SCO Responds to OSDL Legal Aid Announcement

Greyfox writes "SCO has issued a response to the earlier OSDL legal aid announcement. Basically the same old story, noting: 'If vendors feel so confident with the intellectual property foundation under their massive contributions into Linux, then they should put their money where their mouth is and protect end users with true vendor-based indemnification.' The release also refers us to their SCOSource web site, which they claim in their announcement shows 'proof' of infringement. I was unable to find any such 'proof' other than their claim that they own errno.h. Since I'm obviously too much of an idiot to find the 'proof' they claim they're showing, maybe someone else could go look and tell me where it is."

Comments

SCO drumming the indemnification drums...

[u-235-sentinel]

"If vendors feel so confident with the intellectual property foundation under their massive contributions into Linux, then they should put their money where their mouth is and protect end users with true vendor-based indemnification," said Darl McBride, president and CEO, The SCO Group, Inc."

::sigh:: This is such a bunch of crap. I called up Microsoft and asked them about this. I'm running XP Pro (for gaming only... honest!) and wanted to know what if SCO started the same crap against Microsoft end users. Will I be indemnified for the use of their product? The answer was of course yes. Ok.. so how much then? If I'm reading the EULA correctly, I'm protected up to the purchase price of the product. So OEM that's what? $100? $150? They were unable to answer my question unfortunately. I think we all know what the answer is however.

"The actions of these vendors today doesn't change the fact that SCO's intellectual property is being found in Linux."

I can see it now. At then end when they are crushed. Daryll will say "Honest... we thought we owned the IP. It's not my fault!" Only thing he could say to try and stay outta jail.

SCO is full of it.

They be very smart

[BubbaTheBarbarian]

The question is why are they so pissed about this and keep asking for indemnification?
Easy answer.
First, it means that they cannot go after small time users. This kicks the legs out from under them, as they cannot build up case history by suing end-users and getting them to surrender (like the RIAA). This means the only thing they can do is go after companies in a vulnerable position, like Google (who in the midst of an IPO would HATE to have the pub of a SCO lawsuit)
Secondly, when a company indemnifies, all of the claims are paid out (most of the time) by it's insurance company. This would give SCO the ability to get money to eternity by suing end-users, have them spin to the company, and the company would pay via it's insurer. This is a brilliant move on OSDL's part. SCO was baiting them to push for the indemnification, but by NOT pushing for it and then getting the ability for end users to defend themselves, they have effectively castrated SCO in at least three strategies.

Re:Not tired of it yet

[vinton]

My theory is that this is yet another golden age of slashdot trolling. Not since Jon Katz was writing regularly could someone get modded up for a post as off-topic, unimaginative, inflammatory, and whiny as "I don't want to read this. You guys suck!".

Depends on where you live

[Kjella]

The paragraphs of such things as e.g. building codes are obviously copyrightable in the US. "The association of a number and its specific meaning in a specific context" sounds pretty much exactly like paragraph numbers and their related meaning.

"Sorry, your building application is rejected under paragraph 14." "Can I get a copy of what paragraph 14 says, so I can correct it?" "No, it is copyrighted, you have to *buy* a copy." "And if I don't want to?"

As for the rest of the conversation, it'll go something like this (adopted from Douglas Adam's The Hitchhiker's Guide to the Galaxy)

"But Mr. Dent, the building code has been available in the government office for the last nine months."
"Oh yes, well, as soon as I heard I went straight round to see them, yesterday afternoon. You hadn't exactly gone out of your way to call attention to them, had you? I mean, like actually telling anybody or anything."
"But the code was on display..."
"On display? I eventually had to go down to the cellar to find them."
"That's the display department."
"With a flashlight."
"Ah, well, the lights had probably gone."
"So had the stairs."
"But look, you found the building code, didn't you?"
"Yes," said Arthur, "yes I did. It was on display on the bottom of a locked filing cabinet stuck in a disused lavatory with a sign on the door saying 'Beware of the Leopard.'"

Even so, while they'll have a much harder time copyrighting error codes, rather than complex building codes, there's no clear precendent you can point to and outright dismiss the claim. It'll be word against word until settled by a judge.

I know they wouldn't be copyrightable here (in Norway). But then again DeCSS is legal here as well. What's that? You claim we're hiding Osama here? Invade? Aiiiiiiiiiiiiiiiiiii!!!!

Kjella