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SCO Uses 3rd Parties To Spread Claims In Germany

Posted by timothy on from the sand-filled-balloon-in-oil-is-traditional dept.

kryonD writes "According to this Computer Weekly article, SCO is no longer allowed to spread their FUD in Germany. This wasn't even a court or government order, but an out of court settlement with a small company. They even get 'fined' EU10,000 by the company for every breach of the settlement. Although, it appears from the article that SCO is side-stepping the agreement by commissioning 3rd party firms to spread their FUD for them. The settlement happened last month, but this is the first I have heard of it. I wonder what made them back down so quickly." We mentioned the settlement earlier this month (including prohibitions on making certain claims); the news is the attempt to circumvent it.

6 of 236 comments (clear)

  1. And if you liked this one... by y2imm · · Score: 5, Informative

    Go check Groklaw. IBM is asking for a declaratory judgement. SCOX trading tomorrow should be, um, amusing.

  2. More SCO News by tiny69 · · Score: 5, Informative
    IBM Seeks Declaratory Judgment

    http://www.groklaw.net/article.php?story=200403301 84527522

    http://zdnet.com.com/2100-1104-5182078.html

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    Go not unto/. for advice, for you will be told both yea and nay (but have nothing to do with the question)
    1. Re:More SCO News by mrbuttle · · Score: 4, Informative

      And as pointed out in the replies to the groklaw story, IBM asked for the same declaratory judgment on Sept. 25, 2003 in their "Amended Counterclaims Against SCO". See item 154 in the thirteenth counterclaim here.

  3. Re:Well the first thing that comes to mind is this by ctr2sprt · · Score: 4, Informative

    The key thing here is that this was an out of court settlement. So there was no verdict, no ruling, no award... no precedent. Even if the judge had mandated this, many other countries don't attach the same sort of reverence to prior judicial decisions as the US does. Our reliance on precedence comes mainly from England (specifically common law). I don't know anything about Germany's judicial system so I have no idea what weight they give prior verdicts/rulings.

  4. Re:When is SCO going to die? by GreyPoopon · · Score: 4, Informative
    How are they still around? I seriously thought they'd have been gone six months ago. SCO isn't that big of a company, how are they able to afford all those lawyers and lawsuits?

    Microsoft. Check out some of the older stories on Microsoft's "encouragement" of investment companies to channel some of their funds into SCO. I'm too tired to provide the links tonight, but you can find it by searching for SCO under "Old Stories".

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    GreyPoopon
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    Why is it I can write insightful comments but can't come up with a clever signature?

  5. Re:I don't understand how they can stop SCO by oldgeezer1954 · · Score: 4, Informative


    I assume you're talking about the SCO case though regardless of your example. In the SCO case SCO was making public statements. In Germany a local linux organization or group (not sure of their exact status) took SCO to court.

    Under their laws they were, in layman's terms, request an order that SCO put up or shut up. If SCO had put up they could have continued to talk about it and as well taken whatever action they felt necessary under the law. But SCO failed after the court gave them the grace period to provide some proof. The judge then issued the shut up order as the law provides.

    I agree you want to know when you're infringing someone elses rights. In the US as in Germany people involved in Linux have been saying please tell us where it is and we'll remove your property . SCO has refused, so far.

    At the same time would you want ACME Software House running around screaming that code you wrote was theirs? I doubt it. You'd better hire some lawyers and get cracking... And face the loss of business while ACME is lying... You don't have the benefit of a put up or shut up law to deal with those types of criminals. And SCO are criminals. Maybe not by criminal law but by any accepted moral standard.