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Novell Releases SCO Letters

cyxs writes "Here is Novell's page with letters that have been sent back and forth between Novell and SCO. Very interesting read."

424 comments

  1. FP! by devphaeton · · Score: 0, Funny

    Hurray!

    As the Stomach Turns, so do the days of our SCO life!

    --


    do() || do_not(); // try();
  2. Next News by OpCode42 · · Score: 4, Funny

    Darl claims that Novell released the letters to them, and sues Novell for copyright violation.

    1. Re:Next News by D-Cypell · · Score: 3, Funny

      Well its an obviously violation of SCO's IPR..

      The letters S, C and O are used many times by Novell, the fact they are seen in different orders and configurations throughout the letter just indicates the effort that Novell have expended to obsfuscate the violation.

    2. Re:Next News by AnonymousNoMore · · Score: 5, Funny

      Novell didn't obfuscate anything. Those are clearly derivative works.

    3. Re:Next News by D-Cypell · · Score: 4, Funny

      I have hundreds of pages of documentation proving you wrong, but im afraid I cant show you them, you will just have to trust me ok?

    4. Re:Next News by Anonymous Coward · · Score: 0

      The word 'obfuscate' is clearly an attempt to mask their use of SCO intellectual property.

  3. Why aren't we done with this? by yukster · · Score: 5, Interesting

    Wasn't SCO supposed to reveal their cards a couple days ago? Haven't seen a lick of news about that... maybe they missed the deadline cuz all the executives have fled to tropical islands without extradition treaties.

    1. Re:Why aren't we done with this? by Moth7 · · Score: 5, Informative

      Or maybe they actually gave the evidence - you don't normally see the huge (or otherwise) dossiers of collected for a trial in media until maybe after the trial as ended. Just because somebody is interested doesn't mean it will change. In fact, it would probably do SCO better to keep it closed so that we can't go grepping through the source tree to find these alleged infringements.

    2. Re:Why aren't we done with this? by lynx_user_abroad · · Score: 2, Insightful
      maybe they missed the deadline cuz all the executives have fled to tropical islands without extradition treaties.

      That's not how it's done anymore. These days an executive will just buy an overly large and overly expensive house in Florida, declare bankruptcy (the house is shielded), sell the house and live off the proceeds.

      --

      The thing about things we don't know is we often don't know we don't know them.

    3. Re:Why aren't we done with this? by Anonymous Coward · · Score: 0

      Why would the executives flee with extradition treaties? Perhaps you would have been better writing :

      all the executives have fled to tropical islands which don't have extradition treaties.

    4. Re:Why aren't we done with this? by gowen · · Score: 5, Informative
      Wasn't SCO supposed to reveal their cards a couple days ago?
      They did have to disclose to IBM. But IBM now have to plough through whats been disclosed before reporting back to judge, who then gets to decide if thats satisfactory. Next court date: 23rd January.

      *Then* we might now.
      --
      Athletic Scholarships to universities make as much sense as academic scholarships to sports teams.
    5. Re:Why aren't we done with this? by cshark · · Score: 1

      My favorite part was the way Novell was "acting on behalf of SCO" in regard to SGI. It's funny.

      --

      This signature has Super Cow Powers

    6. Re:Why aren't we done with this? by MindStalker · · Score: 1

      No your house isn't shielded. You are sheilded from loosing basic assets that allow you to continue to make a living. But while you won't lose your house, if there is any equity in your house, that equity will be pulled out to give to your creditors.

    7. Re:Why aren't we done with this? by sphealey · · Score: 5, Informative
      No your house isn't shielded. You are sheilded from loosing basic assets that allow you to continue to make a living. But while you won't lose your house, if there is any equity in your house, that equity will be pulled out to give to your creditors.
      There is no federal law defining what "basic living quarters" are, so the federal bankruptcy courts defer to state law. In Florida, the dollar figure is something like 5,000,000 USD. That's why all the big Enron dudes bought houses in Florida and transferred their legal place of residence as soon as the poop hit the fan.

      sPh

    8. Re:Why aren't we done with this? by edmudama · · Score: 3, Informative

      Actually, that isn't quite complete, and it varies by state. Most states that have this refer to it as a Homestead act. Every state that has a Homestead act has a dollar limit on the value of the home that may be protected from lawsuit forfeiture.

      I know Colorado has no such act, so you can lose your house in a lawsuit, no matter how small. I believe Arizona has a limit of about $100K on the value of the home protected by their Homestead act, but that is from memory.

      --
      More data, damnit!
    9. Re:Why aren't we done with this? by justsomebody · · Score: 4, Informative

      D-day was 12th, and as SCO said they are gonna keep with the deadline, not sooner not later. But then again they already published what they want from IBM two days early

      IBM must evaluate their response up to 23rd, which is the next court date. And if this isn't saisfactory SCO might get it's case thrown out.

      Possibility of SCO case to get thrown out is not possible in my opinion. At least it wouldn't be a smart move from IBM if they would succed to get this far. This would lead to other possible complaints from SCO side, and state would be far from peace. It would be better for IBM to bleed SCO dry and take over them as the result.

      One response that would throw SCO case out is a list of people entitled to see SCO IP. If they don't name my name (I was entitled too see their kernel which I have freely downloaded from their site), they haven't fully complied with IBM's request as in FULL LIST OF PEOPLE ENTITLED TO SEE SCO IP.

      Second possible case of throwing case out lies in SCO complaints (if they stay at last complaints about header files). As they say in brute: without SCO knowleddge there would be no *X, but then again complaining about defines and constants??? Hell IBM could produce a 5year old child that could write header file, thus where is the IP value if 5year old child can do it?

      --
      Signature Pro version 1.13.2-3 release 83.5 beta3try7 after-breakfast edition
    10. Re:Why aren't we done with this? by telstar · · Score: 1

      Silly logician ... MISreading is MUCH faster than READING!

    11. Re:Why aren't we done with this? by cdrudge · · Score: 4, Informative

      Homesteads are currently protected to an unlimited amount in Florida, but the courts have started to crack down on individuals that move to locations and file bankruptcy to take advantage of bankruptcy laws. The trustee/judge can also force the sale if need be. Length of time in a location, as well as job ties, family, etc come into account. If someone just bought a million dollar home and filed for bankruptcy, the courts would scrutinize over it.

    12. Re:Why aren't we done with this? by Anonymous+Coed · · Score: 2, Funny

      Actually, I believe Texas and Florida are perhaps the only two states that don't limit the value of the house protected by homestead. Which may partially explain why these states are popular places for executive-types to live in giant mansions.

    13. Re:Why aren't we done with this? by jimfrost · · Score: 3, Informative
      I understand that they requested that the response be kept private, and the request was granted. I don't know how much information IBM will be able to give out about it, but for sure you're not going to get it from court records.

      Here is the groklaw story.

      --
      jim frost
      jimf@frostbytes.com
    14. Re:Why aren't we done with this? by Anonymous Coward · · Score: 1, Informative

      Yes, it's past the discovery deadline the judge imposed at the last hearing. SCO's motions will be ruled on next, assuming IBM is satisfied with whatever SCO has done to meet their obligations under the court order.

      However, since IBM does not comment about pending litigation (unlike SCO...) we probably won't here much more about this until the next court hearing (in a week or two? I forget--check groklaw).

    15. Re:Why aren't we done with this? by 110010001000 · · Score: 1, Flamebait

      Made they did give the evidence - and it turned out that SCO has a case! No, that can't be possible in Slashdot-world.

    16. Re:Why aren't we done with this? by drakaan · · Score: 1

      Actually, it's popular for people to live in giant mansions in Texas, because land (and, thereby housing) is cheap. I know *I* was damn happy to find out houses are cheap here ($180k for 3500sq ft some places).

      --
      "Murphy was an optimist" - O'Toole's commentary on Murphy's Law
    17. Re:Why aren't we done with this? by jhines · · Score: 1

      Parts of it are. After a week or two of plumbing, soldering copper pipes, I feel quite confident that nobody can snoop on my water.

      Why? Code. But it is a wonderful, if small and tubular, faraday shield. Now what is needed is long thin secrets.

    18. Re:Why aren't we done with this? by Anonymous Coward · · Score: 0
      His way was just fine. For his sentence to parse the amusing way you wanted, it would be written ...fled without extradition treaties to tropical islands.

      This is why precision matters, and people should take more care in their writing.

    19. Re:Why aren't we done with this? by Anonymous Coward · · Score: 2, Funny

      >as soon as the poop hit the fan.

      Actually, I think the phrase you were looking for was "when the fit hits the shan"....but hey, thats just me, you go right a head with your poop thing. :)

    20. Re:Why aren't we done with this? by Anonymous Coward · · Score: 0

      you could always move to scranton, pa. There, in a carefully selected neighborhood, you could have your 3500 sq ft house for a mere U$D50,000. Been there done that. It was a very nice house. can't speak as well for the town. sold it for U$D23,000, just to get the hell out of there.

    21. Re:Why aren't we done with this? by nickyj · · Score: 1

      Because the stock price still isn't Zero, but it's still going in that direction.

      --
      Causing Chaos Everywhere,
      Nik J.
      The strange world of a loner, in a populous city, drowning in society
    22. Re:Why aren't we done with this? by WNight · · Score: 1

      Go away troll.

      This isn't a Slashdot specific thing, would you believe *anyone* who wanted to charge you for someone else's product and said that they wouldn't actually provide you with proof that they owned it?

      Nobody in the business world thinks this case has any merit. They're trying to raise stock value right? Then why don't they push it through the roof by actually showing damning evidence? Because they don't have it, of course.

    23. Re:Why aren't we done with this? by DickBreath · · Score: 3, Interesting
      If SCO has a case, and there is improper IP in Linux, the following will happen:
      • IBM will be found guilty
      • IBM will pay for damages, $1 Billion (or $3 Billion tripple damages) SCO must prove how much damage they have actually suffered, now how much they wish they had suffered. Wasn't their product already on the decline before IBM even got involved with Linux?
      • SCO has been completely made whole for their damages. Thus they cannot charge end users for any past "damages".
      • The infringing code will be removed from Linux -- thus no future damages.
      • SCO could not pursue end users or distributors for past damages since SCO has not fulfilled their duty to mitigate their damages. In fact they have stated exactly the opposite in public. Darl says he wants the case to drag on for as long as possible, we're racking up extra damages every week. He doesn't want to show the code, because it would be removed from Linux.
      • Even if SCO were to win and all of the above happen.... IBM will continue to countersue SCO for patent infringement going back 20 some years on patents that cover all past, current or future products of Darl and gang and their descendents down to the 10th generation.
      • IBM will still press their counterclaims of GPL infringement by SCO. (IBM has copyright on some code they wrote which IBM licensed anyone including SCO to use under GPL, and which license SCO has violated, thus infringing IBM copyright.)
      • Novell is likely to sue SCO over the fact that SCO does NOT own copyrights to Unix.
      • Red Hat's case will still be heard regarding Red Hat's claims. (Tortious business interference between RH and their customers, Lanham act violations due to SCO's public statements, etc.)
      And that will be the end of this whole fiaSCO. All that will be left of SCO will be a Caldera. (i.e. a smoking hole in the ground.)

      Someone on Groklaw said it best about how SCO has it all backwards...

      • First they (open source crowd) fight you
      • Then they laugh at you
      • Then they ignore you
      • Then you lose (or is that loose, hey this is Slashdot!)
      --

      I'll see your senator, and I'll raise you two judges.
    24. Re:Why aren't we done with this? by DickBreath · · Score: 3, Interesting

      Sorry to reply to my own, but I forgot...

      Due to incorrect, inaccurate SEC filings, and the ensuing SEC investigation into their stock pump and dump scam, Darl and gang will end up behind bars where they belong.

      I hope this answers your question about what happens in the slashdot world if SCO actually did have a case and finally properly answered the discovery requests as they were supposed to have done many months ago.

      --

      I'll see your senator, and I'll raise you two judges.
    25. Re:Why aren't we done with this? by whittrash · · Score: 1

      Can someone enlighten me, as I do not know much about Unix. What is 'SVRX'. This seems to be a piece of property that Novell has strong rights, as SCO has to pay them royalties whenever they use it. It appears this was the basis for the SCO ceetification letter that went out a few days ago.

    26. Re:Why aren't we done with this? by Anonymous Coward · · Score: 0

      Perhaps; but why wait to be sanctioned by a judge before doing so?

    27. Re:Why aren't we done with this? by Anonymous Coward · · Score: 0

      *Then* we might now.

      You didn't finish your sentence.

      Then we might now... what? Eviscerate SCO? Dance in a circle?

    28. Re:Why aren't we done with this? by SoSueMe · · Score: 1

      I prefer the phrase "The defication definitely contacted the rotary oscillator" (The **it really hit the fan).

    29. Re:Why aren't we done with this? by schon · · Score: 1

      Possibility of SCO case to get thrown out is not possible in my opinion.

      I disagree. If the 'evidence' that SCO produces is insufficient, then there's plently of chance of it being thrown out.

      At least it wouldn't be a smart move from IBM if they would succed to get this far.

      Again, I disagree - it would be a great move on IBM's part, because it would put Linux on solid footing again.

      If IBM wants to bleed SCO, they can keep their countersuit alive. It's not dependent upon the SCO case.

    30. Re:Why aren't we done with this? by Ted+Williams'+Frozen · · Score: 1

      SVRx stands for System V Release x. It just means any release of the AT&T System V code base that Novell purchased from USL.

      http://www.unix.org/what_is_unix/history_timelin e. html

    31. Re:Why aren't we done with this? by Anonymous Coward · · Score: 0

      Hey you're right!

      Ice-cream DOES taste better than banana! Wow eye opener!

    32. Re:Why aren't we done with this? by Anonymous Coward · · Score: 0

      With an nice net loss of nearly $30,000, I'd say you're an idiot.

    33. Re:Why aren't we done with this? by danb35 · · Score: 2, Insightful
      Possibility of SCO case to get thrown out is not possible in my opinion.
      Possible, but not very likely. Dismissal is certainly an option for the court as a discovery sanction, but it's a pretty extreme one, and it would need to be done (or at least approved) by the District Judge, not the magistrate who's currently handling the hearings.
      At least it wouldn't be a smart move from IBM if they would succed to get this far. This would lead to other possible complaints from SCO side, and state would be far from peace.
      Disagree, for a couple of reasons. First, dismissing SCO's case would still leave IBM's counterclaims standing (and, in fact, strengthened considerably, since a large part of the basis for those counterclaims is that SCO filed suit without a good reason). By the time IBM's countersuit is over, SCO is likely to be nothing more than a smoking hole in the ground. Second, a dismissal at this stage of the proceedings would almost certainly be with prejudice, which means SCO can't turn around and re-file the same complaint against IBM. A dismissal with prejudice operates as a decision on the merits of the case, which would bar SCO from suing anybody else on these grounds.

      Standard disclaimer: IAAL,BIANYL.

    34. Re:Why aren't we done with this? by Anonymous Coward · · Score: 0

      Only when he bought the house, you've obviously never been to Scranton.

    35. Re:Why aren't we done with this? by drakaan · · Score: 1

      A new one? What part of PA is Scranton in, exactly?

      --
      "Murphy was an optimist" - O'Toole's commentary on Murphy's Law
  4. Awesome by dtfinch · · Score: 2, Funny

    I don't have time to read them now because I'm working, but now I have something extra to look forward to when I get home.

    Novell, the enemy of the enemy of my enemy who is the enemy of my greater enemy, is my friend, I think.

    1. Re:Awesome by Em+Emalb · · Score: 1, Offtopic

      Why? Having trouble sleeping lately?

      danke, I be hea all da veek.

      --
      Sent from your iPad.
    2. Re:Awesome by thrillbert · · Score: 4, Funny

      I don't have time to read them now because I'm working

      You're weird.. if I wasn't at work, I wouldn't even be here...

      ---
      One of the lessons of history is that nothing is often a good thing to do and always a clever thing to say. -- Will Durant

    3. Re:Awesome by Anonymous Coward · · Score: 0, Funny

      Novell, the enemy of the enemy of my enemy who is the enemy of my greater enemy, is my friend, I think.

      Well, if you go 6 enemy levels deep you'll probably wind up at Kevin Bacon.

    4. Re:Awesome by just+some+computer+j · · Score: 1

      Well, this is great bathroom reading, if you had a dozen bran muffins this morning, and a Fibercon for lunch.

      --
      eh, this sucks, I am going back to bed....
    5. Re:Awesome by Anonymous Coward · · Score: 0

      "I don't have time to read them now because I'm working

      You're weird.. if I wasn't at work, I wouldn't even be here...

      ---
      One of the lessons of history is that nothing is often a good thing to do and always a clever thing to say. -- Will Durant"


      Will Durant was right, you are fired.

      your Boss

  5. mirror mirror by stanmann · · Score: 1

    I know it isn't usually kosher to mirror, but 23MB of pdfs is huge vs the 100k of txt that is actually there... or even converted to jpg or tiff.

    --
    Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    1. Re:mirror mirror by tommck · · Score: 1
      Mirror them as text then...

      --
      ---- It puts the lotion on its skin or else it gets the hose again. It does this whenever it's told.
    2. Re:mirror mirror by stanmann · · Score: 1

      I can't even get to them, and I don't have webspace that will stand a slashdotting.

      --
      Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
    3. Re:mirror mirror by lynx_user_abroad · · Score: 3, Informative
      ...23MB of pdfs is huge vs the 100k of txt...

      This is equivalent to saying "you don't need the source, the binary is all you'll ever need." Presumably Novell did this so that if there was something in the letter which wasn't accurately represented by a text-only rendering of the letter, they couldn't be accused of having knowingly stripped that off.

      Besides, some karma-whoring AC[1] will post the text conversion by the time I get this response posted anyway.

      [1] I know, no such beast.

      --

      The thing about things we don't know is we often don't know we don't know them.

    4. Re:mirror mirror by Anonymous Coward · · Score: 0

      Most have already been posted as text under the comments relating to this at Groklaw.

    5. Re:mirror mirror by JThundley · · Score: 1

      bittorrent it my good man! I could try hosting it...

    6. Re:mirror mirror by ender- · · Score: 1

      In case anyone does want the zip file of all the pdf's...click here

      Ender-

    7. Re:mirror mirror by k12linux · · Score: 1

      I doubt very much that a heavy slashdotting will do much to bring the site down anyhow.

    8. Re:mirror mirror by red+floyd · · Score: 2, Informative

      Groklaw's been translating them from PDF and posting them.

      --
      The only reason we have the rights we have is that people just like us died to gain those rights. -- Cheerio Boy
  6. /. Effect by Moth7 · · Score: 1

    It's alright, the story's been up two minutes - we aren't able to read them either way ;-)

    1. Re:/. Effect by Anonymous Coward · · Score: 0

      get xpdf

    2. Re:/. Effect by Anonymous Coward · · Score: 0
      Link "litigious bastards" to www.sco.com on your webpage!


      I have a way better idea. Link to "http://www.sco.com/litigiousbastards", so that the techs looking at that web server's logfiles will get a laugh.

  7. And SCO plays copycat again by Carl · · Score: 4, Informative
    Interesting how quick SCO seems to be able to move when the cat is already out of the bag:

    SCO Purchases Specific Novell Assets

    Wish they were so quick with pointing out what contract/copyright/trade secrets, if any, are actually violated by anybody they accuse of doing so...
    When are the Red Hat and IBM cases scheduled for resolution anyway? This whole thing is going on for far to long. Why does it take so long to resolve these issues through the courts...

    1. Re:And SCO plays copycat again by Anonymous Coward · · Score: 2, Insightful

      Why does it take so long to resolve these issues through the courts...

      Because there more outstanding cases than people in the US.

    2. Re:And SCO plays copycat again by Thagg · · Score: 4, Informative

      Yes -- but while SCO quotes a particular passage from the contract, later on that contract specifically dis-includes the copyright to the Unix source code.

      SCO is basing its claim to copyright on Amendment 2, but it is a tenuous claim at best.

      thad

      --
      I love Mondays. On a Monday, anything is possible.
    3. Re:And SCO plays copycat again by MrHanky · · Score: 1
      Why does it take so long to resolve these issues through the courts...

      Because there more outstanding cases than people in the US.

      But aren't there more lawyers than people in the US as well?
    4. Re:And SCO plays copycat again by red+floyd · · Score: 2, Funny

      Well, I guess that depends on if you count lawyers *as* people.

      I'd assume that most don't.

      --
      The only reason we have the rights we have is that people just like us died to gain those rights. -- Cheerio Boy
    5. Re:And SCO plays copycat again by Frodo420024 · · Score: 1
      When are the Red Hat and IBM cases scheduled for resolution anyway?

      The IBM case tentavely early 2005...

      The RedHat case is wound up in some courtroom. Our ever-informed Pamela Jones (Groklaw.net) made a call recently and found it wsa # 75 in a stack of supposedly equally important civil cases - am not counting on any news for a few weeks.

      Guess we'll have the IBM law team beat up SCO throughtoutly, then RedHat will scrape up the pieces. Finally the IBM countersuit will bury the scraps beyond human hope.

      Best wishes for everyone involved :)

      --
      I'm in a Unix state of mind.
    6. Re:And SCO plays copycat again by canajin56 · · Score: 1

      No, only 1 in 7 US citizins is a lawyer.

      --
      ASCII stupid question, get a stupid ANSI
    7. Re:And SCO plays copycat again by MrHanky · · Score: 1
      No, only 1 in 7 US citizins is a lawyer.

      Sorry, I'd just been sleeping, so my logic circuits were still dreaming of electric sheep. I thought for a minute that since it's a well known fact that American lawyers are rats, and most countries have larger populations of rats than of people, the US would have far more lawyers than people. The logical error is, of course, that the statement "American lawyers are rats" does not lead to that "all rats are American lawyers".

      My apologies to the rats out there.
    8. Re:And SCO plays copycat again by dloflin · · Score: 3, Interesting

      Yes, the claim to copyright of Unix based on Amendment 2 is murky, but it may take teams of lawyers fighting it out to clear up. The Asset Purchase Agreement states that SCO is buying the assets listed in Schedule 1.1 (a), excluding the assets listed in Schedule 1.1 (b). Later Schedule 1.1 (b) was amended by "Amendment 2".

      The gray areas are that Schedule 1.1(a) includes "all rights and ownership of UNIX and UnixWare", then Schedule 1.1(b) excludes "All copyrights and trademarks, except for the trademarks UNIX and UnixWare". They'll fight over whether "all rights" includes "copyrights" - and which takes precedence.

      But then Amendment 2 adds to the exclusion clause about "all copyrights" the following: "except for the copyrights and trademarks owned by Novell as of the date of the Agreement required for SCO to exercise its rights with respect to the acquisition of UNIX and UnixWare technologies". That gives SCO plenty of leeway to claim that they have to own the UNIX copyrights in order to make use of the UNIX technologies.

      Like I said, very murky, room for SCO to press their case for copyright ownership. Unfortunately.

      OTOH, since there has been a Change of Control of SCO since the agreement (hard to argue with - they're really Caldera, and bought SCO), Novell therefore now has "an unlimited royalty-free, perpetual, worldwide license to the Licensed Technology" - as stated in section 1.6 of the APA, "License Back of Assets". Since Novell also owns the copyright, they could now give away Unix for free. Or at the least, the code from Unix that is in Linux, should it be proven that there is such code in Linux.

    9. Re:And SCO plays copycat again by fizzixboy · · Score: 1

      SCO is basing its claim to copyright on Amendment 2, but it is a tenuous claim at best.

      Hmm, at first I read that as Amendment 2 of the US constitution. I was only mildy surprised that SCO would try and base a claim to copyright on the right to bear arms.

    10. Re:And SCO plays copycat again by Eunuchswear · · Score: 1

      It's a threat. They're saying they'll shoot if they don't get the money.

      Funny, SCO begins to sound more & more like ESR.

      --
      Watch this Heartland Institute video
    11. Re:And SCO plays copycat again by Eunuchswear · · Score: 1

      You know, the funny part of this whole debacle is how it's becoming the "reducto ad absurdam" of the whole IP bullshit.

      What the fuck did Novell think they were selling to SCO, and what the fuck did SCO think they were selling to Caldera, and what the fuck did Caldera think they were buying from SCO, and what on earth did SCO think they were buying from Novell?

      And all this came from AT&T, who probably had no defendable copyright anyway.

      I wonder if any of these geniuses wants to buy a nice bridge?

      (And it would be good to get a list of their lawyers, just to be sure never to hire any of them).

      --
      Watch this Heartland Institute video
    12. Re:And SCO plays copycat again by Bilbo · · Score: 1
      > Guess we'll have the IBM law team beat up SCO throughtoutly, then RedHat will scrape up the pieces. Finally the IBM countersuit will bury the scraps beyond human hope.

      Actually, looking at the letters published on the Novell site (and kindly transcribed for us by Groklaw), I think it is going to be Novell doing the scrap-picking-up, and maybe even a fair amount of the initial beating up. Obviously, lawyers can claim anything they like in cases like this, but from what I've read so far in the friendly little notes being passed back and forth between SCO and Novell, it seems that Novell is the one holding a Really Big Club over SCO's head.

      --
      Your Servant, B. Baggins
    13. Re:And SCO plays copycat again by shaitand · · Score: 1

      There are more outstanding caes than people in the US primarily because of the inefficient legal system.

      Typical criminal trespassing case,

      First appearance, plea + maybe get lawyer
      second appearance, need some time your honor,
      inbetween some plea bargaining happens,
      third appearance maybe accepted plea bargain (at the 6 month mark here if there was a pleabargain which there usually is.)
      Fourth appearance, pretrial
      fifth appearance dicking around about pretrial
      etc etc etc

      The way it SHOULD go down with the same crime.

      First appearance, court appointed lawyer is on hand if needed, plea.

      If guilty, sentence. If not guilty proceed without ever leaving the courtroom.

      Prosecution better speak up if he wishes to offer a deal, he had after all 2+ months to offer something before the initial plea. Trial proceeds with whatever evidence the two lawyers/clients bothered to put together, they had TWO MONTHS to fetch a paper from the county clerk if needed after all. Trial is finished the same day, maybe takes as long as 2hrs.

      This should apply to all cases unless the trial literally takes more than 8hrs with nothing but a 30min lunch break with a late penalty of forfeit, to present evidence and witnesses.

      This should apply to corporate lawsuits as well. If their own operation isn't efficient enough to get their paperwork together in a 2 month time frame then it's really not john q taxpayers problem is it? And therefore it's not a valid reason to tie up MY courtroom. It's certainly not a valid excuse for citizen accused of X crime with no bail money sitting in jail for another day waiting on a trial. And John Q. Taxpayer shouldn't have to pay to house citizen accused of X crime either for an extra day over their bullshit either.

    14. Re:And SCO plays copycat again by attobyte · · Score: 1

      Isn't there quote wrong? They quote schedual 1.1(a) Page 1 of 4 and I can not find that in the PDFs. Maybe its in the admendment.

      --
      I didn't use the preview button, so get over it!!!!

      Mike

    15. Re:And SCO plays copycat again by Frodo420024 · · Score: 1
      I think it is going to be Novell doing the scrap-picking-up, and maybe even a fair amount of the initial beating up.

      It would be so sweet if Novell sued SCOX for copyright violation. The ultimate backstabbing of a ghastly character. McBride still acts as if he's right and the entire world except a few Linux zealots are supporting him. Looks like cocaine behaviour to me :)

      Jan 23 is close now, last chance for SCOX to come up with something real, I guess.

      --
      I'm in a Unix state of mind.
  8. Obligatory Groklaw link by Farmer+Jimbo · · Score: 5, Informative

    As is usually the case with SCO related news, Groklaw is picking the information apart. For now most of it is transcriptions of the pdf's, but also some first blush analysis.

  9. Re:Sluggish already, and the files are PDF by fiannaFailMan · · Score: 1

    The pdf files would be okay if they'd compressed them a bit better when saving them. There's no need for a two-page letter to take up 1Mb.

    --
    Drill baby drill - on Mars
  10. site was "groklawed" earlier by inode_buddha · · Score: 5, Informative
    But here's some text to chew on:

    (b) Buyer shall not, and shall not have the authority to, amend, modify or waive any right under or assign any SVRX License without the prior written consent of Seller. In addition, at Seller's sole discretion and direction, Buyer shall amend, supplement, modify or waive any rights under, or shall assign any rights to, any SVRX License to the extent so directed in any manner or respect by Seller. In the event that Buyer shall fail to take any such action concerning the SVRX Licenses as required herein, Seller shall be authorized, and hereby is granted, the rights to take any action on Buyer's own behalf. Buyer shall not, and shall have no right to, enter into future licenses or amendments of the SVRX Licenses, except as may be incidentally involved through its rights to sell and license the Assets or the Merged Product (as such term is defined in the proposed Operating Agreement, attached hereto as Exhibit 5.1(c)) or future versions thereof of the Merged Product.

    (from section 4.16 of the Asset Purchase Agreement). Novell was doing a license audit in 2Q 2003.

    --
    C|N>K
  11. License Agreements? by jbottz · · Score: 1

    Maybe it's just me, but isn't it interesting that SCO is apparently attempting to circumvent the purchase agreements by including language in the licensing agreements giving them rights they previously may not have had? I for one would love for someone to post a copy of or link to the SVRX license agreement.

    1. Re:License Agreements? by inode_buddha · · Score: 1

      Here.
      Note that there's several licenses involved; I'd just download the whole zip file.

      --
      C|N>K
  12. And here is my letter to SCO, for the records... by Eric_Cartman_South_P · · Score: 3, Funny
    -------------begin archive-------------

    Dear SCO,

    Fuck you, your wives, and your bastard kids.

    -------------end archive---------------

  13. Slashdot loves you by Christoff84 · · Score: 4, Funny

    After the slashdotting novell receives today, they will know for sure that they have slashdot behind them 100% in the drawing, hanging and quartering of SCO.

    1. Re:Slashdot loves you by 3eyedlie · · Score: 1

      Like anyone will care that the slashdot community is behind them. I know this is a large number of people and all, but I am pretty sure SCO already knew that the slashdot community was against them.

  14. The name on the copyright registration by scumdamn · · Score: 5, Funny

    Sue Goodwill does anybody else find that a funny name given the circumstances?

    1. Re:The name on the copyright registration by madprof · · Score: 3, Funny

      That's SCO's next action!

    2. Re:The name on the copyright registration by the_flatlander · · Score: 2, Funny

      Ah, "Sue Goodwill", they used her name because, as some jokester on Groklaw pointed out, "SCO Sucks" didn't work for Novell, at that time.....

      TFL

  15. PDF's are being converted to text at Groklaw by The_Ronin · · Score: 5, Interesting

    Groklaw already has been translating the PDF's into text as well as providing some good commentary.

    From the looks of it, it appears that Novell is about to hit SCOX with a breach of contract suit. Additionally, the letters point out that the MS and SUN contracts should pay 95% of the amount to Novell.

    With that in mind, it appears that SCO has lied on their latest earnings statement (fraud) as well as withheld information from Bay Star, etc...

    SCO is in a lot of touble.

    --

    I don't drink because I have to, I drink to stop the voices in my head!

    1. Re:PDF's are being converted to text at Groklaw by tiger99 · · Score: 1
      Oh wonderful, the Convicted Monopolist is going to have to fund their competitor....

      I do hope you are right!

    2. Re:PDF's are being converted to text at Groklaw by cybergrue · · Score: 1
      SCO is in a lot of touble.
      I think this statement takes the prize for Understatement of the Year

      OK its only Jan 13, but still!

    3. Re:PDF's are being converted to text at Groklaw by DickBreath · · Score: 1

      SCO put down those millions in Microsoft and Sun licenses as their own earnings. Without this they couldn't pay their lawyer bills. Even more significantly, without this they wouldn't have four profitable quarters in a row. Nevermind that that money was supposed to go directly to Novell, and then Novell cuts them a 5% check back.

      I wonder if the SEC will find this interesting?

      Especially in this post-Enron, post-Worldcom, post-9/11, post-Columbine world?

      --

      I'll see your senator, and I'll raise you two judges.
    4. Re:PDF's are being converted to text at Groklaw by Anonymous Coward · · Score: 0

      "MS and SUN contracts should pay 95% of the amount to Novell."

      That would be nice, but in what state must the chicken be to be plucked from?

      No, the correct answer is not "Utah" ;-)

  16. Text files on Groklaw by mflaster · · Score: 5, Informative
    Many of the letters have been reformated as text on Groklaw

    We can Slashdot them instead... :-)

    Mike

    1. Re:Text files on Groklaw by Mr_Icon · · Score: 2, Informative
      We can Slashdot them instead... :-)

      Well, groklaw is hosted at ibiblio, which in its turn is hosted on ncren. I believe all of slashdot is a tiny spike in their overall traffic, which includes students of many major universities sharing music from their dorms. :)

      --
      If you open yourself to the foo, You and foo become one.
  17. Hard to discern much.. by Fnkmaster · · Score: 4, Informative

    It would be useful to have a copy of the asset purchase agreement in front of you, since these letters mostly refer to it in their arguments. Luckily, it looks like it's been OCRed and put up on Groklaw at here. The letters in isolation don't really make much sense, hard to figure out who's blowing smoke and who's not.

    1. Re:Hard to discern much.. by sleepnmojo · · Score: 1

      Don't slashdot a good site, go for sco instead. All the assest agreements are here.

    2. Re:Hard to discern much.. by Anonymous Coward · · Score: 0

      You trust SCO to put an unmodified version of the agreements up?

    3. Re:Hard to discern much.. by SoSueMe · · Score: 1

      You don't have to OCR PDFs. Just use XPDF.

      SN (Side Note): "OCR PDFs" . WTF? OMFG! NITIA!! (Now I'm Thinking In Acronyms!!)

  18. Summary from Groklaw by Carl · · Score: 5, Interesting

    Grin. The following summary from groklaw seems to sum it up nicely.

    http://www.groklaw.net/article.php?story=2004011 30 20257821

    May 12, 2003, SCO: We own UNIX. Those Linux thieves stole it. Now we are going to make them pay!

    May 28, 2003, Novell: Your letter annoyed us. You don't own UNIX, we do.

    June 6, 2003, Novell: Stick to the facts and stop threathening us.

    June 6, 2003, SCO: We do own UNIX, stop telling everybody you own it. You did that on purpose on the same day as our earning annoucement. We also want to know what IBM told you and what you told IBM.

    June 9, 2003, Novell: You can't just terminate IBM's license, so stop claiming you will. We do have the right to tell you what to do, you know.

    June 11, 2003, SCO: We do own UNIX and we can do what we want. Stop telling everybody we can't, or else...

    June 12, 2003, Novell: Come on, you can't be serious. When we signed the contracts we promised IBM you could not terminate the license. We at Novell keep our promises.

    June 12, 2003, SCO: Okay, now you've done it. You didn't listen, so now we are giving IBM permission to keep using AIX. You may not like it, but it the way it is. The license will not be terminated!

    June 18, 2003, Novell: Our press release about the copyrights coinciding with your earnings annouchment was purely coincidental. We do not want to hurt you, we are just protecting our interests.

    June 24, 2003, Novell : You signed contracts with Microsoft and somebody else. You can't just do that without telling us first. What's up with that? So, we demand to get copies and demand that you do not do this again. Once we have the copies we will determine if you have to give their money to us instead.

    June 26, 2003, Novell: You keep telling you own the patents and copyrights of UNIX. We do acknowledge you had the right to acquire 'some' of the copyrights and we are still looking into it how much exactly you are entitled to. In any case, you do NOT own the patents.

    July 8, 2003, Novell: Please stop bothering our former executives.

    July 11, 2003, Novell: You haven't paid us in 6 months, cough up the money! Also, we are definitely going to audit your ass.

    July 17, 2003, Novell: We don't like you. You tell people lies. You thought you couldn't do that, so we didn't pay. Luckily for you we determined you could do that, so we will pay. Also, regarding the audit; we're busy, please come back later.

    August 4, 2003, Novell: We noticed you registered the UNIX copyrights. We do not agree with that. You had to demonstrate you needed the copyrights and you didn't do that. Tough luck, the copyrights are still ours!

    August 7, 2003, Novell: You withheld our money! No mather what your reasons are, you can't do that. We want assurances that this will never happen again. Compy!

    August 20, 2003, Novell: You know what, we have a technology license agreement. We want copies of the source and binary code for all versions of UNIX and UnixWare. We tried to call, but you never called back. We want the code and we want to know when we can have it.

    September 10, 2003, SCO: We don't agree with your interpretation of our contracts. You are conspiring with IBM to destroy us. SCO is not going to let this happen.

    October 7, 2003, Novell: You seem to think that AIX modifications made by IBM are subject to restrictions. Sorry, but that is simply not true. IBM owns their own code and can do with it what they like. Stop bothering IBM.

    October 7, 2003, Novell: You seem to think that IRIX modifications made by SGI are subject to restrictions. Sorry, but that is simply not true. SGI owns their own code and can do with it what they like. Even if SGI did contribute UNIX code to Linux, it was very small amount of code and it was removed very quickly. This simply does not warrant terminating SGI's license, so stop threathening that you will.

    October 7, 2003, Novell: We heard you are going to send invoices to Linux u

    1. Re:Summary from Groklaw by Troed · · Score: 5, Informative

      July 17, 2003, Novell: We don't like you. You tell people lies. You thought you couldn't do that, so we didn't pay. Luckily for you we determined you could do that, so we will pay. Also, regarding the audit; we're busy, please come back later.

      That doesn't make sense until you replace Novell with SCO.

    2. Re:Summary from Groklaw by TedCheshireAcad · · Score: 4, Funny

      It all boils down to this:

      SCO:We own you.
      Novell: OMG STFU nUb

    3. Re:Summary from Groklaw by Anonymous Coward · · Score: 0
      You mean


      5c0: \/\/3 0w|\|z3rZ j00
    4. Re:Summary from Groklaw by Anonymous Coward · · Score: 0

      OMG STFU |\|008!

    5. Re:Summary from Groklaw by WuphonsReach · · Score: 1

      June 12, 2003, SCO: Okay, now you've done it. You didn't listen, so now we are giving IBM permission to keep using AIX. You may not like it, but it the way it is. The license will not be terminated!

      This one also doesn't make sense... is it supposed to be attributed to Novell?

      --
      Wolde you bothe eate your cake, and have your cake?
    6. Re:Summary from Groklaw by Anonymous Coward · · Score: 0

      Oh, slashdot sooooo needs a spelling checker...

    7. Re:Summary from Groklaw by vsprintf · · Score: 1

      SCO:We own you.
      Novell: OMG STFU nUb

      To me, SCO's attitude is more like the way a two-year-old views the world: Whatever I think is mine, is mine. Anything you drop is mine. Anything you don't drop but I want is mine anyway. And if you try to take anything back, I'll just scream, "NO! MINE!"

    8. Re:Summary from Groklaw by Anonymous Coward · · Score: 0

      Or...

      scO: All yOUr cOdE Is bElOng tO Us!
      Novell: ...STFU, ya damned n00b.

  19. Check out the oct 10,2003 letter... by runfaster · · Score: 1

    Novell waives SCO's rights on SCO's behalf... :) These are pretty funny to read...

  20. Re:Sluggish already, and the files are PDF by Dave2+Wickham · · Score: 2, Informative

    When I started downloading (before it was posted) it was slowish - 19.7KB/s. It's currently downloading at 17.3KB/s, so not that much difference...

  21. bah! by J_Omega · · Score: 1

    Sorry, no room to mirror 23M of pdfs. blast! In $ news, http://finance.yahoo.com/q/bc?s=SCOX&t=5d

  22. Novell's current marketing model by Dark+Paladin · · Score: 4, Informative

    Type 1: We now do Linux. This is one I like, since it's something I've hoped for some time: take Novell's kick ass administration tools (granted, last time was Netware 4.1-5, so maybe the new Java/web interface sucks, but I loved the old NWadmin tool and plugins), and mix it with Linux (powerful, free as in freedom, and has more configuration text files than most junior admins know what to do with).

    I also like how they aren't going to "change" SuSE (at least, not yet). Their best bet would be to use SuSE as a development crew - moving things ahead, keeping a separate product (rather than wrecking it the way WordPerfect pretty much was), and incorporating it's advances into Netware [insert whatever number here] as an "added value Enterprise product" - much like Fedora versus Red Hat Enterprise.

    Type 2: We will indemnify you. This doesn't bother me too much - after all, SCO is playing "Big Bad" to Linux out there: "Use Linux, and we will sue you." Novell is providing some legal peace of mind. Granted, you have to buy their "new" product, but my feelings are horribly hurt by that - after all, they have to pay for the scum sucking evil hearted - I mean, laywers after all.

    Type 3: We actually own the UNIX copyright. This ties into Type 2 in a certain respect, only without lawyers. This is to give current SuSE and other Linux customers less fear. Basically, it boils down to this:

    "We know that SCO says they own the UNIX copyright and because of that they think they can get money from you for anything Linux.

    "Bullshit. The fact is, Novell still owns the important copyrights, and we won't sue you. See? We're nice.

    "Please buy our products."

    Type 3 doesn't bother me that much either, since it at least appears to be "We're nice people - honest!" Granted, they are still an amoral corporation which pretty much means they're not doing it out of the charity of their hearts but because they want to make a buck - but you have to admit *right now* they're at least showing more class than SCO.

    Either way, I'm not concerned. I figure about 12-24 months from now, this will all go away when the lawsuits finally fail and SCO and such run out of money to pay the heartless gutter snipes - I mean lawyers, President Richard Simmons will be in office with the War on Fat, iTunes Music Store will enjoy brief market domination before being the aliens arrive from Zardon VI and eradicate the earth when they learn we've evolved lawyers.

    Or - something like that. Just my opinion.

    1. Re:Novell's current marketing model by shystershep · · Score: 2, Funny
      Heartless gutter snipes

      So, uh, are you trying to say something about lawyers there?
      guttersnipe - n - a person of the lowest moral or economic station
      I was going to comment that you had it all wrong, but that was before I looked up the definition.

      Carry on.

      --
      The bigotry of the nonbeliever is for me nearly as funny as the bigotry of the believer. - Albert Einstein
    2. Re:Novell's current marketing model by vsprintf · · Score: 1

      Heartless gutter snipes

      So, uh, are you trying to say something about lawyers there?
      guttersnipe - n - a person of the lowest moral or economic station
      I was going to comment that you had it all wrong, but that was before I looked up the definition.

      Okay, then I'll do it. The more common definition of guttersnipe is a child of the slums who spends much of their time in the streets (Webster's). The, er, ambulance chasers in question have no connection with low "economic station", and honest (moral) guttersnipes everywhere take offense at the comparison.

  23. What is obvious is that.. by mccormick · · Score: 0

    I'm sure, having actually managed to be the one to get his slashdot story submission accepted, he had a thorough read through of the letters and hence the "interesting read" part is an informed comment.

    --
    Pete
  24. SCO court date? by jonathanduty · · Score: 1

    I'm confused? Why are we still talking about that. Wasn't SCO suppose to show evidence last week? Did they? Or has the judge bitch-slapped them? Does anyone have the status on that ruling and SCO's actions to fufill it?

    1. Re:SCO court date? by rumblin'rabbit · · Score: 2, Informative

      IBM is assessing the information, and will present to the court on January 23 their opinion on whether SCO has fully complied with the discovery request. If IBM says SCO has not complied, SCO gets to explain why they have complied, and so on and so forth.

  25. Well I'm shocked by AndroidCat · · Score: 4, Funny

    None of the Novell letters to Darl start with "Dear Mush-For-Brains;".

    --
    One line blog. I hear that they're called Twitters now.
    1. Re:Well I'm shocked by Anonymous Coward · · Score: 0

      And you're jealous! Tosspot.

    2. Re:Well I'm shocked by theonetruekeebler · · Score: 1

      That's because "Dear Shit-for-Brains" is the more accurate salutation.

      --
      This is not my sandwich.
    3. Re:Well I'm shocked by AndroidCat · · Score: 1

      Yeah but they're in Utah. Don't they have those machines that hand out tickets for language like in Demolition Man?

      --
      One line blog. I hear that they're called Twitters now.
    4. Re:Well I'm shocked by Anonymous Coward · · Score: 0

      No, it looks to me that he was honest and signed the posting with his real name: "fuckface"...

  26. Re:"obligatory *" by Farmer+Jimbo · · Score: 2, Insightful

    Why don't editors put in the groklaw links to keep these useless karma whores down?

    Beats me. I think every SCO related article here should also link to Groklaw's analysis of the story. As for karma or mods, whatever.

  27. One last thought by Dark+Paladin · · Score: 1

    Of course, Novell is also riding the journalist gravy train - SCO's stock price is up mainly because investors are buying "lottery tickets" - the more they are in the news, the more some investors think they'll make the "big bucks" if SCO wins a court case.

    So as long as SCO is in the news, Novell probably figures to ride on their coat tails and get practically free advertising.

  28. Re:I AM THE GREAT CORNSCOLIO! by krog · · Score: 0

    the parent post is a mirror of sco.com.

  29. We know. But that's the wrong story. by Animats · · Score: 4, Informative
    Yeah, we know. It was on Groklaw yesterday.

    The real news is that SCO had a deadline to disclose to IBM, "with specificity", exactly what the claimed infringements are. That was yesterday. Neither IBM nor SCO has announced anything.

    On January 23rd, there will be a hearing on whether IBM is satisfied with what SCO disclosed. Then we'll know quite a bit more.

  30. Re:Egad by FatAlb3rt · · Score: 1

    Especially since the zip of all the pdf's is 44.6 MB. Anyone wanna post text of the interesting ones, or perhaps a summary?

  31. A short summery - SCO is cooking it's books! by Anonymous Coward · · Score: 5, Interesting

    Basically, Novell says that it's owed 95% of the revenue from the Microsoft and Sun licensees (hmm, SCO already gave a good chunk to the lawyers, oops), and that SCO has failed to make expected payments on revenue from other Unix source licensees (double oops). They want their money, which basically would cut SCO off at the balls.

    SCO says that they have the right to enter into new kinds of agreements and that the Microsoft and Sun licenses are not revised versions of the previous unix source licensing arrangements, so Novell can go pound salt.

    Novell asks SCO to stop harassing Novell's customers (all existing Unix source licensees) and trying to ammend contracts they have no rights to ammend, threatening to terminate liceneses for IBM and SGI that only Novell has the right to do so, being a general pain in the a**, and that generally SCO are a bunch of lying cheats (yes, it's all in there, fun reading).

    SCO doesnt say anything about being lying cheats, but claims Novell's Unix source licensees are their licensees, even though Novell has a 95% revenue interest, and SCO receives 5% "commission".

    In short, this correspondence provides a foundation for Novell to say SCO is in violation of the original Unix purchase agreement, and could form the basis for Novell to have SCO's rights to Unix terminated. Since SCO knowingly failed to list money potentially owed to Novell on either their earning statements and their official SEC filings, or the potential risk to loosing most of their recent income, SCO is probably in deep sh*t SEC-wise, which probably explains the mysterious exit of that SCO employee in charge of doing the SEC filings right before their last earning report was do. Naturally he would not wish to be the one to sign a false earnings statements.

    I guess looking at this, Bubba will soon have a new "Mc"-bride at club fed.

    1. Re:A short summery - SCO is cooking it's books! by herrvinny · · Score: 1

      Which letter was this again?

    2. Re:A short summery - SCO is cooking it's books! by FuzzyBad-Mofo · · Score: 1

      I certainly hope SCO gets their just desserts. After all, they are a bunch of overly litigious bastards.

    3. Re:A short summery - SCO is cooking it's books! by Greyfox · · Score: 0, Troll
      Hey, if you put "SCO" in the link text and a link to goatse.cx in the link, would goate.cx show up when you searched on "SCO"? (Assuming enough people did it?)

      If the answer to that is yes, how many of us would have to do that for goatse.cx to be the top rated returned web page when you search google for "SCO"?

      --

      I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    4. Re:A short summery - SCO is cooking it's books! by jonathanduty · · Score: 1
      Given all of this plain evidence, why isn't the SEC up SCO's ass!!!! They should be involved in this because:

      SCO is breaking the law, and it is the SEC's job to regulate that

      SEC is a government agency and lets face it, it is governed by politics. You can't get much better press than taking down a company as unpopular as SCO.

      So who is McBride stroking under the table to keep the SEC looking the other way?

    5. Re:A short summery - SCO is cooking it's books! by GerryGilmore · · Score: 4, Funny

      If you *really* want a chuckle, go to SCO's web site under "Jobs". The *only* software engineer job listed requires skills in .NET!!

      How's that for understanding where their head is at?

      Gerry

    6. Re:A short summery - SCO is cooking it's books! by DickBreath · · Score: 1

      Basically, Novell says that it's owed 95% of the revenue from the Microsoft and Sun licensees (hmm, SCO already gave a good chunk to the lawyers, oops), and that SCO has failed to make expected payments on revenue from other Unix source licensees (double oops).

      Furthermore, SCO claims those millions as their own earnings, in order to ensure they had four profitable quarters.


      They want their money, which basically would cut SCO off at the balls.

      Be patient.

      Does the corporate veil protect Darl and gang from this cutting off part?

      --

      I'll see your senator, and I'll raise you two judges.
    7. Re:A short summery - SCO is cooking it's books! by Bilbo · · Score: 1
      > ... why isn't the SEC up SCO's ass!!!!

      Maybe they are! Remember, not everyone conducts their business through Press Releases on the Internet.

      (I've been wondering for some time why IBM and Novell have been so quiet. Turns out, they've been very busy, doing things the smart way, and not running off at the mouth for the benefit of the Press.)

      --
      Your Servant, B. Baggins
    8. Re:A short summery - SCO is cooking it's books! by vsprintf · · Score: 1

      Given all of this plain evidence, why isn't the SEC up SCO's ass!!!!

      The SEC has far more important things to worry about right now, and they have all their people busy circling the wagons. The decoration diva, Martha Stewart, is just about to jerk a knot in their tail, and they're scrambling for cover. They can't be bothered with real pump-and-dump schemes like SCO for a while.

  32. Re:Egad by Saeed+al-Sahaf · · Score: 1

    Ya know, I'll bet Novel has enough server power to take it, the're not running this off some box on a DSL line...

    --
    "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
  33. Correct, the July 17 letter is from SCO by rakaz · · Score: 2

    I was a bit too quick when I originally posted this summary on Groklaw. I really should have proofread... There are also some really awful spelling mistakes in there.

    1. Re:Correct, the July 17 letter is from SCO by Bilbo · · Score: 1
      > I really should have proofread... There are also some really awful spelling mistakes in there.

      Hey - if you'd proofread, they you might not have been quick enough to get all the ++ mods! Besides, this is Slashdot. You have to include at least a couple of spelling mistakes.

      --
      Your Servant, B. Baggins
  34. Asset Purchase Agreement by Aardpig · · Score: 5, Interesting

    From the letter dated 12 June 2003, from Novell and IBM:

    Accordingly, pursuant to Section 4.16(b) of the Asset Purchace Agreement, Novell, on behalf of The SCO Group, hereby waives any purported right SCO may claim to terminate IBM's SVRX Licenses enumerated in Amendment X or to revoke any rights thereunder, including any purported rights to terminate asserted in SCO's letter of March 6, 2003 to IBM.

    This, in a nutshell, is Novell withdrawning SCO's right to terminate IBM's license, which was reported last year on Slashdot. What I really want to see, however, is the ubiquitous Asset Purchase Agreement, which appears in both this letter and most of the other ones; the whole dispute (at least, between SCO and IBM) appears to hinge on this agreement. Unfortunately, the agreement will probably never see the light of day, for reasons of corporate confidentiality.

    --
    Tubal-Cain smokes the white owl.
    1. Re:Asset Purchase Agreement by Aardpig · · Score: 2, Informative

      Unfortunately, the agreement will probably never see the light of day, for reasons of corporate confidentiality.

      I correct myself! SCO has just published the Asset Purchase Agreement. Thanks to Carl for pointing this out in another post.

      --
      Tubal-Cain smokes the white owl.
    2. Re:Asset Purchase Agreement by Aardpig · · Score: 3, Informative

      ...and here is the exact text of Section 4.16(b), taken from the relevant part of the Asset Purchase Agreement:

      (b)Buyer shall not, and shall not have the authority to, amend, modify or waive any right under or assign any SVRX License without the prior written consent of Seller. In addition, at Seller's sole discreation, Buyer shall amend, supplement, modify or waive any rights under, or shall assign any rights to, any SVRX License to the extent so directed in any manner or respect by Seller. In the event that Buyer shall fail to take any such action concerning the SVRX Licesnes as required herein, Seller shall be authorized, and hereby is granted, the rights to take any action on Buyer's own behalf. Buyer shall not, and shall have no right to, enter into future licenses or amendments of the SVRX Licenses, except as may be incidently involved through its rights to sell and license the Assets or the Merged Product (as such term is defined in the proposed Operating Agreement, attached hereto as Ehibit 5.1(c)) or future versions thereof of the Merged Produc.

      Whew, a bit long winded. Obviously, Novell is Seller and SCO (or was it Caldera back then?) is Buyer. Anyhow, I've emphasised the important paragraphs, which from my reading certainly do say that:

      1. SCO cannot amend IBM's SVRX license (i.e., terminate it) without the prior written consent of Novell,
      2. Novell can order SCO to waive its rights to terminate IBM's SVRX license,
      3. If SCO does not comply with Novell's order to waive, then Novell can act on behalf of SCO and do the waiving themselves.

      IANAL, but it looks like SCO has no contractural basis for terminating IBM's SVRX license without Novell's say-so; and since this say-so hasn't been given, it appears that IBM's SVRX license is still valid.

      --
      Tubal-Cain smokes the white owl.
    3. Re:Asset Purchase Agreement by rakaz · · Score: 1

      The Asset Purchase Agreement has been available on Groklaw for a while now. It was used by SCO as Exhibit in their original complaint.

      Links to APA related documents (from Groklaw.net)
      APA, APA Amendment 1, APA Amendment 2. TLA

    4. Re:Asset Purchase Agreement by eer · · Score: 1
      SCO (or was it Caldera back then?)

      No, it was SCO - this was back before Caldera acquired SCO's name and UNIX business.

      Has anyone looked into whether Novell can simply revoke SCO's contract on the basis that the "new" SCO is being a chowderhead? Did "old" SCO Group need Novell's permission to transfer the rights under the original contract to Caldera (the "new" SCO)?

    5. Re:Asset Purchase Agreement by inode_buddha · · Score: 4, Interesting

      SCO (old SCO) was the buyer. Their UNIX business was purchased by Caldera a few years later, after Caldera's IPO. Old SCO became Tarantella. This was roughly about the same time as VA's IPO, IIRC (I was using Caldera Linux at the time - it was a nice setup, well engineered). When Caldera purchased the SCO UNIX business, they released the ancient UNIX code freely for personal use, and began working on code merges and ABI compatibility. IIRC having a fully free UNIX was the original dream of Caldera founder Ransom H. Love.

      --
      C|N>K
    6. Re:Asset Purchase Agreement by Zak3056 · · Score: 1

      Unfortunately, the agreement will probably never see the light of day, for reasons of corporate confidentiality.

      You would be incorrect. As text. If you want, you can find PDFs of the originals somewhere on Groklaw.

      --
      What part of "shall not be infringed" is so hard to understand?
    7. Re:Asset Purchase Agreement by Aardpig · · Score: 1

      I've already corrected myself on this one. Shoot first and read answers later?

      --
      Tubal-Cain smokes the white owl.
    8. Re:Asset Purchase Agreement by Anonymous Coward · · Score: 0

      I liked Austin Powers' intepretation of "in a nutshell" a lot better personally.

    9. Re:Asset Purchase Agreement by codepunk · · Score: 1

      No but what if SCO did not give Novell the money for
      the Microsoft and Sun deals, which apparently they did not?

      I would assume this would give Novell more than enough grounds to sue SCO out of existance.

      --


      Got Code?
  35. YOU FAILED IT. by Anonymous Coward · · Score: 2, Insightful
    Actually if you would've just done your research you'd see that Novell's stock has been steadily climbing for practically the past year anyway. It's not like they were fishing for bogus inflated prices. Nice try though.

    Dumbass.

    1. Re:YOU FAILED IT. by Dark+Paladin · · Score: 0

      I realize that you are an AC, and as such I should just ignore you, but I'm hoping that if I state that riding the journalist gravy train does not lead me to believe that Novell's stock is doing terribly - merely that Novell, as any company would, is taking advantage of a situation.

      Just because stock is rising doesn't mean they wouldn't like to see their name put out in a positive light even more - this is "marketing", which could get them more "customers", which would get them more "money", which would increase their stock price higher.

      My comments on stock price was based on SCO's current model, which is "Stock price going down - release another press release!". Please reread the sentance, and if I did not make it clear, then I apologize.

      Oh, and while you're at it - is there something you can do about that stick shoved up your ass? I think it's making you agitated. Thanks.

    2. Re:YOU FAILED IT. by swb · · Score: 3, Insightful

      Actually, Novell underperformed NASDAQ and S&P indicies for the first half of '03 and outperformed the last half. It's as hard to know what the real reason for the increase over the last six months is as it is to know what business Novell is really in. They're Netware, no, NDS, no, consulting (the Cambridge acquisition), no, Linux, umm, what are they again?

      I'd wager their increase has more to do with general stock market speculation of an overall economic recovery and increased business spending on IT infrastructure rather than enthusiasm for Novell's somewhat confusing business strategy.

    3. Re:YOU FAILED IT. by Anonymous Coward · · Score: 1, Interesting

      At least you have valid factual points to back up your assertion, much unlike moronic parent. Lawsuits != Stock Through the Roof in all cases.

    4. Re:YOU FAILED IT. by Ubergrendle · · Score: 1

      It could just be that Novell is diversifying its position, hoping that one or two of these ventures becomes a new, robust revenue stream. Becoming more active in the UNIX/LINUX space is a good move IMHO if only because it will get them into an area of active IT growth.

      --
      John Maynard Keynes: "When the facts change, I change my mind. What do you do?"
    5. Re:YOU FAILED IT. by cyberformer · · Score: 1

      Most stock market prices owe more to speculation than fundamentals. That's obvious with SCO, but also true to a lesser extent with companies like Novell, IBM and Microsoft.

      Novell is still in the business of selling software. It's just that some of this software (not all) happens to be GPL,. In general, the low-level OS-type stuff (ie. Linux, Mono) is Free, while higher application-layer stuff (ie. Netware) is not. So, the next version of NetWare will run on the Linux kernel, but will not itself be Free.

  36. Re:Egad by robslimo · · Score: 1

    Bit Torrent link, please?

    I'd setup a tracker once I get'm down, but I'm behind a NAT box.

  37. Re:Egad by Lovepump · · Score: 1

    I managed to get 61 bytes down before it started timing out...

  38. Interesting that the music industry is mentioned. by GillBates0 · · Score: 5, Interesting
    In the letter titled: "Letter to Linux Customers" and SCO's lawsuit against IBM" from SCO to Novell (and other Linux customers), Daryll says:

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

    And in response to the specific piece Jack Messman says in his response:

    "In your letter, you analogize SCO's campaign against the Linux community to that of the record industry against major corporations whose servers contained downloaded music files. There are crucial differences between the two campaigns. The record industry has provided specific information to back up its allegation, while SCO steadfastly refuses to do so. In its allegation letter, the record industry provides evidence of allegedly infringing activity that is specific to the targeted company. This offers the company real notice of the activity, sufficient information to evaluate the allegation, and an opportunity to stop the activity if it determines the allegation is true. If SCO wants to compare its actions to that of the record industry, it should follow the example set by that industry and present specific evidence of the alleged infringement."

    At the very least, read this entire response from Novell to SCO regarding it's letter to Linux customers. Jack has pretty much voiced *all* the concerns that the Slashdot community has come up with in a direct letter to Daryll.

    --
    An Indian-American Hindu committed to non-violent thought/speech/action alarmed by the global explosion of radical Islam
  39. Simpsons... by frodo+from+middle+ea · · Score: 0

    Comic book guy says "Shortest Story Ever"

    --
    for the last time people, I am "frodo from middle eaRTH", not "middle eaST".
    1. Re:Simpsons... by bruns · · Score: 1

      Mine tastes like burning!

      --
      Brielle
  40. Re:Sluggish already, and the files are PDF by rakaz · · Score: 1

    About 8 hours ago I was downloading the files at over 80 KB/s, then the story appeared on Groklaw and it dropped to about 4 KB/s. Despite several attempts I stil haven't been able to download the zip of the copyright registrations... Finally the speed was getting a bit better and then the site receives a proper /.ing... Thank you very much :)

  41. This should calm the fears of many by WebTurtle · · Score: 5, Informative

    IT managers and and other executive decision makers who have been nervous about all the warning shots fired between the battleships in this war of words can finally feast their eyes on tangible evidence demonstrating the untennable position of Darl McBride.

    In particular I point to the letter dated 12 Jun 2003 from Novell to SCO regarding the Asset Purchase Agreement between the Santa Cruz Operation, Inc. and Novell, Inc., September 19, 1995.

    In this letter, Jack Messman pretty clearly identifies the absurdity of Darl's claims be referring to very specific portions of the Asset Purchase Agreement, which give IBM "irrevocable" rights, and states that Novell also retains certain rights, over which SCO has no say.

    Darl, I don't think this is even a close call. You and I both understand the Asset Purchase Agreement deal: SCO acquired certain assests from Novell but acquired thos assets subject to certain rights of Novell. You can't have one without the other.

    [...] Novell takes its contractual commitments seriously. When we enter into or amend a license to make it "irrevocable," we mean what we say, and we expect our customers to be able to rely on what we say. We ask you to do the same.

    Now, I ask you, does this not sound like a man who is sure of his position and the position of his company? It seems to me that Linux users (corporate, individual, or those who've ascended to the next plane of existence) should be well in the clear from the majority of any claims SCO might possibly level. This evidence combined with the confidence exhibited by multi-million dollar legal defense funds set up to help those who might be the target of SCO legal action will go a long way to reassuring executives.

    Now, if only the judges in this case would hurry up and slap SCO back into the last century, where they should have stayed...

    --
    ------- "One of the joys of travel is visiting new towns and meeting new people." -- G. KHAN
    1. Re:This should calm the fears of many by Cyno · · Score: 3, Interesting

      I'm affraid of a system that allows corporations like SCO to exist. They should have been forced to put up or shut up, like they were in Germany. But here in the US our legal system offers no protection to businesses or consumers from corporations that behave like SCO. Even worse our leading technology corporations, Sun and Microsoft, are only too happy to support the enemy of their enemy, no matter what the consequences might be to honest hard-working Americans. So if you want to build something and make some progress against these stagnant giants be prepared to build a multi-million dollar legal defense fund to protect your interests.

      These unethical capitalists and their actions make me very affraid for the future and welfare of our society. Don't forget these corporations have a lot of influence in the media. How far do you think they'd be willing to go to make a profit? Judging from America's favorite "reality" shows I bet most people would do just about anything for money. Even if it means selling us all out, selling our children's future, etc, etc, etc.

      Doesn't this bother anyone? This is a very serious social and psychological problem. And it is a feedback loop that won't fix itself. The media, education system, judicial, legislative, and executive systems all rely on the status quo for job security. What incentive do they have to improve things or change? In fact, they lie to us in order to maintain the status quo (Advertisements, War on Drugs). This is a cycle of continuous manipulation that's called capitalism.

      Watch the movie Grass sometime, maybe it will make a little more sense to you.

    2. Re:This should calm the fears of many by theonetruekeebler · · Score: 1

      They have been told to put up or shut up. The defendant, not the government, has to make the demand.

      --
      This is not my sandwich.
    3. Re:This should calm the fears of many by steveha · · Score: 1

      I'm affraid of a system that allows corporations like SCO to exist.

      Never fear, the system in the US will not allow SCO to continue to exist indefinitely. It's going to take a long time, much longer than I would prefer, but when it's over SCO will be a smoking crater.

      here in the US our legal system offers no protection to businesses or consumers from corporations that behave like SCO.

      The defense against stupid lawsuits from companies like SCO is the "countersuit". Note that IBM has already filed a countersuit against SCO. (SCO is now trapped: they can't just walk away from the lawsuit, because they can drop their suit against IBM but they cannot make IBM drop the countersuit.)

      This is a cycle of continuous manipulation that's called capitalism.

      Nonsense. Capitalism is where people are allowed to sell things to each other; look it up. SCO is trying to use the legal system to prey on other companies, and that is not called capitalism.

      steveha

      --
      lf(1): it's like ls(1) but sorts filenames by extension, tersely
    4. Re:This should calm the fears of many by Cyno · · Score: 1

      Never fear, the system in the US will not allow SCO to continue to exist indefinitely. It's going to take a long time, much longer than I would prefer, but when it's over SCO will be a smoking crater.

      I know, but there's nothing to prevent another SCO from doing the same thing. What if you start a business that gets attacked by a dozen greedy corps trying to profit from your work? How can anyone defend themselves against these tactics? Its very suttle how SCO manages to avoid direct confrontation, but they are affecting the perceptive value of countless businesses, which unfortunately affects their real value. SCO might eventually pay for it but this does not change the reality of the situation.

      If life is going to be based on games like these then we should make the entire legal system free. As in all lawyers should be paid by the government with our tax dollars. That way we can all afford to play.

      Combining a system of currency and trade with human behavior and our understanding of psychology creates the countinuous state of manipulation we all exist in here today. Theoretically capitalism isn't this unethical. Unfortunately reality isn't based on theory.

      Capitalism combined with human nature and modern media has direct consequences to our society and each of our psyches. We are all manipulating eachother all the time for the economy, or at least the percieved value of the economy and thus ourselves. How does something like keeping-up-with-the-jones or Christmas happen without manipulation? Its because in our society its "cool" to fit in and be like everyone else, even if you don't agree with them. We just fly our flags and drink our Coke and vote our party so we don't have to take any chances and think for ourselves or speak up.

    5. Re:This should calm the fears of many by steveha · · Score: 1

      all lawyers should be paid by the government with our tax dollars.

      Good grief, no! No! Bad idea!

      If you want more lawyers and more lawsuits, have government pay for it. If you want less lawsuits, do something else.

      The best idea would be to adopt the "loser pays" system, where the loser of a court case has to pay the legal fees of the winner. There should be a down side to a stupid lawsuit, so companies like SCO will think twice before trying them.

      If you adopt "loser pays" you need a few other tweaks to the system, to make sure that the rights of the poor don't get stepped on. (It would be bad if the truly poor did not dare risk a lawsuit since they could not risk having to pay for lawyers.)

      Eh, enough off-topic for today.

      steveha

      --
      lf(1): it's like ls(1) but sorts filenames by extension, tersely
  42. Re:Egad by mahdi13 · · Score: 3, Informative

    Or convert them to text and gzip them...
    PDF is WAY over used and should be band from text-only use. Leave PDFs for flyers/presentations/manuals

    --
    "Some things have to be believed to be seen." - Ralph Hodgson
  43. Re:Sluggish already, and the files are PDF by Anonymous Coward · · Score: 0

    Have to agree with the parent, what's wrong with them releasing the documents as pdf? You can get pdf readers for every platform and people are more likely to have a pdf reader available than OOo.

    Next someones going to insist they won't read the documents unless they're encoded as Ogg.

  44. Future? by bluewee · · Score: 1

    Although _we_ all want SCO to DIE, but what are your thoughts on the the realistic future of SCO? My thoughts: - continues to sue household names trying to stir the public - stocks start to fall - Darl, begins RIAA tatics, suing little Sue, trying to scare the public to loose... - 6 months till they go belly up.

    --
    [blue] - The Ministry of Information approved this message...
    1. Re:Future? by DougJohnson · · Score: 1

      I bet they end up owing IBM so much money that IBM can buy them for a song.

    2. Re:Future? by Anonymous Coward · · Score: 0

      >we_ all want SCO to DIE

      Well fuck you pal! I don't want SCO to die! In fact, I'd rather the whining wheenies like you died a.s.a.p.

      By the way, you won't "stir the public" 'cause they don't give a shit!

      Happy New Year!

    3. Re:Future? by kevinank · · Score: 1

      5 quarters to insolvency at current estimated burn rate. If they cut all other expenses besides litigation then 10 quarters to insolvency. All assuming there is no new income stream.

      --
      LibBT: BitTorrent for C - small - fast - clean (Now Versio
    4. Re:Future? by jimicus · · Score: 1

      Not likely. Assuming this is a pump'n'dump scheme, such a course of action would kill SCO very quickly and they know it. Far easier to drag this on until the execs have sold all their stock, then wind the company up & go live in a country without an extradition agreement.

  45. SCO's response. by EvilStein · · Score: 5, Funny


    ----------begin-----------

    Already did. You're next, penguin boy.

    Love, Darl

    -----------end------------

  46. Re:The impact of the lawsuits in our enterprise by Anonymous Coward · · Score: 0

    Then Microsoft has won. Anything that slows Linux helps Microsoft.

  47. Re:Egad by Anonymous Coward · · Score: 0

    Can't do something because you are behind a NAT box. Indeed. More proof that NAT is the scourge of the Earth, a bandage fix for a networking protocol that was broken by design.

    IPv4: Slower, Worse, Costlier. Pick any two.

  48. November 21st Document, Second Page by AtariDatacenter · · Score: 2, Insightful

    Of course, I'm not reading this in the full context, but here's an interesting tidbit:

    2.1 Section J of Ammendment No 1 prohibits SCO from entering "into new SVRX Licneses" except "as may be incidentally involved through [SCO's] rights to sell and license UnixWare software or the Merged Product."

    2.2 With this prohibition in mind, Novell has noted SCO's recent introduction of its "SCO Intellectual Propety License for Linux," in which SCO attempst to enter into new SVRX Licenses with Linux end users.

    1. Re:November 21st Document, Second Page by inode_buddha · · Score: 1

      Correct me if I err, but the way I interpret this is: SCO had the rights to maintain current licenses, and needed to double-check potential new licensees through Novell, even through sales of Unixware and not just SysV. So, that potential avenue for growth was seriously restricted; they would have been better off to continue through the tough times with Caldera's Linux. IMHO if they had hung in there just 8 months longer (after Ransom Love left) they would be a decent Lunux player now.

      --
      C|N>K
  49. No... by KennyP · · Score: 0

    It's mine! NO IT'S NOT - IT'S MINE! Mine, mine, mine, mine, mine, mine... infinity! Take that, Darl! (What kinda of a name is Darl, anyway?!?!?) Kenny P. Visualize Whirled P.'s

    1. Re:No... by kemikalzen · · Score: 0

      Darling McBride

    2. Re:No... by Anonymous Coward · · Score: 0

      Please take some lessons in {spelling,grammar,posting}
      Thanks,
      The Mgt.

    3. Re:No... by Anonymous Coward · · Score: 0

      More like lessons in general content. What the hell was he saying anyway??

  50. Lawsuit Necissary by LittleKing · · Score: 5, Interesting

    Some might not argee with me, but I think this lawsuit by SCO was inevitable for the Linux community. I have believed that Linux couldn't be considered a completely viable choice for many companies until something like this happened. Why? Because it hadn't been tested.

    Linux is based on a new concept that many people don't understand. The right to freely use and change and redistribute doesn't make the Cooperate heads comfortable. Add that to the fact that most, if not all, distributions claimed not to take legal responsibility for their products. I believe that after SCO loses their lawsuit that companies will start providing legal immunity to their customers. In fact this is already starting to happen. Novell with their move into the Linux world has started to do this, IBM I believe is starting in some form or another and there could be others that I am not aware of.

    Linux is going through its growing pains and afterwards it will be better for it. Once Linux moves through this, it will be well into it's young adult life. There will still be a lot of growth and "pain" involved but it will move on. While I know many will say, "But Linux has been around for many, many years," I say to them that yes, but it hasn't been tested legally. This will give it the legal ground to move forward and grow.

    I remember several years ago during my early years in college one of my professors saying some time soon somebody would try to profit off of Linux's growth, they would take legal action and try to undermine the base that Linux is founded on. He also said that Linux wouldn't, and in reality, couldn't be a heavy weight contender in the marketplace until something like this has happened.

    I believe that when all is said and done with the lawsuit Linux will be a better off and will show to all the skeptical CEO's and anybody else that is listening that Linux is a great foundation to build their network on and more.

    --
    Art by Mindy Herman, my wife.
    1. Re:Lawsuit Necissary by roystgnr · · Score: 1

      The right to freely use and change and redistribute doesn't make the Cooperate heads comfortable.

      I think you mean "corporate heads". The right to freely use and change and redistribute makes cooperate-heads ecstatic.

    2. Re:Lawsuit Necissary by jfinke · · Score: 1
      I am confused as to this statement:

      Linux is based on a new concept that many people don't understand. The right to freely use and change and redistribute doesn't make the Cooperate heads comfortable.

      How do you explain the fact that bind and sendmail have been in existence since the early 80s driving the Internet. I would imagine even today, those programs touch more traffic on the Internet than everything else combined.

    3. Re:Lawsuit Necissary by Anonymous Coward · · Score: 1, Insightful

      >Linux is based on a new concept that many people don't understand.

      Your comment, overall, was very interesting. I would not say, though, that cooperation is a "new concept", even though many people don't understand it. More like a "forgotton technique".

    4. Re:Lawsuit Necissary by Cyno · · Score: 1

      Unfortunately society will go on ignoring the concepts that make the Linux community such a powerful force.

      People are too cowardly to embrace anarchy, and to accept eachother for what we really are. So..

      Follow the school into the net
      Cuz swimming alone at sea
      Is not the kind of freedom you actually want.

      NOFX

    5. Re:Lawsuit Necissary by LittleKing · · Score: 1

      Yes those have been is use since the early 80s, however, many corporations (I got it right this time) haven't been using Linux on a large scale for their buisness needs (Desktop and everyday use, not just webserver and the likes). Yes, bind and sendmail are some of the early models of this type of software, but Linux wasn't developed until the 90s, and that is what my comment is about.

      I'll grant that I could be completely wrong, but that is the way I see it and I know other see it.

      Linux at this point is obviously more than a hobby and at the end of the day it will bring more people into the light.

      --
      Art by Mindy Herman, my wife.
    6. Re:Lawsuit Necissary by gandy909 · · Score: 1

      Regarding the following from your response:

      "...Add that to the fact that most, if not all, distributions claimed not to take legal responsibility for their products...."

      Read just about any EULA from any proprietary software from any company anywhere in the world. Read many of them. Then come back and tell us which ones do... :)

      They all pretty much say "...you can't sue us no matter what, even though/if our software sucks rocks..."

      --

      (Stolen sig) Remember: it's a "Microsoft virus", not an "email virus", a "Microsoft worm", not a "computer worm
    7. Re:Lawsuit Necissary by Anonymous Coward · · Score: 0

      Add that to the fact that most, if not all, distributions claimed not to take legal responsibility for their products. I believe that after SCO loses their lawsuit that companies will start providing legal immunity to their customers.

      If this is the important point, have a look at the EULAs before pressing "I Agree"!
      It is really interesting to compare the EULAs of all kind different propriatary software products and the licenses of open source. Which vendor provides "legal immunity" or anything similar?
      I would really be interested in a comparison of different licenses!
    8. Re:Lawsuit Necissary by LittleKing · · Score: 1
      You misunderstood what I meant. I understand that most if not all software companies say if something is wrong with the product that a user can't sue.

      But that is not happening with the SCO case. Somebody could sue Microsoft for patient infrigment (Which Eolas is currently doing), but they can't touch the end user because microsoft created the product. Now your going to say (for example) Novell didn't create Linux so they won't protect you. Well, as you can see, Novell has already said that if you use their product with Linux (albiet the distro they specify) that they will take the heat for you.

      --
      Art by Mindy Herman, my wife.
  51. Re:You've GOT to be kidding me! A .zip file ?? by Raven42rac · · Score: 1

    Let me break this down into bite size chunks. Any competent unzipping program for *NIX/*BSD/Mac OS will have the ability to open .zip files. How many Windows unzipping programs play nice with .tar.gz files? I know there are many (Winrar, winace, etc), but for most people, they don't know how to use things that are not a part of the core OS. So they want the most amount of people to be able to read the file. Let us say that 99% of people have cars that only take unleaded gas, but the other 1% have a car that can take leaded and unleaded, do you think they will sell only leaded gasoline? No, because they want to be able to sell their fuel to the greatest amount of people.

    --
    I hate sigs.
  52. Re:Egad by sphealey · · Score: 4, Insightful
    Novell may be on the right side in this particular fight, but since NetWare is the scourge of the Earth, I don't know that we should go nuts here and say we "like" them.
    Out of curosity, have you ever worked with a well-designed, well-engineered, and competently operated Netware network (as opposed to something a guy with 16 hours of CNA training threw together out of the box, although those tend to work fairly well also)? I personally found a lot of capabilities and concepts in Netware that were very useful, flexible, and managable, and are not duplicated in any system on the market today. Just my 0.02.

    sPh

  53. Wow by Spazmania · · Score: 4, Insightful

    Wow. That's just, wow. Publishing the correspondence like that is tantamount to saying, "Screw you. We have nothing more to say outside of court."

    --
    Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
  54. Re:Egad by Anonymous Coward · · Score: 0

    NAT is a peice of shit, yes. It's not totally evil for home use, with the ability to set up port forwarding. Although it WOULD be much nicer if my cheapie little NAT router would let me set static IP's to go with the port forwarding rules... kind of a PITA to get a different DHCP IP and have to fix the forwarding.

  55. Here's a summary... by ArmenTanzarian · · Score: 5, Funny

    Darl: Linux stole our stuff!
    Novell: Where's your proof?
    Darl: They did it, I saw 'em!
    Novell: Where, show me...
    Darl: It's over there!
    [Novell turns around while Darl bolts out of the room]

  56. Oh, get off it. by AKAImBatman · · Score: 1

    Zip files are much better for Internet distribution. Some of the advantages are:

    1. CRC checking
    2. A single extension that won't be screwed up by browsers (granted, you can always use .TGZ)
    3. Better cross-platform support
    4. Ability to extract individual files quickly

    TAR.GZ is much better for archives than Internet distribution. Besides, REAL MEN use TAR.BZ! :-P

    1. Re:Oh, get off it. by Anonymous Coward · · Score: 1, Interesting

      1. That's what MD5 signatures are for
      4. # tar -v -z -x -f foo.tar.gz bar/foo.c
      bar/foo.c
      GNU tar has become defacto standard

      try foo.gz.tar if you are complaining about other overhead.

      2. is rare and you've provided alternate.
      3 is readily granted, which is why I only use tar.gz for things intended for a unix audience.

      Your final comment proves advantage of separating compression from tarball. swapping in various algorithms with ease. Long live the | !

    2. Re:Oh, get off it. by Anonymous Coward · · Score: 0

      Real men use .Z

    3. Re:Oh, get off it. by AKAImBatman · · Score: 1

      Real men use .Z

      If you're still using "compress", you've got issues.

    4. Re:Oh, get off it. by Anonymous Coward · · Score: 0

      ARC rules. LHARC is for LHAmers.

  57. Re:Egad by Anonymous Coward · · Score: 0

    Can't do something because you are behind a NAT box. Indeed. More proof that NAT is the scourge of the Earth, a bandage fix for a networking protocol that was broken by design.


    Couldn't agree more. I could tunnel through the router, but then I'd lose my job if the boss found out. NAT is his firewall.

    So... You think IPv6 will do better (if it's ever mainstreamed)?

  58. karma police by happyfrogcow · · Score: 3, Informative

    kudos to all the karma whores leaching off interesting comments from groklaw. everything posted here is pretty much -1 redundant and available on groklaw when it comes to SCO news these days.

    1. Re:karma police by Just+Some+Guy · · Score: 2, Insightful
      You're right; this stuff is on Groklaw. However, this is Slashdot, and I for one like the fact that people with more time than me have crossposted interesting and relevant snippets of information where appropriate.

      This isn't even a real news site - Slashdot doesn't generate stories of their own. Why do you expect all of the comments to be new, original, and unique to this site?

      --
      Dewey, what part of this looks like authorities should be involved?
    2. Re:karma police by drinkypoo · · Score: 1

      I'm too lazy to go to another site to get my news, especially for information on the litigious bastards. I prefer to just let it come to me. Hence those people are doing me a service, and if I had mod points, they would likely get some of them. Quit your whining about karma whoring. The decision to make karma a part of slashdot was a decision to support karma whoring.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  59. Proof? by Anonymous Coward · · Score: 0

    WTF? .. Novell posting something to back up what they are saying? I don't get it... why?
    Hasn't SCO showed everyone how to say stupid shit and get all the investors attention without any proof? ... ;-P //fatal

  60. Re:Egad by B'Trey · · Score: 3, Informative

    In general, I agree with you. (The problem is made even worse by the fact that Acrobat Reader takes two or three minutes just to load.)

    However, these are not just the text. They are scans of the original documents. The average /. reader may not care at all, and it would be nice to have a text-only repository (check Groklaw within a day or so; they posted the story earlier and were downloading them for review and evaluation) but for legal purposes, it's important to show the original document and not just the text.

    --

    "The legitimate powers of government extend only to such acts as are injurious to others." Thomas Jefferson.

  61. Re:Egad by eln · · Score: 1

    Probably not, since my experience with Netware has mainly been in academia. I'm willing to concede that, like most systems, Novell can be useful if properly configured and maintained. But then, where's the humor in that?

  62. Re:Egad by Anonymous Coward · · Score: 0

    I've done this for ages and I see little wrong with it. The heart of ./ is the comments, not the article anyway.

  63. Just for giggles... by Whatthehellever · · Score: 3, Funny

    ...Novell should publicly revoke SCO's licene to Unix.

    Holy shit, that would be interesting... and funny.

    --

    ---
    IMHO, of course.
    May the SOURCE be with you.
    1. Re:Just for giggles... by Bilbo · · Score: 1
      > Novell should publicly revoke SCO's licene to Unix.

      Don't laugh. If Novell can prove that SCO is in breach of contract (especially with regard to the "amended" agreements with Microsoft and Sun which they are basing all their reported profits on), then they just might do that.

      --
      Your Servant, B. Baggins
  64. Novell Releases SCO Letters by frisc · · Score: 0, Interesting

    Much of the copyrighted work is not Novells for Unix 386. The copyright is invalid. I have source code to prove it.

  65. Re:Egad by webtre · · Score: 1

    From 12_29_03_n-sco.pdf:

    ----------

    Dear Mr. Bench:

    On November 21st, 2003, Novell requested additional information and
    documentation necessary to complete the aformentioned audit. Novell has
    not received a response to these requests.

    The purpose of this letter is to repeat Novell's request stated in the letter you
    received November 21st, 2003 and ask SCO to return a full response no later than January 12th, 2004.

    Sincerely,
    [Signature]
    Mike Bready
    Director, Contact Management
    [---END---]

    --
    litigious bastards
    suck it sco!
  66. Lawsuit won't change anything by nuggz · · Score: 1

    This isn't required, and it isn't groundbreaking.
    The 'established' industry didn't change in this way, why would this new method act as described.
    (Edited to make a point)

    Some might not argee with me.
    I have believed that couldn't be considered a completely viable choice for many companies until something like this happened. Why? Because it hadn't been tested.

    Take no right to inspect, review repair or modify the product. Add that to the fact that most, if not all, distributions claimed not to take legal responsibility for their products. I believe that after (Pick a software company) loses their lawsuit that companies will start providing legal immunity to their customers. (Name one closed source company that does)

  67. Re:Lawsuit Necessary by cant_get_a_good_nick · · Score: 3, Interesting

    I see your point, but AT&T tried essentially the same case with FreeBSD a while back, and that hindered BSD development and take-up very much. The situation is a bit different now, with a lot more people having commercial interests in Linux than in FreeBSD, and Linux just has a lot more momentum than FreeBSD did at the time (it essentially was just a research project for most folks). Linux himself has written essentially that he never would have written Linux, he just would have used FreeBSD (Net/1 anyway) if it wasn't for the shadow of the lawsuit over it.

  68. IBM Could Produce A 5 Year Old Child... by MuParadigm · · Score: 4, Funny


    "Hell IBM could produce a 5year old child that could write header file..."

    And his name is Linux?

    1. Re:IBM Could Produce A 5 Year Old Child... by Anonymous Coward · · Score: 0
      Let's see here --

      Toys everywhere? Check.
      Not a shred of logic to be found? Check.
      Hilariously unreasonable? Check.
      Finds girls 'icky'? Check.
      Resorts to insults over meaningful debate? Check.

      I think you're right, it is linux.

  69. 1st post by EZEZ... by Anonymous Coward · · Score: 0, Interesting

    Did you really register just to write that?

  70. Re:The impact of the lawsuits in our enterprise by Just+Some+Guy · · Score: 3, Funny
    I've been working in IT field for nearly 30 years ... perpetuate the release of Open Source operating system vis-a-vis in order to accentuate the capability

    If the second half of that quote rolls off your tongue that easily, then I think you've been in IT management longer than engineering.

    --
    Dewey, what part of this looks like authorities should be involved?
  71. The Unanswered Question by telstar · · Score: 4, Funny

    I'd like to know how SCO can possibly claim others have infringed on their intellectual property when they've clearly shown that they have absolutely no intellect.

    1. Re:The Unanswered Question by zCyl · · Score: 1

      I'd like to know how SCO can possibly claim others have infringed on their intellectual property when they've clearly shown that they have absolutely no intellect.

      Stupidity is their intellectual property. And as we all know, there are certainly enough unauthorized uses of stupidity.

    2. Re:The Unanswered Question by Anonymous Coward · · Score: 0

      "Stupidity is their intellectual property. And as we all know, there are certainly enough unauthorized uses of stupidity."

      Now, that is a quote to remember.

  72. Your poor analogies aside... by Anonymous Coward · · Score: 0

    >How many Windows unzipping programs play nice with .tar.gz files?

    You list some obscure products but then fail to mention WinZip - the daddy of them all, that plays very nice with tar.gz!

    Sheesh!

    1. Re:Your poor analogies aside... by Raven42rac · · Score: 1

      I said "etc". I am not going to list every fucking unzipping program there is. Natively Windoze XP does .zips. Roughly 50% of web traffic is generated by Windows XP boxes. And yes, mac os x unzips pretty damn much everything, I was just pointing out the woeful inadequacy of Windows built-in unzipping, which it only added in 2001. Would you be happy if they only released a .deb or a .rpm? Or perhaps an archive only readable on an OS they made themselves? Get real.

      --
      I hate sigs.
    2. Re:Your poor analogies aside... by Raven42rac · · Score: 1

      Besides, they were comparisons.

      --
      I hate sigs.
  73. Begs the question...? by yoshi_mon · · Score: 1

    Naturally he would not wish to be the one to sign a false earnings statements.

    Who was the poor sap that they found to sign those statments?

    --

    Really, I know what I'm doing...Ohhhh, look at the shiny buttons!
    1. Re:Begs the question...? by codepunk · · Score: 1

      He has already quit, coincidence???

      --


      Got Code?
    2. Re:Begs the question...? by yoshi_mon · · Score: 1

      But someone had to sign them. The feds are normally pretty anal about that kinda stuff.

      --

      Really, I know what I'm doing...Ohhhh, look at the shiny buttons!
  74. Someone mod the parent down. by hackhound · · Score: 1

    This is completely irrelevant, not to mention childish...

  75. WINZIP (nt) by Anonymous Coward · · Score: 0

    You ignorant asshole!

  76. Re:Egad by DjReagan · · Score: 1

    Groklaw has a bunch of them transcribed into text in the comments to their story on this.

    --
    "When I grow up, I want to be a weirdo"
  77. Astroturfing? by Anonymous Coward · · Score: 3, Insightful

    This is really interesting.

    1. A newbie comes from nowhere, posts an SCO press release and gets a +2 moderation.
    2. Somebody points out that it's the 1st post ever by EZEZ and gets moderated down right away.
    3. My prediction is that this one will also be moderated down.

  78. Mirror in Sweden by fredan · · Score: 1

    Here's the files and there descriptions!

    The "copyright registrations" is downloaded and availible online. I'm working on the "correspondence with the SCO Group", which is downloading as I write this (with 80% left).

    1. Re:Mirror in Sweden by fredan · · Score: 2, Informative

      Now I have both the "Novell's UNIX copyright registrations" and "Novell's correspondence with the SCO Group" pdf's and zip's online.

      Happy reading!

  79. All this hupla. Over Unix License. by jellomizer · · Score: 4, Funny

    You know what they should do is make a Unix Like operation system without using any of the Unix code and just freely release it under the GNU then we shouldnt have these problems any more... Oh Wait... Never mind.

    --
    If something is so important that you feel the need to post it on the internet... It probably isn't that important.
  80. Re:SCO Reiterates Ownership of Unix Intellectual by Anonymous Coward · · Score: 0
    Yeah, sure. That's why SCO only filed for copyright ownership after the lawsuit got started.

    And that's why SCO's claims are so damn convincing they have to keep everything super-secret.

    And that's why they used a team of MIT mathemeticians to perform a spectral analysis of Linux source code to find "their" IP.

    Whatever happened to SCO's team from MIT, anyway?

  81. Re:SCO Reiterates Ownership of Unix Intellectual by (startx) · · Score: 5, Insightful

    I was going to mod you up, but I decided to respond instead. Notice how everything in this SCO press release refers to previous SCO and Novell press releases. They don't mention a single contract, or anything else that would hold water in court. SCO knows press releases do _NOT_ mean anything in court. Hurray for everyone's favorite pump & dump scheme.

  82. Re:The impact of the lawsuits in our enterprise by Valdrax · · Score: 4, Insightful

    It would be wiser for McBride to perpetuate the release of Open Source operating system vis-a-vis in order to accentuate the capability contained within them.

    Heh. Business lingo aside, it very much wouldn't have been wiser for the owners of SCO's OpenServer UNIX to have done so. Linux has completely eaten SCO's lunch with the exception of fields where necessary products for the operation of a business are available only (or cheapest) on SCO's OS line. Real, cheap(er) *NIX for mass market hardware instead of highly marked-up "big iron" was SCO's market before Linux came along and did everything SCO did better for free. SCO's OS line is dying, and there's pretty much nothing that they could've done to save it as a sellable products.

    Instead, SCO acted in what an Ayn Rand-ite would've called its own "rational self-interest." SCO knows that its major source of revenue is going to be useless soon, so it's attempting to get another one. Building essentially a completely new software product line in a new market niche is far too high-risk and too low of a payoff compared to attempting to exploit the IP that they think they own. The current spate of lawsuits is a high-risk gamble too, but it's one with a much, much larger potential payoff.

    Also, there's the whole principal-agent problem caused by the fact that the future of the executives of the board is not strongly yoked to the company going down in flames. Together, you have a recipe for callous, self-interested behavior by people who are committed to the idea that money is the best measure of success.

    Instead we have been deploying Solaris and Mac OS X for the satellite locations.

    Congratulations, you have played into SCO's hands. You have not adopted the platform that has killed theirs, and you have given money to Sun, a company that has decided to pay SCO a license for the product you purchased. This is exactly what SCO was hoping for.

    --
    If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
  83. winzip by doug · · Score: 1

    Last time I checked WinZip could handle tar'd and gzip'd files with the exception that they didn't handle links. Since there is no need for links in something like this, I don't see where MS Windows systems would have any problems at all.

    I don't know much about older Macs, but the OSX crowd shouldn't have any problems either.

    I personally use tar all the time because it is such an old beast that many different programs can handle it. It is an ugly format, but it was made for tapes, so some amount of cruft is to be expected.

    - doug

    1. Re:winzip by raodin · · Score: 1

      Winzip isn't a part of the OS, either. (though it is much more common than winrar or winace) AFAIK, the only archive format XP handles out of the box is .zip. And there are a lot of people out there using XP.

  84. Re:Egad by dackroyd · · Score: 1
    The problem is made even worse by the fact that Acrobat Reader takes two or three minutes just to load.


    If you're feeling brave -
    1) Go to you acrobat reader directory, something like C:\Program Files\Adobe\Acrobat 5.0\Reader -
    2) make a new directory called plug_ins_disabled

    3) move everything from plug_ins to plug_ins_disabled apart from EWH32.api, hls.api, weblink.api, wha.api

    4) Watch with amazement as Acrobat reader now starts up in 3 seconds.

    OR

    4) Curse that dimwit on slashdot who broke your computer....

    Obviously don't blame me if it breaks anything on your compuiter.
    --
    "Free software as in beer, copy protection as in racket" - Telsa Gwynne
  85. Jesus, SCO! by Jerk+City+Troll · · Score: 1

    You guys sure are a bunch of litigious bastards! Darl, please calm down! You can make more money and a better name for yourself if you do something useful.

  86. Re:Egad by shrubya · · Score: 2, Insightful
    You want humor? How about this:
    The University of North Carolina recently had trouble locating a Netware server at one of its academic departments.
    The school's IT staffers followed cables until hitting on one they thought would lead to the elusive server. Sure enough, say UNC officials, they found it, still operating, alone in a small enclosure. The officials say it had been mistakenly walled in by drywall built by maintenance workers.
    Curious IT workers dug into records and it appears the server had been in solitary for at least three years.
    Try that with a Windows (or SCO) server...
  87. will I be sheilded? by DrSkwid · · Score: 5, Funny

    You are sheilded from loosing basic assets

    What if you are walking past and some of these loosed assets fly toward you. I imagine a flying fridge could take your eye out!

    --
    There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    1. Re:will I be sheilded? by Net_Wakker · · Score: 1
      I imagine a flying fridge could take your eye out!
      Actually, somewhere in Holland a few weeks ago, a kid riding his bike was hit by a flying fridge. Apparently, someone threw it out a high story window window without looking. Kid only broke his arm, and his bike was damaged, iirc.
    2. Re:will I be sheilded? by Net_Wakker · · Score: 1
      Just following up on myself:
      high story window window
      Does it help if I pretend it was double-glazing or how do you spell that?
  88. Darl to Utah court.... by krusadr · · Score: 1
    Fuck you, your wives, and your bastard kids.

    ALL my wives your honour,
    Sorry but that's why I missed the deadline....
    --
    while sco {
    wget -O /dev/null http://www.sco.com?sco=litigious%20bastards
    }
  89. Remember to let SCO know how you feel. by Jerk+City+Troll · · Score: 5, Interesting

    The movement to link litigious bastards to http://www.sco.com/ would be more interesting if we all let SCO know exactly how you feel. Make sure your link says http://www.sco.com/?sco=litigious%20bastards. (The query parameter will naturally appear in their server logs.)

    1. Re:Remember to let SCO know how you feel. by Famanoran · · Score: 1

      I note that the SCO homepage title is "SCO | SCO Grows Your Business" - shouldn't that read "SCO | SCO Sues Your Business", or even "SCO | SCO Sues Your Community"?

    2. Re:Remember to let SCO know how you feel. by TheUser0x58 · · Score: 1
      For the record, http://www.google.com/search?q=litigious+bastards currently turns up a blog entry ranting about metallica's lawsuit.

      It might be hard to beat metallica, but here's doing my part. Litigious bastards

      --
      -- listen to interesting music, support independent radio... WPRB
  90. Interesting SCO is Paying Novell???? by big-giant-head · · Score: 4, Insightful

    How can they claim complete ownership of something that they are paying another company royalties on??? I'm no lawyer, but that implies Novell owns the copyrights.

    I'm no lawyer, but I am an author and my publishers have to pay me royalties BECAUSE I OWN THE COPYRIGHTS TO MY WORKS. The same would apply here. So SCO doesn't even hold the copyrights, what a twisted web Dark weaves.

    --

    So Long and Thanks for all the Fish.
    1. Re:Interesting SCO is Paying Novell???? by hendersj · · Score: 2, Informative
      I'm no lawyer, but I am an author and my publishers have to pay me royalties BECAUSE I OWN THE COPYRIGHTS TO MY WORKS.

      Actually, based on my own experience (having co-authored a couple of books and contributed to a few others, and having worked as a technical reviewer), the publisher holds the copyright until the work is declared out of print, then the rights revert to the author. The author receives royalties because they wrote the content, and that's how they get paid.

      Payment frequently comes in the form of royalties, or as a flat fee, but if an advance is given, that advance is issued against the royalties (it's more of an interest-free loan than anything, because it has to be paid back).

      The reason most publishers do this is so the author can't use the material somewhere else, allowing the publisher to make money off the work as well without having to worry about the author republishing the work with another publisher or through a different medium.

      --
      Insanity is a gradual process; don't rush it.
    2. Re:Interesting SCO is Paying Novell???? by big-giant-head · · Score: 1

      Don't know everyone's situation is different. Several of my friends are lawyers, they all told me to copyright my own stuff, before submitting it to a publisher, so I have always done that. Now I have to sign something allowing the publisher to basically do whatever they want in regards to publishing, but I retain the copyrights. I have had a couple of publishing houses (who will remain un-named) refuse to deal with me because I own the copyright, but I would rather do it my way.

      --

      So Long and Thanks for all the Fish.
    3. Re:Interesting SCO is Paying Novell???? by d-e-w · · Score: 1

      The printer holds the print rights until the work is declared out of print, not the copyright.

      There's a whole system of rights built on top of copyright in publishing and it can be fairly confusing. It's determined by the contract you signed. You've likely signed an exclusive agreement regarding your first north american serial rights.

      You never want to sell all rights (which includes copyright) because you'll never get that copyright back.

    4. Re:Interesting SCO is Paying Novell???? by hendersj · · Score: 1

      Nope, my first contract explicitly reads that once the book is declared out of print by the publisher, the rights revert to the authors. That was actually quite significant to us, because the contract specifically stated that the publisher had to have first right of refusal on other books on the same material, and when it became apparent they didn't want to do a second edition, we wanted to go with a different publisher.

      Long story short, the rights reverted to us about 3 days before the new book was published. Fortunately, there was never any possibility of litigation over it, because the publisher messed the contract up (they put the wrong topic in the non-compete clause, we had a lawyer look at it, and he said we were fine because of that mistake).

      I seem to recall that part of the reason for this had to do with translations of the published work, as I do know one edition of the first book was translated to German, and an edition of the second book was translated to Chinese.

      The rights on the second book (different publisher) seem a little strange, because the original publisher renamed themselves, then was acquired, and then the imprint was transferred to yet another publishing house. The end result is that with the new edition in the works, I have rights to the material I wrote, and I'm actually legally not in a position to contribute new material to the new edition, so the publisher had to seek permission from me to use the material I had previously written.

      It's definitely a maze, no doubt about that. The first contract was so much simpler.

      --
      Insanity is a gradual process; don't rush it.
    5. Re:Interesting SCO is Paying Novell???? by hendersj · · Score: 1

      Don't know about your situation - in mine, we were looking for a publisher to fund the creation of the work, so we submitted outlines to a number of publishers, got advances to purchase equipment, and went from there.

      That probably made a big difference - we didn't have anything to copyright before we talked to the publishers.

      The only thing that's been an issue for me with the arrangement in the contracts I've had in the past was that the publishers waited too long for a new edition, and then the sales didn't support writing a new edition (this is for technical books, so the information does become dated after a couple years). The last time it was due to an acquisition of the publisher that basically put the brakes on the new edition, then when the new publisher got things squared away, the window had passed.

      Makes me kinda glad now that I'm writing outside of the publishing world - I write the books I use for my training classes, and I can update them any time I want. It's so much easier that I'm seriously considering investing in my own copy of FrameMaker and Acrobat to self-publish.

      --
      Insanity is a gradual process; don't rush it.
  91. Recent datings. by Stonent1 · · Score: 1
  92. Re:Egad by SoCalChris · · Score: 1

    A side note about pdf's...

    Any time I load one using Firebird, it loads fine, but when I try to leave the pdf file, Firebird freezes. I have to kill the reader, then restart Firebird. It seems to have started this when I upgraded Acrobat Reader to 6.0.

    Does anyone else have this issue? I'm running Windows XP Pro, Firebird 0.7, and Acrobat Reader 6.0.

  93. The Real Question: Canopy Group? by Anonymous Coward · · Score: 2, Interesting

    The real question herein is not 'how long before SCO is a smoking crater?' but 'how long until the Canopy Group is a smoking crater?'.

    Whatever Daryl may do, it seems that Canopy Group benefits from this. IBM's discovery has gone after all the documents regarding SCO's plans to launch the lawsuit, specifically including any collaborations with Canopy.

    Given the apparent grounds for fraud and financial chicanery charges, we will likely see Daryl cooling his heels at club Fed. But if, as seems likely, Canopy Group had any part in this, Daryl's puppet masters may join him there.

    It would be good to see the old adage "crime doesn't pay" play out. The mills of the justice system grind slow, but they will probably grind exceedingly fine with IBM pushing and oiling the wheels.

  94. MOD PARENT UP by tigre · · Score: 1

    Although the grandparent is informative, if we're looking at both sides we need to question the source, which this, and other posts have done.

  95. Re:Egad by Anonymous Coward · · Score: 0

    Novell may be on the right side in this particular fight, but since NetWare is the scourge of the Earth, I don't know that we should go nuts here and say we "like" them.

    Translation: "I once had to use a Netware server and I found it strange. Any technology outside the familiar scares me. In fact, I don't know why I'm even visiting /."

  96. Smeagol by RealSalmon · · Score: 5, Funny

    Tricksey penguinses . . . we told you they were false. They stole it from us . . . They stole it and we wants it back. Gollum, gollum.

    --

    -B

  97. re: Grenade : may I suggest by DrSkwid · · Score: 1

    Only during testing did they find that thermonuclear hand grenade's blast radius was further than anyone could throw it.

    May I suggest a trebuchet.

    --
    There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
  98. I am sure it is all very interesting, but... by tiger99 · · Score: 5, Insightful
    ... the servers are so overloaded that I have not been able to read much of it. I wonder why?

    But, having seen the first file, I really do wonder if McFraud believes CEOs of companies such as Novell really need to be told, in words of one syllable, what Linux is and why its development model differs from proprietary software. It seems to me that he is the one who fails to grasp the situation. He really seems to be unable to grasp that huge teams of programmers are not the way to develop good software (as the Convicted Monopolist has proved time and again...) he does not seem to comprehend that anyone with a brain, a PC and a compiler is able to develop good code, if they want to. Many of course would not bother with the learning curve, they would rather do other things, which is OK of course, but they probably could, if they wanted to. The clever people will certainly create bigger programs of better quality quicker, as we all know. But none of this involves the race of supermen, with super facilities, which McFraud seems to suggest are necessary. Mere mortals, with slowish PCs, simply take a bit longer, but because there are lots of them, each doing their own little bit, and putting the bits together occasionally, it still happens at a respectable pace.

    I think that like another nasty piece of work we like to revile on /. (the one who missed the Internet for several years, despite prodding from his employees, who now calls himself the Chief Software Architect), he simply is too stupid to understands what it is all really about.

    Unix as a money-spinner has had its day (and thanks to stupid commercial and legal issues it never did spin as much money as it could have), in fact the OS as such has had its day. Wise companies like IBM, Sun, Oracle, Novell realise that now, and know that the future for them is in building hardware (if they are in that business) and/or providing middleware and support. McFraud is simply living in the past. BTW, the next thing to expire as a money-spinner will be the "Office" suite, they are almost two-a-penny now (strictly, two for zero pennies for the pedantic), a far cry from the $400 spreadsheet or WP originally. The fact is that like commodity hardware, commodity software is starting to get very much cheaper. In fact hardware costs are the driving force. It once may have seemed reasonable to put a $400 Lotus 1-2-3 on a $4000 PC/AT (guessing at prices, from the vague recesses of my fading memory, they might not be quite right), but to put a $400 Office suite on a $300 PC is sheer folly. The economies of scale apply to software far more than to hardware, likely marginal cost of an Office suite about $1 for the box and CD, but the Monopolist, the Fraudster and such like have tried to conceal that fact from the gullible public.

    I look forward to reading more of McFrauds rantings when the load on the servers subsides.

  99. Re:Egad by SlashDread · · Score: 1

    Netware!? Blasfemy!
    Surely the market has already decided that NT 4.0 + Exchange is a superior product!

    Exchange ownz the SMB market, and the MCSE training I had, had this specific question: Exchange is right up there with Notes, and Groupwise!
    Also, my NCA exams, did NOT contain a question bout what software is regarded a groupware product, so the MS exam MUST be right!

    And all types of MS machines are fileservers, after all they invented network sharing, so "netware" can only be a cheap ripoff of MS IP.

    -Sigh-, does anyone here even _remember_ LAN manager? Oh those good ole days, where OS'ses where like, compatibel.

    "/Dread"

  100. Re:Egad by B'Trey · · Score: 1

    Damn! That rocks.

    I use 6.0 rather than 5.0, and wha.api doesn't exist. If I include weblink.api, I get an error that it failed to load. Perhaps it depends on something that was in wha.api that got moved to a different .api. I'll have to play with it a bit.

    --

    "The legitimate powers of government extend only to such acts as are injurious to others." Thomas Jefferson.

  101. Posting as AC is not as convincing by psgalbraith · · Score: 1

    It would be wiser for McBride to perpetuate the release of Open Source operating system vis-a-vis in order to accentuate the capability contained within them.

    Huh?

    We would have deployed several Linux server had it not been for the imminent threat of a potential SCO lawsuit for our consulting firm.

    That might be true, might be a troll, or might be a plant to link to from a finance message board to push up the stock price. We'll never know since you post as AC.

  102. Re:The impact of the lawsuits in our enterprise by Anonymous Coward · · Score: 0

    HAHAHAHAHAHA dumbass

  103. Re:Egad by October_30th · · Score: 1
    I have this problem as well, except that Firebird/Acrobat freezes at the moment the file is being opened.

    I'm running XP, Firebird 0.7 and the full version of Acrobat 6.0. Acrobat Reader 5 works just fine.

    --
    The owls are not what they seem
  104. Re:bah! - A better graph by zenslug · · Score: 1

    Check the past year's performance of SCOX. The last five days (as posted and linked above) has indeed seen a big drop, but nothing like the rise of the last 12 months. Fairly telling.

  105. Those Linux thieves stole it! by Garabito · · Score: 0

    May 12, 2003, SCO (with Gollum voice):

    The thieves! Those Linux thieves stole it from us!

  106. Re:Lawsuit Necessary by An+Anonymous+Hero · · Score: 1
    Linu[s] himself has written essentially that he never would have written Linux, he just would have used FreeBSD (Net/1 anyway) if it wasn't for the shadow of the lawsuit over it.

    That's interesting, do you have a source/url at hand for the quote? (Not questioning you -- only this piqued my curiosity, and the words seem too generic to google.)

  107. Novell to SCO by Jesrad · · Score: 3, Funny

    That licence... ... I don't think it means what you think it means.

    --
    Maybe we deserve this world ?
  108. The second to last referenced letter... by Anonymous Coward · · Score: 2, Informative

    The second to last referenced letter contains the phone number of the SCO lawyer. 8-).

  109. Re:The impact of the lawsuits in our enterprise by cayenne8 · · Score: 1
    "I'm currently on assignment at a multi-national fabric manufacturer which is currently transitioning their IT operations to India (payroll, research, and marketing support)."

    I also think he's in IT Management...he isn't the least upset that his assignment is moving much needed jobs from the US to another country...the dreaded 'outsourcing' monster doesn't seem to attach management positions...

    ......yet.

    --
    Light travels faster than sound. This is why some people appear bright until you hear them speak.........
  110. mirror by Anonymous Coward · · Score: 0
  111. I like little white girls. by Anonymous Coward · · Score: 0

    See subj.

  112. Re:Egad by mahdi13 · · Score: 1

    Good point about having them as original scans, I change my argument to being a choice.
    Give us text only AND the PDFs =)

    --
    "Some things have to be believed to be seen." - Ralph Hodgson
  113. Lose... LOSE!!! Not fucking Loose, ya dumbass by Anonymous Coward · · Score: 0

    Jesus Fucking Christ on Crutches but you fuckers
    can't spell correctly.

  114. Novell As Superhero by the_mad_poster · · Score: 2, Interesting

    Is it just me, or does it seem like every time we saw back-peddaling or inaction from SCO on some assinine demand it's because Novell beat the slop out of them with "Section 4.16(b)" of thier software agreement on UNIX licensing?

    They even cracked SCO upside the head on behalf of IBM once or twice about SVRX licensing.

    --
    Alito: A vote for Alito is a punch in the eye to put that bitch back in her place!
  115. EZEZ is an SCO shill by Raffaello · · Score: 5, Insightful

    Not posting AC, so this may actually get read:

    People, please realize that EZEZ is just shilling for SCO.

    This is really interesting.

    1. A newbie, EZEZ, comes from nowhere, posts an SCO press release and gets a +2 moderation.
    2. Somebody points out that it's the 1st post ever by EZEZ and gets moderated down for pointing out the suspiciousness of EZEZ's posting history (none) and posting content (an SCO press release).

    1. Re:EZEZ is an SCO shill by Citizen+of+Earth · · Score: 1

      This is really interesting.

      May it's more interesting that Darl McBride is now a Slashdot poster.

  116. Re:The impact of the lawsuits in our enterprise by Anonymous Coward · · Score: 0
    he isn't the least upset that his assignment is moving much needed jobs from the US to another country

    Chill out, this was an obvious troll, designed to get exactly this reaction. (Cf. ending in "Which is nice".)

  117. Sorry I drifted off after you wrote "SCO said" by Anonymous Coward · · Score: 0

    Since I started telling the truth to myself
    and those around me..... I don't fucking
    trust ANYONE.

    90% of the people I meet will lie to you about
    stupid shit for the most obscure reasons.

    Absolutely amazing to watch it from my point of view
    now. I'm sure I was exactly the same way.

    BTW..... depending on how deeply you've dug your hole,
    your life will most likely get WORSE when you start
    telling the truth.(A lot of people will be pissed at you for sure)
    Hang in there, keep moving ahead
    and telling the truth and I promise, In a few years you WILL
    be overjoyed you did.

    The difference is like night and day. :)

  118. Novell vs SCO litigation now almost a certainty by jebel417 · · Score: 3, Interesting

    And such a lawsuit would breach a huge hole in any SCO vs Linux end-user lawsuit. Such a suit would almost certainly gain a quick, long-term stay pending the outcome of Novell vs SCO battle for the Unix copyrights. (aw geesh your honor, I didn't really know who owned the copyrights, I don't know who to pay, there's a battle going on in court for it right now, etc). And that litigation would probably take years. Meanwhile IBM and Red Hat vs SCO would continue....

  119. enemy of my enemy by Bob+the+Hamster · · Score: 3, Insightful
    Novell, the enemy of the enemy of my enemy who is the enemy of my greater enemy, is my friend, I think.

    I am glad to see SCO being struck down, but I am not happy to see Unix copyrights and contracts being used to do it. Remember this it does NOT MATTER who owns Unix, because SCO's claim that Linux is an unauthorized derivative work of Unix is B.S.

    Novell may be the friend of the GNU/Linux community now, but remember, SCO was a friend of Linux once too, before they changed hands and fell under the control of scumbags. What will Novel be like 10 years from now? What will IBM be like 10 years from now? Remember that Unix ownership is NOT Linux ownership.

    1. Re:enemy of my enemy by Eunuchswear · · Score: 1
      SCO was a friend of Linux once too, before they changed hands and fell under the control of scumbags.
      Nope, you got that the wrong way round.

      SCO fell into the hands of Caldera.

      I.E. it's the "friends of linux" who are doing this.

      All this is the last gasp of the fools who bought into the linux part of the dotcom booooom.

      --
      Watch this Heartland Institute video
    2. Re:enemy of my enemy by shaitand · · Score: 1

      It's Canopy who is doing this, NOT Caldera, this began when SCO shifted into Darl McBride's hands.

  120. Re:The impact of the lawsuits in our enterprise by Anonymous Coward · · Score: 1, Informative

    Instead, SCO acted in what an Ayn Rand-ite would've called its own "rational self-interest"...

    If you're going to use a concept from a philosophy from which you disagree, you should at least define your terms correctly.

    Rational? By what standard?

    There's nothing wrong with self-interest. Selfishness is a virtue after all. The problem is with your horrid abuse of the term rational. Is it rational to make claims that are not based on fact, which if validated by the courts will invalidate the legal system, thus leaving your company open to the whims of whatever lawsuit du jour someone happens to come up with?

    SCO will lose, and it will lose because its claims are not rational. And because its claims are not rational, they are not in its self-interest...because when a corporation loses on this scale, it goes "pop!".

  121. Re:Egad by Reziac · · Score: 1

    [blink] 2 or 3 minutes??

    For comparison, I have Acrobat 5 *full* version (not just the reader) on this lowly P3-550, and it takes about [times it] 6 or 7 seconds from click-shortcut to fully loaded, even for a rather complex 2mb PDF.

    Tho I agree, I would have rather had text .. 70mb or whatever the total of Novell's files comes to, is WAY too rich for my dialup. Even text with disclaimers that "these are not originals and should not be treated as legal documents", if that's an issue.

    Has anyone repacked 'em as text? Groklaw is kindof a pain to wade through.

    --
    ~REZ~ #43301. Who'd fake being me anyway?
  122. IANAL. by lathama · · Score: 1

    However I have this strange ability to read.

    >

    Read more:
    http://www.sco.com/scosource/Final_SCOsourc e_QandA .html

    --
    The GPL, for those that truely understand.
  123. Re:Lose... LOSE!!! Not fucking Loose, ya dumbass by JasonBee · · Score: 0, Offtopic

    Waaaay off-topic (spawned?)

    Sigh...I agree

    I say re-compile the Slashcode and stick a Spellchecker in there!

    Mind you I'm to blame many times too...

    There/Their/They're
    Loose/Lose
    It's/Its

    I'm losing my mind (and a piece of my soul) every time I see the apostrophe-s in weird places. It used to be that in Journalism class (in 1995 no less!) we would get 1/10th of a letter grade for every spelling or grammatical error found in a printed piece (Journal, Newspaper, etc...online would eventually count where newpapers of CNN-types are concerned).

    I had to try hard as hell to get five or six errors...in Arkansas no less.

    Nowadays even the Globe and Mail here has numerous errors and I'd have gotten 30 or 40 my first week alone.

    This is an online forum so let's be a little easy of people...lest you be stabbed in the heart from being too freaking hard on people.

    Just let your soul whither my friend...it's only gonna get worse anyway ;)

  124. Re:"obligatory *" by Anonymous Coward · · Score: 0

    Much like how you can't be bothered with "editting" your own post for spelling errors?

  125. A gross misunderstanding by Mr.+Darl+McBride · · Score: 5, Funny
    Once again, I would like to reiterate that this is an SCO IP issue. Our IP is all over Linux.

    Ladies and gentlemen, today I would like to show you exactly what I mean. For Exhibit A, I would like to show the contents of /etc/hosts where you will clearly see our IP:

    127.0.0.1
    Exhibit B, the output of traceroute, where you clearly see that this 127.0.0.1 is SCO's IP, ZERO hops from our main...
    1. Re:A gross misunderstanding by Anonymous Coward · · Score: 0

      I have a working interface to that IP!

  126. Re:Egad by ralf1 · · Score: 2, Informative

    There is a degree of compatability in Netware. Versions 6+ will speak CIFS, NFS, and Appletalk in addition to Novells NCP. A MS, Unix or Apple box (server or desktop) can talk natively to a NW server. You can even make a NW box a member of a MS domain.

    --
    "Would you, could you, with a goat?" Dr Seuss
  127. Come on, mods, funny, FUNNY. by Ayanami+Rei · · Score: 1

    You people here have no pop-culture sense at all!

    I think we can bump Kevin up from 6 to about 3 for everyone since he did that turning-invisible scene where we got to see his kibbles and bits without the skin.

    --
    THIS THING CAN TURN ON A DIME, MACROSSZERO STYLE ALSO FUCK BETA, ~NYORON
  128. Re:Egad by Anonymous Coward · · Score: 0
    Any time I load one using Firebird, it loads fine, but when I try to leave the pdf file, Firebird freezes. I have to kill the reader, then restart Firebird. It seems to have started this when I upgraded Acrobat Reader to 6.0.
    Well, they work just fine using the PDF viewer built into Konqueror. Try firing up Knoppix or Slackware LiveCD on your system and using that to look at them.
  129. having just finished reading all of the PDFs by log0n · · Score: 2, Interesting

    SCO looks like it's trying to make a final hurrah to ensure it has a legacy with which it will be remembered.

    Why are they doing this? Are they aware of their company crumbling from the inside *before* this Linux attack started?

    1. Re:having just finished reading all of the PDFs by djeaux · · Score: 1
      Are they aware of their company crumbling from the inside *before* this Linux attack started?

      I believe SCO was well aware that their company was on shaky ground & that that was the #1 reason for their spurious attempt to force all Linux distributors to pay them a fee. SCO may not be good at making money selling software, but they are good at making money with litigation.

      Barring a successful lawsuit (which now looks like a long shot), McDarl has already entertained the possibility of a buyout. This reinforces the contention that SCO was pretty wobbly to begin with.

      There might be a reason that McDarl has a bit of a hardon for Novell: McBride bio.

      --
      "Obviously, I'm not an IBM computer any more than I'm an ashtray" (Bob Dylan)
  130. Re:Egad by Anonymous Coward · · Score: 0

    Well, assuming we all ditched NAT and used IPv6, you could poke a few holes in the firewall just for yourself, while leaving everyone else (boss included) protected from the badguys.

  131. I also like Novell's New logo by Anonymous Coward · · Score: 0

    I also like Novell's New logo at the bottom of their page. "Indemity Available"
    http://www.novell.com/img/novell_indem nity.gif


  132. Thank you for the chance... by worldcitizen · · Score: 5, Insightful
    ..to point out that reading SCOX press releases _and_believing_ them at face value is dangerous stupidity.

    Just go read the documents. It clearly says: All rights _with_the_exceptions_listed_. Uh, oh, small omission, right? go to the exceptions list and you will see that nearly ALL Trademarks, Copyrights and Patents are excepted.

    Apparently all the Intellectual Property that was transferred in the original Purchase Agreement were the trademarks UNIX and UnixWare. The open group now owns the UNIX trademark so all the Intellectual property left is the trademark to UnixWare. Now you know why you haven't seen a lawsuit for "intellectual property" from SCOX.

    Amendment 2 indicates that additional rights may be transferred. Correspondence indicates that this transfer has not taken place (even A2 validity seems to be still "unverified")

  133. Re:Egad by ajs318 · · Score: 1
    it WOULD be much nicer if my cheapie little NAT router would let me set static IP's to go with the port forwarding rules...
    Just get an old PC -- anything with >16MB of RAM, 1GB of disk space and two ethernet cards will do -- stick Linux on it, and use that to do your NAT. Have the router just pass everything straight through -- use it as though it were an ADSL-to-ethernet converter -- and use the Linux box to do all the donkey work.
    --
    Je fume. Tu fumes. Nous fûmes!
  134. http://www.sco.com/novell by EZEZ · · Score: 1

    If you actually read this press release you'd see it was mentions content at: http://www.sco.com/novell I thought this was worrying for all you arm chair technology legal experts that want to boo-hoo my original response.

  135. Re:Egad by SoCalChris · · Score: 1

    I use Gentoo at home, with no problems. At work I'm stuck with XP.

  136. Re:Egad by Anonymous Coward · · Score: 0
    Typical Lunix-fanatic's reply.

    Most of the corporate workers can't "reboot into Knoppix" because of security rules.

  137. ...Says the user who's domain is a clever play by Ayanami+Rei · · Score: 1

    on words referring to a male's genitalia.

    --
    THIS THING CAN TURN ON A DIME, MACROSSZERO STYLE ALSO FUCK BETA, ~NYORON
  138. Re:Egad by Anonymous Coward · · Score: 0

    Firebird 0.61, Acrobat 5.0, Debian. Works fine.

  139. Re:Teenage Linux? by Anonymous Coward · · Score: 0

    Linux becoming a teenager. Yup, I'm scared.

  140. Re:OMG SCO IS TEH SUCK LOL by Anonymous Coward · · Score: 0

    OMG!!1!!1!WTF!!!11!1!!!LOLOLOLOL!1!!!!1!!1

    > SCO == XENIX == MICROSOFT.
    >
    >"The one thing I could never stand about SCO...
    >all the goddamned living-undead bloodsuckers!!!"
    >>
    >> looooooooooooolz, WTF!!1! LOL LAMERZ
    >>>
    >>>HAHA Micro$soft suxx0r!!!
    >>>
    >>>ha. . .wait.
    >>>
    >>>I mean SCO IS TEH SuXX0R HAHAHAHA LOL

  141. they STOLE it by Anonymous Coward · · Score: 0

    ... 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....

  142. Increase the burden on SCO by Gr8Apes · · Score: 3, Interesting

    A side letter clarifying the parties' understanding of the Software Agreement, also dated February 1, 1985, states (in paragraph A.2) that:

    Regarding Section 2.01, we [AT&T] agree that modifications and derivative works prepared by or for you [IBM] are owned by you. However, ownership of any portion or portions of SOFTWARE PRODUCTS included in any such modification or derivative work remains with us.

    The agreements between AT&T and IBM, as amended, including the side letter (the "Agreements"), thus provide for a straightforward allocation of rights: (1) AT&T retained ownership of its code from the Software Products ("AT&T Code"), and the Agreements' restrictions on confidentiality and use apply to the AT&T Code, whether in its original form or as incorporated in a modification or derivative work, but (2) IBM retained ownership of its own code, and the Agreements' restrictions on confidentiality and use do not apply to that code so long as it does not embody any AT&T Code.

    I found that quite interesting, mainly that this appears to directly contradict SCO's claim that they own all AIX code as it is derived from "their IP"

    If you're interested in this letter, it's the Novell to SCO letter

    --
    The cesspool just got a check and balance.
  143. Re:Egad by Anonymous Coward · · Score: 0

    A Windows 2000 Server is also compatable with NDS. In fact, with "Netware Gateway Services for Windows" the 2K box will only use 1 client access license for any number of clients accessing the Netware server through the 2K server. Most of the admin stuff will still have to be done natively through ConsoleOne or NWadmin however.

  144. Re:SCO Reiterates Ownership of Unix Intellectual by frkiii · · Score: 1

    Yeah, and if you really did read "both sides of the story", actually, three or more sides in this one, you would probably come to the conclusion, that SCO has rice meal for brains.

    No offense intended to all the fine upstanding rice meal out there.

  145. prison rape jokes by Anonymous Coward · · Score: 0

    "I guess looking at this, Bubba will soon have a new "Mc"-bride at club fed."

    who will be the first to offend all the righteous readers?

  146. Genius PR there by siskbc · · Score: 1

    SCO must be the only company in the world who intentionally likened themselves to the RIAA. Great job there guys. Whaddya gonna do next, SCO, sue an 11-year-old girl for contributing headers to the kernel?

    --

    -Looking for a job as a materials chemist or multivariat

    1. Re:Genius PR there by Anonymous Coward · · Score: 0

      "likened themselves to the RIAA."

      As in, while suing their customers and while in a down economy, their sales are down, and they claim not to understand why that is happening?

  147. Re:Egad by SmilingBoy · · Score: 1

    Yes (although the freeze only seems temporary for me), but I always find it annoying anyway when PDFs are loaded in browser windows/tabs. What's the point? Much better to have it load in Acrobat Reader separately as all menus are then available. Set under Tools -> Options -> Downloads -> Plugins (disable PDF plugin). Then, when you click on a PDF link the next time it will ask you what to do, and you can simply choose to always automatically open PDF files with Acrobat Reader.

  148. Browsers don't screw up .zip? by pjt33 · · Score: 1

    Some browsers automatically unzip zips containing a single file, but still save them with the .zip extension. IIRC I've had problems with IE doing this in the past.

  149. canopy group and motorola by linuxwebadmin · · Score: 1

    Anyone seen the relationship between motorola and the canopy group?
    http://mcg.motorola.com/cfm/templates/Pressrelease .cfm?PageID=1625

    --
    Show me packet captures and log entires, or it never happened.
    1. Re:canopy group and motorola by raodin · · Score: 1

      That was published over 4 years ago, and details Motorola getting into linux with Caldera's help.. I don't see why this is suprising, since Caldera was a pretty big player in linux at the time.

  150. childish by simontek2 · · Score: 0

    SCO is being so Childish. Reminds people of Kindergarten.

    --
    SimonTek
  151. quick note Re:Next News by Stephen+Samuel · · Score: 3, Funny
    I have hundreds of pages of documentation proving you wrong, but im afraid I cant show you them, you will just have to trust me ok?

    You forgot to ask for money.

    --
    Free Software: Like love, it grows best when given away.
  152. Re:Egad by trybywrench · · Score: 1

    Out of curosity, have you ever worked with a well-designed, well-engineered, and competently operated Netware network

    in this context you could replace the word "Netware" with anything and it would be a joy to work with.They key phrases are "well-designed" "well-engineered" and "copentently operated"

    --
    I came to the datacenter drunk with a fake ID, don't you want to be just like me?
  153. Re:Lose... LOSE!!! Not fucking Loose, ya dumbass by Anonymous Coward · · Score: 0

    > Just let your soul whither my friend
    In a post about spelling errors that was pretty funny. :)

  154. SCO legal phone number? by Anonymous Coward · · Score: 0

    Did anyone else notice the 1/4/04 letter includes the phone number of Ryan E. Tibbitts, SCO General Counsel?

  155. Will the real EZEZ, please stand up ? by flyingace · · Score: 1

    Will the real EZEZ, please stand up ?

    Just want to know if you are a SCO-in-sheeps clothing !!!

  156. Ahem. From the same document by mdechene · · Score: 1

    From the parents link, there appears the following line:

    http://www.sco.com/novell/apap4.pdf

    Page 15 begins the section listing "Excluded Assets" as in, what is not being transferred from Novell to SCO. On Page 16, we have:

    V. Intellectual Property:
    A. All Copyrights and Trademarks, except for the trademarks Unix and UnixWare
    B. All Patents.


    Well, I'm pretty sure that if the transference agreement that SCO is using states that "All Copyrights and Trademarks, except for the trademarks Unix and UnixWare" are Excluded from the property transference, then SCO is SOL.

    --

    Karma: Not Particularly Funny.
  157. Jan 23 - red letter day by morgue-ann · · Score: 1

    January 23rd is also the beginning of World Rally Championship season with the Rallye Automobile Monte Carlo

    If the world would keep scheduling things on the same day, mmm that would be a big help yesss. I ran over my Palm with my wife's SUV. Even a bumper won't protect it from that.

    1. Re:Jan 23 - red letter day by Anonymous Coward · · Score: 0

      What sort of CUNT buys their wife an SUV?

  158. SCO is UNIX!!!!! by Anonymous Coward · · Score: 0

    sco is unix... linux is almost unix, therefore sco owns linux.

    sco: "133t! all your base are belong to us!"
    linux: "umm... sco, go away."

    SCO seems to be the business world analogy to the woman who sued her neighbors because they grew a tree with branches that grew over the property line. Methinks they were looking for a quick buck by exploiting and grossly misinterpreting what Novell means when they say "we own the copyrights to UNIX"

  159. Stop it! by DCTer · · Score: 1

    Stop your bickering! All of you! You're giving crack a bad name!!!

  160. 60 Pages by bstadil · · Score: 1
    I was trying to be funny not prescient yesterday when I made a reference to Chamberlain waving one single piece of paper.

    It turns out that SCO have indeeed complied with discovery and turned over 60 pages. So much for the million lines of code. Read more as usual over at Groklaw

    --
    Help fight continental drift.
    1. Re:60 Pages by Net_Wakker · · Score: 1
      It turns out that SCO have indeeed complied with discovery and turned over 60 pages. So much for the million lines of code.
      They use a really small fontsize.
  161. SCO has NOT been told to put up or shut up! by DickBreath · · Score: 1
    The judge did NOT NOT NOT give SCO the option to put up or shut up!

    She gave them two options. Count 'em. Two (2).
    1. Put up (show your evidence)
    2. Swear before the court why you cannot do number 1.
    To "shut up" was specifically NOT one of the options.

    If they take option 2, they cannot just say "The dog ate my evidence". They have to swear to it. If whatever excuse they make can be shown to be wrong, then have committed perjury.

    Even if they take option 1, it may likely be so flimsy that IBM will move for dismissal with prejudice. (Which means that SCO can never bring this case again ever.)

    Meanwhile, IBM will press their counterclaims. The best ones are patent infringement. IBM can sue SCO for patent infringement damages for 20 some years past. IBM has patents that cover anything that anyone has, can or ever will do. IBM can bring patent infringement suits against Darl and gang, and their descendents down to the 10th generation.
    --

    I'll see your senator, and I'll raise you two judges.
  162. obligatory Matrix modified quote.... by Anonymous Coward · · Score: 0

    Novell: Do you hear that sound, SCO? That is the sound of inevitability, the sound of your death, SCO. Goodbye.

    SCO: OHHHH, SHHHH*@%$% (sound of bound crushing and body parts splattering; the screaming of executives being dragged to federal prison is heard in the near background).

  163. Re:Lawsuit Necessary by Anonymous Coward · · Score: 0

    No lawsuit was _necessary_. The GPL is _untested_ in court because it is a simple copyright license. How many other copyright licenses have been _tested_ in court? More often than not, when an infringement charge is made, the infringer agrees to comply. It is not rocket science.

    As far as Open Source being a new concept, since the begining of time man has cooperated to pool resources and accomplish a task. The Enlightenment saw the modern implementation of this as scientists the world over, through mutual defiance of the established church and new reliable transportation methods, corresponded to enlarge mans knowledge of the physical and theoretical world.

  164. SCO Grows Your Business by DickBreath · · Score: 1

    I note that the SCO homepage title is "SCO | SCO Grows Your Business" - shouldn't that read "SCO | SCO Sues Your Business", or even "SCO | SCO Sues Your Community"?

    SCO Grows Your Business!

    Ever wish your business were larger? Do you feel inadequate when you try to do business? Does your business leave you feeling unsatisfied? Do your business partners seem unsatisfied with your business? Is your stock price too small?

    You need to let SCO help to Grow Your Business!

    Yes, using SCO's new proven secret formula, you too can Enlarge the size of your business!

    GUARANTEED SUCCESS !!!!

    Just send us $1 Million bucks and we'll tell you about our secret forumla that can help you boost your stock price to new heights. Results guaranteed! No prior experience necessary. No pain. It's so easy any idiot could do it! And we can back that up!

    --

    I'll see your senator, and I'll raise you two judges.
  165. Re:Egad by a9db0 · · Score: 1

    To fix the eb_link error you also need the EScript.api file in the plug_ins directory.

    --
    -- "Never underestimate the power of human stupidity." - R.A.H.
  166. Re:SCO Reiterates Ownership of Unix Intellectual by Anonymous Coward · · Score: 0

    check out the rebuttal at groklaw.

    Seems SCO took Novell's quote "appears to support SCO's claim" out of context...

  167. I hate responding to sig's but... by Theatetus · · Score: 1

    There is a grenade in the US arsenal (one of the white phosophorous ones) that has a thrown range of 35 yards and an effective casualty radius of 45 yards.

    There also was at one point a nuclear mortar. The training video for that is hilarious.

    --
    All's true that is mistrusted
  168. Re:Lawsuit Necessary by cant_get_a_good_nick · · Score: 1

    I forgot where I read this, some interview somewhere. Linux interviews are now so common I probably can find one where he guesses who'll win at Oscar night.

    I looked at the great Tannenbaum debate. He does have a lot of "I wrote Linux because it does what I need, and nothing else does" arguments where he mentions BSD a few times, but this isn't a "I wrote it because of the lawsuit" smoking-gun type statement.

    Maybe someone can write Mr. Torvalds himself and ask. =)

  169. Darl's Address by StarWreck · · Score: 1, Funny

    Am I the only one to notice that they didn't bother blurring out Darl's address in those letters?
    This is a great opportunity to send 1 billion AOL CD's to Darl's office.
    Just surf to www.AOL.com and click "Request AOL CD", then type in Darl's Address:
    Mr. Darl McBride
    President and CEO
    The SCO Group
    355 South 520 West
    Suite 100
    Lindon, UT 84042

    We can also sign him up for credit card offers, ass-rammings, pornographic magazines, brutal rapes... whatever you feel is appropriate.

    --
    ... and in the DRM, bind them.
  170. Time for a press release? by dacarr · · Score: 1

    SCO's stock is down a couple of dollars over the past few days. Mayhaps it is time for Darl to make Yet Another Press Release saying how they really own Linux, and their evidence is the number of lawsuits they've filed?

    --
    This sig no verb.
  171. Re:Interesting that the music industry is mentione by Broken+Bottle · · Score: 1

    The only Music Industry / UNIX Industry analogy I can see here is Darl = Michael Jackson / Linux Users = Little Boys.

    Chris

  172. Re:I do not understand? by Anonymous Coward · · Score: 0

    Offtopic? It's a post about SCO!

  173. DARL MCBRIDE'S ADDRESS AND SCO PHONE AND FAX by StarWreck · · Score: 2, Informative

    Very useful information from the documents posted, lets harrass the hell out of them. Mr. Darl McBride President and CEO The SCO Group 355 South 520 West Suite 100 Lindon, UT 84042 Phone: (801) 765-4999 Fax: (801) 765-1313

    --
    ... and in the DRM, bind them.
  174. Re:You've GOT to be kidding me! A .zip file ?? by Anonymous Coward · · Score: 0

    oh look, pair-a-fuck splats again. hahahaha, that was very funny. please keep it up, hopefully you'll lose all your karma. thx.

  175. Re:Egad by Anonymous Coward · · Score: 0

    Uhh. That would be the problem with most things. They:
    A) Arent well designed (cause no one put thought into them)
    B) Arent well engineered (cause they have idiot engineers)
    C) Arent competently operated (cause they have monkey-brain users or admins with a "Cert")

    I have discovered NetWare is brilliant. Although, I have to admit that my school accidently screws up the rights from time to time and students get access to admin areas... :)

  176. Does SCO have any legal standing whatsoever? by Anonymous Coward · · Score: 1, Insightful

    From the letter of 28 May 2003 from Novell:

    SCO continues to say that it owns the UNIX System V patents, yet it must know that it does not. A simple review of the U.S. Patent Office records reveals that Novell owns those patents. Importantly, and contrary to SCO's assertions, SCO is not the owner of the UNIX copyrights. Not only would a quick check of the U.S. Copyright Office records reveal this fact, but a review of the asset transfer agreement between Novell and SCO confirms it. ... Apparently, you share this view, since over the last few months you have repeatedly asked Novell to transfer the copyrights to SCO, requests that Novell has rejected."

    Doesn't this imply that SCO's case is DOA? (I.e. wouldn't a judge simply dismiss any lawsuit due to a lack of standing on SCO's part?) To my untrained eye, this appears to be an open-and-shut case. Could a lawyer explain why these facts don't just put an end to this mess?

  177. Re:Lawsuit Necessary by An+Anonymous+Hero · · Score: 1
    ("I wrote it because of the lawsuit" smoking-gun type statement)

    Thanks. My impression is that if such a stament exists it would be quoted here, whereas we only get this:

    M: What is your opinion of 386BSD?

    L: Actually, I have never even checked 386BSD out; when I started on Linux it wasn't available (...), and when 386BSD finally came out, Linux was already in a state where it was so usable that I never really thought about switching. If 386BSD had been available when I started on Linux, Linux would probably never had happened.

  178. Makes sense, think iraq information minister. by SmallFurryCreature · · Score: 1
    Or any comedy though guy. I dare you to cross this line. Okay I dare you to cross this line.

    If you still don't get it. Watch some tv.

    --

    MMO Quests are like orgasms:

    You may solo them, I prefer them in a group.

  179. Ride the Linux Wave by Bilbo · · Score: 1
    > It could just be that Novell is diversifying its position ...

    I think Novell is trying to ride the "Linux Wave", just like IBM is, and frankly, I think they have a good chance at being successful at it. Honestly, if you look at Red Hat, they have finally started to turn a real profit selling services on top of Linux, but it's not easy, and it is going to be touch-n-go for a long time for them. SuSE is the same way. Great product, but a hard time making money off it.

    Novell used to excel at their NOS, and built a successful tool chain on top of it. Unfortunately, they fell behind the times on the NOS itself, and have been definitely out-classed by the Linux kernel. OK, so they recognize their winners and losers, and decide to drop the NOS, and substitute Linux. It takes a little work to port their tool-chain to Linux, and to convince people once again that they are able to sell an integrated solution, but that's still cheaper than trying to completely overhaul the NOS, and then compete against a "free" alternative.

    Novell has made enough mis-steps in the past that this is not a guaranteed win, but I think there are a lot of people who had formerly written off Novell as a lost cause, who are now looking at them as real players in the market!

    (IBM is playing the flip side of the same game. They want to sell hardware. They really don't care what you run on it. However, they can tweak Linux in ways not possible with Windows, so they can offer a really slick combination. It doesn't matter if they don't make any money off the kernel, as long as they can sell you Iron.)

    --
    Your Servant, B. Baggins
  180. Re: Grenade : may I suggest by raodin · · Score: 1

    Not really a hand grenade anymore, then, is it.

  181. Ploughing.. by k98sven · · Score: 1

    They did have to disclose to IBM. But IBM now have to plough through whats been disclosed..

    Well, according to the litigous bastards themselves, they've handed over "60 pages" to IBM.

    That seems to imply that 60 pages 70 of info, and given that the court ordered them to specify files, lines of code, ownership and a LOT of other information.. I'd be suprized to see much in there.
    It's hardly "millions of lines of code" by any stretch of the imagination. Or at least not "with specificity" (as the court ordered)

  182. New News by MuParadigm · · Score: 2, Interesting
    SCO has filed its discovery response to IBM; a copy of it is located here. Groklaw has the body of the document in text format.

    Fascinatingly, SCO reports that the discovery materials exceed "more that 60 pages", i.e., presumably less than 70. This is to cover 11 interrogatories that they have not answered with the necessary specificity, according to the courts.

    Those interrogatories compel SCO to identify, in particular and among other things:
    a) all the code in Unix to which SCO claims rights and has been misappropriated by IBM, and

    b) all the code in Linux, by file name and line number, that SCO claims rights to, whoever contributed it.
    Those two interrogatories alone would require more than 60 pages to answer, especially considering SCO's claims of "millions of infringing lines in Linux". I mean, seriously, how did they identify all those lines, *and* answer the rest of the interrogatories, in less than 70 pages? Really, really small fonts?

  183. Sue Me, I Use Linux by Bilbo · · Score: 1
    Well, I don't think she is 11 yet, but it appears that one young lady has already thought of this

    (Pictures of the protest at SCO headquarters last June)

    --
    Your Servant, B. Baggins
  184. Re:Lawsuit Necessary by cant_get_a_good_nick · · Score: 1

    See, your detective work is better than mine. I remember reading that statement too, which is probably where i got the impression. Thanks.

  185. Novell, do us and yourself a favor .... by Billly+Gates · · Score: 1
    .... and deny the copyright and agreement with SCO. Can OpenServer and Unixware.

    Crush them out of existance. You will save money in the long run, make a friend with IBM which could open new customers, and would form great PR among us geeks who recommend your products to our bosses.

    Hell, I would switch to SuSE in a second if they did this. How could I not love them.

    1. Re:Novell, do us and yourself a favor .... by Anonymous Coward · · Score: 0

      IMO this has got to be one of the most entertaining reads I have seen with this whole SCO mess.

      I loved reading the SCO letters. The letters/response to Novell is like a spoiled kid talking to a grown up.

      Since Novell's claims appear to be legit (IANAL) there is no way Novell could not fight SCO, "the baby is trying to steal the beer (as in Novell's UNIX rights) away from the adult"

      My question is if Novell and SCO file suit; it appears to be heading that way; can IBM/Red Hat request a "stay" on the lawsuits regarding SCO's claim that Linux violated IP information etc? Since it appears that Novell has final say about UNIX license/code issues, based on the letters released.

      All that being said, my respect for Novell has increased, after I read this correspondence, and their actions over the last 6 months. (Disclaimer: I always respected Novell since I got started on Netware 2.1x when I was 16)

      Here is what Novell has done for the Linux Community....

      1. Bought Ximian
      2. Bought SuSE
      3. Has now publicly said to IBM/SGI, don't worry SCO is full of it. Your licenses are not revoked, and if you did use some of our UNIX code in Linux, you reacted quickly and removed offending items, so all is forgiven.

      The possibilities of a company that has embraced Linux, that also owns the IP information of Unix, has the history (I hope they have learned from their past mistakes) of being the first real Intel based architecture NOS company (where they excelled at one time), is only a good thing for Linux at the server level, bringing in Ximian and SuSE into the mix, I am waiting for the day that Linux becomes a really viable choice for corporations to make it valid choice for the desktop.

      Lastly for all of those that said Novell is dead. To quote The Simpsons

      HAHA

  186. I think both June 12 letters are from Novell, too by Politas · · Score: 1

    That June 12 "SCO" message makes no sense.

    --

    Politas

  187. Re:SCO Reiterates Ownership of Unix Intellectual by Pengo · · Score: 1

    My guess is that they must be chained up in the basement of their London Utah office. They are fed dinner nightly by Darls hunch-back 1/2 brother with a mutilated face named James, that can do nothing but mutter incoherant sounds and say Darls-wifes pet name, Chunk.

  188. Not really what's being tested by Politas · · Score: 1

    Except that the basis of this court case is not really the GPL, but rather on a peculiar definition of "derived works".

    SCO are saying that code IBM wrote and included with AIX cannot be used outside AIX without SCO's permission, even when all the AT&T code is excised. They are claiming their copyright to be even more "viral" than the GPL!

    --

    Politas

  189. Real Men by appleLaserWriter · · Score: 1

    Real Men use uuencode/uudecode.

    1. Re:Real Men by AKAImBatman · · Score: 1

      To compress and distribute multiple files?! Right. You just keep telling yourself that.

  190. isn't that more than a little noteworthy? by rbird76 · · Score: 2, Insightful

    SCO hires PR people to scream from the top of the highest mountain (or from the top of SCO's stack of lawyer-related documents, which is probably the same thing) whenever someone actually responds to its vacuous public statements, whenever it needs a boost in stock price, or whenever it has some more "facts" to reveal to its audience of bad stock analysts and PR people.

    Now, they've supplied whatever they know about the nature of IBM's contract violations and the resultant "IP" violations, and SCO requests that the information be kept secret? If they had some significant claims, wouldn't they be screaming from the highest mountain; while some companies (IBM, MS) can best act rather than talk, SCO has predicated its ability to make money in the future on forcing Linux users to pay licensing fees or on suing people it has purchased "IP" from/ sold "IP" to, rather than actually selling a product that someone wants to buy. Being silent doesn't intimidate potential customers into giving SCO money or scare potential Linux adopters into going elsewhere on behalf of its pimp^H^H^Hartner MS. There doesn't seem to be a benefit to them in keeping silent unless their claims aren't strong or are easily refutable. Neither option seems to hold much hope for SCO's continued survival or the ability of its executives to avoid unwanted "friendships" with large men in orange jumpsuits. Or is there something I'm missing here?

    1. Re:isn't that more than a little noteworthy? by jimfrost · · Score: 1
      There doesn't seem to be a benefit to them in keeping silent unless their claims aren't strong or are easily refutable.

      They say that if this information were public it would damage the value of their IP by revealing confidential code.

      You and I and anyone else in UNIX-land knows that that's a crock of you-know-what, given how widely published SysV information and even code has been, but it's one of those legal myths they have to try to preserve if, indeed, their case has any value at all. Of course the fact that this makes it impossible for the Linux folk to verify the claims themselves, or fix them if they're true, is just a happy side-effect for them -- right?

      There was similar vacuous baloney in the DeCSS case. The algorithm was massively published but still considered "trade secret." It apparently doesn't have to make sense.

      My personal guess is that they're about two inches from having the case thrown out due to lack of merit. I think they expected this to get drawn out for at least several years, during which they could repeatedly threaten people into paying them money, or sue them and get settlements since almost nobody is going to be interested in the effort and expense of a fight over code they don't even own. So, even if they lost, they figured they'd make a bunch of money.

      It's looking more and more like they're going to lose this one bad. Even if there were infringement, they don't seem to have clear title to the code in the first place (something they should have learned from the BSD lawsuit, and that was before Novell sold it off and muddled it even further). Moreover it is exceptionally likely that IBM is going to find a lot more Linux code in their stuff than the other way around, again just like in the BSD case.

      So I figure it gets thrown out. I just hope the SEC hauls them in since they've definitely been doing a bit of pump-and-dump.

      --
      jim frost
      jimf@frostbytes.com
  191. No, it raises the question. by Anonymous Coward · · Score: 0

    Dumbass.

  192. Re:SCO Reiterates Ownership of Unix Intellectual by bersl2 · · Score: 1

    Hey, you seem to be lost. I think you need some advice here:

    1. Regardless of the factuality of what you have posted, you cannot simply post the text to an article without some good posting history; that is karma-whoring.

    2. You cannot attempt to prove a point with such a shallow reason as "their docs look equally factual"; that is trolling.

    3. You cannot possibly make us believe Darl McBride, et al., over Linus, Groklaw, Red Hat, IBM, Novell, etc...; for just as SCO has a vested interest in its side of the case, so do most of us in Linux's side; attempting to prove their case here (except in the face of absolutely "overwhelming" evidence, such as actual lines of code) is just plain futility, and stupidity.

  193. "Methods and concepts involved in software design" by Anonymous Coward · · Score: 0

    I guess that means that nobody who ever worked on UNIX should be allowed to write anything talking about their work. That also means that everyone who uses the word "algorithm" is infringing on SCO's copyrights. Ditto for anyone who uses binary numbers or text editors like Emacs or vi. And since language is a concept neccessary for successful programming, any written word or spoken phrase infringes on SCO's copyrights.

    And don't get me started on books written about computers, or the tables and desks that computers sit on, or the chairs that GNU/Linux programmers sit in...

  194. Re:Egad by Guido69 · · Score: 1

    Yes, I've had the same experience on one of my home machines. More specifically, "leaving the pdf" in my case meant closing the window or tab. I had better luck opening pdf's in the current window/tab and then backing out. Setup was XP (so shoot me), Firebird 0.6, and Acrobat Reader 6.0.

    For that box I'm now on XP, Firebird 0.7, and (though I can't remember exactly why), Acrobat Reader 5.0. I don't have any issues with this setup.

    Likewise, I haven't had any issues with a somewhat current build of Lycoris, Firebird 0.7 and Acrobat Reader 6.0 on another box.

    --
    - If we aren't supposed to eat animals, then why are they made out of meat? - Steven Wright
  195. Re:MS & Sun contracts by Anonymous Coward · · Score: 0

    Additionally, the letters point out that the MS and SUN contracts should pay 95% of the amount to Novell.

    It appears to me that the MS & Sun contracts may be invalid because the agreement between Novell & SCO requires Novell's written consent for changes to existing licenses or new licenses.

  196. Just what we need. by jotaeleemeese · · Score: 1

    An idiot compelling people to harrass another idiot.

    Can you spell "illegal"?

    --
    IANAL but write like a drunk one.
    1. Re:Just what we need. by Anonymous Coward · · Score: 0

      It's only harassment if you call more than once.

  197. Re:The impact of the lawsuits in our enterprise by Valdrax · · Score: 1

    You fail to understand the principal-agent problem. It's rational for the executives of SCO because the probability of dire consequences to the destruction of their company is very low. They are already quite wealthy, and the loss of a company is often considered a learning experience in the business community. They don't have to worry about new jobs.

    The principals -- the shareholders -- will lose out, but most of SCO's shareholders at this point are either unsophisticated or realize that this is a big gamble. The agents -- the executives -- will either win big gains that they could've gotten no other way or lose little that they wouldn't have lost anyway. SCO is dead. Caldera is dead. All that's left is to make a gamble on dominating the UNIX market based on some IP that they think they have.

    This is fully rational. You take an inevitable loss and try to turn it into a success, even if the chances of that success are low.

    However, the term "rational self-interest" has little to do with the rationality of one's methods so much as Ayn Rand's belief that following one's own self-interest was itself inherently rational. The term "rational" is meant to highlight the idea that acting for others instead of yourself is irrational. The Principal-Agent problem is one of those problems in the business world that is inherently caused by such thinking.

    --
    If it's for-profit but free, you're not the customer -- you're the product (e.g., the Slashdot Beta's "audience").
  198. Shaddup by Anonymous Coward · · Score: 0

    Troll.