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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.

59 of 409 comments (clear)

  1. 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 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/
  2. 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 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...

    2. 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."
    3. 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...
    4. 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.

    5. 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
    6. Re:This is getting ridiculous by mickwd · · Score: 2, Funny

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

    7. 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..

  3. 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.
  4. 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 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
    2. 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. 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 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?
  6. $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. ;)

  7. 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 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.

  8. 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 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.
  9. 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.

  10. 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.

  11. 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 (-:

  12. 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 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? :)

    2. 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.

    3. 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.

    4. 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.

  13. 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.
  14. 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?
  15. 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 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.

  16. 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
  17. 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!

  18. 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
  19. Re:Well by BillFarber · · Score: 2, Funny
    It's all a big constiporacie!

    What the Hell is that?

  20. 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....

  21. 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.

  22. 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.

  23. 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.

  24. 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!
  25. 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.

  26. 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"
  27. Re:Be consistent by B3ryllium · · Score: 2, Funny

    Penguins aren't farm animals.

  28. 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

  29. 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"
  30. 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!!!!
  31. 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.

  32. 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
  33. 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\ /
  34. 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
  35. 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.
  36. 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.
  37. 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.

  38. 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?

  39. 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.