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AutoZone Responds To SCO

loftis writes "Groklaw is reporting that AutoZone has responded to The SCO Group's Lawsuit. Here is a link to the Groklaw community's discussion where you can find all the filings in raw form. Here is a text copy of the filing without amendments. AutoZone has pretty much said to the court, SCO has to prove 1) they own the code, and 2) that Linux infringes. Since SCO is litigating these two issues in other cases, they ought to wait until those questions are answered. Or, they say, 'If we cannot wait, we need SCO to tell us what we are infringing upon with specificity.' Since we know how SCO will answer the second question, and the court likely will too, since they amended the filings from SCO v IBM and SCO v RedHat and SCO v Novell, it seems to me (IANAL) that they should get to wait."

13 of 275 comments (clear)

  1. Re:Silly Question... by kill-hup · · Score: 2, Informative
    Search is your friend: SCO Names 1st Lawsuit Target: AutoZone

    I know, I know; it was probably a troll...

    --
    Sinepaw.org: Grape Winos
  2. Not quite by Saeed+al-Sahaf · · Score: 4, Informative

    Actually, when SCO stock hit $7.18, a bunch of them actually bought SCO stock. Not sure the "pump and dump" thing is playing out. Honestly, I think they are all just spoiled kiddies.

    --
    "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
  3. Re:Okay, all together now... by NineNine · · Score: 4, Informative

    "Yawn".

    You obviously don't own a business that supports you and your family. If you did, you wouldn't take this so flippantly. SCO could care less if you're running you l33t gamerz box on Linux, so you have nothing to worry about. It definitely concerns those of us whose livelihoods depend on our computers.

  4. Re:Ok, Slashdot.. by Anonymous Coward · · Score: 1, Informative

    There already is. Caldera. You can simply block Caldera in your /. profile and your set to go... the stories disappear!

  5. Re:Okay, all together now... by cev · · Score: 5, Informative

    Previous reply was pretty much correct. When playing eight ball, the goal is to sink all of one's balls, then make the eight ball to win. If you are in an impossible position (i.e. you can't make any of your own balls), the best strategy is to "hide the 8-ball" so that your opponent can't win either.

    However, there is no "stalemate" in pool, so your goal in hiding the eight-ball is to allow you (or force your opponent) to move your balls into better positions so that you might win.

    Perfect analogy.

    CV

  6. Re:Oh. I see. by DaveAtFraud · · Score: 3, Informative

    Most of us who read Groklaw filter postings from Anonymous Cowards so we don't get as many "noise" postings. Its amazing how much better the quality of the posted comments are once you filter this drivel.

    Oh, sorry.

    BTW, the setting is under the preferences link on the left side of the page once you log in. Its right under their award for "Best News Site" from OSDir so its easy to find. But of course, if you don't log in, you would never see it.

    --
    They that can give up essential liberty to obtain a little temporary safety deserve neither safety nor liberty.
    Ben
  7. Re:That's a really cool idea. by NineNine · · Score: 2, Informative

    Actually, it's easy to check.

  8. Re:Ok, Slashdot.. by DaveAtFraud · · Score: 3, Informative
    It's time for a new section. It's time for an SCO section, ala Games or YRO. A section devoted entirely to SCO stories, because I (and I imagine a lot of other people) simply do not care about them anymore.
    So why do you bother reading them and posting comments?

    BTW, if you go to the user preferences section and click on the "Homepage" tab you will note a rather large table that lets you exclude stories based on topic as well as other criteria. Check the box next to Caldera. That's the "old" name for the bunch of litiguous bastards known as The SCO Group. You can then stick your head back in the sand and stories about SCO will no longer interupt your reading of slashdot. Unless that is, due to a preponderence of apathy and ignorance, SCO happens to win in which case slashdot and a lot of the net as we know it will cease to exist. But don't worry. Some of us who do care will try to stay informed and keep that from happening.

    Oh, and quit whining and try to figure stuff out for yourself sometime.

    --
    They that can give up essential liberty to obtain a little temporary safety deserve neither safety nor liberty.
    Ben
  9. Re:when will we see proof? by FroBugg · · Score: 4, Informative

    Exactly.

    If the ideas in your software are original enough that you need to worry about them being copied, then you should apply for a patent.

  10. Re:Ok, Slashdot.. by Chester+K · · Score: 2, Informative

    It's time for a new section. It's time for an SCO section, ala Games or YRO. A section devoted entirely to SCO stories, because I (and I imagine a lot of other people) simply do not care about them anymore.

    Go to your preferences, choose not to show any stories with the "Caldera" icon.

    --

    NO CARRIER
  11. Re:Yes you can profit from SCO's woes......... by lundbergaj · · Score: 2, Informative

    There wasn't any stock to short (at my broker) when SCOX last ran up to 11 or so, but when it dropped back around 10, it became available again. I don't know what made it unavailable for shorting (if not booming short interest), but as the price drops, short sellers who cash out will make some shares available for shorting. One can probably infer that any more pumps of SCOX stock will be met by spikes in shorting. Drops in price will result in some short shares becoming available, but not mine, I'm riding this one all the way down (my short positions, that is).

  12. Re:Quit worrying about SCO by Zelatrix · · Score: 2, Informative
    Something to think about: when SCO tanks, somebody will buy the "UNIX intellectual property". Who's likely to do that? Sun? Microsoft? Red Hat?

    I believe the so-called "Unix IP" is held as collateral on loans made by the Canopy Group (SCO's owner) to SCO, and is intended to revert to Canopy when SCO goes belly-up.

    Whether this ploy will be successful is debatable. IBM may be able to pierce the corporate veil surrounding Canopy for a number of reasons. For example, Computer Associates were given SCO "Linux IP" licences (which they didn't ask for) as part of a settlement with the Canopy Group, which calls into question the arms-length relationship between Canopy and SCO. If that happens, IBM are likely to end up as the new owners of Canopy when all this is done.

    It's really a moot point as far as Linux is concerned though. Firstly, SCO have so far been unable to show clear title to the "Unix IP". My money says they won't be able to. Secondly, the terms of the original AT&T licence agreement state that Unix licensees own any modifications that they make themselves, putting a big hole in the SCO "derived works" argument. And finally, the SysV stuff isn't present in Linux anyway. Anyone who disagrees with that statement is invited to provide file names and line numbers where the infringing code can be found.

    So who cares where the "Unix IP" ends up? Not me.

  13. Re:when will we see proof? by tsg · · Score: 2, Informative
    So if you have software copyrights, I can claim I didn't steal your code, just your ideas!?!

    According to Copyright Law:

    S 102. Subject matter of copyright: In general

    (a) Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include the following categories:

    (1) literary works;

    (2) musical works, including any accompanying words;

    (3) dramatic works, including any accompanying music;

    (4) pantomimes and choreographic works;

    (5) pictorial, graphic, and sculptural works;

    (6) motion pictures and other audiovisual works;

    (7) sound recordings; and

    (8) architectural works.

    (b) In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.[emphasis mine]


    Ideas are not protected. Only the expression of the idea.
    --
    People's desire to believe they are right is much stronger than their desire to be right.