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SCO Says They'll Sue A Linux User Tomorrow
Xenographic writes "InfoWorld is reporting that SCO intends to sue a Linux using company. Ordinarily, this would not be newsworthy, as they have not followed through on past threats. However, this time, they have given themselves a concrete deadline--tomorrow. While they claim that it will be one of the "top 1,000" companies, they apparently have yet to decide which company to actually sue. Perhaps they need more practice playing darts?" Reader Fished links to CNET's coverage.
I have three words for Darl McBride: Bring It On!
Peace and love, y'all
Sorry Google, your free ride is over. And in other news, the Miami Dolphins actually won a superbowl!
"But I'm still right here, giving blood and keeping faith. And I'm still right here."
The article starts:
The SCO Group on Tuesday will launch its first lawsuit against a Linux user for alleged violations of SCO's intellectual property, SCO Chief Executive Officer Darl McBride said Monday.
and continues a little later:
After consulting with its law firm, Boies, Schiller and Flexner, SCO has narrowed down its list of possible targets to a "handful" of the world's 1,000 largest corporations, McBride said. "We're going to file it tomorrow. It's sort of come down to a couple of complaints we have prepared," he said.
So when they sue an "end user", is it going to be an Executive in a Fortune 1000 company? Or an employee? I assumed "end user" meant your average Joe. They're just asking for trouble (as the article points out) if they sue someone in a Fortune 1000 company.
libertarianswag.com
Personally, I woulda sued... Well... Me.
Every year during my review, I just pray the words "slashdot.org" aren't mentioned.
I pick Starbucks, for it is the hub of Dr. Evil's empire - and Scott (aka McBride) wants to get back at his father's transgression.
Either that or RedHat.
This space for rent.
Aaaaaah, fuck it, who am I kidding.
It's like shoveling jelly beans into your mouth at the candy store - sure, it rots your teeth out and you end up with diabetes, but it tastes so damned good you can't help yourself.
this whole SCO mess is really out of hand and absurd. They will be suing a Linux user for what? Using software legally? They haven't won their case with IBM. This is all just absolutely outrageous! They're suing someone based on what someone else did (and they haven't even proved that much in court). I hope the "victim" of SCO's suit couter-sues their asses into tomorrow.
Bored? Why not join a decent mess
... Themselves.
Nevermind, thats a lawsuit they might actually win. Given their current record of idiocy and bad public relations, my guess is that it will be the the Pope
I can just see the headlines: "12 year old girl sued by SCO for using Linux!"
...this is why Google delayed it's IPO?
DISCLAIMER: Complete and total speculation.
CAn'T CompreHend SARcaSm?
Dear Mr. McBride,
This is March, not April. Please refrain from wasting all of our good material until that time.
Thank you,
-Slashdot
~Dalcius
Rome wasn't burnt in a day.
Did he fire six court briefs, or only five? Tell 'ya the truth, in all of this excitement I've sort of lost track myself. But given that this is Free and Open Source Software community, the most powerful group of advocates, coders, and corporate lawyers on the planet, and would blow your company's revenue clean off, you've got to ask yourself a question: Do I feel lucky? Well do 'ya, punk?
As other have pointed out, EV1 can't comply with SCO's linux license and still get Redhat patches, so there is actually a case that SCO can win against them now.
actually DOING it instead of saying...
I'll just be holding my breath over there, in the corner.
Gosh, I'm sure they're all broken up about the fact that this will distract from their quarterly earnings announcement the day after tomorrow.
OK now let me make sure I have all of this straight. Wednesday is the day the SCO quarterly non-earnings report will be released, which most likely won't be good news. So, on Tuesday, the day before the report is released, SCO makes a stock, I mean lawsuit announcement. Do I detect a pattern here?
Better start thinking of personal insults to Darl and witty comments to tell the tech media.
Fortune 25 company, sells Linux on PCs (Lindows, Lycoris, Mandrake). Isn't an ISP or a tech company.
That's my best guess.
If it happens.
Hasn't yet.
-- @rjamestaylor on Ello
Someone needs to charge SCO with raqueteering and extortion. SCO has made several claims, but has yet to offer proof, and it's own case has changed so much that it barely resembles the original case presented almost a year ago.
By suing a Linux end users, SCO is in effect trying to use courts to extort money. The definition of extort is "to obtain from a person by force, intimidation, or undue or illegal power". I cannot see the difference between SCO's actions, press releases and the running a criminal enterprise.
If they (SCO) truly wished to protect their IP, they would proceed with their case and quit stalling. The Linux community would respond, in defference to and in respect to an IP rights. I think that is the crux of SCO's problem, Linux would respond by respectfully removing any proven IP content. If they can extort money from people instead of actually proving their case, then the profit margin goes up. So what if extortion is illegal.
AngryPeoplePeopleRule
"Science is about ego as much as it is about discovery and truth " - I said it, so sue me.
I hope SCO decides to sue me. It will be so much fun, and I'll be able to retire on the proceeds for my countersuit for bringing frivolous claims.
http://www.fsf.org/licenses/gpl.html
The SCO Group has failed to put forward ANY substantial legal theory why the SCO Group should not be obligated to abide by the terms of the GPL.
http://www.fsf.org/philosophy/sco/sco-without-fear
The SCO Group obligations under the GPL has been reiterated and reinforced in the legal positions of IBM, Redhat and Novell in their respective cases against the SCO Group.
It is a criminal offense to claim, with fraudulent intent, that you have a copyright if you do not. The SCO Group does *NOT* hold the copyrights to the UNIX source code. Novell has *NOT* transfered the title for the works that the SCO Group fraudulently filed for copyright in 2003. The SCO Group do not have the right to sue anybody for violation of copyright works without the assent of the title holder.
The SCO Group claims the right to sue for work in standard UNIX and POSIX interfaces that AT&T and Novell granted full rights to use royalty free in perpetuity for the ISO, ANSI and FIPS federal standards.
The SCO Group's contract claims against IBM and others based upon the AT&T license in respect to rights of so called derivative works is in direct contradiction to evidence presented to the SCO Group by Novell.
The SCO Group though the press and SEC filings, has bolstered the share price of the SCO Group based upon demonstrably false claims to the contrary of above points 1,2 and 3. The SCO Group CEOs and legal agents were notified by Novell and IBM *before* making these false claims and presenting them as fact. The actions of the SCO Group must be in violation of several SEC regulations.
So how is the lawsuit going to go if it gets to court?
Eben Moglen's Harvard Speech
http://jolt.law.harvard.edu/p.cgi/speakers.html
The Transcript
http://www.groklaw.net/article.php?story=200402260 03735733
ooo.
This is so exciting! I wonder if Dick Clark will come to my house to tell me if I win!
Who ever does win this honor will be lavished with attention, job offers, pro bono lawyers and scads of cash from the counter suit.
Where do I sign up?
--
Mike
-- Mike wildcard@illuminatus.org
C'mon SCO gimme your best shot.
Engineering is the art of compromise.
Something must be wrong with my browser. I mean, it's obvious that there's words in the article but all I see is "Wolf! Wolf! Wolf!"
The company, Houston-based EV1Servers.Net has purchased site licenses from SCO for its two data centers for an undisclosed seven figure sum, according to SCO.
This has to be bullshit. There's no way that EV1 is going to pay 7 figures for a license from these pricks. They operate on a razor thin margin at $99 bucks per month per server. This is a bargin basement hosting facility. I call bullshit on this this statement. The price was probably:
$1,000,000 - License Fee
- $999,900 - Early Bird license discount.
___________
I want to see the additional 7 figures in the quarterly report. 7 figures my ass.
They'll sue a user
Tomorrow
Bet your parity digit
That tomorrow
One'll be found!
SCO will find
Tomorrow
Someone running Linux
On their desktop
And they'll frown!
They've been stuck in a daze
Malaise
'Bout OpenSource
Now they'll file their briefs
Cry "Thiefs!'
'Til Hoarse.....
Oh!
The suit will be filed
Tomorrow
Darl will have his kilo of geek
Come tomorrow
So he'll say......
Tomorrow! Tomorrow!
He'll sue them Tomorrow!
It's always
A day
A way!
Mod Karma -1: I sed bad wurds. If I cep my mouf shut, I wud be at riyses.
I'm waiting for someone to post that goddamn redundant Chewbacca defense again.
---
Never criticize religion on Slashdot. You will be modded down for "Troll" no matter how factual it is.
YeeeeeaaaaaaaaahhhhhhhhHHHH!!!!!!!
Please help publicise swpat.org - the software patents wiki
Really. I mean it. I have Linux running on two computers. I'm working a crappy low paying job so could really use the great publicity the lawsuit would bring.
Come on. I dare you.
I double dare you!
You pussies.
-- Will program for bandwidth
Oh, and I forgot to mention, when the MyDoom virus came out, I refused to update the anti-virus software of the more than 500 systems I am responsible for. On some, I even disabled the anti-virus software all together. Why? Because I didn't want to stop them from DDoS'ing SCO.com.
Again, I am guilty. I use Linux. I use Open Source. Please sue me.
SCO is either:
a) Going to pass this by, probably with a lot of angry geeks and scared company CEOs. Watch as their target "bought a license at the last minute" and they don't even disclose who it is.
b) Sue someone, get laughed out of court while trying to hold it as long as they can, and die anyway. Stealing people's money in the process for their license fees. Hopefully, the SEC will get off their ass and stop them.
...you are already a SCOG customer. From the CNET article:
"The first target will be a company that has a Unix license from SCO already, giving SCO some contractual leverage in the case. McBride said. In addition, the suit will involve copyright infringement claims."
Darl continuies to make it obvious that the worse possible decision a company can make is do business with him.
Time is what keeps everything from happening all at once.
Hmmm, and EV1's largest competitor would be? From SCO's perspective, it would mean hitting a few thousand birds with one stone. EV1 then swoops in, and tells potential clients that they are safe with them. Before the dust settles, EV1 might make a good return on their investment. Sleezy, but since when did that have anything to do with business?
"To those who are overly cautious, everything is impossible. "
What will happen first? A lawsuit from SCO or a DDos against SCO?
Thoughts anyone?
That, or they could be trying the Kazaa trick.
The idea is, they can't possibly win, but they can attract lots and lots of attention to themselves because they can drag out the trial ad infinitum. By suing someone really big who people expect would have a strong case instead of someone small, people will apply the false analogy that SCO has a strong case and can win lots of cash.
I've heard many older folks repeatedly say that "trading music is okay now", because they've conflated the idea that Kazaa sued the RIAA with the idea that there happen to be legal places to buy music online. SCO is hoping that they can scum up the same type of conflation: "SCO is suing IBM for using that bad, bad linux thing (the one we saw on those IBM commercials), and Microsoft says Linux is bad..., and we use Windows at home... and..."
Seriously. Their stock is dropping.
http://financyahoo.e.com/q?s=SCOX
SCO is not a software company. It's a publicly traded lawsuit. They've delayed and delayed and delayed too long with IBM and the truth is getting out. If they don't start another lawsuit their entire business model is threatened.
That means... drum-roll please... we have a chance (1/280,000,000) it's the same plump 12 year old chick who got busted by the RIAA!
Imagine seeing her next superbowl? "Hi, I'm totally fucked over and never touching a computer again. Choose Franklin Covey(R), the best choice in paper organizers."
If that happens, you can be sure CmdrTaco will post it here on Slashdot for all of us to read and comment on.
And then again on Thursday.
And once more next month.
</ObDupejoke>
Karma: Frotzed (mostly due to the Frobozz Magic Karma Company)
The 7-figure sum was bothering me for a while. What idiot would give SCO more than a million dollars for a worthless license? It could just be a lie, of course, but one way for it to be "true" is if EV1 signed a long-term contract that's worth a total of $1 million over the life of the contract. After all, that's how football players' contracts are publicized -- it makes them sound bigger and more exciting.
EV1 might have agreed to pay SCO $1/year for the next million years, for all we know.
I would think that no disclaimer can get you out of trouble if it is found out that you sold someone something that was not yours to sell. If and when SCO loses their case against ibm and quite possibly loses to Novell as well then their claims on Linux will be false. (as if they were not already) If I go out and sell licenses on Microsoft software in addition to the ones companies already have and later it is proven that I have no right to sell such licenses then those companies have the right to get their money back or I am very likely in criminal law territory for fraud. No contract between two private parties can render a person or company immune from criminal liability and in the case of fraud such as selling something that is not yours to sell, the contract would be void anyways. IANAL but those half dozen big companies are big enough to convince the justice dept to send SCO's officers to prison for fraud when the time comes. Darl may very well end up where he belongs, well at least in club fed.
"McBride said the arrangement with EV1Servers.net is perpetual and that SCO doesn't offer companies their money back if courts later find SCO's claims baseless. It will bring in revenue that will be material to SCO's financial results, he added."
Interviewer begins to droop.
<monotone>...and of course, President Bush has not shown the, uhhhhhhhhh, leadership that we expect from a Commander-In-Chief on this issue...</monotone>
Interviewer nods off.
<monotone>...and, uhhhhhhhh, obviously, SCO has not shown that they have a case and I think they're clearly wrong... </monotone>
Audience nods off.
<monotone>...but SCO has clearly shown the leadership to...</monotone>
Both audience and interviewer have dangerously weak heartbeats.
<monotone>...my record is clear in that I believe in the SCO case and, uhhhhhhh...</monotone>
Most members of the audience are clinically dead. The interviewer is sprawled on the floor.
<monotone>...those who would question my patriotism by implying that my position has changed on this matter...</monotone>
Temperature reaches absolute zero as all atomic motion stops.
<monotone>...which is, uhhhhhhh, why I think I will be your next President. My Vietnam war heroism makes it clear that, uhhhhhh...</monotone>
>>Come on, if SCO really did have them behind them they would be showing at least some sign of competency
Competecy? Are you kidding? This is stock scam, it's been going on for a year, and still going very strong. The market cap has been pumped from under $20 to over $150 million in a year. And scox was never worth even $20 million. This scam is way beyond competent.
Ever hear of the Mormon Mafia?
There's even a term for persistent incitement of litigation. It's called 'barratry'. In most jurisdictions, it's illegal. Check it out: barratry
The Chewbacca defense is perfectly logical compared to SCO's legal strategy.
"I think so, Brain, but 'instant karma' always gets so lumpy." - Pinky
"Decepticons FOREVER!!!" - Ravage
Suing a group that stands to gain by losing the lawsuit would be a shrewd move. It would give SCO greater ability to set the stage for a setting a precedent favorable to SCO.
However, the shrewdest move would be to sue a company holding the "information wants to be free" line religiously. It is often easy to win the court's favor when your opponent is holding an absurd ideal with religiour fervor. The worst thing would be to sue a well respected company with shrewd leadership, as they are likely to punch real legitimate holes in the SCO case.
The only Linux using company that is not like to kick their ass in court is... SCO. I predict that tomorrow, in a brilliant PR move, SCO will SUE THEMSELVES for using Linux! A case in which they will almost certainly prevail!
"Freedom means freedom for everybody" -- Dick Cheney
Where are they going to find impartial jurors?
*Everyone* with enough technical background to fully understand the issue ...
... would of course be immediately disqualified from the jury.
Better to be despised for too anxious apprehensions, than ruined by too confident a security. --Edmund Burke
I don't think the SCO vs IBM case have much to do with this. The only copyright stuff in that case is about IBM continued to distribute AIX after SCO revoked their licence. The rest is breach of contract stuff, and unless the end user isn't a SCO customer there would be no such things for SCO to sue over. So once again the lesson to learn, don't do business with SCO.
The Novell case is much more interesting here as it deals with wether SCO really have any copyrights to Linux.
God is REAL! Unless explicitly declared INTEGER
Which Linux user is SCO going to sue next?
Google
Yahoo
WalMart
EV1Servers.net
Microsoft (oh the irony)
State of California
U.S. Government
A 12 yr old girl
Cowboyneal
Zehn kleine UNIX Zeilen
Reicht man ein zur Klage.
Die eine die auf griechisch war,
War leider viel zu vage.
Neun kleine UNIX Zeilen
Sollten es begrunden.
Die eine war trotz groBter Muh'
In LINUX nicht zu finden.
Acht kleine UNIX Zeilen
Dienten zum Beweise.
Die eine war aus BSD,
Pech fur Anwalt Heise.
Sieben kleine UNIX Zeilen,
Kamen vor Gericht.
Die eine war 'ne Fehlernummer,
Die taugte dazu nicht.
Sechs kleine UNIX Zeilen,
Sollten es belegen.
Doch eine kam zur GPL
Durch SCO Kollegen.
Funf kleine UNIX Zeilen
Waren noch dabei.
Die eine kam von einem Band
Mit Aufschrift System Drei.
Vier kleine UNIX Zeilen,
Doch eine, sonderbar,
Gehorte nicht zum dem Programm,
Sie war ein Kommentar.
Drei Kleine UNIX Zeilen,
Waren das Problem.
Eine war zwar System Five,
Doch kam von IBM.
Zwei kleine UNIX Zeilen,
Waren noch geblieben.
Die eine war schon reichlich alt
Und kam von System Sieben.
Eine kleine UNIX Zeile
Wurde angefuhrt.
Die hatte Linus Torvalds selbst
Am Anfang programmiert.
Ohne eine UNIX Zeile
Kann SCO nichts machen.
Doch eines muss man zugestehn:
Wir hatten was zu lachen.
Schlussbemerkung:
Hier zeigt sehr schon ein Kinderlied,
Warum McBride die Wahrheit mied.
stolen from Heise forum
(now some foo to exploit the lameness filter - damn you slashcode!) # Important Stuff: Please try to keep posts on topic. # Try to reply to other people's comments instead of starting new threads. # Read other people's messages before posting your own to avoid simply duplicating what has already been said. # Use a clear subject that describes what your message is about. # Offtopic, Inflammatory, Inappropriate, Illegal, or Offensive comments might be moderated. (You can read everything, even moderated posts, by adjusting your threshold on the User Preferences Page)Your comment has too few characters per line (currently 14.1).
It will definately be either Google, or a firewall manufacturer.
Why ?
Microsoft has made big noises lately about moving into the search engine space, and also made noises about an impending firewall product.
SCO, taking orders from above, will target the competion in these areas, hoping to tie them up in court for ages, so that Microsoft can enter these markets with reduced competition.
You dont even need a tinfoil hat to see that one coming.
Oh what a tawdry, petty thing this democracy has become... I don't know whether you intended it or not, but your post is brilliantly ironic about the dismal state of our democracy.
Where people more interested in the tone of voice than the ideas.
Where people more interested in hair styles than Social Security.
Where people who would rather feel as if they were just consuming another product they may judge by the pretty packaging and ad campaign.
Notes From Under *nix: blas.phemo.us
What Would Brian Boitano Do?
What would Brian Boitano do
If he was here right now?
He'd make a plan, and he'd follow through,
That's what Brian Boitano'd do!
When Brian Boitano came
and knocked at SCO's door
he kicked Darl's stupid ass
and with it he wiped the floor.
Hi de lo de hi de lay!
Brian Boitano's here!
So round up all your lasses,
And tell them to have no fear!
---- Take the Space Quiz!
Tomorrow! Tomorrow!
They'll sue me Tomorrow!
its only a dayyyyy-aaaaa----way!
The suit'll come out Tomorrow
Bet your bottom dollar That tomorrow
They will pay!
Just thinkin' about Tomorrow
Makes the Linux Zealots,
Fill with sorrow
'Casue they'll pay!
When I'm stuck with a day
That's gray,
And lonely,
I just stick out my chin
And Grin, And Say,
Sue!
The law'll be changed Tomorrow
So SCOs gotta hang on 'til tomorrow
That's when they'll pay
Tomorrow! Tomorrow!
I'll sue ya Tomorrow!
You're always A day Away!
How come Slashdot never gets Slashdotted?
I'm pretty sure they'll follow through on the threat this time. The reason? SCO has an earnings call on March 3. While their legal case is pretty clearly going nowhere, they do seem media-savvy enough to know that a loudly-trumpeted lawsuit against a high-profile company will distract the analyst/media community enough to help them avoid questions they'd rather not answer.