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."
CowboyNeal touched my junk lberally. He strapped me into his GNU/mobile and he couldn't keep his chubby sausage fingers off of me! He was performing many red flag touches. I couldn't believe what the fuck was going on. I told CowboyNeal that Kathleen Fent would not approve of a Perl hack touching an underage kid for free.
Can you believe it? CowboyNeal did all this. He picked me off the street, strapped my arms and legs down in the GNU/mobile's passenger seat and just wouldn't stop fondling my stereotypically tiny cock and balls.
They were definitely red flag touches. The god damned referee he had in the back seat kept on raising up this red flag every time he touched my junk but did CowboyNeal care?
NO WAY!
He just kept on doing it. I couldn't believe what the fuck was going in, indeed. I pleaded with Mr. Neal but to no avail. I told him Slashdot would mod bomb him for touching an underage kid like me (at the time I was a virginal 26) without at least compensating me for the trauma and use of my body as his own personal plaything.
This got him to worry about his image. He continued to fondle me, all the while ignoring the referee's red flags. Then he drove the GNU/mobile to my house and EJACULATED ALL OVER MY CRAZY FAT FACE!!! It was amazing. Surprisingly the next morning, after waking up, I found he had given me at least 200,000 shares of VA stock!!! Can you believe it???
And MAN does that fat faggot love sucking cock. I keep pushing him away but he keeps insisting "Please! Please, I NEED to suck cock!"
Oh, and *BSD Is Dying
Competition police seems to be a strong weapon against SCO-like action.
What? Could some explain this?
Amsterdam Vallon touched my junk lberally. He strapped me into his fagmobile and he couldn't keep his chubby sausage fingers off of me! He was performing many red flag touches. I couldn't believe what the fuck was going on. I told Vallon that his boyfriend would not approve of a trolling fag touching an underage kid for free.
Can you believe it? Amsterdam did all this. He picked me off the street, strapped my arms and legs down in the fagmobile's passenger seat and just wouldn't stop fondling my stereotypically tiny cock and balls.
They were definitely red flag touches. The god damned referee he had in the back seat kept on raising up this red flag every time he touched my junk but did Amsterdam care?
NO WAY!
He just kept on doing it. I couldn't believe what the fuck was going in, indeed. I pleaded with Mr. Vallon but to no avail. I told him Slashdot would mod bomb him for touching an underage kid like me (at the time I was a virginal 26) without at least compensating me for the trauma and use of my body as his own personal plaything.
This got him to worry about his image. He continued to fondle me, all the while ignoring the referee's red flags. Then he drove the vallonmobile to my house and EJACULATED ALL OVER MY CRAZY FAT FACE!!! It was amazing. Surprisingly the next morning, after waking up, I found he had given me at least 200,000 shares of of his shitty startup's stock, all rolled up on a toilet tissue roll!!! Can you believe it???
Oh, and *BSD Is Dying
In soviet russia. You forgot that part. It's dying in soviet russian.
SCOX
SCO never sold licenses in Germany because of an injunction? Have they sold any licenses anywhere? Didn't think so....
Quit astroturfing your own troll accounts. That's like, so 1998.
In soviet Russia, dying is *BSD!
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
I'm hoping that whenever we completely fuck up this planet. either by a nuclear war or pollution, I'll get to die peacefully here in the late afternoon's sun, on a porch, with a six-pack at my feet and a cold one in my hand watching the sun go down for the last time.
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.
What a great weekend with the slashdotters. I'm already looking forward to the next Slashdot Saturday Night!
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
Too bad I can't read German.
"Instant gratification takes too long." - Carrie Fisher
Amsterdam Vallon = Eric Krout
Who's the sick envious bastard who modded the parent down?
Funny how Bush only "won" 2000 with Ralph Nader in the race.
This time won't be so easy.
No one is going to vote for that vainglorious has been.
Bye bye Bush in 2004.
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.
I'm assuming you're a troll. And why would a troll like you be bashing a fellow troll? I don't understand that.
guk is gay
- 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
I'd say SCO would prevail there.
There is very little freedom in Australia left. It's more un-free than USA. I would fear to live there being non-white. (see recent riots etc). Too racist a nation for such a small number of people (20 million)
Help fight continental drift.
Because Amsterdamn is so fucking gay that even the trolls hate him.
Jewish leaders have condemned Britain for its 'shameful' failure to save Holocaust victims after previously unseen reconnaissance photographs revealed the RAF was monitoring Nazi death camps in wartime. 'This proves beyond doubt that Britain and the Allies knew about the killings long before the end of the war, but chose to do nothing,' said the World Jewish Congress in New York yesterday. The pictures were taken by the RAF over concentration camps in 1944. 'We now know that Allied bombers regularly flew directly over Auschwitz on their way to targets elsewhere, and had many chances to destroy the Nazi death machine,' Elan Steinberg, executive director of the New York-based Congress, told The Observer.
... In their grainy black and white, these photographs finally put to rest the notion that nothing could have been done about the Holocaust.'
RAF photo file fuels row over Auschwitz
Documents reveal RAF turned down plea to attack death camps in 1944
Conal Walsh
Sunday February 22, 2004
The Observer
'They could have attacked the camps easily
The claim is likely to be contested by some historians.
Allan White of Keele University, who archived the photographs for the RAF, said the pictures would have seemed less significant to wartime military chiefs than they do now. 'It sounds like a lame excuse, but they didn't have the time to think about what was happening down there.
'These photographs were among millions examined by intelligence analysts in England. They had to work quickly and were specifically looking for military and industrial targets.'
An aerial shot of Auschwitz, the biggest camp in Poland, shows thick smoke rising from a mass burial pit. The photograph was taken on 23 August 1944, when the camp was gassing prisoners in ever-increasing numbers.
So clear are the photographs that individual prisoners can be seen lining up for roll-calls. Up to eight million people are thought to have died in the camps, 1.5 million in Auschwitz alone.
By the time the photographs were taken, detailed accounts of mass killings inside Auschwitz had already filtered through to the British and US governments from prisoners who had escaped. The camp's existence had also been disclosed in a BBC broadcast on 18 June 1944.
According to documents found by the World Jewish Congress, Jewish leaders in US and Britain made the decision shortly afterwards to ask Roosevelt and Churchill to bomb camps, or at least the railways supplying them.
The documents show they realised prisoners would be killed by bombing, but calculated it would save lives in the long run if the camps were razed. At least two million inmates were murdered in the last year of the war.
But the request was turned down by the Allies. Churchill initially supported the plan, but the British Air Ministry and Foreign Office persuaded him to drop it. The official British reply stated 'technical difficulties make the proposed operations impossible'.
'Britain's talk of "technical difficulties" and being unable to divert scarce military resources is preposterous,' Steinberg said. 'By the spring of 1944, Allied air forces controlled the skies of Europe. These photographs show that they could - and did - fly low over sites such as Auschwitz.'
Research has also revealed Allied forces sent out 2,800 air sorties to attack oil depots just 45 miles from Auschwitz between July and November 1944, flying directly over the camp en route. Twice they attacked industrial targets only five miles from the gas chambers.
Steinberg said 'anti-semitism was certainly at play' in the Allies' refusal to heed requests for intervention. 'But I think it stemmed more from a general indifference to the plight of oppressed peoples.'
Historian and author Frederick Taylor agrees anti-semitism existed among wartime politicians. 'After years of war, there had been a coarsening in sensibilities. People expected huge casualties.'
SCO is dying.
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)
December 18, 2003
[Name]
[Address]
Re: AT&T / SCO License No. SOFT-____
Dear UNIX Licensee:
You are designated as Licensee under the above-referenced software licensing agreement
(the "Agreement"). The undersigned SCO Group, Inc. ("SCO") is the successor licensor.
The Agreement is in full force and effect according to its terms.
License Grant to Use UNIX Technology
You were granted under Para. 2.01 of the Agreement:
[A] personal, nontransferable and nonexclusive right to use
in the [Authorized Country] each Software Product
identified in one or more Supplements hereto, solely for
Licensee's own internal business purposes and solely on or
in conjunction with Designated CPU's for such Software
Product. Such right to use includes the right to modify
such Software Product and to prepare derivative works
based such Software Product, provided that the resulting
materials are treated hereunder as part of the original
Software Product.
The Software Product thus includes more than the base System V release licensed by
you. Software Products also includes: (a) the UNIX software release based on UNIX
System V prepared by your UNIX vendor and (b) modifications to, or derivative works
based on, any UNIX product made by you.
Limitations on Use of UNIX Technology
Your limitations on use and other obligations under the Agreement include the following:
Para. 2.05. No right is granted by this Agreement for the
use of Software Products directly for others, or for any use
of Software Products by others. [This is expanded under
2.06 under some contracts.]
Para. 4.01. Licensee agrees that it will not, without prior
written consent of [SCO], export, directly or indirectly,
Software Products covered by this Agreement to any
country outside the[Authorized Country].
Para. 7.06(a) [7.05(a). Licensee agrees that it shall hold all
parts of the Software Products subject to this Agreement in
confidence for [SCO]. Licensee further agrees that it shall
not make any disclosure of any or all of the Software
Products (including methods or concepts utilized therein) to
anyone, except to employees of Licensee to whom such
disclosure is necessary to the use for which rights are
granted hereunder. Licensee shall appropriately notify each
employee to whom such disclosure is made that such
disclosure is made in confidence and shall be kept in
confidence by such employee.
Para. 7.09. Neither this Agreement nor any rights
hereunder, in whole or in part, shall be assignable or
otherwise transferable by Licensee and any purported
assignment or transfer shall be null and void.
Para. 7.10. [N]othing in this Agreement grants to Licensee
the right to sell, lease, or otherwise transfer or dispose of a
Software Product in whole or in part.
Required Certification Re: Use of UNIX
You are also obligated to certify proper use of the Software Products by you under the
Agreement, as required by the following Para. 2.04 2.05:
On [SCO's] request, but not more frequently than annually,
Licensee shall furnish to SCO a statement, certified by an
authorized representative of Licensee, listing the location,
type and serial number of all Designated CPUs hereunder
and stating that the use by Licensee of Software Products
subject to this Agreement has been reviewed and that each
such Software Product is being used solely on such
Designated CPUs (or temporarily on back-up CPUs) for
such Software Products in full compliance with the
provisions of this Agreement. (Emphasis added.)
Accordingly, SCO requires written certification by your authorized representative
under Para. 2.04 within 30 days of receipt of this letter. Such written certification must
include statements that:
1. You are not running Linux binary code that was compiled from any version of Linux
that contains our copyrighted application binary interface code ("ABI Code")
specifically identified in the attached notific
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
I will open my mouth.
You will squat over me.
You will move your bowels.
I will chew and swallow your shit.
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.
This is really stale for any one who has even nodding aquaintance with this.
[Gentoo is hyped. Modded into the ground to suppress opinion]
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...