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Open Source Group Victoria v. SCO, Part II
Following up on last July's complaint, Elektroschock writes that "The Open Source Group Victoria (OSV) made a second complaint to the Australian Competition and Consumer Commission (ACCC). In a similar case in Germany SCO Group received an injunction from the court, so SCO never sold Linux licenses in Germany (tarent vs. SCO, district court Munich). Competition police seems to be a strong weapon against SCO-like action."
Competition police seems to be a strong weapon against SCO-like action.
What? Could some explain this?
SCO never sold licenses in Germany because of an injunction? Have they sold any licenses anywhere? Didn't think so....
Literally I puke it up nowadays It goes on to allege that SCO "made a false or misleading representation
And so ... I troll no more
MoFscker
Taking them to court may be a violation of their business method patent!
Sheesh, evil *and* a jerk. -- Jade
It's nice to see that the ACCC are doing their job. Does anyone know what the situation in the UK is with regards complaints to the relevant authorities? I would be very, very surprised indeed if the Trading Standards Authority, in their new guise and with things to prove, allow the sale of Linux licenses to UK residents and companies by SCO before a decision is reached in court with regards the allegations against the Linux kernel.
I don't know how it would be in Australia - Munich obviously was not interested in paying for Linux (they are currently migrating...)
You can defy gravity... for a short time
Why hasn't anybody done something like this yet in the US, where SCO is arguably the "strongest"? That'd REALLY put a damper on their FUD.
And while they were at it, maybe they could get the court to order that SCO pay back any company they scared into paying for a licence.
- an administrative fine from EUR 5 up to EUR 250.000,
- and, in the case that this cannot be collected, administrative detention
or
- administrative detention of up to six months to be enforced in the person of the managing director
in each case of contravention
prohibited
in business relations from claiming and distributing the assertions
as far as such assertions are not proven to be true.
That's clear enough. No more threats by SCO in Germany, or Darl goes to jail.
SCO isn't fighting this. If they had a case, they would.
Competition police seems to be a strong weapon against SCO-like action. ... IN countries that have applicable laws
NO SIG
Help fight continental drift.
In fact quite some people tried to purchase licenses and SCO wouldn't sell them any (because then SCO could get sued for racketeering(sp?))
It is sad that there are businesses that will so easily pay the extortion money. This only encourages others to adopt similar extortion techniques where they make bogus claims and want you to pay up *before* any of their claims have been proven. Maybe if I was as corrupt as SCO management I would also make a claim against your Linux installations and you'd pay me too. Oh well.
And please tell me that you at least got a T-shirt.
It is like SCO is saying that you stole their lawn mower because they heard you have an automobile. As evidence they point to your neighbour's RV.
Yes, it is that crazy.
[Stolen from Yahoos Finance's SCOX Message Board]
There once was a man named McBride
Who brought a great case to be tried
His stock was a hit
As Darl talked his shit
But the code he continued to hide.
To lawyers McBride was a debtor
Who sought to sue users by letter
He sued IBM
With facts few and thin
A five year old could have done better.
Darl's *nix was the first in his deal
The clones that came after he'd steal
The clones were his perks
Or derivative works
Like prior art on the wheel.
The press was the court Darl first chose
Didio just brought it new lows
One could not but wonder
Whose sheets they were under
Since both were just Microsoft hoes.
Darl claimed stolen code when he sued
With millions of lines he'd include
He must have deceived
Since no one believed
He could count to twenty one when nude.
To be purchased was Darl's major plan
Then retire and keep up his tan
IBM said, "Fuck off,
You won't be playing golf
But homeless, beside a trash can."
McBride only wanted a fee
For Linux , which always was free
His whole case was hinging
On Linux infringing
On SCO's useless IP.
Darl wanted these fees forever
For hatching a plan he thought clever
With news so infernal
While hacking the kernel
Linus said "what the fuck ever."
Who understood Darl's attack?
Surely he smoked the best crack
We were mostly appalled
Ninety-three called
Wanting their UnixWare back.
In Vegas Darl said it would be
A display of infringing IP
Boy Wonder McBride
Pitched all truth aside
What he showed was all BSD.
Darl sued everyone that he could
With contracts he misunderstood
Not even a shrink
Could teach him to think
These lawsuits just made him sport wood.
(post to be continued in following post due to Slashdot wordcount filter, sorry)
NOTICE: SCO has suspended new sales and distribution of SCO Linux until the intellectual property issues surrounding Linux are resolved. SCO will, however, continue to support existing SCO Linux and Caldera OpenLinux customers consistent with existing contractual obligations. SCO offers at no extra charge to its existing Linux customers a SCO UNIX IP license for their use of prior SCO or Caldera distributions of Linux in binary format. The license also covers binary use of support updates distributed to them by SCO. This SCO license balances SCO's need to enforce its intellectual property rights against the practical needs of existing customers in the marketplace.
For further information on how to obtain RPMS/SRPMS for OpenLinux, eDesktop and eServer see:
www.sco.com/support/linux_info.html
For further information on how to obtain RPMS/SRPMS for SCO Linux 4.0 see:
www.sco.com/support/scolinux_info.html or the SCO Linux 4.0 Update Download Page.
From: www.thescogroup.com/support/download.html
Not that anything else makes any sense, but if they are threatening people who won't license thier Linux, yet refuse to sell anyone a license.
1. Freely Distribute SCO brand swiss cheese
2. Claim you own all other Cheeses as derivitive works.
3. Demand people license thier Various cheeses or be sued.
4. Refuse to sell anyone said licenses.
5. ???
6. Profit!
Read this link.
Taken directly from
http://www.thescogroup.com/scosource/eula.html
You may not assign, sublicense, rent, lend, lease, pledge or otherwise transfer or encumber the SCO IP, this Agreement or Your rights or obligations hereunder
The SCO group is now distrubuting the kernel with additional restrictions, and thus are violating the GPL. They are truely now in violation of all the kernel developer's copyright on the code.
Molog
So Linus, what are we going to do tonight?
The same thing we do every night Tux. Try to take over the world!
Competition police seems to be a strong weapon against SCO-like action.
The most salient observation I have seen for some time on Slashdot. You nailed the point.
Intellectual Property, be it trademark, copyright, patent, trade secret, and the related non-IP causes of action such as anti-circumvention, create limitations and monopolies. Ideally, the monopolies are carefully limited against social needs to yield a net societal benefit, but as with all law, horrifying results can occur. IP is a core source these days of examples of unintended consequences.
While IP and pseudo-IP create monopolies sponsored by the government, the government likewise has another body of law, a different kind of trade regulation, antitrust, to keep enterprises from abusing even fairly obtained competitive advantages to the detriment of society. Like IP, the application of these laws must be careful, because fear of antitrust liability can actually result in highly anticompettive consequences to the detriment of society.
Combine that with the corpus of law governing unfair competition and deceptive trade practices more generally, and it is no surprise that when a company really goes out there, there are a kazillion conflicting policies and issues.
That is why some uses of IP can be so "out there" as to rise to anticompetitive conduct, even though the monopoly given was government-blessed. And why some anticompetitive conduct can preclude a right to assert iP.
Look for that whenever: (i) a company with significant market share throws IP weight around; (ii) a company with a fairly fought ownership of a marketplace governed by IP tries to extend their rights to non-controlled markets; and (iii) a company, though not a market leader or innovator, really stretches some IP rights they do have to control a market beyond any reasonable threshold.
When will the U.S. justice system get around to doing anything? 2006? Later? By then scox will be gone, and those who orchestrated the scam will be even wealthier.
It doesn't matter if you're doing something blantantly illegal, as long as you do so in a country with a hopelessly inept justice system.
Back in October, scox filed an absurd motion to dismiss the redhat case because scox cliam - in deference to overwhelming evidence - that scox would never threaten to sue linux users. The Delaware court has been sitting on the motion for all these months. See how easy it is to delay and get away with murder?
Remember that they're not actually *selling* the license here in the US, only claiming to. More than one person has documented the effort of attempting to buy a license, only to be ignored by SCO.
They probably realize that they have the potential to get into serious trouble here if they do sell a fraudulent license. They can yell about it all they want, however, to keep the stock price buoyed, and the clueless journalists who write about it never seem to think to do a little more research into the process of buying one.
Do you have ESP?
SCO Linux is/was their Linux distri.
The Linux license is a protection from being sued.
It can now be bougth online here.
I have discovered a truly remarkable proof for my post which this sig is too small to contain.
[100% ISO 646 Compliant]
SVM, ERGO MONSTRO.
Some people got upset that a friend of theirs died. They thought the police were chasing this kid who impaled himself on a fence somehow. But the police say it didn't happen.
Either way, they threw some rocks at the very controlled and very restrained and very responsible police, who in Australia don't have the harsh attitude US police seem to have. Our cops pretty much let them throw their rocks, backed off, and left it a couple of days before even starting to arrest people.
It was clear from the way the police behaved that they understood the situation, how bad it could have got, and took a non-racist approach to solving the problem
Look, there may be some racism in Australia, but not where I live, not my friends, no people I know, not people I work with, not people down the street. We are a completly multicultural society, and it's a great thing.
There's much more freedom in Australia than in the US. We don't have the level of "security" the US has, nor the harsh criminal penaltys for petty crimes. We don't have 2% of our population permanantly incarcerated.
Racism is seriously frowned upon in this country. A white man will be ostricised and snubbed from socioty should he choose to be racist. As a white Australian, I don't want to know any racists. And if I ever meet one, they're going to hear a piece of my mind. I honestly believe the vast majority of Australians feel the same way.
This is really stale for any one who has even nodding aquaintance with this.
[Gentoo is hyped. Modded into the ground to suppress opinion]
Ah, but what you fail to mention is that at one time, Australia was a penal colony, and had 100% of its population permanently incarcerated.
So HA.
Oh and of course just because 200 years ago, some of Australia's population were convicts, must mean we're all a bunch of savage racist thugs now.
Just like American's are slave trading racists now huh? Go build a log shack man!
No, it was never 100% - there were guards and stuff.
That said, I have to (reluctantly) disagree with the grandparent post. There _is_ a certain amount of racism in Australia, towards Aborigines (who, like black Americans, are over-represented in the prison population), and the most recent immigrant groups (which happen currently to be predominently Muslim). However, it depends a bit where you are. People out in the bush tend to be a little more racist than city dwellers (a generalisation), and people from the lower socio-economic groups tend to be a little more racist than better-off citizens (another generalisation).
What a long, strange trip it's been.
Purely tongue in cheek.
:-p.
As for slave trading racists, those were the days, weren't they!?
And most of the Australians I've met were savage racist thugs - they all consider Aussies to be better
For the humor-impaired:
I like cheese. Do you like cheese?
Oh really? Check out this article about young Aussies being handcuffed and held in prison in The Land Of The Free, The United States of America, because they were non-white and had non-Christian names. But I guess it's ok to be a bunch of raciasts, cos you have 300 million people.
Forget thrust, drag, lift and weight. Airplanes fly because of money.
Not to mention in the aftermath there's been few, carefully considered arrests and even in the (highly unlikely) worst case scenario that the kid was being pursued by the pliice, he died because of nothing more than a tragic accident (he wasn't shot in the back, or dragged of his bike and beaten to death).
I would fear to live there being non-white.
If you'd be scared to be living in Australia because you weren't white, then you're not going to have much luck finding anywhere in the western world you'd feel safe.
Not to say our record on race relations is peerless, but you'd be a lot better off being poor and black in Australia than you would being poor and black in, say, America.
If by "doing their job" you mean "receiving complaints", then yes, they're doing their job. I seriously doubt any action will come out of this particular complaint. The entire basis of the complaint is still under consideration in the US, and I doubt the Australian courts would preempt the US courts, let alone a government body that regulates competition. I'd love to see the ACCC take a stand against litigious predators like SCO, but I doubt this kind of argument will spur the ACCC on. Complain about anti-competitive behaviour, sure, but the ACCC won't act on some unproven legal argument. The ACCC isn't a court of law, it's a Competition and Consumer Commission.
Is it true that SCO will not legally sell linux license without an agreement not to sue SCO later on? If this is true, could we not put SCO in a bind by suing SCO for not selling us linux license and when they do, we can sue SCO for selling us a license to something they don't own. And isn't it illegal for a company to force customers to sign an agreement to exempt them from a lawsuit (such agreements are voluntary, right?)?
Why don't I use the capitalism vs communism :-)
stunt ? Precisely, I get some of that fed.
fund pointed at Linux. Haha!! Also I get some
of those idle brains in the CIA too
So that's three then, right Darl?!
Two we know, MS and Sun, the other I dunno.
J.
You're only jealous cos the little penguins are talking to me.
I have 2 things to say to you SCO:
01000110010101010100001101001011001000000101100101 00111101010101
and
01011001010011110101010100100000010100110100100001 00111101010101010011000100010000100000010000100100 01010010000001000001010100110100100001000001010011 01010001010100010000100000010011110100011000100000 01011001010011110101010101010010010100110100010101 00110001000110
When all is said and done, nothing changes...