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Darl & SCO Overview

HAL9OOO writes "I found an article that as well as giving a good overview of "SCO - The Story So Far" also provides an interesting insight into the character of a certain Mr Darl McBride Esq." It's a fairly lengthy article providing a lot of insight. Necessary reading to anyone new the SCO/Linux thing, and recommended to anyone who just wants some interesting details on SCOs position on the whole thing.

100 of 340 comments (clear)

  1. I've had enough by bsharitt · · Score: 4, Interesting

    At first I wanted IBM to bury SCO in court, but now I wish they would just buy hem out to get this over with.

    1. Re:I've had enough by Anonymous Coward · · Score: 2, Funny

      I agree. SCO needs to buy hemp and smoke it, maybe then they'll see the light.

    2. Re:I've had enough by Lord_Slepnir · · Score: 5, Interesting
      At first I wanted IBM to bury SCO in court, but now I wish they would just buy hem out to get this over with.

      Amen to that. Here's what I would do in IBM's position.

      1) Buy out SCO. Hostile style. Buy up enough of the stock to have them vote to merge under IBM.
      2) Fire the entire board of directors. A severance package of one pack of oreos and cab fare
      3) ??????
      4) Profit....or at least not losing money on this crap, which is the next best thing.

      The things SCO didn't realize is that while it is possible for a mouse to annoy an elephant, sooner or later the elephant will just stomp, and all the elephant will think of it will be "how do I get these mouse guts off of my foot"

    3. Re:I've had enough by arivanov · · Score: 3, Interesting

      Fire the entire board of directors. A severance package of one pack of oreos and cab fare

      No need for. Skip the severance package under a breach of contract clause. As the contract sure says something about "protecting the interests of the shareholders". And if the majority shareholder objects... Hm....

      --
      Baker's Law: Misery no longer loves company. Nowadays it insists on it
      http://www.sigsegv.cx/
    4. Re:I've had enough by Artifex · · Score: 4, Insightful
      Amen to that. Here's what I would do in IBM's position.

      1) Buy out SCO. Hostile style. Buy up enough of the stock to have them vote to merge under IBM.
      2) Fire the entire board of directors. A severance package of one pack of oreos and cab fare
      3) ??????
      4) Profit....or at least not losing money on this crap, which is the next best thing.



      They'd be losing money based on the current overvaluation of the stock. Even if they fire the directors, they all walk out with pockets bulging from their stock options, etc., don't they? This path also encourages other frivolous or deceitful lawsuits against them.

      No, for substantially less, they should take them to court, stomp on them, drive their stock value into the ground, and make those guys feel pain in their wallets. This costs them less up front, keeps them from having to clean mouse guts off their feet, and certainly shows all the other little vermin that they need to make sure they have a real claim before going against the elephant.

      --
      Get off my launchpad!
    5. Re:I've had enough by JordoCrouse · · Score: 5, Informative

      1) Buy out SCO. Hostile style. Buy up enough of the stock to have them vote to merge under IBM.

      Lets see. Lets look at our friend Mr. McBride. According to the SEC, he has 8,000 shares that he purchased at $1.13 (thats $9040). If IBM came in on a hostile takeover today, they would probably end up paying about $10 / share (the current price is $9.26, but a hostile takeover is usually a little higher). So, at $10 bucks a share, Mr. McBride is looking for a gain of $70,960 - all for nothing more than acting like a complete asshole.

      That to me sounds like a real good way to get out:

      1) No need for pesky proof
      2) Get rid of a operating system that drags down any company that owns it like a pair of concrete slippers.
      3) ??
      4) Much, *much* profit.

      IBM can handle the heat. I think they should call SCO's bluff and see what happens then.

      --
      Do you have Linux and a DotPal? Click here now!
    6. Re:I've had enough by Zathrus · · Score: 5, Insightful

      That's not breach of contract since the board was clearly acting in the interest of shareholders at the time of the suit. A hostile takeover is not a cheap thing, and getting 10x your face value for the shares makes it hard to argue otherwise.

      Now the majority shareholder could order them to cease and desist, and if they didn't do so could have them fired and file breach of contract, but that's not going to happen.

      In fact, despite all the talk about buying SCO out, that's not likely to happen either. According to Yahoo! insiders and 5%+ owners own 68% of the company. If insiders own over 50% then a hostile takeover is impossible without someone defecting -- and those trades are usually limited by SEC rules in the first place. This is why hostile takeovers have become a thing of the past - companies have learned that having the majority of shares being held by employees, along with SEC trading restrictions, make hostile takeovers very, very difficult.

    7. Re:I've had enough by TobascoKid · · Score: 5, Insightful

      I don't agree - I think this is a similar situation to negotiating with Terroists/Hostage Takers/Bank Robbers etc - you don't, otherwise it will keep happening. If IBM buy out SCO, then practically every dying tech firm will sue IBM in the hopes of getting bought out. Better to crush them in court - especially if IBM can find a way to countersue and drive SCO into the ground. It will take longer to fight it in court than to buy them out but it will be better for everyone in the long run (except for SCO :-)

      Tk

      --
      At some point, somewhere, the entire internet will be found to be illegal.
    8. Re:I've had enough by JordoCrouse · · Score: 5, Insightful

      I don't like to answer my own posts, but think I picked the wrong example before. Consider Mr. Thomas Raimondi, Jr (director). He got 32,885 shares at .01 / share!!! If you doubt SCO's intentions, go ahead and do the math yourself.

      --
      Do you have Linux and a DotPal? Click here now!
    9. Re:I've had enough by cgenman · · Score: 4, Funny

      And after that take out a full-page ad in the Wall Street Journal listing the board of directors, their names, their addresses, and how much money they lost for SCO while contributing to it's demise. Plus any additional tidbits that might make them unemployable in the future.

      You can't just burn. You have to remember to salt.

    10. Re:I've had enough by killmenow · · Score: 3, Funny
      At first I wanted IBM to bury SCO in court...
      I just want someone bury them, period. Anywhere. My back yard is available.
    11. Re:I've had enough by Pharmboy · · Score: 3, Interesting

      1) Buy out SCO. Hostile style. Buy up enough of the stock to have them vote to merge under IBM.
      2) Fire the entire board of directors. A severance package of one pack of oreos and cab fare
      3) ??????
      4) Profit....or at least not losing money on this crap, which is the next best thing.


      One of the articles (yea, some of us read them) actually pointed out a rather obvious 3) point, that is the goodwill generated if IBM were to GPL SCO's IP (god, more acronyms than the military).

      As a long time IBM fan, I could see this benefitting IBM in a way that generates profit. Since they really sell hardware and services, this could help to increase sales, partially because of the goodwill, and because they would be able to impliment any useful code gained somewhat faster. IBM has already gained alot of traction by investing 1 billion into Linux, which they claim they recovered in the first year. Adding a few hundred million to GPL UnixWare may be even more profitable, at a lower cost.

      --
      Tequila: It's not just for breakfast anymore!
    12. Re:I've had enough by FFFish · · Score: 2, Funny

      How the FUCK did the board justify a penny-per-share incentive package? Where's the fucking incentive? That asshole could sell Sun for a plateful of shit and still profit by hundreds-fold.

      It's time for shareholders to get angry. Really, really angry with jackass boards of directors who are intent only on lining their own pockets with gold. It's outright fucking theft.

      --

      --
      Don't like it? Respond with words, not karma.
    13. Re:I've had enough by DjReagan · · Score: 2, Informative

      Dummy. Hemp ain't marijuana.

      hemp n. any plant of the genus Cannabis; a coarse bushy annual with palmate leaves and clusters of small green flowers; yields tough fibers and narcotic drugs [syn: {cannabis}]

      My dictionary disagrees.

      --
      "When I grow up, I want to be a weirdo"
    14. Re:I've had enough by Angst+Badger · · Score: 2, Interesting

      Buy out SCO. Hostile style. Buy up enough of the stock to have them vote to merge under IBM.

      They can't. 80% of SCO is owned by a single shareholder. Grabbing all of the SCO stock out on the open market wouldn't do diddly for IBM.

      From the other side of the equation, if you're that shareholder, what do you have to lose -- considering you've already lost your ethics and basic human decency -- by sticking to your guns? SCO is doomed in any event, but suing IBM gives them a distant chance at having a judge hand them a big chunk of change.

      SCO's move is very daring and audacious -- and stupid, morally bankrupt, and damaging to society as a whole, but I digress -- and the only real alternative to closing their doors sometime within the next 18 months.

      Unless something emerges to radically change the equation, I doubt either IBM or SCO will back down, and the question the rest of us must face is how to mitigate the damage from SCO's IP terrorism.

      --
      Proud member of the Weirdo-American community.
    15. Re:I've had enough by Anonymous Coward · · Score: 2, Informative

      Actually this page reports it as .0001$/share. So he picked all 32885 shares for about $32.

    16. Re:I've had enough by The_K4 · · Score: 2, Interesting

      Um, that's probably what SCO has wanted this entire time. To get IBM to buy them and let everyone at SCO get even richer. If IBM does buy SCO it proves to the world that you can make money w/ a lawsuit against a big company weather you have grounds or not. If IBM does buy SCO out, it will open the floodgates that much further. I hope IBM and Novell and the Linux community in general stick to their guns and fight this crap. Don't left SCO win by just making them all rich!

    17. Re:I've had enough by milo_Gwalthny · · Score: 2, Informative

      Well, the majority shareholder can't order them to cease and desist. That's not how it works. The directors have a duty to look our for the interests of all the shareholders, not just the majority. In fact, the minority shareholders could sue the company if the directors knowingly did something that was not in the best interests of the company.

      What IBM would do is start a proxy fight (you don't even need 50% ownership for this) and vote their own directors onto the board. These directors would still do what is best for all the stockholders, they might just have a different idea of what is best.

      They would still get sued, though. SCO's market cap is up almost 10x in the past three months, and this must be a big reason. So, if the board scotched the suit and the share price fell back below $1, the board would be sued within hours.

      --
      Milo
    18. Re:I've had enough by Higman · · Score: 2, Insightful

      The board of directors only has a duty to the company, not the shareholders. The only reason board members work with the shareholders in mind is because the shareholders are the ones that vote the the board in.

      --

      --
      -- [insert sig here]
    19. Re:I've had enough by crucini · · Score: 2, Insightful

      I keep seeing this comment. Let me point out some issues. An IBM buyout is SCO's happiest ending. All the shareholders would be rewarded because the share price would go up in reaction to news of the buyout. Darl McBride would be an everlasting hero to the SCO shareholders and a legend in the business world as the man who brought IBM to the table and forced them to pay through the nose for a dead company. Second, McBride and friends must have negotiated their severance packages long ago. If IBM buys SCO they will have to honor them. And you seem to think that firing these guys "teaches them a lesson" or something. Absolutely not. These are executives, not hourly employees living paycheck to paycheck. They're playing a high-stakes game with other people's money, and fully expect to land on their asses if the court doesn't go their way. IBM would lose tons of money acquiring SCO at their inflated stock price. It's IBM's last resort.

      Sorry, but your mouse/elephant idea has no relevance once both sides are big enough to afford a legal battle. SCO has Boies. There's not much IBM can do with more money.

    20. Re:I've had enough by ihummel · · Score: 2, Insightful

      Work out better for everyone in the long run? I am not so sure. If this thing drags out for a long period of time, then Linux is stuck in a kind of legal limbo for as long as the lawsuit lasts. Many businesses will shy away from using a product the legality of which is yet to be determined in court.

  2. BSD code? by mikeee · · Score: 4, Interesting

    Hrm... even if she's right and it's not some strange conincidence, is there old BSD code in Linux? That should be checkable.

    That should be free and clear copyright-wise, but System 5 could well have the same BSD code (quite possibly orignally stolen from BSD).

    1. Re:BSD code? by interiot · · Score: 5, Interesting

      ESR's paper on the SCO thing shows how the relationships between several unixes. Given the large amount of intermingling, it's not surprising at all to find common pieces of code in different versions of unix.

    2. Re:BSD code? by Anonymous Coward · · Score: 5, Funny

      You *can* steal something that is free. First you copy it into your codebase, then you claim that it is your, and then you sue the person you copied it from. If you are successful in getting them to remove it, you stole it.

    3. Re:BSD code? by 11223 · · Score: 4, Insightful
      Have you even looked at the issues? Yes, you can steal BSD. It's not in the public domain - it's under a liberal license, but one that still requires attribution of use. If you break the terms of that contract, then you are indeed stealing it, and that's exactly what AT&T did to UC over the decades by not attributing their copyright in UNIX.


      That's why UC won the AT&T / USL vs UC suit of the early 1990s - so much of BSD had been put into AT&T illegally that UC would have had a heckuva lawsuit against AT&T should they have chosen. Instead, AT&T let them rewrite three files and continue on their merry way.

    4. Re:BSD code? by cant_get_a_good_nick · · Score: 4, Interesting

      (quite possibly orignally stolen from BSD)

      How can you steal something that's given away for free?

      BSD was a fork of UNIX with the (TM). The BSD guys gave us insignificant things like Virtual Memory and vi. It's weird to think AT&T sued BSD when so much of UNIX heritage was invented in Bezerkely. "Hey, you there, stop using that thing you invented, cause you're giving it away for free and not allowing us to make money off your work."

      If anyone remembers the original ATT vs. BSD suit will remember the way that UCB/BSD got off was that UNIX with the (TM) had some BSD code that wasn't properly copyright attributed. Then Novell came in, bought up the UNIX mess and dropped the suit. For folks that bang on Novell, this would be the second time they came in as a white knight to help a freeware version of UNIX escape the evil clutches of lawsuits.

      The re-marriage of the BSD code came in SVR4, which brought in a bunch of code and BSD compatible utilities. /usr/ucb anyone?

    5. Re:BSD code? by ichimunki · · Score: 2, Interesting

      I prefer Cringeley's explanation that SCO/Caldera put the code there themselves.

      --
      I do not have a signature
    6. Re:BSD code? by Trailer+Trash · · Score: 5, Funny

      Hrm... even if she's right and it's not some strange conincidence, is there old BSD code in Linux? That should be checkable.

      Which is likely why SCO won't show everybody. Imagine the egg on their face when developers from around the world step forward to claim their code.... and it's not SCO's code.

      Michael

    7. Re:BSD code? by unoengborg · · Score: 2, Insightful

      And the similarities in the comments could come from some posix documentation that programmers have copied more or less verbatim to describe what they were doing

      --
      God is REAL! Unless explicitly declared INTEGER
    8. Re:BSD code? by Znork · · Score: 5, Insightful

      Actually, with the claims that there is code that is the same in Linux and SCO's products, that should be enough to file a lawsuit against SCO for copyright violation. Then demand that SCO disclose the source (without any NDA) so a review of SCO's code can be done and so it can be determined if they indeed have violated the GPL and by extension engaged in copyright violations.

    9. Re:BSD code? by maelstrom · · Score: 2, Informative

      Linux doesn't, Alan Cox wrote the Linux stack IIRC.

      --
      The more you know, the less you understand.
    10. Re:BSD code? by phliar · · Score: 2, Informative
      Hrm... even if she's right ...
      Doing a google search on Laura DiDio, I found this:
      Laura DiDio is an analyst covering Windows 2000 and third-party products and utilities.

      Laura comes to Giga after having spent 12 years covering the networking industry as a reporter in the high-tech trade press. She was most recently at Computerworld where she was the senior editor, networking, from 1994 to 1998. Prior to that, she held similar positions at LAN Times, Network World, Internet Week (formerly Communications Week) and Digital Review. She also worked as an on-camera investigative reporter for CNN and Channel 11 News in Minneapolis, Minn. Her investigative reports have also appeared in such publications as the Minneapolis Star and Tribune and The Village Voice.

      Laura earned a B.A. in communications with a minor in French at Fordham University.

      I'm not sure I'd find her opinions about source code credible.
      --
      Unlimited growth == Cancer.
  3. I almost agree, but... by yaphadam097 · · Score: 5, Insightful

    I almost posted that IBM should just give in and buy SCO in an earlier one of these threads, but then I thought about it a little more...

    SCO is sending all these letters to corporate Linux users saying, "Stay away from Linux, because it violates our IP." If IBM buys SCO and open sources Unix it might prevent any further legal action, but it also might appear to lend some credibility to SCO's claims. Thus IBM is a hero to the average Linux geek, but the corporate world still sees the community as a bunch of thieves who got bailed out by the deep pockets of IBM.

    Therefore, let this go to court and let IBM's lawyers prove that SCO is full of it to begin with. That way the Linux community is vindicated and the only people who look like they've done anything wrong are SCO.

  4. Re:Damn dude.. by Znork · · Score: 4, Insightful

    If it's any AT&T day code it probably stems from BSD, in which case it's already been to court and freed.

    If it's in newer code I'd suggest someone sue SCO for copyright violation as it's probably someone at SCO who's stolen it from Linux. Motive and opportunity... both point quite clearly at them, as they've been constantly left behind technically by Linux since the mid nineties, not to mention it's a lot easier for someone at SCO to obtain linux code than it is the other way around.

  5. Same guy, diffrent decade by autopr0n · · Score: 2, Insightful

    from here:

    The University's suit claimed that USL had failed in their obligation to provide due credit to the University for the use of BSD code in System V as required by the license that they had signed with the University. If the claim were found to be valid, the University asked that USL be forced to reprint all their documentation with the appropriate due credit added, to notify all their licensees of their oversight, and to run full-page advertisements in major publications such as The Wall Street Journal and Fortune magazine notifying the business world of their inadvertent oversight. Soon after the filing in state court, USL was bought from AT&T by Novell. The CEO of Novell, Ray Noorda, stated publicly that he would rather compete in the marketplace than in court. By the summer of 1993, settlement talks had started. Unfortunately, the two sides had dug in so deep that the talks proceed slowly. With some further prodding by Ray Noorda on the USL side, many of the sticking points were removed and a settlement was finally reached in January 1994. The result was that three files were removed from the 18,000 that made up Networking Release 2, and a number of minor changes were made to other files. In addition, the University agreed to add USL copyrights to about 70 files, although those files continued to be freely redistributed.

    Noorda isn't the CEO of Sco, but he founded Caldera, and I think he's involved in this little shananagan.

    --
    autopr0n is like, down and stuff.
  6. Look Up BSD LITE by linuxislandsucks · · Score: 2, Interesting

    BSD Lite code is allowed in Linux friedn under the terms of the previous case of System V..as that was the agreement to settle the case..

    --
    Don't Tread on OpenSource
  7. NO BUYOUT.....MUST BANKRUPT THEM! by Dr_Marvin_Monroe · · Score: 5, Insightful

    To quote many over the top political leaders..."we cannot support this type of terrorism, we cannot agree to their demands"....

    By purchasing SCO, no matter how easy it might make the end of this problem, it encourages others to try the same stunt.

    SCO MUST be bankrupted as a result of this, no matter how much money it takes to do that in court!....Anything less encourages others to try the same style attack.

    Destroy SCO, burn everything, leave nothing standing.....

  8. Those Copied Comments by duck_prime · · Score: 2, Funny
    The new aligations, of copied comments do seem pretty bad [...]
    Yes, especially when you consider that the comment in question was:
    /* You are not expected to understand this */
  9. This is actually quite serious by FreeUser · · Score: 4, Insightful

    You *can* steal something that is free. First you copy it into your codebase, then you claim that it is your, and then you sue the person you copied it from. If you are successful in getting them to remove it, you stole it.

    Why on earth this was modded as "funny" is beyond me. Donning my tinfoil hat for a moment, I should point out that this is actually quite a serious possibility for a number of reasons:

    1) SCO may well have violated the copyright on Linux code and placed it in their OS, violating the GPL, and now leveraging code they have copied in violation to accuse the free software community of their own crime.

    2) An entity which dislikes free software, like an obscure Redmond company none of us have heard of, might seek to poison the well by having one of their agents deliberately release copyrighted code into a free codebase, then return a couple of years later with accusations of copyright violation.

    3) It is quite possible that either of the above scenerios could be combined with an outcome by a relatively uninformed court that finds in favor of the litigant, leaving the original creator of the code in a situation where they are now forbidden from using their own code, while those who violated their copyright are granted ownership of it.

    The fact that the very ill-considered Berne convention requires copyrights to be granted "automatically" with no registration means these sort of 'he said, she said' allegations can be manufactured at will, by anyone willing to violate copyright to achieve their ends.

    And lest one think no large company would ever violate copyrights in order to achieve such neferious ends, I would remind everyone that one large company, Microsoft, was sued and found to have violated the copyright on, among other things, Stacker. It is not at all a stretch to think they could extend such a strategy further ... though I suspect these days if they were to adopt such a strategy, they would do so by proxy *cough* SCO *cough*.

    But, as SCO has shown, it doesn't require anything remotely so neferious as planting bad code, violating copyright and then accusing the victim of one's crime of the same, or any of that. All it requires is that one lay claim to having written code "in secret" first (where "in secret" can include simply proprietary, unpublished code as in this case). Since copyrights aren't required to be registered, there is little defense against such accusations and the FUD and financial uncertainty and harm they can create (and their unwillingness to discose the alleged violations to allow any such issues to be resolved and fixed, ie. any such violating code to be removed and rewritten, belies their clear intent to cause harm to businesses and the community. Clearly they have no desire to reach a resolution, and equally clearly it is profoundly unlikely that they have anything even remotely resembling a legitimate claim).

    Which means no software publisher is safe, now that pandora's box has been opened, from similiar disingenuous attacks.

    It would behoove everyone if every copyright were required to be registerd no later than 1 year after the code/prose was written or the movie/music recorded (i.e. 1 year 'grace'). Unfortunately, the media and copyright cartels have tied all of our copyright law up in international agreements such as the Berne convention and treaties which have empowered the WTO and WIPO to such a degree that any kind of sensible reform is impossible without a nation withdrawing from a number of uncumbering and binding international accords.

    So look for more of this sort of nonsense, directed not only against free software, but against all kinds of published works. Once pandora's box has been opened and the weapon used, one can only expect it to be used again. And again, empowering lawyers and decimating the productive capability of the software industry, be it free software or proprietary.

    This may actually be the beginning of the final collapse of our

    --
    The Future of Human Evolution: Autonomy
  10. "SCO/Linux"? Ouch... by janbjurstrom · · Score: 5, Funny

    Unfortunate choice of words, no? People raise all kinds of hell when "GNU/Linux" is mentioned.. Must say I prefer the latter ;)

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    668.5
    1. Re:"SCO/Linux"? Ouch... by Dreadlord · · Score: 5, Funny

      RTFA, Linux devs ripped code off SCO's UNIX and now, after SCO shows the evidence, 60 lines of code or something, Linux belongs to SCO, nothing wrong here ;)

      --
      The IT section color scheme sucks.
  11. Article Text - Formatted by Anonymous Coward · · Score: 5, Informative

    Its taken more than a decade, millions of man hours and an international movement bent on software sovereignty to poise Linux as the fastest-growing player in information technology. Now, on the cusp of punching through proprietary softwares kung-fu grip on the market, a fuming little Utah County company threatens to stomp Linux dead in its tracks.

    Ive been pounding the table here for a year or so saying theres no free lunch, and there is going to be a day of reckoning for every company that thinks they are going to try and sell a free model. Thats Darl McBride, president and CEO of the SCO Group, a perennial loser at selling UNIX and, until recently, Linux operating systems.

    Filings with the Securities and Exchange Commission show that SCO posted hundreds of millions in losses from 1994 to 2002.

    But ever since determining it owns the ark and the covenant to the enterprise software industry, says McBride, SCOs bad fortune is on the upswing.

    Through a series of intellectual property transfers, SCO wound up with the rights to certain dated distributions of UNIX, the proprietary software platform that Linux was patterned after. SCO asserts that code from its UNIXes was copied into recent Linux releases. Now the company is demanding that commercial Linux users cough up licensing fees for the UNIX in their Linux, or prepare for a tussle with SCOs lawyers. And to show it means business, SCO has taken on computer giant IBM in a lawsuit that could reshape the balance of power among software makers. SCO insists Big Blue owes it billions for allegedly illegally contributing UNIX code to the Linux kernelthe core chunk of code underlying most distributions of the Linux operating system.

    Should SCO prevail, besides reaping its own billions, software megalith Microsoft stands to win the war of enterprise operating systems. Linux has crept up on Microsoft, challenging its stranglehold on the server market by offering better prices, performance, security and reliability. And several Linux companies are positioning themselves to take a stab at Microsofts 94 percent hold on desktop operating systems. Its a sign that the open-source software development model is edging out Microsofts proprietary model.

    People are tired of buying cars with their hoods welded shut. Thats what theyve had in the software industry for years, says Bruce Perens, a Linux cheerleader and open-source advocate.

    With Linux software, source code is open for anyone to improve upon or add to, the premise being: the more heads you have working on each problem, the less likely something will be overlooked. Whereas proprietary software is locked up, accessible only to its owner, who isnt necessarily driven to make the best product, but rather the easiest buck. And, as opposed to selling the operating system as a product in itself, open-source proponents see it as the infrastructure upon which valuable applications can be added, and services rendered.

    Leading the charge against Linux is McBride, the blustering executive every Linux dweeb has come to loathe. Hes no geek, says Benjamin Choate, a self-trained Linux user living in Logan. His tans too good.

    Choate is among the Linux devotees calling SCOs claims ludicrous. Whats more, they say the company is embellishing its position to sow fear, uncertainty and doubtFUD for shortin the minds of Linux developers, vendors and users. SCO opponents say its a mudslinging strategy to scare Linux users into paying up, and to make the slingers product look more inviting than the slingees.

    See, SCO isnt really even SCO. Its proprietary claims are for works it didnt create. The veracity of those claims, many critics believe, hasnt stood up to the most trivial scrutiny. And at every turn, those same critics say the company has revealed itself to be inconsistent and unforthcoming, leading them to conclude that SCO is merely extorting Linux users for unwarranted damages. A short history lesson is probably in order.

    In June 2002, t

  12. Perchance did you see it on slashdot? by Anonymous Coward · · Score: 5, Informative

    This story was previously linked as http://yro.slashdot.org/article.pl?sid=04/01/22/17 24207&mode=thread&tid=106&tid=185&tid=187&tid= 88

  13. Cliff notes version by cluge · · Score: 4, Funny


    Darl: Linux bad, they steal

    Linux: No we don't - what did we steal

    Darl: You know, now just fess up and tell anyone

    Linux: Are you on crack?

    Darl: I will get a court order to make you tell me what you stole from me - (I can't seem to find it)

    Judge: Are you on Crack?

    Novell: You ARE on Crack!

    And the saga continues, tune in next week when darl says "Crack isn't good for my big bright smile".

    --
    "Science is about ego as much as it is about discovery and truth " - I said it, so sue me.
    1. Re:Cliff notes version by Anonymous Coward · · Score: 3, Funny

      You forgot

      Microsoft: We'll take some of your crack.

    2. Re:Cliff notes version by Kiaser+Zohsay · · Score: 4, Funny

      More like

      Microsoft: Here's $50,000. Go buy some more crack.

      --
      I am not your blowing wind, I am the lightning.
    3. Re:Cliff notes version by Anonymous Coward · · Score: 3, Funny

      If he was on LSD & THC we wouldn't have any problems now would we?

      Like woe man. The kernel...it like...is. Man that so rocks *bubble bubble bubble* Oh man! Its like, free and shit! Hehhehehe.

      Pass the cookie dough.

    4. Re:Cliff notes version by dipipanone · · Score: 4, Insightful

      Why does everyone keep talking about D. McBride on crack?

      Partly because Linux Torvalds claimed he must be smoking crack, but mostly because of his resemblance to a a crackhead -- someone prepared to lie, steal or even mug his own grandmother to buy another rock.

      He is obviously more of an LSD/THC type of person!

      You seem to move with a very different set of acid/potheads to any that I've ever met before -- although I'll admit that Darl's flurescent white teeth and orange skin tone are definitely confusing in that regard. However, rather than making me think he's an acid head, he makes me feel as though *I've* taken acid every time I see a photograph of him.

    5. Re:Cliff notes version by E_elven · · Score: 3, Funny

      In other news, the Association For Leisure And Addicted Crack Users Of America is 'thinking about' suing Linus Torvalds for libel.

      --
      Marxist evolution is just N generations away!
    6. Re:Cliff notes version by morgue-ann · · Score: 4, Informative

      LSD/THC

      Nah, his symptoms sound more like crack/coke/meth withdrawl-induced psychosis.

      To see the world through Darl's eyes, you might try a "nightmare hallucinogen" like mandrake or jimson weed. An unguided peyote trip could do it too.

  14. And they're still in business... how? by IchBinDasWalross · · Score: 4, Interesting

    "Filings with the Securities and Exchange Commission show that SCO posted hundreds of millions in losses from 1994 to 2002."

    Only a company like AOL could do that and stay in business.

    --
    Mod "Overrated" instead of replying "I disagree with you," you coward.
  15. Overblown. by Anonymous Coward · · Score: 5, Insightful

    From the text:
    "Should SCO prevail, besides reaping its own billions, software megalith Microsoft stands to win the war of enterprise operating systems."

    Exactly HOW did the author come to this idea?

    Because if SCO were to somehow obtain a victory, the masses who use GNU/Linux would just move over to BSD. But such an obviouus conclusion would have made for a short article.

    Microsoft is more likely to win via software patents than SCO's claims.

    1. Re:Overblown. by N2UX · · Score: 5, Insightful

      Darl has already stated that SCO believes there are unstated "problems" with the USL/BSD settlement. If SCO succeeds in their jihad against Linux, I would not be surprised to see them turn their guns on BSD.

    2. Re:Overblown. by SkArcher · · Score: 5, Interesting

      IIRC the possible problems with the BSD settlement were that if USL had pushed ahead, they may have eventually lost far more than the settlement actually cost them.

      --

      An infinite number of monkeys will eventually come up with the complete works of /.
    3. Re:Overblown. by jimicus · · Score: 4, Insightful
      Not necessarily. There's no incentive for IBM, Intel et al to support BSD with open code because the BSD license allows anyone to take their code, benefit from it and NOT release any changes back. Essentially, IBM, Intel et al would very possibly be writing code on Microsoft's behalf with no payment in either cash or further improved code.

      This may not count for much in the enthusiast market but in enterprise, support from the big guys is a big plus.

    4. Re:Overblown. by MarkusQ · · Score: 3, Insightful

      "Should SCO prevail, besides reaping its own billions, software megalith Microsoft stands to win the war of enterprise operating systems."

      Exactly HOW did the author come to this idea?

      Hmmm. Let's try it in a different context:

      "If the clone warriors prevail against the Jedi, besides them reaping their pay, the mastermind behind their creation stands to become the emperor."

      The logic looks sound to me.

      -- MarkusQ

    5. Re:Overblown. by dipipanone · · Score: 2, Informative

      Provide a

      link.

    6. Re:Overblown. by Pharmboy · · Score: 3, Informative

      I believe very few would "move over to the BSD". Stop spreading the meme. BSD license is not good, BSD licensed things lets others steal your work and sell it without you ever getting anything, and that's not good. With the GPL you at least get any changes back (i.e. the functionality).

      You may not like the BSD license, but when someone uses BSD code for other projects, its NOT stealing. It complying with the license. If Microsoft wants to release a copy of BSD as Windows 2004, and keep the code secret, they legally can, as the license allows it.

      Please go spread your FUD elsewhere. I prefer the GPL myself, but you GPL nazis are getting old. The fact is, the BSD license has more freedom than the GPL license, including the freedom to NOT share the code back. Oh yea, and as you probably know, you only get the changes back with GPL IF they distribute the binaries.

      --
      Tequila: It's not just for breakfast anymore!
    7. Re:Overblown. by dipipanone · · Score: 3, Informative
      Please show where SCO officially said what has been claimed.

      OK, so you're a lazy ass fuck who doesn't know how to follow links or use Google. I don't mind doing it for you, really...
      "I agree that the more yarn you pull out the more you see," McBride said during a press briefing at the inaugural Enterprise IT Week at cdXpo Conference here. "We have enough sorted out, but we are so focused on the [IBM litigation]. With our limited energies and what our guys are going through, we probably won't file any suits against BSD until sometime in the first half of next year."
      Satisfied now?
  16. Word choice by Mieckowski · · Score: 5, Funny

    The article describes Darl as "one angry man."

    Aren't they supposed to use "mad?"

  17. I knew it! I knew it! by Anonymous Coward · · Score: 3, Funny

    Darl is working hard these days so that he too can be knighted by the Queen of England. But Bill didn't have to work *that* hard...

  18. Well, I think this repost is *good* by herrvinny · · Score: 5, Interesting

    Not to be a troll or anything, but this is a really concise article, with both points of view. Face it people, most articles to date have been clearly biased pro/anti SCO, yes, even Forbes, the various hobbyist sites (even my own, check my sig and SCO Report). I'm not saying that's bad or anything, but the non-nerdy don't want to dive into specific details, they want a clear, concise view of things, and this article provides it. Perhaps it's done by SCO's hometown paper, but it still seems to be balanced reporting.

    This is one repost I don't mind. If anyone asks you what this sco fiaSCO is about, you can direct them to this article.

    1. Re:Well, I think this repost is *good* by Qeantk · · Score: 2, Informative

      Man, we (Salt Lake) don't claim him. He is from a little farther to the south, where all the crack-heads live.

    2. Re:Well, I think this repost is *good* by E_elven · · Score: 4, Insightful

      Actually, I get the feeling the author was dancing as close to anti-SCOism as he possibly could considering it was a local company in a fully unresolved case. There are telling uses of words in the text.

      --
      Marxist evolution is just N generations away!
  19. RE: SCO's lost path. by fshalor · · Score: 5, Insightful

    Funny thing is, I was trying to explain the situation to someone over dinner last night. This article does an awesome job of nailing the key points.

    McBride should note: (emphasis added)
    "SCO wound up with the rights to certain dated distributions of UNIX, the proprietary software platform that Linux was patterned after..."

    That's pretty much as accurate a statement as any about the whole situation.

    It's also calling McBride an unsuccessdul salesman. And there's a juicy comment about "Bruce Perens", as "a Linux cheerleader". I'm sure Perens is happy with that sttement.

    Overall, it really reasserts the lack of sense behind the whole thing. The only possible justification for SCO group's actions is the persuit of money for the sake of money....

    Any chance of them changin their front page? I mean, they should get rid of all that betterment drival and just come clean. The fact that their making money hand over keyboard from selling *linux* licenses right now is absolutly, well... I'm not going to meniton it...

    Pengiuns may be flightless, but they have thick skin and kick some serious ass on ski slopes.

    --
    -=fshalor ::this post not spellchecked. move along::
  20. Re:Duplicate Post by glassesmonkey · · Score: 2, Funny

    I guess fearing a lull in SCO news, or maybe providing adicts with their weekend fix, the editors are keeping the SCO-fires burning with these blatent duplicate articles.

  21. Insight? by Anonymous Coward · · Score: 5, Insightful

    There is zero insight in that article. Quotes from both sides. Darl says that something is in a contract in plain sight. Everyone else says it's not in that contract. Does the reporter bother to check? No. He just reports both quotes. Same think throughout the whole article. Both sides give easily verifiable contradictory information, and the reporter never bothers to look at primary sources, even if they are openly available on the web. It is lousy reporting.

    1. Re:Insight? by Vlad_the_Inhaler · · Score: 5, Insightful

      Is 'The Salt Lake City Weekly' a freebie? It certainly looks like it. In that case, asking for 'Insights' is being rather optimistic - they did not write the Slashdot blurb on the article.
      What it does do quite well is to summarise what the two sides are claiming in terms that a non-technical can understand.
      If the whole story were completely and obviously cut-and-dried, SCO would be bankrupt already. SCO have at least made an attempt to make it look as though they have a case.

      --
      Mielipiteet omiani - Opinions personal, facts suspect.
  22. *RingTFA* ...Sh$# you're right! by janbjurstrom · · Score: 5, Funny
    I only got through a 1/3 of it before it scared me senseless though..:
    "Our customers that are buying [UNIX] from us today, we generally don't have a problem with," McBride said. "We have some former customers that have left that are running on Linux, and they are in the crosshairs."
    We're in deep trouble people! There are lawyers, positioned on rooftops, packing sniper rifles, as we speak *shudder*

    Thank God so many of you are quite accomplished CS players. Duck-run-strafe-fire!
    --
    668.5
    1. Re:*RingTFA* ...Sh$# you're right! by Distinguished+Hero · · Score: 4, Funny

      Thank God so many of you are quite accomplished CS players.

      Good. This will get rid of all the bunny-hoppers when they try their "tactic" in real life. Certainly no great loss to the gene pool there. :P

      --
      Uttering logically derived and empirically supported truths to the disciples of the orthodox establishment.
  23. Reprise:Evidence of origin,ownership,copyright+GPL by NZheretic · · Score: 5, Informative
    What evidence of origin,ownership,copyright + GPL
    by NZheretic : Mon 09 Jun 03:30AM:

    SCO's evidence of origin and Function dictates form

    What proof did SCO present for the origin of both fragments of source code?

    What proof did SCO present to show the SCO code did not originally from old BSD,Linux or public domain publications?

    Who put the SCO source into Linux? - Was put there by Old Novell/SCO/Caldera in the first place?

    What proof did SCO provide to show that the person had access to SCO's Unix sources?

    The latter question raises another issue. The similarity is just as likely to be due to both operating systems performing the same role. Form is often directed by the function it performs. Function and variable names are often dictated by the API and common terminology.

    Both the current Linux and Unix kernel developers have attended the similar university courses and read the same publicly available documentation. The works of W. Richard Stevens are very influential as a reference toward modern Unix and Linux and have dictated the implentation of APIs and TCP/IP stacks in both.

    Copyright WHAT Copyright

    From Groklaw .

    Now that copyright is back on the table in the SCO case, you might like to

    read the law on copyright.

    SCO held another telephone conference today, but you had to be on time. I tried to call in later, when I was free, to hear the recording, but although the operator told me it had been recorded, it wasn't being made available. She suggested I contact SCO and ask to hear it. Meanwhile, someone who did listen posted on Slashdot as "mec" and he or she heard this question and answer :

    [question #3] Stephen Shankland, CNET --

    "Q: Copyright office does not have an assignment on file [for the Unix copyrights from Novell]. 'Is it your understanding that the copyrights have not been registered yet?' A: 'Stephen is correct ... [if we need] we will change the assignment of copyright ...' [we can do that at any time]."

    If this is true, that they failed to register, it puts another interesting twist on this story. (Novell put a twist of its own, by posting a press releaseon its site saying that while the Amendment that SCO sent them seemed to support their claim "that ownership of certain copyrights for UNIX did transfer to SCO in 1996", Novell doesn't seem to have the amendment in its own files, and patents for sure didn't transfer.)

    It's true you can register a copyright any time, but you can't sue for infringement until you have registered and you can't get certain damages for infringement that occured prior to registration: "Before an infringement suit may be filed in court, registration is necessary for works of U. S. origin." Section 411 says it precisely like this:

    " 411. Registration and infringement actions10 (a) Except for an action brought for a violation of the rights of the author under section 106A(a), and subject to the provisions of subsection (b), no action for infringement of the copyright in any United States work shall be instituted until registration of the copyright claim has been made in accordance with this title...."

    You are limited as to remedies without registration, as Section 412 sets forth:

    " 412. Registration as prerequisite to certain remedies for infringement11

  24. Still funny... by Fiveeight · · Score: 5, Insightful

    Yeah, it's a dupe, but I still find this one funny.

    "I've been pounding the table here for a year or so saying there's no free lunch, and there is going to be a day of reckoning for every company that thinks they are going to try and sell a free model." That's Darl McBride, president and CEO of the SCO Group, a perennial loser at selling UNIX and, until recently, Linux operating systems."

    Couldn't say it better myself.

  25. Tort reform by Anonymous Coward · · Score: 5, Insightful

    Reading this article made me sick to my stomach. I get it (finally). Darl won't be stopped until he's either rich or passed on to the great closed source world in the sky.

    Having dealt with these pump & dump attorneys in several ventures, the unfortunate realization one makes is that there is nothing - not a single thing - a good, legitimate enterprise or individual can do to stop these thieves. Try suing them to stop them from stealing assets? They'll stall your legal action out - make it take a couple years (by then, there's never anything left). Only tort reform can make an impact.

    Darl and his kin are the modern equivelent to a roundworm. Their parasitism preys on the output of others. Parasitism's a natural occurance in the competitive dynamic of life, but at least in other systems, the host is allowed to attempt to rid itself of them. In the US, nearly all legal means of dealing with parasites are rendered ineffective by the diseased court system.

    Legal parasites make bogus claims to the results of others work - Linux, patent claims of obvious items or with prior art and increasingly abuse two disasters in the US legal system (continually propped up by one of the political parties):

    1. A distorted, manipulated intellectual property award system that allows parties that contibute payola and/or recognize and reinforce the system to be the beneficiaries of an award of others property. Hire attorney. Grease wheel. Pay off the party. Get patent award snuck through. Hire more attorneys. Sue the rightful owners of your "property" for infringement. Get rich. Pay party and attorneys again.

    2. A judicial system filled with crooks and fools. More than two thirds of the justices are of the same system. On the rare occasion you get an idealist, they're quickly focused on inventing absurd laws (like throwing out constitutional guaranteed rights, or inventing absurd new rights) and kept out of the back room where the money flows. It's like Zaphod Beeblebrox of the Hitchhiker's Guide books, the fools are there to distract the attention from you while your wallet is being lifted.

    U.S. citizens that look to crooked third world nations (e.g Cuba, Venezuela) should realize their legal system no better. The only difference is that the crooks that run the system in the US are richer than most elsewhere.

    So open sourcers, until you're permitted to rid yourself of parasites (which unfortunately means both of your parties - and if you don't think your (D) or (R) friends are bought and paid for, then you know which category above you belong in!), understand that your great open source universe represents a dream host to these people. Darl's only uniqueness is that he's one of the first.

    1. Re:Tort reform by adrianbaugh · · Score: 2, Insightful

      > Try suing them to stop them from stealing assets? They'll stall your legal action out - make it take a couple years (by then, there's never anything left). Only tort reform can make an impact.

      I'd like to see them stall Big Blue. I agree with your point, but until the law is reformed it's very nice to have the local 800lb gorilla on-side :-)

      --
      "'I pass the test,' she said. 'I will diminish, and go into the West, and remain Galadriel.'"
      - JRR Tolkien.
  26. This part is great! by obotics · · Score: 5, Insightful
    The following two paragraphs show what a legal nut this McBride character is: (summary- a while back, McBride questioned why IBM had not indemnified their customers if they were so confident that Linux was free from illegal activity. However, after Novell and HP announced indemnification programs, McBride turned the argument around and stated that their MUST be something illegal in Linux, or Novell and HP wouldn't have bothered :p)

    McBride and company are quick to tout the warranty advantages of proprietary software over public systems like Linux. Ever since taking on IBM, SCO has persistently goaded Linux distributors to protect their end users by offering indemnification--that is, agreeing to foot the bill if some company, say SCO, sues for intellectual property violations. As recently as October, SCO spokesman Blake Stowell reiterated the talking point. "If IBM is so confident that Linux is free and clear, why don't they indemnify their users against any lawsuit SCO could bring against them?" he asked.

    That was then. Novell and Hewlett Packard (HP) have since announced that they will indemnify their Linux customers. However, McBride managed to spin the implications of those announcements 180 degrees to SCO's favor. "By announcing the programme they are acknowledging the problems with Linux. Through the restrictions and the limitations on the programme, they are showing their unwillingness to bet very much on their position," McBride told the online British technology magazine VNUnet.

  27. SCO the Bully by 110010001000 · · Score: 5, Interesting

    My concern with all of this crap, is the fact that someone hasn't forced SCO to shut the hell up. It reminds me of the Bully in grade school. He would consistantly beat up on kids every day. Some even to the point of actual damage, and he was NEVER suspended. Never. Ever. I think that is what needs to be really focused on. Not so much as "When will all of this madness end?", but rather "How can we prevent this from ever getting this far, if history repeats itself?"

    Also, from the article: "[Darl]I've been pounding the table here for a year or so saying there's no free lunch, and there is going to be a day of reckoning for every company that thinks they are going to try and sell a free model."

    What is with this messianic attitude? Perhaps what Darl does not realize is that folks contribute to Linux and other open source projects through a variety of reasons. Notably, some contributions to open source have happened via tax-payer funded projects from a variety of nations throughout the world. Other contributions are made from the generous and charitable contributions of others who simply want to make a difference. Darl wants to exploit those contributions and leverage his band of merry lawyers to "liberate" Linux from the rest of us. Only his liberation is not for anything other than selfish desires (like any criminal who sees nothing wrong with theft) with no respect to the common good.

  28. Whatever you do, don't look at it! by Colonel+Cholling · · Score: 5, Funny

    From the article:
    But ever since determining it owns the "ark and the covenant to the enterprise software industry," says McBride, SCO's bad fortune is on the upswing.

    Shouldn't that be "ark of the Covenant"? Maybe that explains their reluctance to actually open up the code and show what was "stolen." I, for one, would love to see Darl's head melt.

    --

    I am Sartre of the Borg. Existence is futile.
  29. I've found a better explantion of the SCO situatio by Chas · · Score: 5, Funny
    Right here

    Anybody who's been exposed to even a little television in the last 20-30 years should be able to pick up on this explanation.

    --


    Chas - The one, the only.
    THANK GOD!!!
  30. new to the SCO/Linux thing? by gyratedotorg · · Score: 2, Funny

    i cant help but wonder who these slashdot readers are that are "new to the SCO/Linux thing."

    --
    Gyrate Dot Org - "Where high-tech meets low-life"
  31. WTF did you call me? by utahjazz · · Score: 5, Funny

    Leading the charge against Linux is McBride, the blustering executive every Linux dweeb has come to loathe

    We finally get to the point where it's ok, pehaps cool even, to be called a 'geek' or 'nerd', and so they start calling us dweebs. What's next? Linux Douchebags? Linux Shitstains?

    1. Re:WTF did you call me? by krumms · · Score: 2, Funny

      Linux Douchebags? Linux Shitstains?

      Linux Torvalds?

  32. Intel vs AMD by Barnett · · Score: 3, Insightful

    They are random numbers representing computer error codes, which have been established as international standards.

    If SCO can sue over this, then why can't Intel sue AMD for using the same interrupt vectors, instruction set, etc.

  33. More than a bully by Anonymous Coward · · Score: 4, Interesting

    "How can we prevent this from ever getting this far, if history repeats itself?"

    In a lot of respects, SCO's behavior is a lot like that of James Taggert in Atlas Shrugged - especially when James got involved behind the scenes in attempting to profit from Francisco d'Anconia's Mexican mine venture.

    (For those who aren't familiar with the work, the book was author Ayn Rand's "comprehensive" embodiement of her objectivism philosophy into a novel form. While objectivism has its issues and is certainly incomplete in many areas, it provides a contract philosophy basis that is probably best represented by the emergence of the open source world. In a nutshell, the only legitimate way for two people to interact is on the basis of trade, where each is receiving what they perceive as a legitimate and appropriate value for the trade. Coercion, extortation, theft (taking without a consensual trade), intimidation, etc. are all inappropriate forms).

    This behavior is trivialized by calling it "bullying" (though the previous poster's intent was dead on). Recognized for what it is, Darl's behavior is profound parasitism, and all parasitism (which steals life from its host) is nothing more than a polite form of murder.

    So what if Darl steals Linux, taking the livelihood away from thousands of rightful creators? So what if they go unemployed, unable to work on their creation without Darl's consent? So what if they lose that health insurance policy and cannot afford the prescription their children need? So what if they die?

    Out of the tens of thousands of Linux-involved persons, the probability of death being caused by the success of Darl's quest is certain. Even the fear he has induced into the Linux world has had an effect - halting a Linux project here or there and causing honest people to remain unemployed.

    No, the best clue to understanding Darl is this quote from the article:

    "And SCO executives have even taken to traveling with bodyguards, a necessary measure, they say, given numerous death threats."

    Most certainly "perceived numerous death threats." The funniest thing about the James Taggerts of the world is that as righteous as they may sound at times (as they pursue their nihlistic path), deep down they know they're nothing more than a worthless being that preys upon others. They recognize that eventually they will encounter a host that refuses to be consumed, and this paranoia manifests visibly in the hiring of bodyguards, personal security, defamation lawsuits, etc.

    The solution? A GPL with teeth, backed by an open source community that aggressively funds their own legal defense foundation in order to firmly deal with predators and parasites like Darl.

  34. a question UNIX ABI by linuxislandsucks · · Score: 3, Insightful

    a question

    Since according to the rulling on the org BSDI v UCB complaint UNix SsystemV edition 4 through 6 may be public domain..

    exactly what parts of Unix ABi that SCO group uses is new past edition 7 of system5?

    Also according to the same rulling only the IP stack was seen as continaing Unix system5 edition 4 trade secrets.. since no one uses that stack nayomre except for unix licenseees what other Unix IP is out there?

    The copyright and public domain issue is probably why SCOX never made copyrights an issue in the org complaint against IBM..:)

    --
    Don't Tread on OpenSource
  35. Come on! by Anonymous Coward · · Score: 2, Insightful

    Enough already. We all get it. McBride is less than ethical and SCO so far has no apparent case as they have yet to produce any real evidence. How many more of these overview articles do we need to read? We all get it already. Until something new happens in the case it is overkill to report on it. Enough of daily SCO related stories with no real new tangible info.

  36. It takes more than one court. by Martigan80 · · Score: 2, Interesting

    It does, so does SCO have enough money to carry this out? I mean how long and how many appeals did the first Anti-Trust for MS take? Besides SCO vapor-evidance is still the big thing right now. I wish the media would tell Mr. Mc to STFU untill you produce the evidance on your own.

    --
    This SIG pulled due to lack of funding. (This damn war is costing too much!)
  37. SCO is bad ....mkay by qoquaq · · Score: 3, Insightful
    What is worse is the profiteering from the whole "scandal". No one is going after these pin heads but watch out for Martha Stewart!

    She should be in jail ... mkay. Cause insider trading is bad ... mkay. We gotta put that on TV ...mkay. Gotta get the message out ...mkay

    Linux Communiy: Well, trashing a whole software movement to gain financially is not network worthy news?

    Software is too technical ... mkay. Most folks don't understand why the little blond haired Linux boy is that important ...mkay. We need to get Martha mkay, she's bad ... mkay.

    The whole thing is very frustrating!

    --

    "They say travel broadens the mind, so I went over the falls in a barrel." -Thomas Dolby

  38. HURD shuffle, BSD today? BeOS? Plan9? by puzzled · · Score: 4, Insightful

    Linux is a kernel. GNU is an overall Unix replacement. GNU/HURD is a potential kernel replacement. BSD should be untainted by this and you've got three major and two minor varieties from which to choose, with FreeBSD being the easiest transition for Linux users.

    The ecological niche here is *open* - even if Linux goes extinct over this, GNU+HURD or FreeBSD is going to slide right into that position, and if there is further trouble from the SCO camp I don't think *anyone* can impinge the likes of Plan9 or BeOS. Sure, it'll be a huge change, it might set us back another ten years, but Stallman opened Pandora's box a long time ago and no one is going to be able to close it now.

    Not SCO with their frivolous lawsuit, not Microsoft with their billions in cash reserves, not silly US Patent law, not Digital Restrictions Management in BIOS; no one can stop it now - profit motive and customer demand are going to grind those things into the dust as surely as the automobile did to tack and harness shops.

    The internet is global and the desktop is strategic. I mean military/industrial strategic - look at the Pacific rim and their government's backing of their own Linux distribution. Europe is more low key about it but they're equally pleased to have local boys making a more stable product and freeing them from possible NSA/CIA/FBI sanctioned intrusion.

    GNU came into being when I was a highschool senior. I'm old enough now to have a child that is a highschool senior but I started reproducing later in life. I'm sure that by the time my son is a college freshman Microsoft's OS offerings will look as quaint as QEMM/386 or OS/2 looks today.

    Drawing a blank on QEMM/386? Don't know who Quarterdeck is? Never actually seen OS/2? Both stories are instructive but OS/2 is probably the most relevant - what *IS* the fate of an overweight, closed OS when a more nimble competitor comes into the arena?

    --
    I am very easy to get along with, but I don't have time to waste being nice to people who are being stupid. -Theo
    1. Re:HURD shuffle, BSD today? BeOS? Plan9? by starseeker · · Score: 3, Insightful

      "I don't think *anyone* can impinge the likes of Plan9 or BeOS"

      Ah. You fail to grasp the most fundamental property of the lawsuit as a weapon. Their claims to Linux have to date not been proven publicly in ANY way, and yet they make trouble. The same tactics work just as well for any OS.

      Even if we were to develop a new OS from the bit level up, they could still say they own fundamental OS concepts and by definition any working OS owes them money. It doesn't have to make sense - you just need lawyers to try it.

      Welcome to the law as a killing tool. Merit isn't the issue - it isn't even of interest. It's what can you say, how loud can you say it, and who will believe you.

      --
      "I object to doing things that computers can do." -- Olin Shivers, lispers.org
    2. Re:HURD shuffle, BSD today? BeOS? Plan9? by shadowbearer · · Score: 2, Insightful

      Welcome to the law as a killing tool. Merit isn't the issue - it isn't even of interest. It's what can you say, how loud can you say it, and who will believe you.

      Yes. I'll add:

      and what is killing our country, our society, and our culture, slowly, methodically, and for no other reason than pure greed and the distorted belief that being rich somehow makes you a better person.

      Bastards.

      SB

      --
      It's old. The more humans I meet, the more I like my cats. At least they are honest.
  39. Best Quote of the Story by jmt9581 · · Score: 3, Interesting

    Straight from the article:

    For months, SCO has encouraged users to take advantage of the promotional price, but there haven't been many takers.

    "We haven't published the exact number yet," McBride said. "It's not in the dozens, but it's, you know, we've had some that have started to sign up."


    This makes it sound like absolutely nobody has taken SCO up on their offer. Is there anyone here on Slashdot that will admit to it? :)

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    My blog

  40. Re:Friday... by danb35 · · Score: 4, Informative

    The hearing was delayed until Feb. 6. The reasons for the delay seem uncertain.

  41. how? Here is How by bstadil · · Score: 4, Informative
    Only a company like AOL could do that and stay in business

    Why do you think so? When Caldera went public as a Linux company they raised $250M. They can piss away that amount, before they face a liquidity problem. As a matter of fact that is precisely what happened. They were running out of cash and the IBM suit was a last desperate Hail Mary act.

    Sad the Linux community and IBM has to pay for it. To some extend it is good that Royal Bank of Canada stepped in (Behest of MS?)as there is a chance that case gets thrown out before their $50M infusing is gone.

    This means IBM and RedHat can collect something, plus the corporate shiled to Canopy might just have been pierced meaing they can be held accountable as well as the offecers personally.

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    Help fight continental drift.
  42. Any? One? Some? by handy_vandal · · Score: 2, Interesting

    "We haven't published the exact number yet," McBride said. "It's not in the dozens, but it's, you know, we've had some that have started to sign up."
    is that supposed to make sense?
    Does one count as any?


    Yes: "one" does couny as "any". Also, "some" counts as "any" -- although "some" is more that "one".

    The part about "We haven't published the exact number yet" is particularly annoying. Surely McBride knows the exact number. And the word "yet" is supposed to clue us that SCO will publish the exact number. But I'm left with the impression that the exact number is an embarrassment to SCO. Indeed, the whole business of SCO litigation smells of embarrassment. I'm glad I'm not those guys -- humiliating myself in public for the sake of money.

    -kgj

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    -kgj
  43. Back to the Future....? by reydar · · Score: 3, Funny

    Is it just me, or does Darl McBride share a striking resemblence to Biff from Back to the Future?

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    ------- "I must create my own system, Or be enslaved by another man's" -William Blake
  44. This part here was a real kicker for me by Vicegrip · · Score: 3, Insightful

    McBride says SCO has shown plenty. "They're disingenuous on that or they would be ripping out the million lines of code we've already pointed to," he said, adding that the violations are too far-reaching to simply rip out anyway. One million lines amounts to roughly 20 percent of the entire Linux kernel. McBride says SCO revealed the offending code last August at its Las Vegas SCOForum. "Truly, and then they just ignored it," he said.
    If this isn't the most baldfaced lying I've ever seen in my life I don't know what is. I feel like a passerby overhearing a wacko prothelysizing absurdities whose obvious falseness is apparent to even the children laughing at him; then the loon complains that nobody takes him seriously.

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  45. Re:Any? One? Some? by gl4ss · · Score: 2, Insightful

    you should also note the wording of 'have started to sign up' which could mean _anything_.

    like, 'they have received the empty threats' could count as that.

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    world was created 5 seconds before this post as it is.
  46. Oh yeah.... by Geek+of+Tech · · Score: 2, Funny
    "And SCO executives have even taken to traveling with bodyguards, a necessary measure, they say, given numerous death threats."

    Yeah, but most of the death threats are from their lawyers, wanting something worth diddley, instead of SCOX Stock.

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    Stop the Slashdot effect! Don't read the articles!
  47. Last Line of the Article by Bilbo · · Score: 3, Insightful
    I always look at the last line in an article like this to tell me what the author is really thinking. I love the Linus quote he put there:
    "The less I have to do with Darl McBride, the better off I am ... I don't want for that 'Darlness' to rub off on me."
    I have a feeling that, while the author takes the accusations seriously (Copyright infringement, if it really is in there, is a serious thing), he doesn't give much to Darl's credibility in the situation.
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    Your Servant, B. Baggins
  48. Re:Let me explain why your observation is wrong. by Eivind · · Score: 3, Insightful
    The problem with your argument is that it reads alot like "What if 2+2 is really 5?"

    There's a long chain of events required, and every step of it is highly unlikely:

    • SCO manages to prove that IBM contributed code to Linux, and that doing so violated a agreement they had with SCO.
    • SCO manages to convince the court that they own the 3-decades-old unix-code to begin with, and not only limited rigths to it as Novell claims.
    • The Linux kernel-hackers does not manage to rewrite, replace or live without the contributions of IBM.
    • SCO manages to proove that it owns BSD code that was released years before they acquired any rigths to any historic unix.
    • SCO convinces the court that the fact that they themselves distributed, and contributed to Linux under the GPL does not mean they actually meant to give away their code under the GPL.
    • SCO manages to convince the court that all of its mutually exclusive statements are true at the same time. That is, public on-the-record statements from Darl made *after* the current cases started should be disregarded. Statements like: "users have a choise - they can go back to using 2.2, we don't have a issue with that" conflict rather badly with current claims to own ABI's that have been in Linux since 0.01
    • SCO manages to convince the court that public facts, publically known and used for decades are subject to copyrigths. (Normally copyrigth covers only the *expression* of an idea, not the idea itself) #define ENOACCESS 3 cannot normally come in under copyrigth-law.
    • They manage to proove all of the above also in other countries, not only the US. (If not, Linux-development will thrive in the rest of the world, and at most the US will suffer a setback.)
    IF, and only IF, they manage ALL of these, there migth be a problem. That is, assuming there aren't any obvious ones I missed.

    Ofcourse you don't need a law-degree to estimate the probability of this as pretty darn close to zero. Infact, my guess is that they will not manage to establish a single one of these points.