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SCO Aims For The Feds
MoFoQ writes "News.com reports that SCO is now targetting the Feds and their supercomputers (the Beowulf clusters, etc.). Looks like they bit off more than they can chew, even before winning a single case "
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I don't know who to root for?
Have you seen their stock price recently?
They need to make as much noise and annoy as many as possible, and they need to do it now. The bigger and more controversial the opponent, the better.
If they don't make noise, Microsoft doesn't get much value for their investment, right? So they need to capitalize every second SCO is still alive.
Save your wrists today - switch to Dvorak
I remember my mom used to tell me never to hit bee hives with my hockey stick. SCO never listens to this kind of advice, which comes up every time there's a story here about them; so what's their major malfunction? I just want it to end!
He calls for a constitutional amendment to ban gay marriage, he should call for an amendment to ban SCO.
Or... cue the shock and awe campaign.
Yes, but this is the Federal Government here we're talking about. All they have to do is come at them with the big guns.
This sig no verb.
Okay, this is just a little more than SCO to handle, even if they do have funding from Microsoft. The government, although horibly expensive and utterly dumb to most things geek, has their fair share of the alpha-geek. Besides, the government already has a thing for suing Microsoft and winning. Hopefully this will transend to SCO as well.
-- johntracy.com, because everybody else is wrong.
Groklaw covered this yesterday - it's nothing more than confirmation that those institutions received the threatening letter that SCO's been sending out.
It was once said after World War II that the United States should be ready to fight two and a half wars at any point, anywhere in the world. Other conflict management is just like this idea. You can only have so many fights before you will not effectively be able to handle them all. SCO not only has too many fights right now, but their fights are way too large for the relative size of their company. Anyone who takes on IBM, an assortment of other companies, and then the United States Federal Government needs to have their heads checked.
Not a wise move to go after the University of California (who manage livermore and los alamos).
UC regents already won one lawsuit over this business... SCO may be violating BSD vs USL.
Test your net with Netalyzr
The difference is that if you sue the Federal Government (as opposed to a State or private organization) they get to decide if you are allowed to sue them or not. That may seem unfair on the face of it, but considering the number of people that make a living from deep-pockets lawsuits it's not hard to understand (there aren't any deeper pockets than the U.S. Government.) A judge will say "Have a nice day, Mr. McBride" and that will be that. But in the meantime SCO gets to capitalize on yet another round of high-profile public FUD. I'm not sure what it's going to take: for some reason the American legal system seems unable to shut them up for more than a couple of days. We all keep hoping that IBM will go to the mat for us and take them down. Somebody needs to. They shoot rabid animals, don't they?
The higher the technology, the sharper that two-edged sword.
hasn't SCO already had several unfavorable rulings in the IBM case? Haven't they been ordered to ~finally~ show the offending code? That should end that case quickly...
Basically yes. And now it's changed from a "there's SysV code in Linux" case to a "there's derivative works of code you licensed from us in Linux" case. That's a big difference. They have not been able to identify ANY code, bar similarities in 5 ABI files, that has been ported directly from SysV to Linux. None. And they admitted it in court in the IBM case.
What it's about now with IBM is that, while they admit IBM invented JFS, and IBM own the copyright over JFS, and while JFS may have originally been included in other IBM products (OS/2 perhaps?) that because it's attached to the AIX code, it's a "derivative work" of SysV, and therefore SCO have a say over how IBM can use that code.
How about that. A completely independent IBM invention, used in SysV, and SCO are getting all shitty saying now that IBM cannot now move that code anywhere else after it's been used in IBM's own implementation as AIX.
And they call the GPL viral. Darl's accusations there are that if anything touches SysV code licensed from SCO, then SCO have a right to say what can be done with it. That just doesn't make sense.
In any case, it won't end the case quickly due to these changes, as SCO still want to see exactly what the JFS code looks like, so they can see if it was inserted into Linux, and then they can run around and issue more press releases saying "IBM has revealed 10,000 lines of our code is in Linux. see. they admitted it". I think the worst is yet to come in the press-release war that SCO has been waging.
That is, unless they run out of money first. With their stock price nearly down to a third of what it was just a few months ago and an increasing number of legal fronts being fought, we can only hope that's sooner rather than later.
linux networx is a canopy company like SCO/caldera is. see: http://www.linuxnetworx.com/news/pr042800_canopy.
Now in the news article it says:
"SCO sent letters raising the prospect of legal action for using Linux to two Department of Energy facilities, the Lawrence Livermore National Laboratory and the National Energy Research Scientific Computing Center (NERSC)."
But in this press release it says that linux networx is the one that installed the linux clusters at the LLNL. http://www.linuxnetworx.com/news/8.28.2001.49-Law
The new lesson of the day is if you do business with anyone funded by the canopy company you risk being sued by other members of the canopy group.
NIH, The National Institues of Health, a division of the Department of Health and Human Services of the United States government, is using Beowulf clusters to help cure diseases such as cancer, Alzheimers, stroke, heart disease and kidney failure.
I'm definitely rooting for the Feds on this one.
The Federal government might have a pretty good case for Eminent Domain.
Those labs are multibillion dollar projects.
The value of the unix source code is not more than the fair market value of the company (ie $300 million dollars) , so the feds could easily begin eminent domain proceedings against SCO in which the US government would take the Unix source code in exchange for fair market value.
Considering the massive use of Linux in federally funded schools, colleges and universities, settling the IP question once and for all would be worth it.
Then the federal government could treat the unix source code as a public document.
Im sure Microsoft would whine but its good public policy to preserve a competitive market.
Is it possible to rent penguins? I know their droppings are like any other birds, pretty nasty, kind of a pain to clean up and stink like hell in large quantities. Would it be possible to rent a flock of penguins and cage them in the sco parking lot for a work day? Everyone would have to walk through it and the penguins would probably hop up onto cars etc... Or just get a few pissed off male emporer penguins and leave them in Darl's office....
"Sic Semper Tyrannosaurus Rex."
My colleagues and I were wondering if they'd have the guts to consider a suit against the labs. We're a seriously major player in terms of installed nodes and code contributions, and suing one or more of us would get a great stock price bounce. It would also some of the brightest geeks on the planet and lawyers with a bottomless checkbook involved in SCO's world (not that it isn't happening already via the existing suits). They'd also be suing a weapons lab in a time of war and telling them you want to confiscate their classified gear - if you thought the Nazgul were cranky, try threatening somebody with enormous amounts of restricted data and see what kind of badness shows up at your door.
:)
On balance, I just can't see them doing this. The government can really spank somebody in a million different ways if you irritate them (SEC, FBI, air strikes...) and SCO's got enough to worry about right now. Then again we're talking about a company that thinks it's a good idea to sue IBM, so who knows?
God, I hope they do it.
You are mostly right, they need to make noise to pump the stock price again. However, there are some targets which we know they chose not to pursue. Bank of America, for one. Why go after Daimler/Chrysler instead? This is complex, and forgive the tin-foil hat sound of it.
BoA is big. More importntly BoA is VERY influential in the Banking and Investment Banking industry. Think it through. BoA has ties to virtually every financial institution on the planet of somekind and could very easily use its influence to ruin SCO in a heartbeat. A few phone calls from some BoA execs and suddenly SCO's line of credit dries up and loans are called-in. Even better, the Mortgages and auto loans, whatever debts, of SCO execs are called and there are suddenly no other banks anywhere willing to lend them money.
Not only that, but BayStar has all its credit affected also, as well as its execs. Sure all these SCO-scum and BayStar-bitches are probably rich enough to handle it, but it is going to hurt and hurt bad. Most Americans, even Donald Trump, are so heavily "leveraged" that if something like this were to occur it would destroy them. It would most certainly destroy SCO, et al.
SCO's lawyers probably realized this at the last minute and convinced Darl that BoA and any other super-sized Bank was capable of playing hardball at a level SCO can't survive. Otherwise, why change targets instead of just tactics? SCO could have just amended that letter to BoA to sue them just like Daim\Chrysler instead of trying to get the court to seize, effectively, all their computers. Answer: SCO isn't suing BoA because they are scared of what BoA could do to them. If not, why announce the Fed-suit instead of going back after BoA? A company that everyone now knows(thanks to MS-Word fun) was an initial target. Answer: Not even the Feds scare them as bad, as this headline proves.
Flash is the Herpes of the Internet.
your.opinion >
Once upon a time a U. S. Army base was trying to get some customer support from a software company. The software company said "You'll have to wait - we have other customers, you know." The guy from the Army said, "Yes, but we're your only customer with tactical nuclear weapons."
No electrons were harmed creating this post, though some may have been subjected to electrical and/or magnetic fields.
"i wasnt aware that he had any opinions towards/against old billy boy"
Then - no offense - your awareness is incomplete.
Microsoft was found to be guilty of anti-competitive practices. The DOJ recommended breaking up Microsoft. This sound familiar?
George W. handed down the proclamation from on high that the Justice department was no longer allowed to pursue a breakup of Microsoft.
This took the wind right out of the sails of the DOJ's case, and Miscrosoft ended up with a slap on the wrist and a request not to do it again.
I'm guessing that GWB's feelings about Microsoft may be *directly* related to the size of some campaign contributions he's received...
Ce n'est pas un vrai mouvement de robot!
"And C++ programming languages, we own those,"
Geesh. parent poster was not kidding.
Darl: "several dozen requests a month just to come in and see AIX or HP-UX code base."
Didn't they ask IBM to show them the AIX source in their case against IBM? Then what is this about?
Maybe this was the interview where he had to prove to the rest of the 'gang' that he was capable of lying through his teeth without blinking?
Actually, googling around this article a little, extrapolating the trend: Will he sue the US Courts for migrating to Linux next? (btw wouldn't that be some sort of chicken-and-egg problem (ergo very likely for SCO to do)?)
Darl: "NASDAQ, for example, runs all of the trading machines in their brokerages on OpenServer."
Oh, and the trade 'floor' that lists their stock, NASDAQ too? Actually in that article NASDAQ "wants to eliminate the company's Unisys Corp. mainframes and migrate the trading-floor functions that run on those machines" and "Nasdaq currently uses about 300 Unix servers running a mix of HP's Tru64 and HP-UX operating systems as well as Sun's Solaris". I see mentions of Unisys, HP Tru64, HP-UX, and Solaris: Where is the SCO OpenServer that Darl was speaking about? Not mentioned, so not even close to OpenServer on 'all of the trading machines', likely even none at all, given the specific mention of Unisys for trading functions...
--- Hindsight is 20/20, but walking backwards is not the answer.
> He states a computer expert in North Korea can download Linux
> and create a super-computer. Yet I'm sure the same expert
> can download some ISOs of Windows from somewhere.
Crikey, you're on to something! Imagine a Beowulf cluster running
Windows ME......you can't put anything past those filthy Commies!
With that sort of computing power they could develop any sort of
weapon you can imagine....knives, axes, sticks....anything is possible
Clippy: I see you're trying to develop a WMD, can I help?
If the prospect of that doesn't constitute a clear & present danger
then I don't know what does.
I'm for GWB carrying forward the "War On Terrorism" and
pre-emptively nuking Redmond. Who's with me?
The Machine stops.
I remember my mom used to tell me never to hit bee hives with my hockey stick. SCO never listens to this kind of advice, which comes up every time there's a story here about them; so what's their major malfunction? I just want it to end!
They hit one, then run to the next, hit that, run some more, hit another one.... currently they have a shitload of bees after them, and their legs are getting tired...
Kjella
Live today, because you never know what tomorrow brings