SCO Letter to Fortune 1500 Now Online

e6003 writes "The text of the extortion letters that SCO sent out in May 2003 to the 1500 largest US companies is now online. Read in all its glory the lies and misconceptions that SCO has about Linux and the kernel development process. Pamela Jones, the proprietor of Groklaw, suggests Linus Torvalds would have a great case for defamation as a result of this letter and subsequent events."

Comments

Hmm...

[Anonymous Coward]

Your ideas are intriguing to me and I wish to subscribe to your newsletter.

Piece of the Moon for Sale

[eurleif]

Is the article link below this. Maybe we can buy it and send to SCO, preferrably out of a school bus window?

Re:Piece of the Moon for Sale

[falcon5768]

why would you EVER want to spend money on SCO, no thank you common schoolyard grade rocks are perfectly fine for putting nasty bumps and gashes on those assholes heads.

The one line that says it all...

[ghideon]

Similar to analogous efforts underway in the music industry, we are prepared to take all actions necessary to stop the ongoing violation of our intellectual property or other rights.

Yeah, that just smacks of credability....

SCO's letter

[Neurotoxic666]

Can anyone please mod the letter SCO sent +5 Funny? ...

Re:SCO's letter

[Anonymous Coward]

Knock yourself out:

***
May 12. 2003

Mr. Lucio A. Noto
Audit Committee Chair
International Business Machines Corporation
New Orchard Road
Armonk, NY 10504

Dear Lucio:

SCO holds the rights to the UNIX operating system software originally licensed by AT&T to approximately 6,000 companies and institutions worldwide (the "UNIX Licenses"). The vast majority of UNIX software used in enterprise applications today is a derivative work of the software originally distributed under our UNIX Licenses. Like you, we have an obligation to our shareholders to protect our intellectual property and other valuable rights.

In recent years, a UNIX-like operating system has emerged and has been distributed in the enterprise marketplace by various software vendors. This system is called Linux. We believe that Linux is, in material part, an unauthorized derivative of UNIX.

As you may know, the development process for Linux has differed substantially from the development process for other enterprise operating systems. Commercial software is built by carefully selected and screened teams of programmers working to build proprietary, secure software. This process is designed to monitor the security and ownership of intellectual property rights associated with the code.

By contrast, much of Linux has been built from contributions by numerous unrelated and unknown software developers, each contributing a small section of code. There is no mechanism inherent in the Linux development process to assure that intellectual property rights, confidentiality or security are protected. The Linux process does not prevent inclusion of code that has been stolen outright; or developed by improper use of proprietary methods and concepts.

Many Linux contributors were originally UNIX developers who had access to UNIX source code distributed by AT&T and were subject to confidentiality agreements, including confidentiality of the methods and concepts involved in software design. We have evidence that portions of UNIX System V software code have been copied into Linux and that additional other portions of UNIX System V software code have been modified and copied into Linux, seemingly for the purposes of obfuscating their original source.

As a consequence of Linux's unrestricted authoring process, it is not surprising that Linux distributors do not warrant the legal integrity of the Linux code provided to customers. Therefore legal liability that may arise from the Linux developments process may also rest with the end user.

We believe that Linux infringes on our UNIX intellectual property and other rights. We intend to aggressively protect and enforce these rights. Consistent with this effort, on March 7, we initiated legal action against IBM for alleged unfair competition and breach of contract with respect to our UNIX rights. This case is pending in Utah Federal District Court. As you are aware, this case has been widely reported and commented upon in the press. If you would like additional information, a copy of the complaint and response may be viewed at our web site at www.sco.com/scosource.

For the reasons explained above, we have also announced the suspension of our own Linux-related activities until the issues surrounding Linux intellectual property and the attendant risks are better understood and properly resolved.

Similar to analogous efforts underway in the music industry, we are prepared to take all actions necessary to stop the ongoing violation of our intellectual property or other rights.

SCO's actions may prove unpopular with those who wish to advance or otherwise benefit from Linux as a free software system for use in enterprise applications. However, our property and contract rights are important and valuable: not only to us, but to every individual and every company whose livelihood depends on the continued viability of intellectual and intangible property rights in a digital age.

Yours truly,

THE SCO GROUP

By: Darl McBride
President and CEO

They must have deleted the part....

[gsdali]

about the demand for virgin sacrifices in front if statues of Mr McBride.

Seriously though, Id I'd received that letter I'd have laughed at it, kind of like I laughed at the plumber who tried to charge me 100 for an alleged adjustment to my shower when he fitted a new boiler. No details of the alleged IP infringements, nothing, but that seems to be their game plan and surely it can't stand up in court if their not prepared to disclose what the problem is.

Re:They must have deleted the part....

[sunwukong]

about the demand for virgin sacrifices in front if statues of Mr McBride.

I believe that's covered when half of /. keels over laughing and the other half chokes on its own bile.

This letter looks like another I've seen

[darnok]

Anyone know if "Darl" is a Nigerian name?

The resemblance is uncanny...

Re:This letter looks like another I've seen

[shrubya]

I think you're referring to this one:

DEAR SIR/MADAM:

I AM MR. DARL MCBRIDE CURRENTLY SERVING AS THE PRESIDENT AND CHIEF EXECUTIVE OFFICER OF THE SCO GROUP, FORMERLY KNOWN AS CALDERA SYSTEMS INTERNATIONAL, IN LINDON, UTAH, UNITED STATES OF AMERICA. I KNOW THIS LETTER MIGHT SURPRISE YOUR BECAUSE WE HAVE HAD NO PREVIOUS COMMUNICATIONS OR BUSINESS DEALINGS BEFORE NOW.

MY ASSOCIATES HAVE RECENTLY MADE CLAIM TO COMPUTER SOFTWARES WORTH AN ESTIMATED $1 BILLION U.S. DOLLARS. I AM WRITING TO YOU IN CONFIDENCE BECAUSE WE URGENTLY REQUIRE YOUR ASSISTANCE TO OBTAIN THESE FUNDS.

IN THE EARLY 1970S THE AMERICAN TELEPHONE AND TELEGRAPH CORPORATION DEVELOPED AT GREAT EXPENSE THE COMPUTER OPERATING SYSTEM SOFTWARE KNOWN AS UNIX. UNFORTUNATELY THE LAWS OF MY COUNTRY PROHIBITED THEM FROM SELLING THESE SOFTWARES AND SO THEIR VALUABLE SOURCE CODES REMAINED PRIVATELY HELD. UNDER A SPECIAL ARRANGEMENT SOME PROGRAMMERS FROM THE CALIFORNIA UNIVERSITY OF BERKELEY DID ADD MORE CODES TO THIS OPERATING SYSTEM, INCREASING ITS VALUE, BUT NOT IN ANY WAY TO DILUTE OR DISPARAGE OUR FULL AND RIGHTFUL OWNERSHIP OF THESE CODES, DESPITE ANY AGREEMENT BETWEEN AMERICAN TELEPHONE AND TELEGRAPH AND THE CALIFORNIA UNIVERSITY OF BERKELEY, WHICH AGREEMENT WE DENY AND DISAVOW.

IN THE YEAR 1984 A CHANGE OF REGIME IN MY COUNTRY ALLOWED THE AMERICAN TELEPHONE AND TELEGRAPH CORPORATION TO MAKE PROFITS FROM THESE SOFTWARES. IN THE YEAR 1990 OWNERSHIP OF THESE SOFTWARES WAS TRANSFERRED TO THE CORPORATION UNIX SYSTEM LABORATORIES. IN THE YEAR 1993 THIS CORPORATION WAS SOLD TO THE CORPORATION NOVELL. IN THE YEAR 1994 SOME EMPLOYEES OF NOVELL FORMED THE CORPORATION CALDERA SYSTEMS INTERNATIONAL, WHICH BEGAN TO DISTRIBUTE AN UPSTART OPERATING SYSTEM KNOWN AS LINUX. IN THE YEAR 1995 NOVELL SOLD THE UNIX SOFTWARE CODES TO SCO. IN THE YEAR 2001 OCCURRED A SEPARATION OF SCO, AND THE SCO BRAND NAME AND UNIX CODES WERE ACQUIRED BY THE CALDERA SYSTEMS INTERNATIONAL, AND IN THE FOLLOWING YEAR THE CALDERA SYSTEMS INTERNATIONAL WAS RENAMED SCO GROUP, OF WHICH I CURRENTLY SERVE AS CHIEF EXECUTIVE OFFICER.

MY ASSOCIATES AND I OF THE SCO GROUP ARE THEREFORE THE FULL AND RIGHTFUL OWNERS OF THE OPERATING SYSTEM SOFTWARES KNOWN AS UNIX. OUR ENGINEERS HAVE DISCOVERED THAT NO FEWER THAN SEVENTY (70) LINES OF OUR VALUABLE AND PROPRIETARY SOURCE CODES HAVE APPEARED IN THE UPSTART OPERATING SYSTEM LINUX. AS YOU CAN PLAINLY SEE, THIS GIVES US A CLAIM ON THE MILLIONS OF LINES OF VALUABLE SOFTWARE CODES WHICH COMPRISE THIS LINUX AND WHICH HAS BEEN SOLD AT GREAT PROFIT TO VERY MANY BUSINESS ENTERPRISES. OUR LEGAL EXPERTS HAVE ADVISED US THAT OUR CONTRIBUTION TO THESE CODES IS WORTH AN ESTIMATED ONE (1) BILLION U.S. DOLLARS.

UNFORTUNATELY WE ARE HAVING DIFFICULTY EXTRACTING OUR FUNDS FROM THESE COMPUTER SOFTWARES. TO THIS EFFECT I HAVE BEEN GIVEN THE MANDATE BY MY COLLEAGUES TO CONTACT YOU AND ASK FOR YOUR ASSISTANCE. WE ARE PREPARED TO SELL YOU A SHARE IN THIS ENTERPRISE, WHICH WILL SOON BE VERY PROFITABLE, THAT WILL GRANT YOU THE RIGHTS TO USE THESE VALUABLE SOFTWARES IN YOUR BUSINESS ENTERPRISE. UNFORTUNATELY WE ARE NOT ABLE AT THIS TIME TO SET A PRICE ON THESE RIGHTS. THEREFORE IT IS OUR RESPECTFUL SUGGESTION, THAT YOU MAY BE IMMEDIATELY A PARTY TO THIS ENTERPRISE, BEFORE OTHERS ACCEPT THESE LUCRATIVE TERMS, THAT YOU SEND US THE NUMBER OF A BANKING ACCOUNT WHERE WE CAN WITHDRAW FUNDS OF A SUITABLE AMOUNT TO GUARANTEE YOUR PARTICIPATION IN THIS ENTERPRISE. AS AN ALTERNATIVE YOU MAY SEND US THE NUMBER AND EXPIRATION DATE OF YOUR MAJOR CREDIT CARD, OR YOU MAY SEND TO US A SIGNED CHECK FROM YOUR BANKING ACCOUNT PAYABLE TO "SCO GROUP" AND WITH THE AMOUNT LEFT BLANK FOR US TO CONVENIENTLY SUPPLY.

KINDLY TREAT THIS REQUEST AS VERY IMPORTANT AND STRICTLY CONFIDENTIAL. I HONESTLY ASSURE YOU THAT THIS TRANSACTION IS 100% LEGAL AND RISK-FREE.

Inevitable slashdotting

[Dav3K]

I wonder if the possible slashdotting of SCO's site due to people reading the letter would also be mis-construed as another DDOS attack by the linux community?

Re:RTFA. The Submitter didn't.

[BrynM]

Could we not have had, before yet again pouring gasoline onto the blazing inferno which is slashdot's collective readership, some input from someone who "IAL"?

"IAL"s aren't slashdotters. Our circular thinking and assumptions based on little data are even too much for them. ;)

Nooo!!!!!!

[mikehunt]

That was really dumb...reading McBride's blackmail letter while drinking a glass of
wine...

Oh well, now I get to see how tough this 20" flat panel really is!

Re:Grammatical errors

[gl4ss]

"i see you are writing a letter to sue ibm, would you also like to extort every fortune 1500 company there is?"

"i see you are trying to buy crack online, may i suggest that you order it by phone instead?"

hmm maybe clippy was first on them that was using crack... let that be a warning for using cracked software!

.

Re:Grammatical errors

[whereiswaldo]

"i see you are trying to buy crack online, may i suggest that you order it by phone instead?"

He knows too much! Throw Clippy in the trunk, boys!

Where's the koolaid?

[MongooseCN]

How long until everyone at SCO drinks from the bowl of Koolaid? I mean, does everyone at SCO believe what Darl & Friends are saying?

Re:Where's the koolaid?

[lurking]

A re-enactment of Jonestown? That would be just too perfect. ;)

Re:Where's the koolaid?

[dmaxwell]

"Reverend Darl, is it really too late? What about Microsoft? What about over at Sun?"

"It's too late my daughter. Even Microsoft and Sun have turned their backs on us. It's too late. This is a cruel and unjust world. We are surrounded by host of hippies. They are all against us. There is not much time my corrupt children. Form orderly lines and drink the potion. We will extort freely in the next world......"

My favourite!

[schon]

The best part is this line, used to describe the kernel developers:

Numerous unrelated and unknown software developers..

I mean, do they think that everybody at Microsoft is releated to each other?

Hmm - come to think of it, this might explain everything - SCO expects all of their employees to be inbred! What they became is the tech equvalent of Deliverance!

Re:My favourite!

[Yebyen]

SCO expects all of their employees to be inbred! What they became is the tech equvalent of Deliverance!

Haven't you met Darl, his brother Darl, his brother Darl, and his other brother Darl?

Re:My favourite!

[m00nun1t]

It is Utah.

Re:My favourite!

[mwa]

I know how to establish a relationship among all those unknown software developers. Get them all to sign their names on a lawsuit against SCO for copyright infringement in violation of their chosen license agreement.

Then they'll all be known and have a relationship and SCO will be satisfied. (If I only had 1 line accepted into the kernel, I'd be suing SCO for a percentage of all their Linux earnings to date.)

Re:Carefully screened?

[Anonymous Coward]

> Commercial software is built by carefully selected and
> screened teams of programmers working to build
> proprietary, secure software

Heh. Diebold.

They STOLE it...

[Anonymous Coward]

... they STOLE the precious... he LIES... nasty tricksey Linux developers... but they're his friends... but they keeps the precious for themselves... but they love Linus... but they stole the precious....

Clippy on crack?

[Prof. Pi]

hmm maybe clippy was first on them that was using crack...

Don't crack users tend to be way too thin due to undereating?

Re:Would somebody please script this?

[davidstrauss]

Isn't there a US white pages on CDROM somewhere?

Why use the white pages when you can use the national do not call list?

Re:ever heard of it?

[nettdata]

Commercial software is built by carefully selected and screened teams of programmers working to build proprietary, secure software... By contrast, much of Linux has been built from contributions by numerous unrelated and unknown software developers, each contributing a small section of code...

Hmmm.... he's obviously never met MY commercial product development team!

Oh.... wait...

Re:No protection of IP?!

[GSloop]

Not only that, but they were duped into distributing the "stolen" code themselves. Oops!

"Damn," Darl is saying ..."where were the lawyers then. They should have warned us that distributing our own source code under the GPL might have some unintended consequenses!"

"We weren't really expected to know what that source code was, were we?"

"I never read contracts either - I'm not supposed to right?"

Sheesh!

Re:Grammatical errors

[fishbowl]

But it seems these bozos even slept through English comp classes. Or maybe their spending so much of their money on lawyers that they can't afford competent secretaries.

Pot, meet kettle.

Speaking of sinking ship

[geekoid]

The only difference between the Titanic and SCO is that the Titanic had paying customers.

Re:I expressly did not say that

[Anonymous Coward]

I know. I wrote the article.

So we're supposed to believe that the Groklaw operator is technically proficient enough to set up a Slash site, but not proficient enough to spend 30 seconds and sign up for an account on slashdot?

Re:Are end users liable at all?

[Wolfier]

>Imagine if Microsoft added some copyrighted code
>to Windows and they didn't license the use of
>that code from the owner. Would the code owner
>be able to sue end users of Windows for license
>payments?

It cannot happen. If MS added some copyrighted code it'll buy the other entity up. :)

Re:Grammatical errors

[Anonymous Coward]

Sincerely,

Darl McBr --

CLIPPY: HI! I noticed you were an asshole! What would you like me to help you with today ... ?

Re:Could Linus sue SCO execs directly?

[Anonymous Coward]

Slow down, Ballmer. you are going to burst a bloodvessel. Eat some turkey amd have a martini.

Re:I tried to give them my money...

[Anonymous Coward]

I reported them to the BSA :)

Re:Bad battle....

[TWX]

"The thing is, it's too late for them to back down. IBM is not going to settle and is not going to drop its counterclaims no matter what SCO does."

There are conceivable things that SCO could do in order to get IBM to drop it's claims, but that stuff isn't legal in Utah, only in Nevada...

Motion to get the hell on with it....

[A1tha1us]

Does anyone else just wish the judge will just turn around and say 'hey your both trying to compel each other to move along faster, and SCO I see wants to try to move on with licencing attempts, so I tell you what, lets get this done right here right now, no more waiting 17 months....' I mean SCO is so 'confident' I'd love to see Darl's face if told his day in court gets to be in a week instead of a year and half...