scheme. Pure and simple. Hopefully, the SEC will pick up on that eventually.

      The second thing, the licensing, is fairly unimportant, but it's fun to watch SCO try to dance around the GPL. Suppose for a brief second, that Linux contains SCO code, and it's not held to the GPL. As the parent poster indicated, Linux becomes undistributable. SCO is offering a license to run their code. This would indemnify you from liability from SCO. Now, you could continue to make personal use of Linux without being in violation of the GPL. You're not required to publish modifications that you don't redistribute. If you were, say, Tivo, there is absolutely no way you could distribute your product without violating either SCO or the GPL. But this all supposes that SCO's claims are valid. Which I strongly doubt, because, this is, after all, a pump and dump scheme.

    11. Re:Fortune 1000 can't buy license either by midav · · Score: 1
      Too bad, that you could.

      SCO's license is not a distribution license, it is a 'right-to-use' per-processor license, so your analogy is not correct. It is more like a driver's license. You can not sue a dealer if somebody drives a car without a license.

    12. Re:Fortune 1000 can't buy license either by midav · · Score: 1
      As although I was unaware of the fact at the time I had no rights to distribute linux under the GPL as it contained non GPL code.

      Being unaware of the law and being unaware of the fact are different things. If you distributed the Program in good faith that you are not violating anyone's rights you DO have rights to do it. You have to cease and desist only when somebody's rights on a part of the Program which are not compatible with GPL have been asserted.

    13. Re:Fortune 1000 can't buy license either by mikeee · · Score: 1

      If SCO said, lines 200-20000 of fubar.c are ours, then the community would move to validate that claim and, if it was valid, remove the offending code ASAP.

      If Linux does in fact contain a fubar.c, it probably is SCO code that needs to be removed.

    14. Re:Fortune 1000 can't buy license either by IWannaBeAnAC · · Score: 1
      Exactly. If SCO are actually correct, and there is a non-trivial amount of code in Linux which is infringing SCO copyrights, then it is not possible to distribute Linux under the GPL. In principle, anyone with a copyright claim to linux could sue anyone else who distributed such a kernel.

      All SCO have to do is show a single convincing demonstration, and they can halt all linux distribution - well, for the 5 minutes it takes to remove the offending code (and it might not compile for a day or two :-)

      SCO is not going to take action against you. The only thing they could claim is that you violated the GPL. But if you did it unknowingly, and SCO themselves refuse to provide the evidence, they have no case. They have no claim under copyright law itself (think of the analagous case if it were a book rather than software).

    15. Re:Fortune 1000 can't buy license either by midav · · Score: 1
      2) the interaction between the GPL and SCOs claims is not that clear-cut, though I would tend to side with them on this one point, I don't think the outcome is certain

      I guess you mean the scenario when I acquired a Linux distro from somewhere under GPL, but I can not use it (however I still can distribute it) because I have to buy a SCO's right-to-use license. The problem is practical. Since not everyone trusts them blindly, in order to enforce the license they will have to specify exactly what is being protected.

      Once it becomes known, there are two ways to proceed, either to buy the SCO's license (and pretend that it is somehow compatible with GPL, because GPL is right to copy/modify/distribute and SCO's license is right-to-use and they do not have common points of application) or remove encumbering code. Unfortunately for SCO, given Linus' attitude, offending code will be removed faster then they can spell S-C-O.

    16. Re:Fortune 1000 can't buy license either by IWannaBeAnAC · · Score: 1
      I don't see what claim the FSF (or any other Linux copyright holder) would have against "Company X" (the so-far mythical Fortune 1000 Company).

      The GPL is a distribution license, it does not cover usage at all. You do not have to accept the GPL to use GPL software, only to distribute it. If Company X want to give some charity money to SCO, they are free to do so but that has nothing to do with the GPL, and cannot limit their rights to freely distribute the kernel.

      The only way this would turn into a GPL violation by Company X would be if they re-distributed the kernel with their own additional restrictions. eg, if they said "we will give you Linux, but only if you buy a license from SCO", that would be a GPL violation. But why would anyone say that? SCO have certainly never made any moves to restrict distribution (indeed, they are [or were] distributing it freely themselves) so there is no issue of Company X saying such a thing under duress from SCO.

      Now possibly SCO are violating some trading laws. eg, if they sent an invoice to anyone in Australia, it would almost certainly be a violation of the Trade-Practices Act. Presumably other countries have similar laws (although not the USA it seems?). But I don't see the direct breach of the GPL by SCO here either. Again, the GPL covers distribution only, so the only direct GPL violation could be if SCO went after people who obtained Linux from SCO themselves (which they are in fact doing, but this presumably doesn't cover the case of the mythical Fortune 1000 Company). Otherwise, any argument against SCO would be rather indirect.

    17. Re:Fortune 1000 can't buy license either by IWannaBeAnAC · · Score: 1
      If you use Linux, the GPL says you can keep using Linux even if the code is found to be proprietary and the GPL goes into its "failsafe mode".

      This is an important point that I think most people are missing. The particular clause you are referring to is otherwise known as the "Liberty or Death" clause - if you cannot simultaneously satisfy all of the constraints of the GPL then you cannot distribute the software at all. Your rights in that case fall back to what is granted under pure copyright law (ie. basically no rights at all).

      However, you need to keep in mind that the GPL covers distribution only, you are always free to use GPL software for any purpose you like even if you don't accept the license (although of course you need to accept the license if you want to distribute it).

      So in fact the GPL says nothing about whether you can or cannot continue to use it after SCO comes after you. That is up to copyright laws (or other relevant laws). Other than this point, I agree completely.

    18. Re:Fortune 1000 can't buy license either by m0nkyman · · Score: 1

      NO. If the code is found to be prorietary, you are no longer licensed to use the code. It was not distributed under the GPL, therefore you do not have a license for it, Any more than if you were given the source to Windows XP under the GPL by anyone other than Microsoft. It was never really GPL'ed therefore you did not receive a license for it. The same applies if the GPL is invalidated. Suddenly you are using unlicensed code. The GPL is not public domain.

      --
      ~ a low user id is no indication I have a clue what I'm talking about.
    19. Re:Fortune 1000 can't buy license either by DaEMoN128 · · Score: 1

      Again, the GPL covers distribution only, so the only direct GPL violation could be if SCO went after people who obtained Linux from SCO themselves (which they are in fact doing, but this presumably doesn't cover the case of the mythical Fortune 1000 Company). Otherwise, any argument against SCO would be rather indirect. Your right, SCO is going after OpenLinux customers. They are violating the GPL because the license they are selling restricts distrobution. The thing is though, its free to OpenLinux (and all versions of linux that were purchased from SCO) users. If any of you out there have a version of OpenLinux, register it and get the license and post the damn thing. It wont cost you anything. The proof is here Check #24

      --
      Stop signs are only Suggestions
    20. Re:Fortune 1000 can't buy license either by MuParadigm · · Score: 1

      "The mere act of SCO selling the license violates the GPL immediately for BOTH SCO AND THE FORTUNE 1000 company."

      I've explained this several times already, but here we go again. The purchaser of a SCO IP license is NOT violating the terms of the GPL. Said purchaser would have to be a clueless idiot to buy the license, but they wouldn't be violating the GPL. On SCO would be violating it.

      Think of it this way: the licensing restrictions of the GPL do not kick in unless you are a *distributor* of the code. If you are not distributing GPL'd code, then then GPL grants you complete rights to do whatever you want with it, including modify w/o sharing your source changes, burn it to a CD and jump up and down on it, or even purchase a useless license for it.

      Having said that, I just want to add that I agree with everything else in your post.

    21. Re:Fortune 1000 can't buy license either by Darren+Winsper · · Score: 1

      Except SCO themselves were distrubuting the Linux kernel long after the suit against IBM was filed. Therefore, SCO were distributing their code under the GPL. Therefore, you owe SCO Jack Shit.

    22. Re:Fortune 1000 can't buy license either by Anonymous Coward · · Score: 0
      No, you don't need a license to use software, only to distribute/modify it. Copyright law gives you all the rights you need to use software. The software industry would like people to believe they need a license to use their software, but shrinkwrap licenses restrict your rights of use, they do not grant them. Remember, most people are talking about running Linux, not modifying it.

      Thus, your XP example should be you buying a copy of XP for your computer that you believe to be legal (i.e. it wasn't suspiciously cheap or packaged in a suspicious manner). If that copy is found to be an illegal copy, you don't have to stop using it. Microsoft can get monetary damages from the entity that made you the copy, but not from you (unless you were a knowing party to making the illegal copy). There are no stolen goods in a copyright violation, there is just the illegal act of the copy being made.

      This means that the SCO license is completely useless, since it grants a right that you already have (to use the software) without affecting the right that they claim you don't have (to copy the software or for someone else to give you a copy of the software).

    23. Re:Fortune 1000 can't buy license either by Anonymous Coward · · Score: 0

      either it's free or you can't use it at all

      Actually, unless you have an inordinate amount of time on your hands, this already holds true today.

    24. Re:Fortune 1000 can't buy license either by bnenning · · Score: 1
      If the code is found to be prorietary, you are no longer licensed to use the code.


      You don't need a license to run a program, according to 17 USC 117.

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
    25. Re:Fortune 1000 can't buy license either by Anonymous Coward · · Score: 0

      How do you read section 7 as applying to "anyone at all" when it is triggered? I don't see any phrase in that section that extends it beyond the person (or company) on whom "conditionas are imposed".

      Here it is again, with the personal pronouns highlighted:

      If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all.

    26. Re:Fortune 1000 can't buy license either by bnenning · · Score: 1
      Except SCO themselves were distrubuting the Linux kernel long after the suit against IBM was filed. Therefore, SCO were distributing their code under the GPL.


      Right. SCO of course claims that they didn't know about the infringing code, and therefore they should be allowed to retroactively rescind the GPL on the software they distributed. But even if they prevail on that point, they're still screwed, because the GPL was the only thing that allowed them to distribute the copyrighted work of thousands of other Linux developers. Hello, countersuits.

      --
      How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
    27. Re:Fortune 1000 can't buy license either by Anonymous Coward · · Score: 0

      In SCO's case if "the code" is found to be proprietary then we replace it with GPL code and life goes on.

      In any scenario SCO will have to eventually reveal which code is infringing to win. If they do happen to mention which code is "theirs" replacing it is a simple process.

      Of course this is the last thing they want to do because then the case for requesting licenses from Fortune 1000 companies is resolved and the pump & dump scheme is over. They want to drag it out as looong as possible.

    28. Re:Fortune 1000 can't buy license either by Anonymous Coward · · Score: 0

      Obviously you weren't reading last week, or you would know that Hell has already frozen over.

  23. And the farce continues... by canfirman · · Score: 0, Redundant
    ...unless you are a Fortune 1000 company, you can't buy a Linux license...

    And the farce continues.

    It looks like SCO is really trying to use FUD against the big guys. "If we scare them, they'll pay, right?". They know if they can get the big companies to pay, they've made their $. If they don't, then it's "big fish" to fry (read: sue). Suing users would be too much money for too little gain.

    I really wonder who their PR department is. They keep saying one thing, then say the exact opposite. Their heads are so far up their asses, they cannot talk a consistent story. They should be fired.

    --
    It is not our abilities that show what we truly are... it is our choices.
    1. Re:And the farce continues... by wolrahnaes · · Score: 1

      I really wonder who their PR department is.

      Easy. A couple hundred rare head-up-ass monkeys sitting in front of typewriters.

      --
      I used to get high on life, but I developed a tolerance. Now I need something stronger.
  24. Good for us in many ways by argmanah · · Score: 5, Funny

    In other words, SCO is saying, "The only people we are going to try and charge for Linux right now are the people with enough money to sue us into oblivion."

    I am OK with this.

    --
    Overrated Moderation: This posts sucks... because.
    1. Re:Good for us in many ways by Rimbo · · Score: 1

      The reality is that these are companies with deep enough pockets that they can afford to pay the licenses and won't spare the expense to fight SCO in court.

    2. Re:Good for us in many ways by thx2001r · · Score: 1

      Or, rather, "The only people we are going to try and charge for Linux right now are the people with enough money to pay a (relatively small) license and not care enough to sue us into oblivion."

      --

      -Joe
      If we're all god's children, what's so special about Jesus? - Jimmy Carr

    3. Re:Good for us in many ways by starm_ · · Score: 1

      -Puts thin foil hat on-

      Or, SCO is opening a door for some big companies who have interest in the continuation of this lawsuit, to give them money....

      -removes thin foil hat-

  25. Hurts to say it by 00_NOP · · Score: 1

    But not only is the SCO share price rising, but there are a lot of shares being traded too. The markets back SCO at the moment and not us.

    See this.

    The only good thing to say is that Red Hat's price has also been rising quite strongly (though not as strongly as SCO) so there are people out there betting the opposite way too.

    1. Re:Hurts to say it by HardCase · · Score: 1
      But not only is the SCO share price rising, but there are a lot of shares being traded too. The markets back SCO at the moment and not us.


      It doesn't really matter, though, because the markets don't decide legal issues. Sure, SCO stock prices are going up...some people are going to make a lot of money, some people are going to lose a lot of money. But the market valuation of a company is not evidence that a court of law will consider in deciding the outcome of a lawsuit.


      SCO prices could be sinking like a rock and some people would make a lot of money and some people would lose a lot of money. And yet, it still wouldn't mean a thing to SCO's case against IBM, SGI and the rest of the world.


      Even though SCO's prices are rising, the sort of turmoil that the company is embroiled in is more of a draw for speculators than investors. If there is a lot of share volume, then I suspect that we're seeing quick in and outs, taking advantage of fast rising prices. I doubt that the buyers of this stock are in it because they believe that SCO has a case - they're probably in it because the price is moving...and by getting in and out quickly, the increase in price will be self sustaining for a while. But it won't last.


      -h-

  26. Thanks god... by soccerisgod · · Score: 5, Funny

    At least home users of Linux can take solace in knowing that they don't have to pay up yet.

    Phew, what a relief. That was really keeping me awake at night.

    --
    If a train station is a place where a train stops, what's a workstation?
  27. scam by Sillypuddy · · Score: 1, Insightful

    I think the scam is that the smaller guys are willing to pay while the bigger guys are taking a wait and see approach. So at the end NOBODY is going to have a license, so when this whole pump-and-dump backfires on them, they won't be held responsible for the legal extortion they are doing.

    They know that if they collect even one penny now, and they lose the suit, they will get their azz handed to them by the judge.. this is just a smoke and mirror show

    -joe

  28. Small and Medium business owners == Idiots? by DaveJay · · Score: 4, Insightful

    Yes, according to Tony Lawrence, owner of A.P. Lawrence, a consulting firm that is probably ALSO a small or medium-sized business.

    From the article, referring to small and medium-sized business owners:

    "They don't necessarily know whether they have SCO or Linux. The only time they care about their computer is when it crashes."

    Show of hands: who believes that CEOs of fortune 500 companies know the details of their hardware and software infrastructure better than small and medium-sized business owners?

    Okay, Tony, put your hand down.

    Show of hands: who believes that CEOs of fortune 500 companies only give a rat's ass when their computer crashes, that small business owners are highly aware of their hardware and software infrastructure because they have a smaller staff and a higher sensitivity to the cost and maintenance to such infrastructure, and that medium-sized business owners fall into both groups?

    Okay, everyone else put your hands down. One more.

    Show of hands: who believes that Tony's business probably runs on pirated Microsoft products?

    1. Re:Small and Medium business owners == Idiots? by stoolpigeon · · Score: 1

      My reply to the other guy who said this is here

      I don't think he is calling them idiots. He is accurately describing a lot of businesses that have recently taken advantage of the ease of installing and using Linux without needing a lot of expertise. The other replies to the poster who made the same point are good too.

      --
      It's hard to believe that's how Micronians are made. Why don't we see it right now by having you both kiss one another?
    2. Re:Small and Medium business owners == Idiots? by whoever57 · · Score: 1

      Excerpts from a newsgroup posting by Tony Lawrence:
      The fallout from this lawsuit could destroy my business. It could quite literally change my whole life, and not for the better. I have a lot to lose, and the prospects are rather frightening. But that doesn't change morality: if it IS theft, then whatever has to happen has to happen, and if it destroys me, well, that's life, right?

      --
      The real "Libtards" are the Libertarians!
    3. Re:Small and Medium business owners == Idiots? by Penguinshit · · Score: 1


      I'm sure his employees (if he has any) really enjoy his cavalier attitude...

      He sounds like he's frittering away a trust fund; ergo real business events don't concern him.

    4. Re:Small and Medium business owners == Idiots? by Anonymous Coward · · Score: 0

      Tony has been involved with Unix, mostly SCO for years. Take the time to read about what he does, and more importantly, what he claims to be: http://aplawrence.com/wiz.html

      He does not make decisions for SCO, and just because he has been making a living helping people out who have been on SCO for years, is no reason to think he is part of "the evil empire". Take some time to see how much Unix/Linux information is available on his site, and how much he has given back to the community.

      Be a little kinder...

    5. Re:Small and Medium business owners == Idiots? by nathanh · · Score: 2, Informative
      Show of hands: who believes that Tony's business probably runs on pirated Microsoft products?

      Tony Lawrence has, for the past 5 years, been the best source of unpaid SCO knowledge available. His website is a wealth of knowledge regarding OpenServer. On the rare occasions I've had to work with SCO the first website I loaded was Lawrence's because he will always have the answer. He would always clearly explain how SCO differed from other UNIX, how to enhance the basic SCO install with free software, etc.

      And before somebody claims that Lawrence is a SCO apologist or shill, I doubt it. Lawrence has always struck me as an honest individual who has simply suffered for many years from the unusual syndrome of being a SCO enthusiast. He is to SCO what Alan Cox is to Linux: a benefactor who has spent an inordinate amount of his own time helping others with no expectation of reward. I daresay he is supremely saddened by the situation created by this new SCO management.

    6. Re:Small and Medium business owners == Idiots? by tonyl · · Score: 1

      Thank you for the kind words.

      If I may though: I'm not even a SCO enthusiast. A good part of my income has come from SCO systems, but that was only partly due to enthusiasm, and the enthusiasm is for Unix, not SCO particularly. There just happen to be a LOT of small businesses running SCO, so it's a good place to be a consultant.

      But I also do a lot of Linux work, and if I'm enthusiastic about anything at all, it would have to be Mac OS X. But even that is mostly again just enthusiasm for Unix.

      And yes, I'm saddened and concerned by this mess. I don't particularly care what happens to SCO, although I do know people who work there and I care about them. I care about the customers who USE SCO, and I worry very much about the potential for damage to Linux from this suit.

      And no, I don't run any Microsoft. My wife does, poor thing :-)

      --
      -- Tony Lawrence
    7. Re:Small and Medium business owners == Idiots? by tonyl · · Score: 1

      I don't have any employees. I did once, but discovered that I am a really bad manager, so returned to being just me.

      But I really don't understand your comment. Did you understand that my concern is the potential for damage to Linux? That's what I'm worried about.

      --
      -- Tony Lawrence
    8. Re:Small and Medium business owners == Idiots? by MoreDruid · · Score: 1
      "They don't necessarily know whether they have SCO or Linux. The only time they care about their computer is when it crashes."
      Excuse me? I think it's more likely businesses care about the fact that their systems are running (which is good, and probably why they're running linux) then having them crashing... I don't care about a crash... as long as my system is back up ASAP.
      --
      The best weapon of a dictatorship is secrecy, but the best weapon of a democracy should be the weapon of openness.
    9. Re:Small and Medium business owners == Idiots? by Penguinshit · · Score: 1

      Honestly? No, it really didn't come across to me that way. I would have thought that, being a SCO reseller, you'd be furious over SCO's shenanigans because (as you state) it could have a disastrous effect on your livelihood (and upon your employees, if any). What I perceived was a "C'est la vie" attitude on your part. I've seen that same attitude from others in similar-yet-different circumstances, and that attitude ended up having a rather large negative impact on people close to me.

      Forgive my misinterpretation. But your entire post (I did go and read the whole thing you posted in June on another site, not just the snippet provided above) didn't strike me as being concerned about Linux.

      So let me ask you; are you considering not being a SCO reseller anymore because of their recent actions?

    10. Re:Small and Medium business owners == Idiots? by tonyl · · Score: 1

      Of course not.

      This isn't high school. This is business.

      It doesn't do me any good to punish my customers by dumping SCO. For whatever reaon, these people want or need to continue running SCO.

      If they WANT me to move them to another platform, fine. Otherwise, I'm not going to refuse their requests.

      --
      -- Tony Lawrence
    11. Re:Small and Medium business owners == Idiots? by Penguinshit · · Score: 1

      This isn't high school. This is business.

      Go easy there, chum; I didn't just fall off the tree myself.

      You are right about this being business. And that said, one might think if your main supplier began to engage in behavior that made it difficult to sell the product being supplied, that you would move to limit the impact that supplier has on your business.

      Of course, if that supplier isn't the only one you have or isn't a major portion of your business,then you have little to worry about. However, based on our conversation, I'd say that it is and that you're content to go down with a sinking ship. That's what I questioned; of course it is ludicrous to just abandon a customer base, but you aren't in business to be a charity either.

      Please correct my impression if incorrect.

    12. Re:Small and Medium business owners == Idiots? by tonyl · · Score: 1

      "one might think if your main supplier began to engage in behavior that made it difficult to sell the product being supplied, that you would move to limit the impact that supplier has on your business"

      Chuckle :-)

      SELLING SCO product has never been an important part of my business. I sell very little, and almost all of that is upgrades. My business is support and troubleshooting: most of my customers were sold their systems by someone else.

      I think you'll find very few (if any) SCO resellers who would be seriously hurt by that ship sinking.

      --
      -- Tony Lawrence
    13. Re:Small and Medium business owners == Idiots? by Penguinshit · · Score: 1

      Ahh.. I see. Thanks for clearing that up.

      As I said, it really appeared to me that you were primarily a SCO reseller who was strangely glib about the possibility of your business being destroyed by SCO's current posturing.. I found that odd, and, since I've got personal experience with a similar circumstance, hence my original comment.

      Cheers!

    14. Re:Small and Medium business owners == Idiots? by tonyl · · Score: 1

      Ah but wait: I AM concerned about my business being hurt by SCO's actions. Not the SCO business particularly, but the Linux business.

      Actually, if SCO went out of business (and I really, really doubt that - I know that won't be a popular opinion here, but it is my feeling), it would be good for me: having decades of experience in SCO, Sun and Linux puts me in a good position to profit from folks who would need to move to other platforms.

      However, I don't particularly WANT that: I don't like earning money from misery. I'll take the work, of course, but I'd rather earn my keep doing useful things.

      But if Linux goes down, that could seriously damage all Unix, and the Microsoft war machine will just keep on rolling unimpeded. That's not good for me, as I detest Microsoft work and would be very mierable if forced into it. I can do it: I have an (outdated) MCSE, but I would be bitter and unhappy.

      But.. and here's the cavalier part you don't grok: if SCO really does have a case against IBM, I have to agree that they have a right to sue and recover damages EVEN IF THAT HURTS ME. I wish they were smarter, because I think this can only hurt them as well, but the cookie crumbles as it will, and if it crumbles against me, I have to live with it. I think that's just unfortunate reality: shit happens, and then you die.

      From my own selfish point of few, I would hope that SCO has nothing, that Linux and Open Source are entirely vindicated and emerge from this stronger than ever. I also hope to win the lottery tomorrow night - either one will be just fine with me.

      but reality is whatever it is: whether I come out of it hurt or happy is unimportant to SCO, IBM, Linux and just about anyone reading this.

      --
      -- Tony Lawrence
    15. Re:Small and Medium business owners == Idiots? by DaveJay · · Score: 1

      My apologies to Tony Lawrence for the glib remark about pirated office products, although the rest of what I said still stands. :)

  29. Breaking news: RMS' arm broken in Finland by Anonymous Coward · · Score: 0

    Isn't it time to teach these knife-wielding, vodka-drinking "finnar" a lesson for attacking our idol? Ban their IP for a week!

  30. The good news... by DaEMoN128 · · Score: 2, Interesting

    is that you can contact them and reserve your piece of paper at the current price. Oh wait, that's right, I dont need a stinking piece of paper.

    BTW, the 699 every one is talking about is for servers. Its only like 200 (approx, I dont remember off the top of my head) for personal use.

    I say we all pitch in and buy 1 licence, and then have all the Kernel developers sue the shit out of SCO. We can just add in our 699 to the costs to get our money back :)

    (Im not trying to troll, But I think it looks that way, D'OH)

    --
    Stop signs are only Suggestions
    1. Re:The good news... by jon3k · · Score: 1

      I'm not 100% sure, but I believe $699 was for a single cpu linux license.

      Server or desktop.

      Maybe someone else can comment (preferrably with a link) ?

  31. Honest and fair chance... by nick_danger · · Score: 1
    "I don't think that any company is going to see a lawsuit rolled out to them that hasn't been given an honest and fair chance to purchase a license," he said.

    Yeah, just like the honest and fair chance they gave IBM...

    1. Re:Honest and fair chance... by stevesliva · · Score: 1

      Specially priced liscenses for Linux developers are $3 billion. They were going to ask for "three gazillion dollars," but couldn't agree how many zeros were in a gazillion.

      --
      Who do you get to be an expert to tell you something's not obvious? The least insightful person you can find? -J Roberts
  32. OT: The Slashdot Caldera/SCO topic icon by curtisk · · Score: 5, Funny

    I would like to have it changed to an overhead image of the caldera logo spiraling mid-flush in a dirty toilet. Thats where they are headed

    --

    Sehr geehrter Toilettenbenutzer!

    1. Re:OT: The Slashdot Caldera/SCO topic icon by RealErmine · · Score: 1

      Is it me, or does the Caldera logo appear as Mickey Mouse's head in blue overshadowing a red globe? Isn't that copyright infringement? Maybe it's just a portent of Disney's future global domination.

      --
      Dewey, you fool! Your decimal system has played right into my hands!
  33. requesting license from SCO real time (now) by gsfprez · · Score: 1

    calling and asking to buy copies of license before i started my small business - to see what is involved with purchasing the license.

    damn.. i got fscking voice mail.

    I told him i wanted to get all the documentation and information on what I get for my purchases of the LInux license before I buy it - just so I know what it is I'm buying... and left him my phone number.

    oh well - they can't say that I didn't try.

    --
    guns kill people like spoons make Rosie O'Donnell fat.
    1. Re:requesting license from SCO real time (now) by StenD · · Score: 1

      Sure they can - they haven't seemed to have any problems making statements at variance with objective reality in the past, why do you think they'd hesitate to do so in regards to you if they could possibly make a dime off of it?

  34. Re:esos gay by Anonymous Coward · · Score: 0

    Cretin.

  35. This isn't set up for large-scale use yet. by Sheetrock · · Score: 1
    Right now, SCO's drive has been towards getting businesses to compensate them. Issuing and tracking licenses for 1000 corporations is easier than handling the whole Linux community.

    Microsoft has multiple tiers for their licensing plans. It's likely that SCO has yet to implement more efficient licensing plans for the community at large; I'd imagine that eventually they'll set up a form where one can pay for their service with a credit card online and get a unique customer number or something similar. But it shouldn't be a surprise that more attention is paid to businesses that are using more services and are therefore more lucrative to focus on.

    Besides, do you really want them to start charging everybody right now? I'd welcome this reprieve.

    --

    Try not. Do or do not, there is no try.
    -- Dr. Spock, stardate 2822-3.




    1. Re:This isn't set up for large-scale use yet. by luzrek · · Score: 1

      Anyone want to bet that SCO doesn't have the technical knowhow to track licenses for the entire GNU/Linux community?

      --

      Galium Arsenide is the material of the future, and always will be.

    2. Re:This isn't set up for large-scale use yet. by Stephan+Schulz · · Score: 1
      Besides, do you really want them to start charging everybody right now? I'd welcome this reprieve.
      Yes, I want them to "start charging everybody", so that everybody (or at least somebody) has legal standing to sue them into the ground. Guess why it is impossible to buy a license?

      Also note that a SCO license is absolute snake oil. Even if they had a point, i.e. if there were non-free SCO code in Linux, the whole kernel could not be distributed under the GPL and hence could not be distributed at all, because any other license would violate the copyright of a couple of thousand kernel developers.

      You might legally be able to continue to run your existing copy, but I doubt even that.

      --

      Stephan

  36. This is to protect themselves by DingoBueno · · Score: 1

    They've got plenty on their plate with Fortune 1000 companies. They don't need an additional ENORMOUS class action suit filed by the rest of the world.

    --
    ascii art
  37. But if you buy a SCO license you HAVE a contract.. by Ungrounded+Lightning · · Score: 2, Insightful

    Nobody signed a contract here, so the only problem is copyright law, [...]

    But if you buy a SCO license you're entering a contract with SCO. Note that they're not suing IBM for violating a copyright - but they ARE suing them for allegedly violating a contrct.

    If you buy the license you are paying $699 to give SCO the right to sue you if you ever use Linux on more than one machine. NOT smart.

    --
    Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
  38. Go Get 'em IBM by H8X55 · · Score: 1

    "We're not the RIAA! We don't want to take advantage of the little people, just the big fish, the ones with the money, yeah, that's the ticket!"

    it seems to get deeper every week, i really hope Big Blue crushes the evil bastards.

    Time to buy some IBM stock...

  39. Big Question, Refunds by PktLoss · · Score: 1

    My big question is:

    If (many will argue When would be the right term) they lose the lawsuits, and it is found that Linux contains no code that is part of their IP. Will they automatically grant complete refunds (none of this $99 processing fee cra) to those who purchased a pointless license from them.

    If not, why?

    1. Re:Big Question, Refunds by twiddlingbits · · Score: 1

      Why? Because there will be nothing left after they pay legal fees, damages to IBM and have zero sales. I suppose you can file a claim against whatever money the assets that are left bring when they are auctioned off under Chapter 7. After they pay labor claims and legal fees and start working on damages you might get 50 cents. I wonder what that license looks like framed and hung up as a conversation piece! ?

    2. Re:Big Question, Refunds by Anonymous Coward · · Score: 0

      answer: no !
      Because once they have lost the lawsuit and McBride has been kicked out, there'll be no money left in the company !

    3. Re:Big Question, Refunds by asobala · · Score: 1

      If (many will argue When would be the right term) they lose the lawsuits, and it is found that Linux contains no code that is part of their IP. Will they automatically grant complete refunds (none of this $99 processing fee cra) to those who purchased a pointless license from them.

      No.

      If not, why?

      Because they will be bankrupt.

    4. Re:Big Question, Refunds by wzzrd · · Score: 0

      If (many will argue When would be the right term) they lose the lawsuits, and it is found that Linux contains no code that is part of their IP. Will they automatically grant complete refunds (none of this $99 processing fee cra) to those who purchased a pointless license from them.

      No.

      If not, why?

      Some nasty little thing called 'bankruptcy'

      Mind you, I have to make a mental note to hang out the flag (any flag really, but one with a penguin in particular would be nice) the day SCO and Darl bite the dust and get shoved 6 ft. deep.

    5. Re:Big Question, Refunds by StenD · · Score: 1

      We know that the Linux kernel legitimately includes IP from SCO (from Caldera - tlan.[ch] and af_ipx.c, at least). Since, as I understand it, SCO is selling a license to use SCO IP in the Linux kernel, even if they fail to prove that there is any SCO IP improperly included in the kernel, the license would still apply to the legitimately included IP. Customers wouldn't need that license, since the IP would also be licensed under the GPL, but since the license SCO sold would still be covering real IP, they might be able to avoid the need to refund any license fees.

    6. Re:Big Question, Refunds by budgenator · · Score: 1

      as I understand it, SCO is selling a license to use SCO IP in the Linux kernel

      As I understand it the license is to hold you harmless for use of SCO IP in a linux system, which they I assume would also do if your Linux system actualy held no SCO IP

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
  40. fair is fair by tetrahedrassface · · Score: 4, Interesting

    If SC0 has a case ( i dont think they do) then they would want all parties, whether corps or home users to pay their fees. As things now stand SCO is essentially saying "only the big boys must pay". This is convoluted and flawed logic. Of course I would not expect much else from SCO these days. The real question is how does SCO expect to legitimize its claims by selective billing? If linux is tainted (which i doubt) then all users who knowlingly use it anyway are liable. This just goes to show that SCO knows they have no case. SGI has essentially said that they reveiwed all the code and compared it to sysV and we are clean. Really SCO should go after everyone if they think they have a chance in hell of winning. They dont and this tale keeps getting weirder and weirder. SCO is getting more desperate. The plot thickens....

    1. Re:fair is fair by Anonymous Coward · · Score: 0

      People are starting to wise up, so SCO have decided to just go after the PHB's who don't know any better. This whole fiasco would make a great Dilbert strip, doncha think?

    2. Re:fair is fair by Bas_Wijnen · · Score: 1

      they would want all parties to pay their fees

      This isn't about not wanting them to pay, it's about not allowing them to. They're not just saying "you don't need to pay, we won't sue you", they're saying "we shall not accept any payment from you".

      SCO would refuse money only for one reason: because it costs them more than they get if they accept it. And indeed it does: If they actually sell a license, then the receiver can sue them for mail fraud and would probably win. They don't want to risk that, and surely not for only $699.

  41. It doesn't always pay to have deep pockets??? by Keck · · Score: 1

    It doesn't always pay to have deep pockets.

    ???? So it's better to have less money now, because you might have to give some of it up for whatever reason? Besides the fact that in this case, I'd LOVE for them to come after me for something like this if I did have the proverbially deep pockets, I'd get the opportunity to sue them for improper billing...

    --
    A computer without Microsoft is like ice cream without ketchup.
  42. Separate the wheat from the chaff by Weaselmancer · · Score: 5, Insightful

    Makes sense to me. SCO is playing the lottery here, and hoping one of the tickets is a winner.

    Why go after Joe Consumer? SCO knows their odds of even finding private citizens using Linux are next to zero. Private citizens hardly ever get busted using a pirated copy of Windows, and Redmond has cash to burn to go looking for them. And even if they were to nail a few guys, so what? They're looking for a big payoff here, not nickel-and-dime end users.

    But Fortune 1000 companies, ah! Big bucks. They're hoping to intimidate some huge company with the threat of audits and huge legal expenses vs. the relatively low cost of a site license.

    And they know they only have a limited time to try their horseshit before some judge somewhere finally makes them show the "you can't see it yet" infringing code, and that'll be game over when it happens. So they're in a hurry - no time for small potatoes.

    So please, don't bother SCO unless you have obscene piles of cash lying around and a panicky board of directors!

    Weaselmancer

    --
    Weaselmancer
    rediculous.
    1. Re:Separate the wheat from the chaff by Brian+Blessed · · Score: 2, Interesting

      They're hoping to intimidate some huge company with the threat of audits and huge legal expenses vs. the relatively low cost of a site license.

      That isn't it. They've switched to saying that only fortune 1000 companies can get a license in order to stop people from trying to get one. They know that they can't actually sell one and they're gambling on the idea that a fortune 1000 company won't publicise the fact that SCO wouldn't let them buy one.

      They were in danger of people in the media (who run Linux) demanding to know why they can't buy a SCO license, but now that heat is conveniently deflected.

      - Brian.

    2. Re:Separate the wheat from the chaff by Weaselmancer · · Score: 1

      They've switched to saying that only fortune 1000 companies can get a license in order to stop people from trying to get one.

      That's a really interesting idea.

      So what you're saying is that the whole SCO fiasco boils down to stock inflation only. They know their claim is bogus - and selling a license would be a different offense (fraud), with a higher penalty. They're unwilling to risk real jail time over this, so they don't sell any licenses to anyone on purpose, to maintain the scam as long as possible while they cash out.

      I wish I could split my mod points with you - good call.

      Weaselmancer

      --
      Weaselmancer
      rediculous.
    3. Re:Separate the wheat from the chaff by Anonymous Coward · · Score: 0

      I agree...SCO is running up the bet but eventually there will be no more chips to lay on the table and everyone will have to show their cards and when that happens everything will be made clear and SCO will become like goo on the bottom of IMB's shoe.

  43. It's all about the attention... by LilMikey · · Score: 1

    Pretty soon SCO will just start tossing out press releases with "LOOK AT ME" on them.

    --
    LilMikey.com... I'll stop doing it when you sto
  44. They'd be breaking Federal Law if they ... by burgburgburg · · Score: 3, Interesting
    actually sold any licenses. It's called mail fraud. And if they sold a few of them, it would also open them up to RICO prosecution because it would indicate a pattern of criminality that qualified as racketeering.

    Threatening end-users was baseless allegations to drive up the price of your stock is also a Federal crime, but involves securities laws that are far more difficult to prove/prosecute and even when convicted, they usually only result in small fines.

    1. Re:They'd be breaking Federal Law if they ... by donutz · · Score: 1

      actually sold any licenses. It's called mail fraud.

      They could always just fax over a copy of the license. Or heck, for the $699 fee, they could hire a courier to hand-deliver the license paper.

    2. Re:They'd be breaking Federal Law if they ... by Zathrus · · Score: 1

      actually sold any licenses. It's called mail fraud.

      Untrue. It's only mail fraud if you bill someone for something that you're not allowed to bill them for/never sent. Certainly SCO is not legally allowed to bill for Linux licenses, but they're not doing that. They've simply said "pay us $699 and we'll never sue you over Linux violations". They didn't send a bill, they just made a public statement. If you chose to pay them then that's your own decision, but you were under no legal obligation to any more than you were obligated to give a panhandler $1 for food.

      And if they sold a few of them, it would also open them up to RICO prosecution because it would indicate a pattern of criminality that qualified as racketeering.

      Doubt it. There's an outside chance they could be hit up for fraud, but since their actions are inline with their allegations that's doubtful as well. They're guilty of fleecing the stupid, but that's not illegal. They've managed to stay just a hair on the right side of the law thusfar -- although they've repeatedly made statements that, if followed through with actions, would put them deeply on the wrong side of numerous laws (such as sending out bills for licensing -- mail fraud as you say).

      Threatening end-users was baseless allegations to drive up the price of your stock is also a Federal crime

      It'd also be virtually impossible to prove that that was the sole reason for the claim. And, contrary to what many /.ers think, SCO execs aren't having a fire sale on their personal shares/options of SCO.

      They're doomed of course -- they don't have a leg to stand on as far as their actual claims go -- but there's one hell of a lot of FUD going on around here; almost as much as what SCO is spreading.

    3. Re:They'd be breaking Federal Law if they ... by Jaywalk · · Score: 1
      They'd be breaking Federal Law if they actually sold any licenses. It's called mail fraud.
      No, it would be mail fraud if they had sent out invoices -- a plan which they recently scrapped. If you give them money for a license, it depends on the wording of the license. Presumably they're intelligent enough to word it something like:
      This license give you the right to use the intellectual property (if any) SCO has in Linux and we promise not to sue you. And you can't get your money back in any case.
      The idea is to sell insurance in case they have any intellectual property, without promising that you're buying anything of value.

      There's a sucker born every minute. Usually, that's enough.

      --
      ===== Murphy's Law is recursive. =====
    4. Re:They'd be breaking Federal Law if they ... by dspfreak · · Score: 1
      Maybe that's why they're limiting it to the Fortune 1000 companies. A few Open Source advocates could get together and buy a fraudulent license for $699 and take SCO to court. A Fortune 1000 company probably isn't going to do something like that (most likely, they'll just ignore SCO altogether).

      Just a hunch, but maybe they saw who was actually trying to buy single licenses and went "uh oh, let's come up with a reason we aren't going to sell it to them".

      --
      "Tolerance is the virtue of the man without convictions." -- G. K. Chesterton
    5. Re:They'd be breaking Federal Law if they ... by yoshi_mon · · Score: 1

      Even more so, if you sell a lisance in person and the buyer does not make any amdends to the contract (lisance) they have not just commited to a full contract.

      It is at this point that I would have to disagree with the oringal poster beacuse it would seem to me that any company that is worth it's salt would have it's legal team at they very least look at a contract that could possaibly lock them into many many years worth of expendatures.

      No, I don't that's correct.

      --

      Really, I know what I'm doing...Ohhhh, look at the shiny buttons!
    6. Re:They'd be breaking Federal Law if they ... by red+floyd · · Score: 1

      They could always just fax over a copy of the license.

      Wire fraud.

      Or heck, for the $699 fee, they could hire a courier to hand-deliver the license paper.

      Plain old ordinary every day fraud.

      --
      The only reason we have the rights we have is that people just like us died to gain those rights. -- Cheerio Boy
    7. Re:They'd be breaking Federal Law if they ... by donutz · · Score: 1

      "They could always just fax over a copy of the license."

      Wire fraud.

      "Or heck, for the $699 fee, they could hire a courier to hand-deliver the license paper."

      Plain old ordinary every day fraud.


      Well I don't know about wire fraud, but "plain old ordinary every day fraud" isn't a federal crime, as far as I know. That's all my point was.

    8. Re:They'd be breaking Federal Law if they ... by Anonymous Coward · · Score: 0

      So when did you pass the Bar exam? Or are you an FBI agent?

    9. Re:They'd be breaking Federal Law if they ... by neurojab · · Score: 1

      >The idea is to sell insurance in case they have any intellectual property, without promising that you're buying anything of value.

      I'm not sure that's actually legal. IANAL (lawyers chime in), but any legal contract must be a quid pro quo arrangement. This means that if I lose something (money) by entering into a particular contract, but gain nothing, the contract is invalid. If they were selling $699 pieces of paper, that stated they were worth no more than the paper they were printed on, I would gain a piece of paper for my $699, but they want to sell "nothing" for $699. I think if someone wasn't too embarrased to admit they fell for it, they may be able to get their money back on the grounds that there was no legal contract.

    10. Re:They'd be breaking Federal Law if they ... by Anonymous Coward · · Score: 0

      They could always just fax over a copy of the license.

      According to their Substitute Motion for Enlargement of Time to Respond to IBM's Motion to Compel Discovery, their fax machine isn't too good.

      "The drafters of the first Motion for Enlargement worked largely from faxed documents that were incomplete and did not contain the Addendum to IBM's Motion to Compel. Since the filing of the original motion, the contents of the Addendum were discovered."

      So maybe they're better not risking faxing stuff.

  45. my thought by Anonymous Coward · · Score: 0

    Why don't you whiney little bitches just shut the hell up and fork over the $699? I'm sure you all are employed and can pay it. LOL

  46. Huh? by Kobold+Curry+Chef · · Score: 1

    What kind of screwed-up Ouija board are they using to make decisions over there, anyway? I realize SCO hasn't made much sense for months and months now, but not taking money from the people dumb enough to give it to them? That's just bizarre....

  47. Has Fortune given them rights to use the list? by tetranz · · Score: 1

    Just wondered.

  48. Wait a minute: by big_groo · · Score: 1

    $699 for a license to use Linux, but I can get an SCO OpenServer 5 license for $149?
    I'm confused.

    1. Re:Wait a minute: by Anonymous Coward · · Score: 0

      It's like how a shitbox luxury car that hasn't been worked on since the mid 80s is cheaper than a reasonably nice bicycle.

    2. Re:Wait a minute: by budgenator · · Score: 1

      actualy after four hours, it's had zero bids and a reserve of $89.00 which includes 15 minutes of free support, 30 minutes if you use the $149.00 buy-it-now. Basicaly he's giving it away if you buy the support.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
  49. So... by ivanmarsh · · Score: 1

    I'm infringing on a license I'm not required to buy?
    That's gonna' make a lot of sense in court.

  50. Arrogance by MoxCamel · · Score: 1
    Stowell advised small and medium-sized businesses interested in the Linux license to wait for SCO to contact them.

    So basically, "sit tight and don't worry your pretty little head about it, bitch. When we're ready to take your money, we'll let you know. Okay? Buh-bye."

    /makes phone motion with fingers/ "Um...call me, okay?"

    Dicks. I wouldn't have paid for a license before, but hopefully this pisses off a bunch of the "smaller" companies that were going to purchase licenses enough that they won't now.

  51. GOOGLE's DOWN by Anonymous Coward · · Score: 0

    Anyone know WTF's up?

    1. Re:GOOGLE's DOWN by donmiguel42 · · Score: 1
      You probably have the Qhosts trojan on your machine (guessing you're a Windows user). Check out Symantec's or Sophos's sites for how to fix it.
      Or, delete the hosts file in %Windir%\help and reboot.

      Have a nice day.

  52. Don't do it! by Paracelcus · · Score: 1

    Don't pay these crooked SCO scumbags ANYTHING!
    Make them sue you, countersue!

    Every Linux enthusiast on the planet should show up on their corporate doorstep one morning and collectivly piss on them and their shitty licensing scheme!

    --
    I killed da wabbit -Elmer Fudd
  53. OMFG!!!1!! YUO = TEH FUNNAY! by Anonymous Coward · · Score: 0

    You shud go on cank yankers!

  54. Easy solution, make more people work at home... by CrackedButter · · Score: 1
    ...like linux admins.

    Knock at the door.

    SCO: We believe you may be running unlicensed linux machines for your business. We want our money!

    ADMIN: But i am a home user, you only charge businesses! You should't be after me.

    SCO: Yes but YOU DO run a business don't you and we have here that you are responsible for over 5000 machines. Like we said, we want our money.

    ADMIN: But i access those machines from my house, at home!

    SCO: But YOU remotely access them from here, don't split hairs! We want OUR money!

    ADMIN: No no, you don't understand, i run all the machines here, at home!

    SCO: *Scratches head*
  55. YOU'RE INTELLIGENCE IS DOWN by Anonymous Coward · · Score: 0

    Uhhhh, you're mistaken perhaps????

  56. If you're a Fortune 1000 company... by Junior+J.+Junior+III · · Score: 3, Insightful

    $699 is probably less than you pay your legal department for an hour of sitting around on retainer. Thus, it starts making more sense to just pay SCO this one time to get them to shut up and go away.

    The question: "Which is less: the number of processors in your enterprise, or the number of legal man-hours it'd take to fight of a SCO lawsuit?" becomes relevant.

    Of course, once SCO starts getting companies to pay up, then it sets an established precedent which they can use to bully the small fry and extract the money from them.

    --
    You see? You see? Your stupid minds! Stupid! Stupid!
    1. Re:If you're a Fortune 1000 company... by stevesliva · · Score: 1
      $699 is probably less than you pay your legal department for an hour of sitting around on retainer. Thus, it starts making more sense to just pay SCO this one time to get them to shut up and go away.
      If I were going to hire myself a legal department, you can bet they'd be salaried employees.
      --
      Who do you get to be an expert to tell you something's not obvious? The least insightful person you can find? -J Roberts
    2. Re:If you're a Fortune 1000 company... by IshanCaspian · · Score: 1, Redundant

      It's actually 699 per processor....which over an entire fortune 1000 company running linux, is probably an astonomical amount.

      --

      But there is another kind of evil that we must fear most... and that is the indifference of good men.
    3. Re:If you're a Fortune 1000 company... by Anonymous Coward · · Score: 0
      Of course, once SCO starts getting companies to pay up, then it sets an established precedent which they can use to bully the small fry and extract the money from them.
      Nonsense. An out-of-court settlement does not establish any legal precedent whatsoever.
    4. Re:If you're a Fortune 1000 company... by Anonymous Coward · · Score: 0

      But if you pay the $699, you will still be paying the legal department. Then you are out $699 more.

      I bet your end-of-year taxes are a mess. :D

    5. Re:If you're a Fortune 1000 company... by Cygnusx12 · · Score: 1

      $699 is probably less than you pay your legal department for an hour of sitting around on retainer. Thus, it starts making more sense to just pay SCO this one time to get them to shut up and go away.

      Someone correct me if I'm mistaken here, but isn't it 699 per Server ?

      Those kinds of costs can stack up quickly too.

    6. Re:If you're a Fortune 1000 company... by Junior+J.+Junior+III · · Score: 1

      And they'd probably cost around $699/hr. or more. For a small department on retainer. That's actually a pretty small estimate for a Fortune 1000 company.

      --
      You see? You see? Your stupid minds! Stupid! Stupid!
    7. Re:If you're a Fortune 1000 company... by Junior+J.+Junior+III · · Score: 1

      No, it's per processor. But, a corporate lawyer is probably a few hundred per hour. And, yes, that's per lawyer, and per hour.

      --
      You see? You see? Your stupid minds! Stupid! Stupid!
    8. Re:If you're a Fortune 1000 company... by stevesliva · · Score: 1

      Yeah, but it's a sunk cost.

      --
      Who do you get to be an expert to tell you something's not obvious? The least insightful person you can find? -J Roberts
    9. Re:If you're a Fortune 1000 company... by gnu-generation-one · · Score: 0

      "$699 is probably less than you pay your legal department for an hour of sitting around on retainer."

      Well if they're working for you anyway, why not have them spend that hour filing a stock-fraud complaint against SCO?

    10. Re:If you're a Fortune 1000 company... by Anonymous Coward · · Score: 0

      Originally SCO was throwing around numbers like $99 per Linux install.

      Had they gone with the lowball number, many many many large corporations would have paid them off. Think about it -- What's $99/box when you are running a $1M ERP system on Linux? A laywer can't blow his nose for $99.

      But instead they picked a ridiclous $699 number. Perhaps they need to justify the $1 Billion they are trying to get out of IBM. Or perhaps the whole thing is just a pointless FUD attack anyway and is never intended to get any income for SCO.

    11. Re:If you're a Fortune 1000 company... by Anonymous Coward · · Score: 0

      parent is correct.

    12. Re:If you're a Fortune 1000 company... by thx2001r · · Score: 1

      And, realistically, I betcha most of those huge companies have Linux (at this point in time) only in the Server Room (in large distribution). Most of the desktops running corporate-wide are probably still running MS.

      The disturbing thing is that some bean counters out there will be persuaded that a $300 Microsoft Tax for Windows is more cost-effective than the potential $699 SCO Tax for Linux. Sigh...

      Maybe Microsoft will prove everyone wrong and if SCO wins their court case(s), MS might simply jack the Tax on Windows all the way up to the SCO level (to be competitive on price). Anyone feeling queasy yet?

      --

      -Joe
      If we're all god's children, what's so special about Jesus? - Jimmy Carr

    13. Re:If you're a Fortune 1000 company... by sexecutioner · · Score: 1

      You are correct, but they don't ever want to get to court. So far it's been bully tactics all the way and having a little more weight to throw around (eg: so and so payed, now it's *your* turn) will help them out.

    14. Re:If you're a Fortune 1000 company... by Anonymous Coward · · Score: 0

      5000 * 4 * 699

      5000 = servers
      4 = processors/server
      699 = cost of license/processor

      $13,980,000 = Unbudgeted line item

    15. Re:If you're a Fortune 1000 company... by Reziac · · Score: 1

      "The disturbing thing is that some bean counters out there will be persuaded that a $300 Microsoft Tax for Windows is more cost-effective than the potential $699 SCO Tax for Linux."

      Perhaps that's the whole point, considering the apparent backroom relationship between M$ and SCO.

      Aside from the stock pump-and-dump, that is...

      --
      ~REZ~ #43301. Who'd fake being me anyway?
  57. setting themselves up? by at_kernel_99 · · Score: 1

    Is SCO not setting themselves up for enforcement problems? If I'm fortune company #999 and am 'allowed' to participate, but fortune #1001 is not because they have a market cap $10 million lower, can I not use this as an argument that I shouldn't have to pay either? Seems like when the inevitable lawsuit occurs, SCO will have a hard time explaining their actions.

  58. Article Oddities by jetkust · · Score: 1

    Last Thursday it revealed that it had delayed until Nov. 1 a plan to double the price of the license in order to give users more time to buy licenses at the lower rate.

    How thoughtful of SCO. So we can pay $699 instead of $1398 for free software. And we have until Halloween?


    "I think the chances of collecting from small businesses are very small, because they have very little to lose," he said. "They don't necessarily know whether they have SCO or Linux. The only time they care about their computer is when it crashes."

    This guy subliminally replaced Windows with an imaginary SCO OS in his sentence. Is Microsoft so deep into this SCO scandal that SCO and Windows can be used interchangably in a sentence?

  59. who are these people by Edmund+Blackadder · · Score: 1

    "the vast hoardes of willing new Linux licensees" who are these people?

    1. Re:who are these people by Jesrad · · Score: 1

      All these people are Slashdotters trying to get SCO to do the final mistake and send invoices, so they can sue SCO for racketeering / extortion / mail fraud.

      --
      Maybe we deserve this world ?
    2. Re:who are these people by cdunworth · · Score: 1

      I was being sarcastic. "Scant tens of hoodwinked saps" would have been more accurate.

  60. Re:Be consistent by Anonymous Coward · · Score: 0

    oops. Forgot to click "Post Anonymous." Mod it up anyway, slashfags! Thanks!

  61. Wonder if... by lamename · · Score: 1

    Do you suppose they sent an invoice to IBM yet? They qualify as Fortune 1000, and have made a big "public" display of using Linux. This is the kind of company SCO said they are going to target. If they don't have the guts to send a bill to IBM, they really don't think they have a chance.

  62. Can you say 'Class Action Lawsuit'? by Lodragandraoidh · · Score: 1

    SCO is not targeting so-called 'consumers' because they would have a class action lawsuit on their hands so fast it would make their heads spin.

    --

    Lodragan Draoidh
    The more you explain it, the more I don't understand it. - Mark Twain
  63. Re:Abolish copyright, and no problem. by Maxhrk · · Score: 0

    it is not copyright problem, it is patent system problem. I think at least. Or Maybe I am the one who dont understand the WHOLE problem with this kind of crap that SCO FUD keep up with. Anyway, I will keep using linux without paying SCO and lincense crap.

  64. Lawsuit Prevention by seeks2know · · Score: 0

    SCO's decision to limit sales to Fortune 1000 companies is simply an effort to restrict their litigation exposure.

    If they sell licenses to Linux zealots, they open themselves to civil (and possibly criminal) charges.

    The worst of all cases would be a class action lawsuit from Linux zealots that would be very expensive to litigate and have major cost potential.

    I'm just in awe of their ability to spin the facts for the PR world.

  65. Time for a small claims court protest by MerlynEmrys67 · · Score: 2, Interesting
    Don't know about the law across the US - but where I have filed small claims actions in Oregon it works like this...

    Go to district court house - get paper and fill it out including damages (lets set damages at the full price 1398 - or the maximum allowed in your juristiction) that were incurred and cost of delivering the summons.

    Find the local lawyer for SCO in your juristiction (they have to have one - it is public record) and get the papers served

    Wait and watch SCO go "Oh Shit"

    (ps. We all $profit$)

    What is nice about this is if enough geeks file papers in enough courts across the country SCO can't possibly defend themselves from the claims, and they will have to payup or shutup.

    I propose a geek stampeed - The week of the 8th of December seems like a good time to file lawsuits

    Please join in the protest by going to the district courthouse in your district and file a small claims lawsuit then

    PS... Don't make it a class action either - that makes the legal costs for SCO go down - and none of us will see the money at that point. Small claims court - we just say SCO is saying we owe them 1.4K - we say they don't so we are suing to get the money from them.

    --
    I have mod points and I am not afraid to use them
    1. Re:Time for a small claims court protest by boomka · · Score: 2, Insightful

      This might be a good idea... or might be not.
      I personally don't think I am qualified to say whether it is or not.
      In any case, if this campaign is to happen, it has to be organized by someone with reputation, someone whose name people would trust.
      And if such campaign is to happen, someone should _first_ consult a lawyer on (a) whether it's legally correct to go to small claims
      court with this (b) if it will really help to solve the legal mess over Linux and SCO.

      And most importantly of all, does the community even agree on whether we want SCO to shut up or not? There is a good argument for not making SCO shut up - then the case goes to court where IBM (and GPL) can win it - that would be a great thing for GPL.

      So in short, if this campaign is to be organized, it has to happen with someone like EFF supporting and approving it.
      Or at least with some of the respected people in Linux community saying this will actually help the cause.

      Otherwise these guerilla actions may simply not help anyone.

      --
      Human history becomes more and more a race between education and catastrophe.
      H.G. Wells, "The Outline of History"
    2. Re:Time for a small claims court protest by Anonymous Coward · · Score: 0

      Okay, now let me ask.

      What are you going to be suing them for?

    3. Re:Time for a small claims court protest by MerlynEmrys67 · · Score: 1
      Easy - the cost of the "Linux Licence"... Since they aren't entitled to it - I shouldn't have to pay... I will sue in court saying that... make them spend the lawyers time (long before IBM ever makes it) to show that they are entitled to the money.

      The joy of small claims court is there is a low bar - and all of the judges I have ever run into are very down to earth and will listen to common sense

      --
      I have mod points and I am not afraid to use them
  66. Re:Be consistent by B3ryllium · · Score: 2, Funny

    Penguins aren't farm animals.

  67. My unrevokable license plan by niko9 · · Score: 1

    Give me 699..no wait... for free, whenever, wherever, I'll give you this: Oooo
    Right up your ass ( )
    How;s that sound Darl? ) /
    (_/

  68. How about LinkSys routers? by msimm · · Score: 1

    SCO still needs to protect its intellectual property. ..

    --
    Quack, quack.
    1. Re:How about LinkSys routers? by luzrek · · Score: 1

      Doesn't SCO need to protect it's intellectual property by enforcing it's copyrights? Not being a lawyer, I was always under the assumption that if you do not actively persue all known copyright violators then you defacto wave your copyright.

      --

      Galium Arsenide is the material of the future, and always will be.

    2. Re:How about LinkSys routers? by stratjakt · · Score: 3, Informative

      Nope.

      A copyright holder can do whatever he wants with his copyright. Imagine you write a hit song, and hold the copyright to it. Elton John wants to perform it at the grammies - you decide to charge him a half million dollars to do so..

      You find out that some kids garage band played it at their high school talent show - you can look the other way, grant them a 0 cost license.. Whatever you want.

      You're thinking of trademarks. You can't trademark a word unless you plan on defending it (or else some jackass would trademark every word in the english language by now)

      --
      I don't need no instructions to know how to rock!!!!
    3. Re:How about LinkSys routers? by ichimunki · · Score: 2, Informative

      RTFM. What you're saying is more true for trademarks than copyrights-- although I'm sure, given the (ahem) flexible nature of our legal system, there are exceptions to be found in both arenas.

      --
      I do not have a signature
    4. Re:How about LinkSys routers? by budgenator · · Score: 1

      I think that applies to trademarks, the obligation to defend. Of course I'm not sure what it is that SCO is complaining about either, it seems to be a mish-mash of parts of copyright, trade secret and a non-disclosure contract law applied as best suits SCO's interests at the time.

      Of course I can't see not make the licenses available to the general public being helpfull to their future claims for damages.

      --
      Apocalypse Cancelled, Sorry, No Ticket Refunds
    5. Re:How about LinkSys routers? by Xabraxas · · Score: 1
      A copyright holder can do whatever he wants with his copyright. Imagine you write a hit song, and hold the copyright to it. Elton John wants to perform it at the grammies - you decide to charge him a half million dollars to do so..

      You find out that some kids garage band played it at their high school talent show - you can look the other way, grant them a 0 cost license.. Whatever you want.

      That's not true. You can't charge someone for singing a song written by someone else at a concert. You can only receive royalties from recorded instances of a song.

      --
      Time makes more converts than reason
  69. The real damage caused by SCO by $beirdo · · Score: 1

    The real damage of SCO's spurious, money-grubbing claims to Linux IP is this: it's going to destroy the Open Source movement in the eyes of the uninformed. They've come a long way in reducing GNU/Linux's stature as a positive community effort in the eyes of someone who doesn't know who to believe. Which is a lot of people.

    And that makes me pretty sad.

  70. Since When... by Anonymous Coward · · Score: 0

    Since are there "vast hoards" willing pay SCO for Linux? If there are that is certainly a contrast from just a few weeks ago.

  71. Obvious ploy, hopefully to backfire... by rkhalloran · · Score: 1
    They figure enought Big Companies will fork over the (to them) piddling amount of money rather than pay their lawyers to contest it. This will give their bottom line a quick bump and make it more likely the exec's will get the three profitable quarters they need to cash in their options and bail for Bermuda.

    If they went after the home/small business users, there's enough outrage that one or more state AGs would get a nice PR bonanza of their own dragging some Big Software Company (yah right) into court for trying to squeeze consumers out of their money...

  72. Yo ho ho it's a pirates life for me by LodCrappo · · Score: 1

    I don't pay for software from companies who *do* own it, so this is a no brainer. But seriously, my question is this: How the heck does SCO expect to determine who is or is not using "linux" at home? Given that anybody can through together a distro and there are already loads of them, and that you can even install the kernel, etc yourself if you're really determined without using any distro... how could they ever possibly know short of a physical search of your house? Is SCO hoping that people will just mail them a check because "it's the right thing to do"?. these same people who don't bat an eye at "borrowing" that MS OFfice CD or burning copies of the latest game are actually going to pay SCO?

    --
    -Lod
  73. Look again by MarkusQ · · Score: 4, Interesting

    But not only is the SCO share price rising, but there are a lot of shares being traded too. The markets back SCO at the moment and not us.

    "The market" isn't a single entity, any more than slashdot is. What you are seeing is stock manipulation, plain and simple. At least, here's what I see:

    1. Someone buys up a large fraction of the float in SCO, until the price just starts to rise.
    2. SCO or a friend issues some sort of noise maker / press release
    3. The price shoots up
    4. Our anonomous friend sells into the rise until the price drops back down
    5. Profit!
    "The market" isn't backing anyone here.

    What you are seeing is wolves taking money from sheep by not-too-subtle trickery.

    -- MarkusQ

    1. Re:Look again by thx2001r · · Score: 1

      Not to mention, the amount of stock that SCO executives have sold off (in plain sight, no less) should be triggering some sort of warning light at a federal level. Why aren't the feds investigating this yet?

      --

      -Joe
      If we're all god's children, what's so special about Jesus? - Jimmy Carr

  74. Home users can take solace ? by Anonymous Coward · · Score: 0

    >At least home users of Linux can take solace in knowing that they don't have to pay up yet.
    Oh thank god ! Now my only fear left is whether I would be eaten live by a shark tomorrow.

  75. You're reading to much into it. by eddy · · Score: 1

    The shares went from $22 to todays $17.69 from the time they got the $50M death-spiral-money. How is this support?

    You can't read too much into these large up'n'downs with this petty stock. It's "light as a feather"; Low volume and large movement on that. Once the panic sets in, this will tank in minutes.

    Bonus article: The SCO Litigation: Maintaining Walls Around Trade Secrets or Attacking the Knowledge of Those Outside the Walls?.

    --
    Belief is the currency of delusion.
    1. Re:You're reading to much into it. by flafish · · Score: 1

      That bonus article is one long article worth reading.

  76. Smelling my fingers after stroking my girlfriend by Anonymous Coward · · Score: 0
    Just gave her a screaming orgasm. The smell on my fingers is strangely arousing but repulsive at the same time. Really weird. And it lasts for days.

    I wonder if the girls feel the same way about sucking our cock and sweaty balls.

  77. And you are, and you say this your source because by i_r_sensitive · · Score: 1

    Bear with me a sec, and IADNAL

    If we hypothesize that SCO can win the contract dispute with IBM, but is not able to succesfully challenge the GPL, wouldn't selling licenses to Linux obligate them to expose the code which they are licensing under the GPL?

    In fact, might this not be the root of the hasty back-pedalling on their part over the whole licensing thing? Really until the dust settles from all the legal cases, at the end of today, and every day until that happens, the GPL is the binding license document for that code.

    I'm interested to find out if anyone has actually purchased a license. And if the folks over at FSF know about it...

    I doubt SCO really wants to fight the GPL in court. I don't see anyway for them to prevail, but again IADNAL. The act of issuing licenses would (it seems to me) force them to become embroiled in a case, launched by the guys in the white hats, which could ultimately give the GPL it's baptism of fire.

    Just speculation, but if anyone is a lawyer, maybe they can comment on the possibility?

    --
    "Talk minus action equals nothing" - Joey Shithead, D.O.A.
    "Talk minus action equals /." -
  78. Looks like they fixed the article by Anonymous Coward · · Score: 0

    Looks like they fixed the article already.

  79. Re:Rumsfeld: a long, hard schlong in Iraq+ WTF?!?! by Anonymous Coward · · Score: 0

    Hang on, I thought it was going to be a peice of cake?

    He lied. Fancy that.

  80. i still say by Anonymous Coward · · Score: 0

    disney should sue sco because the old caldera logo looks like mickey mouse's head on a red globe.

    maybe disney can license the image at $699 X every instance of the logo in use?

  81. Auditing by butane_bob2003 · · Score: 1

    Does SCO plan to do software audits on these fortune 1000 companies? I didnt RTFA, but if they are ever planning to collect licence fees from anyone, they're going to have to spend the cash to do the audits. If they contacted me at my company, I'd just say 'Linux? Whats that? Have a nice day.' Click. I pity the fool that purchases a license from SCO.

    --


    TallGreen CMS hosting
  82. How sloppy can you get? by Anonymous Coward · · Score: 0

    Even the mafia gives more elegant shake-downs, and the corner scam-artist at least comes prepared.

  83. Lying. And why? by steveha · · Score: 1

    Until Tuesday, SCO had not indicated that its Linux licensing plan is available only to the Fortune 1000, a term generally used to denote the world's 1,000 largest corporations. "We didn't articulate that at the time, and probably should have," Stowell said.

    I've been wondering if Stowell is dishonest, or if he really believes the things SCO is saying. (I wonder the same thing about Darl McBride.)

    This quote makes it obvious: he's dishonest. The plan was, all along, to only go after the Fortune 1000... but they promised to sue the world, and said that everyone needed to buy licenses, and when individuals called SCO they were not told about the Fortune 1000 thing?

    And why did they feel the need to make this particular lie? Why can't they just say "We have now decided to let the little guy slide on the license for a while so we can focus on the big companies." Why try to pretend that was the plan all along?

    steveha

    --
    lf(1): it's like ls(1) but sorts filenames by extension, tersely
  84. Contact? by wintermute740 · · Score: 1

    From the atricle:

    Stowell advised small and medium-sized businesses interested in the Linux license to wait for SCO to contact them. However, customers that contact SCO before the Nov. 1 deadline will be eligible for the $699 per processor rate even if they can't actually purchase the license by that date, he said.

    If I make several assumptions (ok, Sammual L Jackson already pointed it out. That can make an ass out of you and umption) and SCO manages to will their cases, declare the GPL invalid, and manage to rule every program everywhere ever written a derivitive work of their source code, then why do they want me to wait to contact them? So they can charge double the ammount? Yeah, like anyone who thought they had a chance would wait at that rate.

    I also need a little clarification of the word contact. What do you mean a DOS doesn't count as contact?!?!?!? (note for the humor impared: author of this comment does not advocate, and would never initiate, a DOS)

  85. Not...really. Look deeper. by siskbc · · Score: 1
    But not only is the SCO share price rising, but there are a lot of shares being traded too. The markets back SCO at the moment and not us.

    Yes, in the same way they backed Enron. Looking deeper, *45%* of SCO's stock is held by insiders. Only about 15% is held by institutions, the rest is basically your average day-trader. So in other words, the pros are treating SCO like plague. It's clearly overspeculation, and the numbers bear this out.

    Now consider their short position. Assuming that institutions and insiders aren't the ones shorting, then that means that about *31%* of the stock held by other groups is being shorted. That's phenomenal. Similar stats for, say, P&G? about 50% institutional owned, and a few percent short. Also, SCO's short shares have nearly doubled in a month. P&G is up about 20%, as is most of the market, thanks to the recent runup. But that can't explain SCO.

    I think you have a lot of people playing SCO like it was Monopoly money - but it ain't the pros. That's what I see from those numbers. People who know what the hell they're doing must be laughing at this.

    --

    -Looking for a job as a materials chemist or multivariat

  86. Mis-statement... or, misunderstanding? by Vee+Schade · · Score: 1

    unless you are a Fortune 1000 company, you can't buy a Linux license.

    It seems the gist of this is being largely misunderstood... First SCO says "all your code is ours... and you must have a license to use it." Now they're following that up with "only Fortune 1000 companies can buy a license." IOW, "personal users and small companies excluded - from being able to use (y)our code". What nerve! Sounds like more M$ bedsharing to me...

    McBride: "Okay, Bill, look... everyone knows Windows sucks in large datacenter-like deployments... so, how about this: you let us have those (we'll just call them "Fortune 1000" installs ;), and we'll help you eliminate Linux in... oh, say... everything else! Okay? Please, please, PLEASE, let's do that..."

    Gates: "Okay Daryl..." ((heh, heh, heh - but when Longhorn is ready... mwahahahaha!))

    --
    "LinuX - Dropping the c u r t a i n on Windoze." -- Vee Schade, vschade at mindless dot com
  87. Re:SHUT UP. YOU ARE NOT FUNNY YOU ZIT-FACED SCHMUC by Anonymous Coward · · Score: 0

    Hey troll! Have YOU fucked YOUR pig today?

  88. Their satanic majesties. by Anonymous Coward · · Score: 0
    The evil trinity according to the Slashdot mindless drones...

    Microsoft

    SCO

    RIAA

    Can't go a day without the whining...

  89. Let's create a corporation! by herrvinny · · Score: 1

    Seriously, let's create a corporation. I just looked up the fees to incorporate in Illinois, my home state, and it's less than $500, including some fancy fast shipping, hand deilvery, etc. We can sign up people to be unpaid employees or whatever,and we can market some web page design service. And we ONLY use Linux. How many employees/profit does a corporation need to qualify as fortune 1000? I'm willing to start up this corp. Anyone interested?

    1. Re:Let's create a corporation! by herrvinny · · Score: 1

      If anyone's interested in the price breakdown, try Here

    2. Re:Let's create a corporation! by iggymanz · · Score: 1

      heh it's by revenue; you're going to claim the same level of revenue as the world's top 1,000 corporations? That's quite impossible. Also, you can't count their wages from their employers as revenue of the corporation.

  90. Don't take credit... by Anonymous Coward · · Score: 0

    ...for my post, asshat!

  91. aplawrence.com runs..... by JUSTONEMORELATTE · · Score: 1

    Dang. I was hoping to find that this SCO consultant was going to owe $699 himself, but netcraft sez he's running FreeBSD.

    --

    1. Re:aplawrence.com runs..... by tonyl · · Score: 1

      Actually, I'd owe $1,398.00, because I do have two Linux servers here in my office. I'd convert them to BSD if I thought there was any chance I'd really have to pay that.

      Personally, I use Mac OS X for "my" machine.

      --
      -- Tony Lawrence
  92. Will.. by Anonymous Coward · · Score: 0

    ..these slashdot editors ever stop this "SCO Whoring" and continue to bring news that are NOT supposed to harm the reputation of Linux? I wonder ghow much damage goes to slashdot's credit for constantly spread the insults of these crackheads. sco.slashdot.org NOW!!! Why should anyone register here just to get this shit faster?

  93. They are incompetent! by Anonymous Coward · · Score: 0

    Eeven for a scam, this operation has been run so shoddily that it is hilarious!

    SCO: You must pay us $700 by October or the price will double.
    Linux User: OK, where do I send the money?
    SCO: [silence]
    Linux User: Just tell me where to send the check!
    SCO: [silence]
    Linux User: Look, damnit, just tell me how to pay you.
    SCO: Well, you don't really have to pay and we've extended the deadline so you don't have to pay double and ....

    What total bullshit!

  94. SCO's Did it on Purpose. by Anonymous Coward · · Score: 0

    hi,

    Does anyone think SCO could have let the Unix SRS (if it exits) slip into Linux on purpose so they could then, at some point in the future, collect licencing fees on it?

    Perhaps somone could sue them for neglegence in failing to 1) protect the srs and causing all these problems or 2) not finding the problem sooner or 3) knowing about the problem but waiting until Linux had good market penetration to collect lots of money or 4) causing more harm by not allowing linux programmers to remove the ofending code; if that were to happen they would not make any money from this would they?

  95. Tony Lawrence - SCO reseller by prgrmr · · Score: 2, Interesting

    Show of hands: who believes that Tony's business probably runs on pirated Microsoft products?

    From his web site we learn that he's a SCO reseller. This makes what he said one of the more interesting twists taken on the SCO-apologist soapbox, IMO.

    1. Re:Tony Lawrence - SCO reseller by tonyl · · Score: 1

      I'm not a SCO apologist.

      I don't like what they are doing even if IBM has done what they claim. To call me a SCO reseller is factual, though if I were depending on that for income I'd be pretty damn hungry right now.

      Most "SCO Resellers" like me have been actively involved with Linux, BSD etc. for some time now.

      Although the SCO Haters regularly arrrive in the SCO newsgroups trying to bait us, they quickly find that most of us also unhappy about this mess.

      I personally don't buy the wilder conspiracy theories, and suspect that SCO management honestly thinks they have been wronged, but THAT'S JUST AN OPINION. The conspiracy folks could be right, SCO could be right, and unlikely as it might be, even I could be right.

      --
      -- Tony Lawrence
    2. Re:Tony Lawrence - SCO reseller by 0x0d0a · · Score: 1

      Darn, I was just about to write "he's probably not an SCO apologist", when you beat me to it with a more authoritative answer.

      Oh, well.

      SCO resellers have been some of the folks that are somewhat screwed by the situation. There's not really any benefit to SCO starting a bunch of lawsuits and building up bad PR. As a matter of fact, to SCO resellers -- who, as far as I can tell, tend to sell to fairly boring, conservative companies -- are a big losing player. They want SCO to stay in business, but SCO playing a risky game isn't great for them or their customers, who want boring and safe. If SCO makes tons of money, that translates into little benefit to SCO resellers. If SCO starts to focus on Linux licensing rather than their own Unix (as they said they would in their SEC filing), SCO resellers get screwed.

      Basically, SCO resellers get screwed by this, pretty much no matter what happens. They aren't thrilled. Linux may technically be a competitor, but it's not as if they couldn't move to reselling and supporting Linux (well, at least more easily then to Windows).

      As an aside, I suspect that a lot of folks at SCO -- not upper management -- are quite irritated as well. Their jobs are being used in a big throw of the dice that seems to primarily benefit upper management and a holding company.

      Finally, SCO retailers, from exerpts from the newsgroup and blogs, seem to be a pretty decent source of levelheaded information on the whole debacle. They've been listening to what's been going on for a while. Some of this may be the fact that they tend to be older than most of the folks on Slashdot, but they aren't full of Linux fanaticism. On the other hand, they're in touch with reality, unlike McBride's PR releases.

    3. Re:Tony Lawrence - SCO reseller by prgrmr · · Score: 1

      My apologies if I've mischaracterized you. But, you have to realize that your statment They don't necessarily know whether they have SCO or Linux. reads like it is straight out of the SCO FUD manual. Furthermore, if that is truly the case with your clients, then I'd suggest you have an ethical obligation to get out there and educate them. And yes, I've done consulting, so I've been in your shoes.

      There's a strong possibility that neither SCO nor Linux will go away as a result of SCO's lawsuits or any of the current counter-suits. But things will probably change. You are obligated not only to inform but also to convey some understanding of both the short- and long-term risks associated with each product.

      OTOH, if you were simply generalizing and really didn't have any one client in mind, you can ignore all this.

    4. Re:Tony Lawrence - SCO reseller by tonyl · · Score: 1

      First: realize that when a reporter quotes, he picks and chooses sentences he likes. There were an awful lot of other sentences between those you saw.

      What I meant by "They don't necessarily know whether they have SCO or Linux" is that neither one has any importance to them: their concern with computers is strictly at the application level. They don't know about this stuff. Yes, I am generalizing: of course some DO care. But most have other concerns, and computer OS wars are far down on the list.

      As to my obligations, I have all of my clients on my mailing list and do refer them to articles about this - but I know that most don't read them, because, again, this is of no interest. More than one owner has asked that I redirect the email to someone lower in the organization: they are not interested in this computer gobblygook.

      The ones that DO know about this aren't going out of their way looking to license Linux from SCO. The necessity may never arrive, so why put out money? Certainly if legal action were threatened, they'd react, either by paying it (after all, it's a very small amount of money) or by replacing the Linux with something else: which would have no emotional component; their only concern would be will the apps continue to function.

      --
      -- Tony Lawrence
  96. Debate the question with the reseller by whoever57 · · Score: 1

    If you want to debate the issue with the consultant, he's a frequent poster in the newsgroup comp.unix.sco.misc

    --
    The real "Libtards" are the Libertarians!
    1. re: debate the question with the reseller by ed.han · · Score: 1

      what? informed, intelligent discussion? this is slashdot: get a grip! :D

      seriously though: not a bad idea at all. if only i could stop posting here long enough to do it... :>

      [twitches]

      ed

  97. Emperor's New Clothes by fleppir · · Score: 1

    And finally someone will say: "But, they aren't clothed. AT ALL!"

    --
    I am the Barber of Seville.
  98. not exactly by Anonymous Coward · · Score: 0

    The SCO vs. IBM is a contract dispute, not an IP dispute on the part of SCO. Anyone remember project Monterrey, SCO and IBM had a deal. That deal went south, and IBM may have used some of the IP generated in that deal in a Linux inclusion. If that IP is tracked back to SCO Unix V, look out! Any kind of victory will be a win for SCO, even a draw will be good for them, people will automatically make the assumption that SCO won an IP case or was exonerated, SCO can use that assumption to extract license fees, and plenty of schmucks might pay in the short term. In the long term 5-7 years down the road, that is the amount of time it would take for Linux users to assert their rights again in court, because things get so drawn out. That is more than enough time for SCO to ride this gravy train for everything it is worth. That could easily send SCO to $45. The FUD you all are eating up and spitting out will only make things worse if something goes wrong. Slashdot is doing more for SCO then they could have imagined by allowing their FUD to spread. Don't feed the troll. IBM will probably win, but if they don't we will need damage control, not a panic. We are creating an unstable environment where that could happen. DON'T FEED THE TROLL.

  99. I'm going to patent a business model... by Anonymous Coward · · Score: 0

    ...where I'm an asshat to all of my customers, my potential customers, my customers' families, their friends, neighbors, acquaintances, passers-by, total strangers walking by on the street, pets, and random lifeforms both catalogued and unknown to science.

    Then I'm going to sue the hell out of SCO for infringement.

  100. Like ING? by jdray · · Score: 4, Funny
    You're thinking of trademarks. You can't trademark a word unless you plan on defending it (or else some jackass would trademark every word in the english language by now)

    Kind of like the financial company ING? If Darl McBride were head of ING, he'd be suing half the world's English speakers every time they used a verb with his company's name at the end.

    --
    The Spoon
    Updated 6/28/2011
    1. Re:Like ING? by gooberguy · · Score: 1

      If Darl McBride were head of ING, he'd be suing half the world's English speakers every time they used a verb with his company's name at the end.

      Meh, we'd just switch to French.

      --


      Karma: Meh (Mostly from meh.)
    2. Re:Like ING? by red+floyd · · Score: 1

      a verb with his company's name at the end.

      That would be a "Gerund".

      --
      The only reason we have the rights we have is that people just like us died to gain those rights. -- Cheerio Boy
    3. Re:Like ING? by nick2342 · · Score: 1

      Nope. Sing is not a gerund, yet is a verb ending with 'ing'.

  101. This has been ridiculous for a while by LilJC · · Score: 2, Insightful
    Do SCO really think people will pay this? Or do they have a 'long term strategy plan'?

    I wish the world was perfect enough that this made sense to me. Unfortunately both of your points (while ideal) are wrong. People will pay for this (they already are!) and this is just another phase of their strategy plan they have been milking all year.

    Last I heard, their court date was in 2005. The way I figure it, they have until then to pull this stuff left and right (as they have been). Whatever the company doesn't rake in through "license sales," the execs rake in through insider trading. It's a nasty game, but it's big business. And they are making this long-term, I don't figure it'll stop the day they go to court.

    It's really just tragically ironic how SCO is acting out everything the OS ideals are against while claiming they are entitled to licenses on it.

    --

    The only thing more dangerous than a file named -rf is renaming it -rf\ /
  102. So Where is the FSF on this? by Eric+Damron · · Score: 1

    Isn't it about time that the Free Software Foundation started litigation against SCO?

    SCO ist demanding that some users of a GPL'd work buy a SCO license for that work. This is in complete violation of the GPL and therefore invalidate's SCO's rights to even use that GPL'd work.

    It is my understanding that the FSF has intellectual property claims over many parts of Linux.

    --
    The race isn't always to the swift... but that's the way to bet!
  103. No Linux for home users by hweimer · · Score: 1
    At least home users of Linux can take solace in knowing that they don't have to pay up yet.

    If you take SCO's view seriously, this is completely wrong. Home users may not use Linux at all because they can't get a valid license. Maybe I'm just too paranoid here, but when dubious organizations sue individuals for millions of dollars, you just can't be sure.

    --
    OS Reviews: Free and Open Source Software
  104. This ends all doubt... by Anita+Coney · · Score: 2, Interesting

    If anyone thought that maybe, just maybe, SCO's claims were valid, you can stop that nonsense. SCO's refusal to take money proves beyond a doubt that they have no case.

    If SCO's claim is valid, then it has every right to either stop the use of its IP or to obtain money from its use. But SCO is claiming that while it has the right to obtain such relief, it chooses not to take it.

    Imagine this press release from Wal-Mart: "The Wal-Mart corporation has decided not prosecute or to impede shoplifters in its stores. Because we are satisfied with those few people who do pay, we see no need to make everyone pay."

    That's EXACTLY what SCO is arguing. That because some people pay for using its IP, the vast majority of users can have a free ride. If SCO's IP claims are valid, than the basis for not taking money is ludicrous!

    The real reason for the change is because SCO knows it has absolutely no proof to back up its claims against individual users. If SCO followed through with its threats, no one would pay, they'd be exposed as frauds, and they'd become the laughingstock of the tech world.

    --
    If someone says he and his monkey have nothing to hide, they almost certainly do.
    1. Re:This ends all doubt... by Anonymous Coward · · Score: 0

      "If SCO followed through with its threats, no one would pay, they'd be exposed as frauds, and they'd become the laughingstock of the tech world."

      they already are.

    2. Re:This ends all doubt... by Anita+Coney · · Score: 1

      I knew someone would point that error out. That's what I get for not reading before I click "Submit"!

      --
      If someone says he and his monkey have nothing to hide, they almost certainly do.
  105. fee increases to $1399 Nov 1 by peter303 · · Score: 1, Informative

    $699 is just a "promotional discount" according to sco.com

  106. The REAL reason for the announcement by whoever57 · · Score: 1

    It's a PR move:
    1. No (or almost no) small business were going to buy a license anyway.
    2. Some small businesses will think that they can hedge their bets by writing in. They don't commit themselves, they don't have to pay anything now, but they do "lock in" the lower rate if they ever have to buy. They may think of it as free insurance.
    3. SCO will trumpet the large number of small businesses that have written in.

    There must be many small businesses with both SCO and Linux installations, perhaps those SCO resellers will advise their clients to write in "just in case"

    --
    The real "Libtards" are the Libertarians!
  107. Re:Abolish copyright, and no problem. by BizidyDizidy · · Score: 1

    Wow, good "insight". Do you think copyrights themselves don't cause the employment of people?

    --
    The safest way to approach lava is to have another person with you and he goes first.
  108. I'm worried by theolein · · Score: 1

    After reading this latest round of SCO wierdness I'm beginning to worry if the disease that afflicts their minds is contagious. It sounds like a scary form of paranoid schizophrenia. Perhaps a good mental health professional could help.

  109. Pay Up? by Exousia · · Score: 1

    "At least home users of Linux can take solace in knowing that they don't have to pay up yet."

    Yet? This announcement from SCO Group is irrelevant to the question of whether *anyone* will have to "pay up", "yet" or otherwise.

    --

    --Slashdot: News for Turds. Stuff that Splatters.
  110. SCO claims: Code is no longer the issue by bstadil · · Score: 1
    Read this amusing The dog ate my Discoveries signed by Orin Hatch's Son claiming SCO need more time as the issue now is not code but "Way's of doing things"

    --
    Help fight continental drift.
  111. I give up... by UnixRawks · · Score: 1

    That's it, I give up. I will be writing my own OS, Linosxwinbedosolarpuxcementxperient

    --
    I
  112. Can someone second this? by Codifex+Maximus · · Score: 1

    It sure sounds logical.

    If so then mod it up!

    --
    Codifex Maximus ~ In search of... a shorter sig.
    1. Re:Can someone second this? by Anonymous Coward · · Score: 0

      Yeah, it's logical, so you can be damn sure that SCO won't think it applies to them. Daryl's been quoted saying that even though SCO is delaying in the IBM court case, he is under the mistaken impression that they will collect $1 billion a week from IBM in damages.

      Heh, a few days ago SCO asked for a 1 week delay, guess they figured they needed an extra billion.

    2. Re:Can someone second this? by Anonymous Coward · · Score: 0

      Yes, that is exactly correct. I am surprised that more people haven't commented about this. I brought it up months ago but nary a comment.

  113. Linux on SCO FTP by Anonymous Coward · · Score: 0

    Why would SCO continue to distribute linux off of their FTP site? I know that we think that they're crazy and dumb, but you know someone over there gets paid to read Slashdot (or, if you think that's too arrogant of us, someone MUST have pointed it out elsewhere). It's been remarked often that they continue to distribute it. Why would they bother? Is there still some contractual obligation on their part to do it?

  114. So when... by Rohan427 · · Score: 1

    ...is Linus going to start charging SCO $6,990 for each Linux license?

    PGA

  115. What's next? by Zone5 · · Score: 1

    I suppose next I can plan to have SCO rifle through my wallet while deciding whether or not I am cool enough to get in the doors at Club 54?

    --
    "So on one hand, honey is an amazingly sophisticated and efficient food source. On the other hand it's bee backwash."
  116. The value of a piece of paper by FIGJAM · · Score: 1

    Not condoning SCO's activities but people buy pieces of paper in the form of stocks and bonds, or insurance, etc all the time.

    It's what you get for that piece of paper that counts.

    --
    Do your best, hope for the best, suspect the worst.
  117. According to USPS... by dcavanaugh · · Score: 1

    "It's only mail fraud if you bill someone for something that you're not allowed to bill them for/never sent."

    Maybe not. According to the US Postal Inspection Service:

    "Postal Inspectors investigate any crime in which the U.S. Mail is used to further a scheme, whether it originated in the mail, by telephone or on the Internet. The use of the U.S. Mail is what makes it a mail fraud issue. "

    Of course, this is not a quote or an interpretation of federal law, but to me it looks like the SCO scheme would fit the USPS description of fraud. No matter what communications method they used (internet, phone, mail), there is some corresponding fraud issue for them to worry about. I seriously doubt that anything short of criminal prosecution would convince SCO to hold back on the invoices.

    As others have suggested, the "license" would have to be worded more like insurance, so as to dance around the GPL copyright infringement issue. The invoices could be interpreted as a "protection" scam, especially if SCO loses (meaning they had nothing to sell all along).

  118. Even Windows id better than linux. by Anonymous Coward · · Score: 0

    That's right all you diry smelly linux hippies.

  119. Re:My Guess - It's tough to License a big company by mykepredko · · Score: 1

    Sigh. I somehow keep putting in comments regarding how hard it is to negotiate a license. I guess I've been really scarred lately doing contracts.

    In any case, when I first read this, I thought that the reason why the Fortune 1k (top 1024) companies licenses would be negotiated first is because they will be the most difficult and any changes that are required to the basic license will be made here before it is passed down the food chain.

    What's going to be really interesting is to see how they prove that their code is theirs (since they haven't done this publicly yet, to the best of my knowledge) and how they are going to word their support of *ix. They're probably asking megabucks for licenses and no buyer in a top 1k company is going to pay for a license without guarantees backed up by support (regardless of what the propeller heads say).

    myke

  120. I made money off of them by genevaroth · · Score: 1

    I bought some stocks from them at 8 and sold at 15. took the profits and bought a new IBM PC

  121. This makes financial sense for them... by silicon+not+in+the+v · · Score: 1

    in their usual psycho, extortion way. If they really sold licenses to the individual activists who want to buy one license as evidence to sue them for fraud, they would have a legal battle on their hands with only $699 to show for it. (Actually there would probably be a hundred or so people who would do this, all wanting to be the one to file the first suit.) If they only open it up to big, rich companies, there are enough computers to be licensed that SCO will bring in tons of money in exchange for giving out the fraud evidence and make it worth their while. That is not to mention a few other companies who probably will just pay it to make the problem go away, thereby stuffing SCO's pockets even more.

    From a legitimate business perspective, it would be OK for any company in this situation to PURSUE big companies first to purchase a license, because that just makes sense from a revenue/effort ratio--it costs them to pursue people. But to only ALLOW big companies to purchase and to PREVENT individuals from purchasing, something is wrong. When people are holding out money for them to take, and they are refusing, it's obviously shady.

    --
    We may experience some slight turbulence and then...explode. -Capt. Mal Reynolds
  122. This is just... by pjrc · · Score: 2, Interesting
    ... a ruse to avoid admitting that NOBODY is going to have to pay the license fee to SCO. They can't admit this in the press, because their inflated stock price is based on hopes that SCO will eventually extract license fees. This way, they can keep up the public image to investors. But they're not going to send invoices to anyone (not even the Fortune 1000 companies) and they're not going to sell any licenses.

    Why not? Because Red Hat stands a very good chance of raining on this whole parade. Red Hat claims the "actual contraversy" is SCO's public statements, SCO's 1500 threatening letters, and this licensing program. The license is pretty damning for SCO, since they're supposedly selling the rights to use SCO's (unspecified) IP and not be sued.

    SCO can't afford to sell ANY licenses, because of the Red Hat suit. But they can't publically admit they won't sell licenses, because everyone who's big their valuation up believe they may have a shot at someday taxing all Linux installations. Reversing course would likely be seen as an admission they may not ever get licensing. So instead, they claim they're only going after the big fish... and of course they won't actually do it, just blow a lot of hot air (what they've been doing all along).

    To the many individual who've called their bluff and attempted to buy licenses, bravo. SCO's options are shrinking ever smaller.

  123. Re:Be consistent by pmz · · Score: 2, Funny


    Are you saying the meat for my penguinburger was hunted down and slaughterd?!? Poor poor penguins wrought from their families in Antarctica to make my belly full. Oh tasty penguin, can you ever forgive me?

  124. Deep Pockets... by dcmeserve · · Score: 1
    It doesn't always pay to have deep pockets.

    I think that applies *anytime* someone is calling your pockets "deep".

    --
    "Orthodoxy is unconsciousness" - Orwell
  125. hey, nifty! by ed.han · · Score: 1

    nice to see that the media still assembles quotes the way i remember being taught...

    seriously, though:

    while i don't doubt that's true of your clients (since, you know, you're the guy who would know), my question is of what percentage of such businesses are your clients representative? i wouldn't think it was a majority, but i approach this from a position of ignorance.

    ed

    1. Re:hey, nifty! by tonyl · · Score: 1

      Well, I don't know what percentage they represent, but I can tell you that they are a true cross-section. I'm not a vertical market reseller, so my client base covers a lot of ground.

      I don't think most small business know much about their computer systems. I don't think they read any of the things we read, so would have no reason to notice this lawsuit.

      It's not ignorance, and I am NOT calling them "stupid": they have other concerns. Computers are just tools that they use. Do you know who made the carburetor in your car? How about the gas tank? Your mechanic probably does, but most of us don't care, and most small businesses don't either.

      Now VERY small business, and larger business are a different story, of course. The very small business usually needs to be more intimate with their computers, and the larger business has more reason to be concerned with them.

      A couple of my clients read here regularly. Of course THEY know what OSes they are running..

      --
      -- Tony Lawrence
    2. Re:hey, nifty! by buzzonga · · Score: 1

      That sure is true, Perl certainly befuddles me to no end but I do know what it is running on. It will be unfortunate for some of us when SCO fails and entire enterprise software systems eventually have to be replace.

  126. The insiders having been selling all along by Anonymous Coward · · Score: 0

    Several insiders have been selling their shares for months. Their only purchases have been through exercising options at well below the current price. In most cases, the shares purchased with those options have been immediately sold. I don't get the impression that they have any confidence in SCO's longterm prospects.

  127. Where's the PROOF?!?? by Dan+Yocum · · Score: 1
    Have you all forgotten that SCO has yet to provide any PROOF that Linux has infringed on their IP?!?? Until that has been proven, SCOs actions can be interpreted as RACKETEERING! Until the proof is layed out NO ONE SHOULD PAY A RED CENT!


    Jeez! Get smart, people!

  128. Close... you can have a cigar anyways by Anonymous Coward · · Score: 0

    What I think is that by going after large companies,
    they can file lawsuits in Utah against these companies
    and get their extortion money from these companies.
    A large company would be better off paying the $699 instead
    of flying a legal team to Utah to handle a suit.
    However, if they go after individuals, they would either
    have to go after people/companies that have some business
    presence in Utah or file in that person's home state.
    Filing a lawsuit against a little company in Utah wouldn't look
    good in the newspapers and it costs too much to fly
    a legal team any distance just to collect the $699.
    Very simply, it wouldn't be cost effective to go after
    anybody who has no presence in Utah but very easy to force
    others to cower if they do have a business presence
    in Utah (as almost all the big companies do).

    Since I didn't log in, I'm sure nobody will read this though
    and be deleted before it gets archived.

  129. Strategy of threat by shark55fin · · Score: 1

    What most people seem to miss is sco's ultimate goals and the strategy to achieve them. The easiest goal to achieve is to delay the spread of linux. A goal that is central to m$ strategy for maintaining its desktop monopoly. So they have common purpose. Note m$ purchase of a sco license as a excuse to fund the litigation. Note sco's purchase recently of m$ technology. Sco will need to file financial information by the end of the year. So they work out a "deal" with a front company for $50 million to make the books look good. Otherwise the the stock price would dive. Anyone else see the spector of the enron gambit occuring? The next goal is to avoid going to court at all cost. While they can delay they won't be able to prevent a civil court case from redhat from occuring. Read PJ's analysis of sco's attempt to delay on groklaw to understand how todays intention to go after fortune 1000 companies seals that fate. Redhat no doubt will alert its fortune 1000 customers.

    What is also interesting is that after "discussions" with sgi last week, sco decided not to revoke sgi's unix license in exchange for sgi not bringing a suit. This is my best guess as to what happened. Sgi is a company that intends to stay in business while sco does not. During sgi's audit of both unix and linux kernel code, sgi showed that sco had a very weak case and that to pursue a weak case over 200 lines of code would not help them in there ibm or redhat law suite. It just wasn't worth it for sco to push the issue.

    I'm happy sco will be attempting to charge big companies for a license from sco on copyrighted property that sco refuses to prove it owns. It opens up so many more avenues for counter suites, fraud charges and SEC inquires. This is a great time to be alive!

    1. Re:Strategy of threat by frkiii · · Score: 1

      If the code is actually copyrighted by SCO, which, if my recall is correct, they only have one "registered" Unix related copyright, and that registration happened mid this year.

      Maybe someone should smack SCO with a "reverse copyright infringement" case? Similar to Red Hat.

      SCO just put their foot in their mouth again, by stating "Fortune 1000" companies. If any one of those companies that uses Linux, decides to call SCO's bluff, we could have another Red Hat type suit. Fortune 1000 company says "I do not use any of your intellectual property, I use Linux. If you persist, you will be hearing from our lawyers". That would probably end SCO's attempt to sell a "license" to that particular company.

      However, if SCO "persists", another Red Hat type, but not exactly the same, suit would follow, I am certain.

      I expect there will be a number of instances of both above scenarios before the "SCO Show" is over.

      Regards,

      Fredrick

  130. did i miss something? by jason.mitchell · · Score: 1

    Did I miss something? ..Did SCO win the rights to start charging for something they don't own? Fucking theives.

  131. Home users? by Baloo+Ursidae · · Score: 1

    Home users don't have to pay up yet? That's not what my license says. Nobody has to pay up. SCO is smoking crack.

    --
    Help us build a better map!
  132. SCO should stand for Some Crazy Oafs by Viduliya · · Score: 1

    If they think that I am going to EVER buy a licence for Linux from them, then they have to be nothing less than CRAZY! Why is SCO still alive? Must be something very wrong with the legal system to let this sort of thing go on this long.

  133. Re:And you are, and you say this your source becau by spitzak · · Score: 1

    SCO does not have to GPL their code. They only need to identify and prove what portion of Linux is their copyrighted code, that was either mistakenly or fraudently inserted into Linux, and it will be removed.

    SCO has NO intention of "fighting the GPL in court". The GPL is the only reason they have any rights to redistribute or work on Linux in the first place. Nobody in the world wants to "defeat" the GPL because that either means they have less rights to the code, or conversely that copyrighting anything is illegal.

  134. Anti-competitive by ikekrull · · Score: 1

    Hang on a second.

    SCO has a self-confessed monopoly on the ability to sell fake Linux licenses.

    As such, surely it is bound by the various anti-trust laws that prevent it from doing exactly this. ('Oh no you can't buy one, only our Fortune 1000 buddies can')

    If it is going to sell it's product, it has to make it available to everyone under the same terms (volume discounts might apply to Fortune 1000 companies, but thats about it).

    Someone better call the US DOJ and get them to crack down on these abusers of monopoly power.

    --
    I gots ta ding a ding dang my dang a long ling long
  135. Economics vs. Technology by egork · · Score: 1

    Number of people who own the shares is limited, the more publicity SCO gets, the more people know about it. Likely the percentage of the people which are inclined to buy such shares is not getting down fast enough to keep the absolute number of such people from raising. That means, the demand is raising and so does the share price.

    It goes so untill there comes new information that affect the named percentage drastically.

    So in a short term (in regard to information inflow), publicity pushes the price high.

    Now would that be technological or economical description of the situation?

    There are many people who work in investment banks and have natural sciences background. Only there are others as well, and that could be very educated to take their reaction in account.

  136. Here is that information by DaEMoN128 · · Score: 1

    SCO is offering introductory, promotion pricing until October 1, 2003. Customers who are interested in purchasing the SCO IP license for Linux should contact their SCO sales representative or call SCO at 1-800 726-8649 for further information.

    The introductory, promotional pricing available until October 1, 2003 is as follows:

    A client license for a single user desktop system is $199.
    A single CPU, embedded device is $32.
    Server Licenses
    RTU SCO IP in a Linux Distribution

    Promotional License Fee
    With 1 CPU
    $699
    With 2 CPUs
    $1,149
    With 4 CPUs
    $2,499
    With 8 CPUs
    $4,999
    Each Additional CPU
    $749

    I got that from here

    --
    Stop signs are only Suggestions
  137. We should blanket mail em.... by ArtisteTerroriste · · Score: 1

    Individuals & companies should blanket mail something along the lines of this. Note the inclusion of Red Hat (just to record that a RH user feels effected).

    Send it certified reciept, and if SCO should actually sue you, hand a copy to the judge as proof of your prior good faith attempts. If SCO sues me, in a case that small this should carry significant weight.

    Someone can certainly improve on my letter.

    If everyone formally requests to purchase a SCO license (which they obviously don't ACTUALLY want to sell) they will either have to shut up or offer. If they offer, I think they know they are digging their holes deeper.

    October 22nd, 2003

    Your Name -or- Company
    Your Address
    Your City, Your State, Your Zip


    The SCO Group
    355 South 520 West, Suite 100
    Lindon, Utah 84042


    The SCO Group,

    I am an individual who currently uses Red Hat Linux on three single processor machines in my home. According to many public statements made by The SCO Group, Linux contains SCO intellectual property and I'm required to purchase three licenses from The SCO Group at an introductory price of $699.00 or face possible future litigation.

    I have learned of statements made by Blake Stowell of The SCO Group that SCO is only accepting purchases from "Fortune 1000" companies. I am not a "Fortune 1000" company and my payments will not be accepted by The SCO Group.

    Therefore I assume my three Linux installations do not require a SCO Group license, and by refusing my payments The SCO Group is granting me rights to execute it's alleged proprietary code on my computers free of charge.

    If my assumptions are incorrect, and I require SCO Group licenses please mail me an order form and a copy of your Linux License user agreement post haste for my review.

    This is my attempt to act in good faith with The SCO Group regarding SCO Linux Licensing. In the absence of a reply I will continue to consider the issue resolved.

    Sincerely,
    Your Name

    Certified Mail #: xxxxxxxxxxxx

  138. hoardes? by jratcliffe · · Score: 1

    I presume you mean hordes, as in enormous numbers (e.g. the Mongol Horde), not hoards, as in enormous caches of something stashed away (e.g. hoarding canned goods after the nuclear apocalypse). Hoardes just isn't a word. Is spellchecking the story description _really_ that hard?

    1. Re:hoardes? by FRAKK2 · · Score: 0

      get a life...jesus single i bet.

    2. Re:hoardes? by cdunworth · · Score: 1

      I meant "hordes", but accidentally conflated it with "hoards". Was it _really_ necessary to be a prick about it? Mistakes happen.

  139. Hmm, how much does it cost, by Idou · · Score: 1

    to do absolutely nothing?

    The companies that are REALLY clueless don't even know what SCO is or if they are running Linux. They are completely reactionary and will simply wait until they are sued to worry about SCO.

    The companies that are smart will know that SCO is going up again the likes of IBM with completely baseless claims (why do they not show at least ONE infringing part of the code!? That would CERTAINLY help their case and help convince people they are not completely full of . . ., at the cost of having only that ONE freaking part taken out by the hackers).

    I don't think SCO has much of a niche market, since I pretty much covered everyone (except MS and SUN, which are just mean and whacked, respectively).

    --
    Sdelat' Ameriku velikoy Snova!
  140. You'll pry my Linux from my cold dead hands by raider_red · · Score: 1

    I'd like to see them try to collect from the individual users. Apart from the fact that most of us don't have enough money, any effort to pry it away from us could have disastrous consequences.

    --
    It's good to use your head, but not as a battering ram.
  141. Maybe... by iriles · · Score: 1

    SCO doesn't really want people to pay the license fee.

    The licensing fee is just a propaganda trick to drive up stock prices and to strengthen their monetary claim against IBM. SCO can't seriously believe anyone is stupid enough to actually pay. However there are a lot of stupid people out there. So, when calls started coming in asking about this licensing fee, SCO realized that they weren't equipped to deal with accepting fees. So the new policy is to say that they're only accepting money from corporations large enough to make it worth their time.

    That's my guess.

  142. Ok. I have a plan. by codefungus · · Score: 1

    This is what someone needs to do. Say, IBM needs to accuse Microsoft of putting it's code into Windows...then refuse to show it. That way, everyone will know it's totally bogus, and some real resolution will come out and IBM will have to poney up, but not that much. And a precedent will be set on how to deal with SCO. Just need some kind of catalyst.

    --
    -- A cat is no trade for integrity!
  143. "Don't have to".... by Anonymous Coward · · Score: 0

    No one should pay SCO a cent if they want Linux to succeed. If they do have money to burn, they should burn it somewhere else instead of giving to
    SCO's litigation pyramid scheme. It's as simple as that.

  144. SCO Can't Afford To Fight by MuParadigm · · Score: 1


    SCO will be lucky if that $50 mil. PIPE infusion from Bay Star lasts them long enough to go to trial with IBM. They can try to FUD some companies into buying a license for "SCO IP in Linux" or whatever they're calling it now, but I assume most companies - yes, even the Fortune 1K - will ignore them.

    Whether or not SCO needs to show these companies the allegedly infringing code to close a sale is a moot point. Most of these companies will laugh at SCO for threatening them with legal action. SCO has about $50 million in cash, and is already involved in legal suits with IBM and Red Hat. Would you take them seriously?

    I mean, SCO's like a 5' tall, skinny retard with anger management problems who, already having picked a fight with the two 7' tall, 300 lb. mercenaries in the bar, starts jumping up and down between fisticuffs, points at you, and shouts "You're next, dude! I'm coming after you next!"

    Riiight. Whatever, dude.

  145. My Grandad by rixstep · · Score: 1

    My grandad was in Lindon ages ago. He wandered into SCO HQ - he didn't have an appointment there, he was just looking for a toilet. Thankfully, the receptionist let him use one.

    But on the way out, grandad forgot to take his attache with him. He realised his mistake about half an hour later, and went back to get it, but it was gone.

    Grandad had been working on his own version of Unix. It was all in his attache on printouts. He has more copies, but that's not the point:

    Grandad KNOWS someone from SCO took that attache and used its contents. He KNOWS SCO Unix is a rip-off of his own code.

    On behalf of my grandad, I would therefore like to offer the following:

    As grandad owns the SCO Unix code, and SCO own the Linux code, any home user out there running any distro of Linux today can obtain a lifetime license from grandad by sending him a bottle of Wild Turkey to the address below.

    Thank you.

  146. Can someone clear up GPL for me. by Anonymous Coward · · Score: 0

    If Coca Cola takes an open source program, modifies it to suit the Coca Cola enviroment and then gives it to Coca Cola's consultants or outsource partners (to use), does it means that Coca Cola have to "release" the modifications into the open source community?

    If Coca Cola's consultant or Outsource partners takes an open source program, modifies it to suit the Coca Cola enviroment and then gives it to Coca Cola (to use), does it means that Coca Cola's consultant or Outsource partners have to "release" the modifications into the open source community?

    The problem is the world is moving to a new state where what is internal to a company and what is external to a company is getting harder to define. Taken to the logical extreme, consider a company which has outsourced everything except the board of directors, now how does GPL fits in here. Well considering the board of directors dont write a single line of code.

  147. They'll get my fee... by saffista · · Score: 1

    when they pry it from my cold dead hands!

  148. Doing the math by MarkusQ · · Score: 1

    those who took out short positions at $5 or $10 got screwed

    Or at least they didn't do the math. SCO was a marginally good short at $10, but the ROI wasn't that great (after all, it ties up captial to hold a short position, and that money could be doing something else). At $15 it looks much more tempting, and at $20 it's a sweet deal to short if you can find the shares.

    The problem isn't so much taking advice from slashdot per se (which in this case will likely turn out to have been good), but in taking advice from anyone without running the numbers yourself.

    because those positions don't last forever

    I think you may have shorts confused with puts. Shorts last until you cover them (which, admitedly, you may be forced to do by market conditions if you aren't careful; hence the point about doing the math).

    On the other hand, if you had gone against Slashdot and put your life savings into SCO back in May when the story broke, you would be laughing now.

    If they sold at $20+, sure. But if they're holding, and plan to keep holding? I'd say they should get ready to cry in their beer about life-savings-lost. SCO can't keep this up indefinetly. I say again, do the math.

    -- MarkusQ

  149. MS Shill Rob Enderle contact info by Anonymous Coward · · Score: 0

    Research:
    Rob Enderle
    renderle@enderlegroup.com

    389 Photinia Lane
    San Jose, CA 95127

    (408) 272 8560 Office
    (408) 832 6326 Cell
    (408) 904 5274 Fax

  150. If we think there is SCO code, they've won by dbIII · · Score: 1
    There doesn't actually have to be infringing code for their stock price to go up, and all this pre-trial nonsense to occur, we only have to their claims for that to happen. This is not a technical issue, but a social one - it's not about facts, but emotions.

    We've got to remember that it doesn't have to make sense. The bad side of management has devolved to such a point where the latest managerial fad is to have a "power animal" and think of yourself as a "shaman". It's long been a field ruled more by emotions than facts or planning, or freindships more than ability.

  151. Some better icons... by Cletus+the+yokel · · Score: 1

    Actually I prefer this icon, or this one.

    --
    Wanted: One witty yet thought provoking .sig - Apply here.
    1. Re:Some better icons... by ArtDent · · Score: 1

      Those are good., but I don't think you can get much funnier than this one.

    2. Re:Some better icons... by curtisk · · Score: 1

      Hahaha the shooting themselves in the foot one is good!

      --

      Sehr geehrter Toilettenbenutzer!

  152. Brilliant!!!! by dbc · · Score: 1

    Finally, a coherent plan for dealing with Darl. All we need to do is tip Darl off to the tremendous potential of ING, and he'll buy it to pursue litigation, thus losing lose interest in SCO and Linux. What a marvelous decoy!

  153. All about lawsuits by jefu · · Score: 1
    I think that lawsuits are the key.

    If SCO demands money from all and sundry then all the small linux users could sue them - might not all win, but the lawsuits would drain a pile of SCO's money quickly.

    By saying that the small fish can not pay, even must not pay, they're denying them all the ability to take them to court - they won't have standing to sue as they have no interest.

    Big companies are likely to say "corporate license for $1,000,000? Hmm, it would cost at least that in lawyers fees to fight it (at multi-hundreds of bucks per billable hour that kind of fee doesn't take long) - lets pay up." And thus not sue. So SCO makes money with little legal exposure or risk. (Plus half the people in the big companies they're trying to get money from are probably friends, lovers, fellow-travellers, fellow-conspirators, fellow-[fill-in-the-blankety-blanks] and the like and are all too willing to spend stockholders dollars on their friends in the full expectation that their friends will spend their stockholders dollers on them in return.)

    As usual IAAL,TWAGOSOT (I Aint A Lawyer, Take With A Grain Of Salt Or Three).

  154. Fecking Idiotic Slashdot Editors by Anonymous Coward · · Score: 0

    Why the feck isn't this run with more obvious derision? The subtlety is lost on the idiots who are going to treat SCO's b.s. as legit and considering ponying up for a "license."

    Why not abolish these fecking SCO stories until something authentic happens in the courts or otherwise? Quit serving the SCO p.r. machine you mutha fecking bitches.

  155. goog becuse i did not plan on paying aney how by Dusanyu · · Score: 1

    Sory but evin if SCO expected licance fees from home users i beleve the only thing i would mail them is a big fat Juicy Turd

  156. RE: SCO by daveh_oz · · Score: 1

    As I understand the GPL, the code is in the open for everone to view, modify and use in any form that they want. SCO is therefore as part of the GPL allowed to modify the linux kernel source so that it doesn't contain "suposed" System V code. On the other hand I'd love 2 see all those companies/indicuduals that produce products like apache, mozilla, sendmail, Xfree86, KDE, GNOME, openoffice, webmin and other free products that SCO may have in the Unix distribution and sue SCO for loss of income because they didn't recieve a valid licence for using the code or breaching the terms of the licence. I would love to be part of any class-action against SCO.

  157. It's a classic game... by Anonymous Coward · · Score: 0

    It's a classic game. Introduce something. (Linux licenses.) Then, tell people that they're not "good enough" for their product. Suddenly, everyone and their uncle is *dying* to get one of those "restricted" products. :-P

    Anyone know where I can get one? :)

  158. Anothor possible reason by Anonymous Coward · · Score: 0

    Everyone has come with some great schemes, but it could it be as simple as thier next quartly report having the phrase "Increased sales to Fortune 1000 companies by XX%"

    Just a thought

  159. SCO will never sell these licenses by toolz · · Score: 1

    SCO may be as crazy as a coot with this whole campaign of theirs, but they will never sell a single license for Linux.

    The reason is simple - no matter what they may win or lose in this campaign to drive up their share prices (which is really all that their campaign is about), they cannot risk selling even one license until they are ABSOLUTELY sure that that they will never be sued (and lose) for selling a license for someone else's work.

    A single license sold will *instantly* open them up to a class action case - the number of legitimate copyright-holding authors involved would make any class action lawyer drool helplessly.

    Which is probably why most of the open source authors (who have rightful copyright claims on the stuff SCO is threatening to license) are sitting quiet, waiting for the first verifiable license to be issued.

    That probably includes Linus and more importantly Alan Cox (which explains his persuit of an MBA) ;-)

    --
    You aren't remembered for doing what is expected of you
  160. Reminds me of "History of the World" Mel Brooks by SphynxSR · · Score: 1

    Were Madeline kahn is the queen and needs to pick here escorts. "No, No, No, Yes, No, No, yes....YEEEEESSSSS!" (Not exact. No think of SCO doing that to applications of people trying to give them money.

    --

    I don't suffer from insanity, I enjoy every minute of it.