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Forbes Examines SCO Subpoenas

z4ce writes "It seems that Daniel Lyons of Forbes just wrote yet another article on the IBM vs. SCO law suit. Now, Daniel seems to seeing SCO for the liars they are. One of the choice quotes include, "What's the point of hassling people who make chips and set-top boxes? Don't ask SCO's top execs. They don't know anything about this stuff, remember?""

81 of 416 comments (clear)

  1. Because... by eurleif · · Score: 4, Funny

    They clearly stole the idea of chips from SCO! Unix ran on chips before Linux!

  2. Argh! by FortKnox · · Score: 4, Insightful

    Man, this SCO crap is getting as bad as when Napster first went under attack. How about we just hear about it once a day until either its settled, one of the parties backs out, or the trial starts.

    Enough speculation, lets quit getting our panties in a bunch until the real meat of the lawsuit comes to life.

    --
    Good quote, too many chars. Seriously, the slashdot 120 char limit sucks!
    1. Re:Argh! by bahamat · · Score: 5, Informative

      How about we just hear about it once a day until either its settled

      I must have missed it, and it's not showing up in the search either. Could you please post a link to today's previous SCO story? No? How about the two from yesterday then? The two from the previous day? Any stories from the 3 days before that? In fact, there have only been 7 stories in the past 14 days. That would be (averaged) one every two days. Are you proposing more SCO stories?

      Have you never looked at your preferences Mr. FortKnox? Do you see that big section entitled "Exclude Stories from the Homepage"? Click Caldera and you'll never have to bother with it again. That's what that feature is for: so you don't have to hear about subjects you don't want and we don't have to hear you complain.

    2. Re:Argh! by aled · · Score: 3, Funny

      Now you tell me! If nobody cares to explain things how I'm supposed to knew? I thought we were supporting SCO! At the least the faq should tell us "SCO bad, Linux good". Next you will try to make me think that Microsoft is the empire of evil or something.

      --

      "I think this line is mostly filler"
    3. Re:Argh! by GreyWolf3000 · · Score: 2, Funny
      Click Caldera and you'll never have to bother with it again.

      Umm, hello...FK didn't say he wanted to stop hearing about SCO. He said he wainted one story per day until something happens. That won't solve his problems at all.

      --
      Slashdot: Where people pretend to be twice as smart as they really are by behaving like children.
    4. Re:Argh! by bahamat · · Score: 2

      There were two yesterday, and more the day before.

      You haven't been paying attention. Look closely at the dates.

      The first one this month was on the 6th.
      Two on the 7th
      One on the 8th
      None on the 9th or 10th.
      One on each of the 11th, 12th, and 13th.

      For the month of October, there were 18 SCO stories, and none twice in one day.

      There has been only one double up in the past six weeks. Please learn to count. Like I said earlier, if you can find more, please post the link because I'd like to read them.

    5. Re:Argh! by Geek+of+Tech · · Score: 2, Funny
      >>> It's been all about these subpoenas lately.

      Slashdot. News for Nerdy Lawyers.

      --
      Stop the Slashdot effect! Don't read the articles!
  3. The tides, they are a-changin' by Space+cowboy · · Score: 3, Interesting


    Excellent - it seems I'm reading more and more critical-of-SCO stuff these days. Just desserts, and all that :-)

    Simon

    --
    Physicists get Hadrons!
    1. Re:The tides, they are a-changin' by orcrist · · Score: 2, Interesting

      Eggplant62 said: A blatant attempt by some big money corporate thugs to take over the finest collaborative work this world has ever seen.

      Then you said: I'm partial to the Bill of Rights, myself.

      I agree the Bill of Rights trumps Linux overall (though it could be argued that Linux enjoys more support than the former, unfortunately) and is a fine piece of work, but collaborative?:

      The Bill of Rights: A BRIEF HISTORY:
      The American Bill of Rights, inspired by Jefferson and drafted by James Madison, was adopted, and in 1791 the Constitution's first ten amendments became the law of the land.
      Additionally, James Madison used "The Virginia Declaration of Rights" as a basis, but he essentially wrote it alone.

      I think it could be argued -- independently of the individual projects' merits -- that many open-source projects are without precedent at least in their collaborative aspects.

      -chris

      --
      San Francisco values: compassion, tolerance, respect, intelligence
  4. Congrats, Forbes by grub · · Score: 5, Interesting


    Stallman's GNU/Linux operating system is not the target of SCO's suit. Linux, the program SCO is targeting, is not an operating system, but only the kernel of the GNU/Linux operating system, which could run using a different kernel.

    It's refreshing to see mainstream media getting it right.

    --
    Trolling is a art,
    1. Re:Congrats, Forbes by eurleif · · Score: 4, Insightful

      Almost right. Should be "Stallman's GNU operating system", since RMS has very little to do with Linux.

    2. Re:Congrats, Forbes by Aardpig · · Score: 5, Insightful

      Stallman's GNU/Linux operating system is not the target of SCO's suit. Linux, the program SCO is targeting, is not an operating system, but only the kernel of the GNU/Linux operating system, which could run using a different kernel.

      Nope, the press is still wrong-headed about this. Firstly, the operating system is not RMS's, although he certainly made valuable contributions toward it. Secondly, if the GNU/Linux operating system were to use a different kernel, then it would be the GNU/XXXXX operating system. This bolsters my impression that RMS is always trying to keep the positive associations of the word 'Linux', while at the same time insisting that the work of Linus et al. is a disposable commodity. Weasel words, if you ask me.

      --
      Tubal-Cain smokes the white owl.
    3. Re:Congrats, Forbes by CaptainCarrot · · Score: 3, Funny

      He'd obviously just finished getting an earful on the subject from RMS over the phone when he wrote that...

      --
      And the brethren went away edified.
    4. Re:Congrats, Forbes by Xenographic · · Score: 3, Insightful

      Blame Stallman, then. As I recall, he refuses to be interviewed by anyone unless they promise to use that terminology in their article...

    5. Re:Congrats, Forbes by FreakinHippie · · Score: 2, Funny

      >>Right - a car without an engine is not a car. Same with OS's

      Wrong. A car without an engine is a car. Just ask Fred Flintstone.

  5. Confusion ... by bigjocker · · Score: 4, Informative

    Stallman says the Boston-based Free Software Foundation, which he founded in 1985, has nothing to do with SCO's lawsuit. "SCO is suing IBM for violating a contract. We don't even know what the contract said. In terms of the resolution of that lawsuit, the Free Software Foundation is entirely uninvolved," he says.

    Stallman's GNU/Linux operating system is not the target of SCO's suit. Linux, the program SCO is targeting, is not an operating system, but only the kernel of the GNU/Linux operating system, which could run using a different kernel.


    This sums it up. SCO is suing IBM for breach of contract, nothing more, nothing less. What dows Linus Torvalds, Richard Stallman et al have to do with this contract? did they sign it?

    Even that Forbes reporter could (kind of) tell the difference between GNU/Linux the OS and Linux the kernel ... how come Caldera, a former distributor, can't?

    --
    Life isn't like a box of chocolates. It's more like a jar of jalapenos. What you do today, might burn your ass tomorrow.
    1. Re:Confusion ... by AuraSeer · · Score: 4, Funny

      Even that Forbes reporter could (kind of) tell the difference between GNU/Linux the OS and Linux the kernel ...

      Of course the reporter could tell the difference, he had just gotten done interviewing RMS. He probably heard "GNU/Linux" a hundred times in ten minutes.

    2. Re:Confusion ... by Cheeko · · Score: 4, Informative

      Well Linus could make sense in that context. As mentioned in the article, as the one overseeing much of the direction Linux takes, he is in a unique position to provide information with regard to IBM's Linux submissions. This could directly impact the lawsuit claiming IBM breached its contract. The rest though, seem like the result of an angry child flailing about for being put in its place.

    3. Re:Confusion ... by Jaywalk · · Score: 4, Insightful
      SCO is suing IBM for breach of contract, nothing more, nothing less. What dows Linus Torvalds, Richard Stallman et al have to do with this contract? did they sign it?
      It has to do with the GPL. As part of their defense, IBM claims that SCO's claims are rubbish from the get-go because SCO distributed Linux under the GPL. If the GPL holds up in court, SCO will have a very hard time blaming IBM for distributing the same code that SCO has been distributing.
      --
      ===== Murphy's Law is recursive. =====
    4. Re:Confusion ... by SmackCrackandPot · · Score: 4, Funny

      This sums it up. SCO is suing IBM for breach of contract, nothing more, nothing less. What dows Linus Torvalds, Richard Stallman et al have to do with this contract? did they sign it?

      Reminds me of a car bumper sticker I once saw:

      "Protected by Mafia Insurance - You hit us, we hit you."

    5. Re:Confusion ... by ntsucks · · Score: 5, Interesting

      This sums it up. SCO is suing IBM for breach of contract, nothing more, nothing less. What dows Linus Torvalds, Richard Stallman et al have to do with this contract? did they sign it?

      Civil litigation is not always about achieving equitible settlement. Its very often about intimidation, marketing, public relations, bragging rights, money, etc. To achieve these goals lawyers regularly entangle as many related entities as possible. Its FUD and intimidation.

      A few years ago I changed jobs. My old employer sued me, my new employer, and a corporate officer of my new employer. They sued with an overly broad interpretation of violating a non-compete clause I had signed with them. (They claimed any other job in computer programming was competing.) They knew they would not win the case and they sued my new employer who did not sign the non-compete contract. In the end the judge rendered summary judgement and dismissed their case. BUT-- Guess what? Mission accomplished. I had to hire a lawyer and go to court. So did my new employer and its officer. Ever try to buy a house when you are being sued? Banks don't like to lend money to people being sued. Now other employees of my old company were scared to leave and my new employer had financial incentive not to hire any more of my former co-workers.

      SCO is undertaking a similar but grander plan. They are doing some discovery, I am sure, but they also want to intimidate Linux developers, waste their time, and cause them to run up legal bills. They want to do the same for Linux companies.
      Thus, providing incentives to "see it there way". It also serves to muddy the public reputation of GNU/Linux itself, its developers, and Linux companies. The later provides a clear marketing reason to pay SCO license fees. All of this also drags out the case, keeping the Linux FUD out there for people to see for a longer period of time. Which of course provides reasons to settle or license up.

      SCO's tatics here are the norm, I would expect more of the same in the future.

      --
      Those who can do. Those who can't sue.
    6. Re:Confusion ... by spottedkangaroo · · Score: 2, Insightful

      Actually, I belive the dump part is happening or has already happened.

      I figure they have to keep pumping no matter how insane so they can claim it wasn't just a pump and dump when the SEC finally comes after them.

      They must continue... or go to jail.

      --
      Imagine if you weren't allowed to use roads because a bus company complained about your driving 3 times. --skunkpussy
    7. Re:Confusion ... by Eggplant62 · · Score: 2, Interesting
      Even that Forbes reporter could (kind of) tell the difference between GNU/Linux the OS and Linux the kernel ... how come Caldera, a former distributor, can't?


      Because the entity that was Caldera spun off and became Tarantella, then Canopy stepped in and bought out the rest of the business, the Linux distribution, the Unix software, and all the successive rights. The clowns at Canopy probably looked at the failing bottom line of what was left of the business, said to themselves, "We gotta stop this hemorrhaging.. *FAST*!!"

      "But how we donna do dat, boss?" I can hear in reply in my mind.

      "We'll call ourselves SCO again, so that people will associate us with all that was good in the Unix world -- BIG BUSINESS!! Then they hired Darl and his pals Sonntag, et alia, and put them to work to come up with a bright idea to salvage some stockholder value outta the whole mess.

      The most creative thing they could think of was a stock pump-and-dump deal and an attempt to rape the world for the software that they created.
  6. SCO content by rootofevil · · Score: 3, Funny

    has been so low lately, i havent had a good laugh in weeks.

    whats wrong daryl? did that iraqi defense minister stop feeding you tips?

    --
    turn up the jukebox and tell me a lie
  7. blah by Leroy_Brown242 · · Score: 5, Funny

    Jeese I'm tired of hearing about SCO.

    I wish Moore's law applied to the speed of lawsuits as well.

    1. Re:blah by mopslik · · Score: 5, Funny

      I wish Moore's law applied to the speed of lawsuits as well.

      Actually, Moore's Law applies to the number of lawsuits today.

  8. Holy shit! by Anonymous Coward · · Score: 5, Funny

    Stallman says the Boston-based Free Software Foundation, which he founded in 1985, has nothing to do with SCO's lawsuit. "SCO is suing IBM for violating a contract. We don't even know what the contract said. In terms of the resolution of that lawsuit, the Free Software Foundation is entirely uninvolved," he says.

    Holy shit! RMS talked to a member of the press and DIDN'T come off looking like a smug, reality-disconnected jackass!

    Truly amazing.

    1. Re:Holy shit! by PolyDwarf · · Score: 2, Funny

      I don't spend my days reading what RMS has said lately

      You don't?
      You do realize this is Slashdot, don't you?

  9. Daniel Lyons ? by Jesrad · · Score: 2, Interesting

    You actually mean Daniel "FSF-are-hitmen and Linux-users-are-religious-fanatics" Lyons ?

    Quite a change in tone ! Oh, well, maybe he's grown as tired of the SCO-IBM case as I am...

    --
    Maybe we deserve this world ?
    1. Re:Daniel Lyons ? by schon · · Score: 5, Funny

      Quite a change in tone !

      Maybe his last cheque from Darl & co. bounced..

    2. Re:Daniel Lyons ? by javaxman · · Score: 2, Interesting

      I'm going to guess two things after reading this latest article by Mr. Lyons :

      1) Daniel had to face some of the criticism generated by his previous articles, and recognize that criticism as legitimate. Maybe one of his editors caught wind of what was going on and had to have a talk with him. While the top brass at Forbes are obviously pro-business, they don't want to be seen as biased or ( worse ) unable to comprehend current technology issues.

      2) He's woken up to the fact that SCO has used him as a mouthpiece in the past, and realized they're trying to do so again. Perhaps he is understandably bitter about that. Good. Maybe he'll be more careful in the future.

      To me, he'll always be the idiot who wrote an article about the FSF's lawyers being hit-men without having actually bothered to understand the GPL or research what the FSF's lawyers do. It's nice to see he can learn, though...

  10. This isnt a desperation move, not to SCOs thinking by j0keralpha · · Score: 5, Interesting

    It would seem to an outside observer that SCO is getting desperate and seeking discovery from anyone they can get their hands on(this is alluded to in the article). Im not sure thats how they are thinking. SCOs logic trail seems to follow two basic paths:

    1. We know there is UNIX code in linux, and we need to bring in as many people as possible to show how fragmented and uncontrolled Linux Development is. This will make the court favor us, as we can show a lack of true orginization on the defendants part (the defendant being Linux, not the legal defendant e.g. IBM).

    2. We have gone on record disclosing that our revenue model is largely based around SCOSource, which is largely based around people paying us for our IP. Ergo, we have to show people that we can win(otherwise we have no IP to charge people for), and to do this we must undermine Linux's Credibility.

    The practical upshot is that the 'buckshot' discovery model is aimed partially at garnering as much information possible (relevant or not) and partially to illustrate to the court that there is no one authoritative 'source' to the problem (thereby undermining the general credibility of linux with the court, making the court more inclined to see it as a dangerous conglomeration of not-necessarily-IP-abiding individuals.)

    I know this is supposition, but like many of the other theories about why SCO is doing what they are doing it fits well in the facts.

  11. Marketing via backlash by Preach+the+Good+Word · · Score: 4, Funny

    This thought occurred to me:

    SCO goes after Linux as a marketing/gain money tool.

    They get hated.

    Opposing SCO becomes popular.

    SCO has just handed people a new marketing tool - oppose/stand up to SCO, get attention, customers, etc.

    Though in reflection, their egregeous approach to an unsubstantiated claim was bound to provoke a backlash. And it was bound to be something that people would take advantage of.

    Did SCO even see this? My guess, no. They're up their in their own little world.

  12. Re:SCO -- looks like a delaying tactic to me by elwinc · · Score: 4, Insightful

    IMHO this is a delaying tactic. IBM is asking SCO to put up or shutup. Now SCO can say "wait until our latest round of discovery; then we'll show you." It's consistent with the theory that SCO doesn't want this thing in court.

    --
    --- Often in error; never in doubt!
  13. SCO = news service? by Anonymous Coward · · Score: 2, Funny

    It seems that SCO is in reality just a service to provide news stories. A really nice written story-generator though, since everybody keeps talking about them. Maybe they have a excellent business consultants...

    greetings,

    Al

  14. Linux hitmen by goombah99 · · Score: 2, Interesting

    His previous article was called the Linux Hitmen and painted the EFF in a really ugly light almost like they were the extortionists not SCO. So its quite a aturn around. or maybe he just hates everyone.

    The article is written in a very casual almost unbussiness-like tone of voice--odd for forbes. I bet it does not make it into the dead-tree edition of forbes read by real bussiness types, so it wont have much impact

    --
    Some drink at the fountain of knowledge. Others just gargle.
    1. Re:Linux hitmen by Euphonious+Coward · · Score: 4, Insightful
      I found Lyons's previous article, about EFF hitmen, to be tongue-in-cheek and quite funny. All the direct quotes in that article made the EFF principals seem like reasonable people. The silly editorial remarks probably were meant to appeal to Forbes editors, some of whom are real whackos, hired by the Chief Whacko himself, Steve Forbes, and the rest of whom know they have to tread lightly around him.

      Lyons is evidently more careful with his facts than most of the reporters we like to count as clueful. Still, it would have been better to credit GNU to the FSF, and not just to Stallman personally.

    2. Re:Linux hitmen by rixstep · · Score: 2, Funny

      it would have been better to credit GNU to the FSF, and not just to Stallman personally

      I am sure RMS did not object. After all, RMS believes he created Linux and even the Internet, when we all know it was Apple, through Al Gore.

  15. How will SCO respond? by Professor+D · · Score: 2
    I'm just waiting for whatever bizarro-world response Duh-rl will have when the press starts asking the right questions.

    Ought to be good for some laughs. Reporters who get pissed off by disinformation tend not to be kind

  16. Because... by clifgriffin · · Score: 2, Funny

    The clearly stole the idea of unix from chips. Chips weren't running linux before SCO!

    Blogzine
    Fortress of Insanity TM

  17. Mr Lyons reports what.... by Camel+Pilot · · Score: 3, Insightful

    Mr Lyons is now sounding like a reporting instead of a puppet (or perhaps a SCO investor).

    The best cut is:

    Oddly enough, on Nov. 11, SCO Executive Vice President Christopher Sontag complained to Forbes about IBM's decision to send subpoenas to investors and analysts who supported SCO. Sontag called the move "an attempt to bully and intimidate" and said IBM was engaged in "legal gamesmanship."

    So why didn't Sontag mention that, uh, SCO itself was about to target Torvalds and Stallman with subpoenas? SCO's spokesman says Sontag and Darl McBride, SCO's chief executive, did not know that SCO's lawyers were planning the move.


    The CEO and Vice-President did not know what their lawyers were up to!? Well I guess it is a clue to who is running the show.

  18. RMS is right by Scholasticus · · Score: 5, Insightful

    "I am concerned about long-term entrenched confusions such as referring to a version of our GNU OS as 'Linux' and thinking that our work on free software was motivated by the ideas associated with 'open source.' These confusions lead users away from the basic issue: their freedom. By comparison, the events involving SCO are transitory and almost trivial," Stallman says.

    I think RMS is making an excellent point here. Though the Linux kernel itself is not trivial, these issues surrounding SCO will in the long run become trivial. I have no doubt that the GPL and therefore software freedom will be upheld in court, even if worse comes to worst with the Linux kernel (however unlikely that is). Yes, SCO is crazy/dangerous, but in the long run they can't really hurt free and open source software.

    1. Re:RMS is right by OECD · · Score: 3, Funny

      I am concerned about long-term entrenched confusions such as referring to a version of our GNU OS as 'Linux'

      Shouldn't that be "GNU/Linux OS"?

      *ducks*

      --
      One man's -1 Flamebait is another man's +5 Funny.
  19. Re:This isnt a desperation move, not to SCOs think by schon · · Score: 5, Funny

    we need to bring in as many people as possible to show how fragmented and uncontrolled Linux Development is .. and to that end, we are going to subpoena people who have nothing to do with Linux kernel development.

    Of course, if you look at it crosseyed enough, it starts to make a little sense.. by bringing to the stand people who have nothing to do with it, you make them seem even more fragmented and uncontrolled...

    "Mr Stallman, let's talk about the Linux kernel code you contributed.."

    "I've never made any contributions to the Linux kernel."

    "Ahh - so then let's talk about the code that you didn't contribute, then."

    "What?!?!"

    "Your Honor, see how fragmented and uncontrolled they are!"

  20. No whining by Alizarin+Erythrosin · · Score: 4, Informative
    I've seen a few posts already about "stop beating the dead horse" (to quote one post).

    If you'll kindly notice, everything SCO has been posted under the "Caldera" icon. So here's how to turn that off, for those that don't want to see any SCO stories anymore.
    1. Go to http://slashdot.org/users.pl?op=edithome
    2. Where it says "Exclude stories from the homepage", middle column ("Topics"), and check Caldera
    3. Scroll down to the bottom of the page (or press ctrl+end, or just end) and click the Save button

    You're done! Now shut the hell up.
    --
    There are only 10 kinds of people in this world... those who understand binary and those who don't
    1. Re:No whining by Hobbex · · Score: 2, Insightful

      I think they can still run the SCO stories, but could they not link to every damn article that Daniel Lyons writes. Like Dvorak before him, he has realized that bating Slashdot is a profitable business.

      (This article is anti-SCO tilted, but only because he was pissed off that SCO used him as a mouthpiece yesterday and didn't tell him they had also sent subpoenas. He is lashing out to tell them: I'll be your mouthpiece, but then I want the scoops when I talk to you.)

  21. In other news... by rmohr02 · · Score: 2, Funny

    ...SCO is now suing Forbes.

  22. Re:preaching to the choir by Camel+Pilot · · Score: 2, Informative

    You can have it your way. Just go to your preferences and select to exclude Caldera stories.

  23. Re:This isnt a desperation move, not to SCOs think by j0keralpha · · Score: 4, Insightful

    More or less dead on. The true target here was never IBM, the target was Linux, and the only way to start targeting Linux as a whole is to target the kernel. Then you move on from there to the GPL (which they've already done). Id be willing to bet most of the discovery targeted at stallman and other G/L people will deal with undermining the GPL, not the kernel itself. This, if successful serves to blow linux as a whole out of the water.

  24. Lyons just trying to _appear_ balanced, maybe? by wa1hco · · Score: 3, Interesting

    I'm not sure David gets it, yet.

    Groklaw.net (IBM's Subpoenas to Analysts and Investors: Why? Why? Why?) points out that IBM's going after the network of analyists and investors, possibly because this whole SCO/Linux thing looks strikingly similar to a pump and dump scheme the Feds have already found.

    Does Lyons need to appear balanced to avoid getting entangled with IBM Subpoenas?

    Notice that this article spends more time than necessary on the differences between Free and Open software. If I was a SCO lawyer with MS interests at heart, I play RMS to really divide the community. It won't work, but will generate useful FUD.

    1. Re:Lyons just trying to _appear_ balanced, maybe? by macrealist · · Score: 2, Interesting

      Yeah, a kind of win the battle, lose the war thing. SCO self destructs, but in the process spreads FUD, starts open/free religous wars, distracts the public enough that MS can launch a (PR) attack on Linux security, and show the business world that a very few linux supporters go too far in their support.

      Each SCO move may seem ludicrous, but don't celebrate their demise too much. So far this thing has been awful for Linux at a time when it should be gaining on Windows (security issues).

      --
      I am living proof of the Peter Principle
  25. Finally Truthfull Headline from SCO by bstadil · · Score: 5, Funny
    The headline from SCO may be a Freudian slip of sorts.

    Press Relaese

    --
    Help fight continental drift.
  26. Great priorities, RMS by IntelliTubbie · · Score: 2, Insightful

    "I am concerned about long-term entrenched confusions such as referring to a version of our GNU OS as 'Linux' and thinking that our work on free software was motivated by the ideas associated with 'open source.' These confusions lead users away from the basic issue: their freedom. By comparison, the events involving SCO are transitory and almost trivial," Stallman says.

    Way to get your priorities straight, Richard -- putting your pet semantics above the users' ability to use your software legally. For the love of god, someone call in ESR! :)

    Cheers,
    IT

    --

    Power corrupts. PowerPoint corrupts absolutely.

  27. Re:Exact wording? by happyfrogcow · · Score: 2

    He also realized that if he writes articles about SCO, he gets tons of traffic to his column. Job Security at it's best for him. From here on out, he could simply write "SCO SCO SCO SCO... IBM IBM IBM IBM. Utah, Darl McBribe visited by aliens. Darl McBribe charges abducters $699," and embed an mp3 of Linus pronouncing Linux, which loops over and over again.

  28. Stallman claims Linux (LOL!) by rxed · · Score: 2, Funny

    Quote from the article: "Stallman's GNU/Linux operating system is not the target of SCO's suit. Linux, the program SCO is targeting, is not an operating system, but only the kernel of the GNU/Linux operating system, which could run using a different kernel".

  29. Change of heart by Camel+Pilot · · Score: 3, Funny

    Sounds like Daniel Lyons sold his SCO stock yesterday...

  30. Isn't it obvious? by adiposity · · Score: 4, Insightful

    Think for just a minute about how SCO claims IBM breached the contract. Remember, they took SCO's code and put it into Linux? Well, whether they actually did or not, or whether the code in question really "belongs" to SCO (under "derived work") is in debate. But Linus, as the person in charge of changes to the kernel, would be in a unique position to comment on whether IBM actually did this.

    As for calling Stallman, it's clearly to deal with the counter-claims re: the GPL, which IBM brought to the table. Certainly Stallman is worth questioning if the GPL is being challenged or used as a point of attack.

    -Dan

  31. Open Letter to SCO, their lawyers, etc. by superdan2k · · Score: 4, Funny

    Dear SCO & Friends,

    I understand what you're going through. As an individual, I went through this back in 2001, when the market tanked and I lost my cushy dot-com gig. A lot of companies went through what you're going through, but most of them had the common decency to go quietly and with dignity, rather than hiring lawyers and trying to take a Scorched Earth approach in a last valiant effort to save themselves. Here's a hint: you're not the Soviet Army and Utah isn't Stalingrad.

    Let's face it -- your goose is cooked. In an attempt to fill your coffers, you have succeeded in the most perfect execution of Operation: Footbullet since the dying gasps of the dot-coms in 2000-2001. Even if you win, you lose -- you have alienated the one group that you needed to hold on to any sort of market share: the geeks. If, by some stroke of magical luck, bought judge, planetary alignment, or guiding hand of Microsoft, you manage to actually pull this off and have the GPL declared null-and-void and you and your puppeteer, Bill Gates (no doubt, elbow deep in your asses, playing ventriloquist), manage to clean house registering patents and copyrights on works you didn't create, you will have only succeeded in enraging those who are responsible for creating those works. Those creators are people who have a say in what gets purchased at their offices, and I'd be willing to bet that it wouldn't be SCO or M$ (should their complicity in this fiasco be shown to be true and not just educated guesswork).

    That said, I'd encourage you to call off the attack dogs. We'll all have a good laugh at your "clever ruse" and share a beer together. Twenty years from now, SCO will be long-gone and irrelevant. God willing, M$ will be gone then, too. And you'll wonder to yourself: what the fuck was I thinking back then?

    Think it over. There's more of us than there are of you, ultimately, we, the consumers, control the future of your business. Do you really want to taunt that 800-lb. gorilla? Do you?

    --
    blog |
  32. SCO issues subpoena to ... Novell by nniillss · · Score: 2, Funny
    Since today is my RTFA day, I came across this nice excerpt: In addition to Torvalds and Stallman, SCO told the U.S. District Court in Utah it would issue subpoenas to ... software maker Novell ...

    Quite possibly, Novell will not be amused. The next logical move by SCO would be to terminate Novell's unix licence. Oh wait...

  33. Re:This isnt a desperation move, not to SCOs think by fishbonez · · Score: 5, Insightful

    The target is money. Plain and simple. SCO will do whatever it can to make money with this sharpened scheme. Originally, the idea was to get bought out by IBM hence the agreement with Boies' law firm granting them ownership in the event of sale. Then the idea was to force IBM to idemnify its customers so it could get a settlement from IBM's insurance company. Now the idea is to avoid actually complying with disclosure and revealing that they don't actually know what code has supposedly been misappropriated. To stall they are sending subpoenas to everyone remotely connected to Linux so they can supply large amounts of useless information to IBM and claim to the court that they are complying with disclosure requests. IANAL but I know one from TV and his name is Matlock.

    --
    Frylock: That's not a toy!
    Master Shake: You say that about everything you own. You should own toys. They're fun.
  34. Re:Exact wording? by bahamat · · Score: 2, Informative

    Here are some links to images of subpoena's found in a Google Image Search. As you can see, there isn't much to it other than "be in court". Unless SCO tells us we won't know until the date of the summons why they've been served.

  35. Re:This isnt a desperation move, not to SCOs think by molarmass192 · · Score: 3, Insightful

    The only problem I see with this is that Torvalds and Stallman, regardless of what people think of them as personalities, are extremely intelligent individuals, not to mention highly methodical. These types rarely "put their foot in it" so to speak. SCO's lawyers, regardless of how intelligent they think they are, are dealing with 2 people that are way above their league in terms of "knowing what they're talking about".

    --

    Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws-Plato
  36. LinuxWorld editor features in the Forbest article by softwareJoe · · Score: 2, Interesting

    LinuxWorld today notes that one of its editors, Brian E. Ferguson, features prominently in the Forbes story. Ferguson authored the savvy analytical article SCO's IP Gamble in the current issue, which, as Forbes notes, concludes that "SCO's case a long shot."

  37. Removed article retrieved from cache. by Anonymous Coward · · Score: 2, Informative

    The SCO Group Closes $50 Million Equity Financing
    Thursday October 16, 5:16 pm ET

    $50 Million Private Investment Transaction Led by BayStar Capital Provides SCO With Funding for Future Software Development, SCOx Web Services Partnerships And Acquisitions, Future Licensing Opportunities and the Protection of the Company's Intellectual Property Assets

    LINDON, Utah, Oct. 16 /PRNewswire-FirstCall/ -- The SCO(R) Group (SCO) (Nasdaq: SCOX - News), the owner of the UNIX operating system, today announced it has received a $50 million private investment led by BayStar Capital, an investment fund that is a leader in providing negotiated private equity placements in publicly traded companies. The investment in SCO was structured as a private placement of non-voting Series A Convertible Preferred Shares, convertible into common equity at a fixed conversion price of $16.93 per share, which was the average closing bid price for the Company's common stock for the five previous trading days prior to the date of closing. Upon conversion, the investors will own an aggregate of approximately 2,953,000 shares of SCO common stock representing 17.5% of the company's outstanding shares.
    (Logo: http://www.newscom.com/cgi-bin/prnh/19990421/SCOLO GO )
    The net proceeds from the private placement, combined with the Company's cash balance reported for its third quarter ended July 31, 2003, will provide the Company with a cash position of approximately $61.0 million. The increase in cash will significantly enhance the overall financial strength of SCO while providing substantial additional funding for business objectives including future UNIX and SCOx Web Services software development, new strategic partnerships, and protection of the Company's UNIX intellectual property and related programs.

    "The momentum in the marketplace continues to shift in SCO's direction," said Darl McBride, president and CEO, The SCO Group. "Over recent months, we have made significant strides forward in our on-going effort to protect and enforce the Company's intellectual property rights through SCOsource. During the same period, we have been steadily strengthening our core operating business, and in the coming weeks, we look forward to providing the industry and Wall Street with additional details on our plans and initiatives. Now, with a $50 million investment from BayStar, we believe we have secured the capital necessary to fund all aspects of the long term growth of this Company."

    "BayStar Capital looks to invest in growth-oriented firms with strong management, substantial market opportunity and solid, comprehensive business plans, and we believe that all of those fundamentals are in place for SCO to succeed," said Lawrence Goldfarb, General Partner, BayStar Capital. "SCO owns the most predominant UNIX software assets in the I.T. industry, has a 20 year history of providing trusted software solutions to end users around the globe, and an aggressive and seasoned management team focused on generating profitable growth."

    SCO will hold a teleconference to address this investment on Friday, October 17 at 12:00 p.m. Eastern time. Participants should dial in 10 minutes prior to the start of the call and dial toll-free 1-800-811-8824 and use the confirmation code 690025. International callers should use the toll number +1-913-981-4903.

    The securities sold in this private placement have not been registered under the Securities Act of 1933 and may not be offered or sold in the United State in the absence of an effective registration statement or exemption from registration requirements. The Company has agreed to file a resale registration statement on Form S-3 within 30 days after the closing of the transaction for the purposes of registering the shares of common stock underlying the shares of Series A preferred stock acquired by BayStar.

    Forward Looking Statements

    This press release contains forward looking statements related to our business plans and objectives and spec

  38. Re:SCO by MuParadigm · · Score: 4, Informative


    Nope, they're going after Andrew Morton, assigned maintainer of the 2.6 kernel and former(?) Digeo employee.

    He's with OSDL now. I'm actually not sure about the "former" part of that statement, as he may be on sabbatical from Digeo.

    Notice how they're not going after Alan Cox or Red Hat in the subpoenas? Looks like Red Hat's suit has given them some protection from SCO predation.

  39. Great quote... by herrvinny · · Score: 2, Informative

    Don't ask SCO's top execs. They don't know anything about this stuff, remember?

    Classic, definitely classic. The mass media is finally catching one. SCO is really going to be backed into a corner now.

    Although, I question if that's a good thing. The Chinese general Sun Tzu once said that you should always leave your enemy a way out, so he does not become desperate and do some lasting damage. Like a animal, it must be shown that it has been defeated fairly, and let go to nurse it's wounds.

    Slightly OT, I know, but would anyone be interested in building an open-source website mocking SCO? I already regged two good domain names, registrations lasting for two years (Which should coincide with the end of this case). What stuff should I put on it?

  40. Top Story by rock_climbing_guy · · Score: 2, Interesting

    Check it out. If you go to forbes.com, this is the story at the top of the page, as opposed to being burried in some tech news link.

    --
    Wh47 d1d j00 541, 31337 15n't t3h r0xor5 ne m0r3???
    1. Re:Top Story by fferreres · · Score: 2, Interesting

      Maybe IBM got a bit upset, and made some calls. After all, they are official sponsors of Forbes "Executive Connection", as anyone visiting forbes can notice (front page) :-)

      --
      unfinished: (adj.)
  41. objective reporting at its finest by akahige · · Score: 2, Informative
    One of the other stories linked in the sidebar -- also by Daniel Lyons -- contains this pithy quote about the community and its reaction to the initial suit:
    Linux geeks howled a bit, but then wrote off SCO as a bunch of sleazebags and went back to playing live-action roleplaying (LARP) games in their mothers' basements, or whatever it is they do when they're not writing device drivers and complaining about clueless end users.
    It's nice to see that a magazine as well-regarded as Forbes takes such pride in objective reporting.

    -----http://www.forbes.com/2003/08/04/cz_dl_0804 linux.html


    1. Re:objective reporting at its finest by herrvinny · · Score: 2, Interesting

      Which part is wrong?

      1. Nope, not the clueless end users. Lots of stuff about that here.

      2. Nope, not the geeks. According to the /. motto, we're all nerds, so it just stands to reason we're geeks too.

      3. SCO is a bunch of sleazebags? Nope, no problem there. We've debated that point endlessly here.

      4. Writing device drivers? I have to say, I haven't written a device driver in some time, but I have one or two stuck in the ol' code library. Next!

      5. LARP games? Nope. Nerds and geeks (I'm repeating myself; see #2) play those.

      6. Basements? Well, I'm on the second floor, if you must know, but it's close enough.

      Final Analysis? Yup, the author's cool with me.

  42. Is this about right? --A taste of reality--. by Anonymous Coward · · Score: 2, Informative

    Is this about right? --A taste of reality--.

    At the bottom is a list of 345 programs, scripts, libraries, and software suites of an average Linux install (minus KDE-sorry). The inux kernel is one suites in what is primary coined linux. Linux is 'just' layer of software between the user and her/his computer. Also many software suites can be added to or subtracted from the kernel giving speed and functionality to drivers, applications and features.

    Most are just as compatible with little to no modification with the Bsd kernels This represents hundreds of thousands of man hours, from a great many men and women from around the world and america is the biggest contributor right now. Most are licenced under the GPL licence which means the orignal authors gave you the right to learn from, to modify alter or change and yes even make money off of their work; if you can. The only condition, release your modifications under the same terms you recieved the code. Many of the authors claim this is a better way to write programs and this just represents the beginning of open source development.

    Microsoft hates this simply because their not (and can't be) the main contributor and like any competitor they can't control it. They hate this because the author's desire was for you to use the code at no cost to yourself. They hate this because it dispells much of the 'magic' which the take so much credit for and gain an extraordinary income from.
    Many of these programs are used by enterprise every day and the number is growing at an exponent. The microsoft myth of linux is a marketing campaign of misinformation designed to coerce an income from you. If you use a computer or any technological device chances are you've depended on some of these suits at one point or another. Proprietary and closed source software can and does exist within the linux environment including for pay desktops and standalone executable movies (more on that later).
    If linux or another supplants Microsofts' operating system, microsoft the software company will go on, but it's monopoly hold on the software industry will come to an end; and with it inappropriate acquistions, the bullying customers and developers alike, and a very long list of wrongs in what this problem child has done within the tech industry as a whole.

    Sco does sell a majority of these suits and continues to do so. Sco has and does derived an income from many of these suites. Their challenge to GPL'ed software is a slap in the face to every contributor and sadly a last resort to substantiate claims of legitimacy over these software package (some of which they helped develop and create).

    Manpages, Glibc, Binutils, GCC, Coreutils, Zlib, Findutils, Gawk, Ncurses, Vim, Bison, Less, Groff, Sed, Flexa, Gettext, Nettools, InetutilsPerl, TexinfoAutoconf, Automake, Bash, File, Libtool, Bzip, Diffutils, Ed, Kbd, Efsprogs, Grep, Grub, Gzip, Manm, Make, Modutils, Patch, Procinfo, Procps, Psmisc, Shadow, Sysklogd, Sysvinit, Tar, Utillinux, LinuxPAM, Shadow, iptables, GnuPG, Tripwire, Vim, Emacs, nano, JOE, ASH, Tcsh, ZSH, OpenSSLc, pcre, popt, slang, FAM, libxml, libxml, libxslt, readline, GMP, GDBM, GLib, GLib, expat, libesmtp, aspell, ispellepa, Guile, slibd, GWrap, LZO, lcms, libjpegb, libpng, libtiff, libungifb, libmng, Imlib, AAlibrc, SVGAlib, DirectFB, Imlib, bc, repgtk, Compface, GPM, Fcron, hdparm, whichandalternatives, UnZip, Zip, PCIUtilities, pkgconfig, cpio, MC, Python, Perlmodules, librep, JSDK, Ruby, GCC, Tcl, Tk, GCC, NASM, PPP, WvDial, DHCPpl, dhcpcdpl, RPPPPoE, cURL, WvStreams, GNet, libsoup, Linkspre, Lynx, wm, NcFTP,OpenSSHpclient, rsyncclient, CVS, Wget, tcpwrappers, portmapbeta, Inetutils, NCPFS, NTP, Traceroutea, Nmap, Whois, BINDUtilities, Nail, Procmail, Fetchmail, Mutti, Pine, slrn, daemontools, ucspitcp, Postfix, qmail, Sendmail, Exim, Qpopper, Courier, BIND, RunningaCVSserver, DHCPpl, Leafnode, OpenSSHprsync, OpenLDAP, Samba, xinetd, BerkeleyDB, BerkeleyDB, MySQLa, PostgreSQL, Apache, PHP, ProFTPDp, XFree, XFreeComponents, FreeType, Fontconfig

  43. hmm by mantera · · Score: 2, Insightful

    Stallman says the Boston-based Free Software Foundation, which he founded in 1985, has nothing to do with SCO's lawsuit. "SCO is suing IBM for violating a contract. We don't even know what the contract said. In terms of the resolution of that lawsuit, the Free Software Foundation is entirely uninvolved," he says.

    i don't know if that's a good position or situation for them to take or if that'd help the case. I mean, i guess it's important that SCO loses the case but then if it's a matter of a contract and what the contract says then maybe IBM might be in trouble if it proves that they've violated a contract regardless of what else. Of course, i think the keyword here is *violated* 'cos i think that what people are angry about is that SCO has not been forthcoming about what violation has happened.

  44. Come on. by Matt2k · · Score: 2, Funny

    There's nothing that frustrates me more than arguing over semantics than people who define their lives by it!

    RMS, RMS, RMS, damn that man to the darkest reaches of hell. Hell as in a place of sufferring, not Hell in the Judeo/Christian sense of the word.

    If I have to hear, hear as in read, one more person explain the difference between free beer and liberated software, or one more time how it should appropriately called GNU/Linux, I swear to god someone is going to pay.

    Seriously, does this guy go OUT OF HIS WAY to frustrate people? How many times does he want to explain his definition of free software? Wouldn't it be simpler to simply come up with a less ambigious term? But OHHH NOOOOOO, why should he compromise?

    I can only imagine the poor people that have to live with this man.

    Wife: Richard! I told you to take out the garbage two hours ago!

    RMS: Dear, that's not <i>garbage</i>, that's.. Uh.. Let's see.. Used Tissues, some coffee grounds, and my old porno rags. Now if you had simply used the proper terms in the first place..

    Wife: Would you just take it out!

    RMS: Look, I'm not even going to speak to you further unless you speak to me in the correct syntax.

    Wife: GODDAMNIT!!!!

    So GREAT. I can't wait to get this guy and a lawyer in the same room. It will be poetic.

  45. I can see the deposition now . . . by llywrch · · Score: 2, Funny

    For the sake of arguement, let's say the transcript runs 100 pages.

    * 1 page, Richard Stallman providing his name, address, current occupation, other identifying material.

    * 18 pages of Stallman explaining what "Free Software" means.

    * 18 pages of Stallman explaining the GNU Public License.

    * 20 pages of Stallman ``correcting" the interlocutor that they are talking about `GNU/linux'"

    * 10 pages of Stallman being shown snippets of Linux kernel code & responding, ``I have no idea; I've never seen this code before."

    * 33 pages of Stallman repeating, ``I don't know; I've never contributed any code to Torvalds' project."

    Geoff

    --
    I think I see a trend here. Maybe for them it really would be easier to muzzle the entire internet than to produce p
  46. Re:Argh! Including original post by bninja_penguin · · Score: 2

    Umm, hello...FK didn't say he wanted to stop hearing about SCO. He said he wainted one story per day until something happens. That won't solve his problems at all.

    I guess this should be to the original post... but it seems to me, if he only wants to hear about SCO once a day, he could,
    1. Quit hitting refresh every few minutes, or
    2. Don't read more than one article about SCO per day!!!
    Jumpin' Jiminy, that's why there is a list of articles with (good or bad) summaries. If you don't want to hear about something more than once, look at the article title, figure out if you want to read it, then, either read it, or don't....

    --
    For those who describe their systems as 'boxen', do you order multiple 'boxen' of corn flakes also?
  47. I'm beginning to envision by sircle_72 · · Score: 2, Funny

    a courtroom, sometime in the *hopefully* near future, where the prosectuor representing SCO is liquored up from Hell to Christmas. (Even his lawyer stench can't disguise the foul odor of a lawsuit so frivolous, so he's been getting as legless as possible to face the jury.) He's calling random defendants to the stand, just so he can laugh at the fact that he got anyone to do something just by telling them to.


    Prosecutor (speech slurred): Yyurr AAh-ner, I-I woo' like ta call... ummm... Roy Jones, Jr. to th'stand. After that, I wanna bring in my ex-wife, that cheatin bitch... and the POPE! Less'see what he has to say for HIM-se'f, hmm? And get MC Hammer in 'ere, too! Anybuddy, who-who wears pants like that has *ss-sumthin'* ta hide. And Bond! James Bond. He owes me a dollar. And for that matter...*voice trailing off as he slumps to the floor*

    Judge: Bailiff, please have this man removed from my courtroom.

    Prosecutor: HEEEeeEEYY! You take yer filthy Linux using fingers offa my suit! Th-This is... is my favorite suit! My wife bought this for me... on my birrrthday!! I'll see you in court, you dirty software pirating, coppee-rite infringin' mother....
    (sounds of a man being dragged away against his will...)

    --
    Sure Bill Gates' hair is fugly, but give his barber some credit! At least he managed to cover the horns on his forehead.
  48. "The GNU stuff" by crucini · · Score: 4, Informative
    The problem is in the label GNU. It makes people assume that Stallman either wrote or played a major role in creating the software. However today's GCC is really Cygnus's EGCS - the original GCC development could not keep up. EGCS embraced a more open, Linux-like development model and thereby outpaced GCC, eventually replacing it. So the name GCC is now a bit of a misnomer - GNU didn't make it, but rather hindered it.

    Read this statement by Ulrich Drepper, glibc maintainer. Among other things, he says:
    I find this completely unacceptable and can assure everybody that I consider none of the code I contributed to glibc (which is quite a lot) to be as part of the GNU project and so a major part of what Stallman claims credit for is simply going away.

    So the bottom line is that GNU, like Microsoft, takes credit for a lot of people's work, sometimes with their complete approval, sometimes against their will. In reality, most of the energy in free software came from Linux and people's desire to get Unixy things working on Linux.

    Oh, and log in so more people see your posts.
  49. Linus and RMS reply to SCO by octalman · · Score: 2, Interesting

    SCO
    Linden, UT

    Re: subpoenas in re Linux and/or GNU software

    Dear SCO-folks,

    All Linux and GNU code, including comments, is freely available to you and anyone else who wishes to see it, and always has been. Every release and every tiny change is there. Likewise, our communications with our fellow developers with respect to these programs has been freely available for years.

    So, what is it you want? You already have access to everything we have on the subject. Just download it like everybody else does.

    And then show us exactly what you claim has been misapproprated from your code.

    Now, go away so we can write some more first class programs.

    Sincerely,
    Tux and The Gnu

  50. GNU is the G in GPL, LGPL and GCC by hughk · · Score: 4, Insightful
    I guess you don't read source code.

    First of all without GNU, there wouldn't have been a GCC and I haven't exactly seen a lot of other choices floating around. There were a *lot* of really crap compilers (every other CS student's undergraduate project) that then seemed to be sold.

    GCC worked because of the GPL. Cygnus did a lot of work on it, but they didn't write it. Drepper, if anything, is only talking about the C library which has changed in major ways over the years. RH are doing a lot of work on GCC, but so are very many other people. Without Stallman's development model and his emphasis on portability in the original design, it wouldn't have happened.

    I did some hacks on GCC many years ago (early 2.x) to fix some issues with a port and whilst a lot of people had contributed - it was clear that structure came from Stallman.

    --
    See my journal, I write things there
    1. Re:GNU is the G in GPL, LGPL and GCC by hughk · · Score: 2, Insightful
      The FSF is a kind of umbrella organisation and GNU is a movement. If you don't want to put the "G" in front, you can choose not to as the original author. However if the project already exists, then usually the original author is often credited with ownership of new modules for copyright purposes, even if the person didn't write them.

      The why is simple. If some 'idiot' rips off my GPLed code, how can I prosecute this if I have to get every contributor to say that they agree that the idiot should go to court.

      The thing is with glibc is that it is a direct offshoot of the original work done on gcc. RMS doesn't throw his weight around about stuff that isn't in his sphere, but there he does. If someone screws-up with glibc licensing, that may mean a big hack on gcc to get it to work with a different library.

      However active Stallman is with gcc now is largely academic. However, it is the basis of all the following work on the GPL.

      --
      See my journal, I write things there
  51. A Fantastic Triumph for Stallman! by gwappo · · Score: 2, Funny
    WOW! RMS not only gets to completely clarify his GNU/Linux nomenclature, he's also got the "Free software" vs. "Open Source" software argument nailed.

    All this in a magazine like Forbes!

    Holy crap and WOW! This might now be adopted by others in the press, and I love the "Linux Operating System Kernel" naming convention as a trade-off.

    Wonderful. Now if only the Nobel committee would consider him and Torvalds for a Nobel Prize for sacrificing much of their lives for the sake of computing humanity's freedom, THEN we'll be getting somewhere.