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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."

23 of 275 comments (clear)

  1. Ok.. by Anonymous Coward · · Score: 5, Interesting

    Someone really needs to start a live counter of SCOs legal costs..

  2. when will we see proof? by Chuck+Bucket · · Score: 4, Interesting

    This is taking forever, the longer SCO drags this out, the more companies will be afraid of using Linux. When does this cross the line of being a lawsuit, to being racketeering? Am I being unreasonable? When they first went to court, why didn't SCO just put all the cards on the table? Is it because they don't have any cards to show?

    CVB

    1. Re:when will we see proof? by daVinci1980 · · Score: 3, Interesting


      This actually brings up an interesting problem with the Linux development model.

      Because the development group is a (relatively) rag tag bunch of people who send code in, there isn't really an organization than can countersue companies like SCO for defamation, slander and libel.

      Which is what any normal company would be doing to SCO right now.

      --
      I currently have no clever signature witicism to add here.
    2. Re:when will we see proof? by peragrin · · Score: 4, Interesting

      Actaully we can get one better.

      Class Action Lawsuits

      Piss off enough people so everybody or at least a major perctage joins a Class Action lawsuit, you can get tons more cash. Hey who says you don't get paid for being an Open Source Developer. It is also a lot harder to hide from a Class Action Lawsuit, rather than againist one enemy

      --
      i thought once I was found, but it was only a dream.
    3. Re:when will we see proof? by Saeed+al-Sahaf · · Score: 2, Interesting
      Piss off enough people so everybody or at least a major perctage joins a Class Action lawsuit, you can get tons more cash.

      Sure, we could try something like this with SCO, but keep in mind, they will probably be dead before such an approach could get off the ground, and, if not, they would most likely have very little money left to extract. I think the best approach is to let IBM et al. suck them dry and let the winds of time blow them away.

      To me, the real question is: After SCO is drawn and quartered by IBM, and left out for the carrion eaters, will Darl and Blake ever work in software again? Who would touch them?

      --
      "Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
  3. Thank god by AviLazar · · Score: 5, Interesting

    It's about time someone asked SCO "Stop crying like a spoiled brat and tell us what your exact complaint is" -A

    --

    I mod down so you can mod up. Your welcome.
  4. Motorcycle by Yonkeltron · · Score: 1, Interesting

    We should get Jesse james to make a custom Linux oriented motorcycle on national TV. It'd help get us the "NASCAR vote" that this whole AutoZone thing might allow us access to.

    --
    Keep the faith, share the code
  5. BS by Anonymous Coward · · Score: 1, Interesting

    This is the biggest pile of Bullshit that I've ever ever seen.

    Poor Autozone, I was a NAPA guy, but now I think I am going to be buying more parts from AutoZone from now on.

    I am glad they have some balls and not bow down to SCO.

    SCO should die.
    Die and burn in hell.

    Lets just hope that SCO's stock prices bottom out before AutoZone has to deal with any significant financial burdens from the lawsuite, even thought SCO is obviously full of shit, this stuff can get expensive even when submitted to frivolous lawsuites like this one.

    Any chance what their doing criminal in anyway?

    I mean could it be something like knowingly defrauding the court system or something?

    It would be nice to send these SCO bastards to jail for a while.

  6. That's a really cool idea. by mcc · · Score: 4, Interesting

    And it would be even cooler if you kept a live counter on the same page of the amount of money that board members, the Canopy Group, and SCO insiders have made by selling off SCO stock since this corporate kamakaze mission began...

  7. Okay, all together now... by pla · · Score: 3, Interesting

    "Yawn".


    I don't care. Nope. Not even a little.

    SCO has ceased to exist in my opinion. Based on the delay of AZ's response, I had assumed they to decided to pretend SCO doesn't exist, and to just ignore them.

    Nope. (Places fingers in ears and slowly rocks back and forth chanting "blah blah blah i can't hear you blay blah blah" over and over)

    The only interesting part of all of this? The amusing phrasing I've seen from the various briefs and filings and fnords and amendments and so on and so forth... "Hide the eight-ball"? I don't quite know the meaning of that in normal language, can someone elaborate on its specific legal-context meaning?

  8. Re:Oh. I see. by bangular · · Score: 1, Interesting

    Heh, I know this goes against everyone's opinion here and we'll both be modded down, but it needs to be said...

    Groklaw offers up many legal "opinions", but most of these are full of bias and B.S. They have about as much grounding as the pundits PJ is always complaining about. It's extrememly hypocritical of Groklaw to constantly complain about the pundits and talking heads that ground their arguments in FUD when Groklaw does the exact same thing. PJ makes wild accusations all the time but people seem to forget quickly. PJ is neither a lawyer nor a programmer. She tends to offer about as much insight as Rob Enderle.

  9. Ok, Slashdot.. by The+Other+White+Boy · · Score: 2, Interesting

    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.

    Yeah, I've got karma to spare.

  10. Isn't it obvious by now... by Anonymous Coward · · Score: 1, Interesting

    that is a horribly complicated attention whoring scam by SCO? All this press coverage they're getting is, contrary to what you might think, only helping their sales. By simply dragging this case on and on, they're getting ludicrous amounts of free publicity. Well, almost free publicity.

  11. It isn't obvious by now by Anonymous Coward · · Score: 1, Interesting

    Never in all my life have I had more people ask me "what is this linux thing, where can I get a copy". Those not intrested in running Linux are reccomending BSD, Sun, or SGI. Not a single person I know who now knows the name SCO is considering buying anything from them.

  12. SCO Libraries or Linux kernel? by -tji · · Score: 2, Interesting

    When SCO originally sued AutoZone, I thought they were claiming that AZ copied SCO's libraries to their Linux environment to make porting of AZ's software possible. -- This was debunked by a former AZ employee, who confirmed that the application was cleanly ported to Linux, requiring no SCO code.

    But, AZ's response seems to imply that not even that was clear from SCO's claim. They don't even know if they are talking about the kernel, pieces from SCO's OS, applications, etc.

  13. Re:In other news... by cprincipe · · Score: 2, Interesting

    I specifically buy my parts from AutoZone to support them during their litigation.

    --

    bun-fhuinneog agam!

  14. Re:Jesse by Skater · · Score: 2, Interesting

    Jesse James - the guy in the Autozone commercials. He's also the "host" of Monster Garage on Discovery. ("Host" is loosely defined here.)

    --RJ

  15. a weird theory.... by medelliadegray · · Score: 2, Interesting

    I have, for perhaps the last 8 months almost begun to wonder if by chance this company knew it was failing, and with its finaly resources perhaps SCO is trying to do the linux comunity a (covert) favor by actually
    1.) getting linux in the news so people know hear and talk about it, and
    2.) Getting the GPL tested and legitimised in court, so that people who never knew about linux before hand will then think about actually implementing it in the future... in all seriousness a non-tech savy buisnessman would probably be VERY leery of using a product that was completely free, with zero strings attached.

    But hey, maybe SCO really is as stupid as they appear. /shrug

    --
    Troll, Troll, go away and flame again some other day
  16. Re:In other news... by xs650 · · Score: 2, Interesting

    Quite a few. People who understand their own cars well enough to modify and repair them tend to have the curiosity and intelligence to learn about other systems as well.

    The most common form of communications between automotive enthusiasts are online forums, newsgroups and mail lists. I haven't taken a survey, but the use of Linux by members of those groups seems to be at least as high as it is in the general computer user population.

    If you are on line much and use Linux, it is hard to not know about SCO

  17. Re:Jesse by cluckshot · · Score: 2, Interesting

    Since I live near Athens Alabama where Frank and Jessie James were born (The Outlaws you refered to ) and near Huntsville where Frank and Jessie got started in their trouble making I also know a little bit about them. I know he died in Mo. (Jessie James bandit) I know that the brothers lived for some time in Nashville, Tn. I also know I bought carpet in 1985 from a "James Carpets" which was run by a "Jessie James" who was a relative of the famous guy and this Jessie had a brother named Frank.

    His decendants have quite a liking for the family name and famous first names. The "Monster Garage" guy claims he is a decendant.

    If I told you that I once did business with Huey, Dewy and Lewy Duck you would be sure I was lying ... I am not! They are local characters too but not cartoon ones.

    Life is just funny thats all.

    --
    Never Politically Correct ~ I prefer the facts If you don't like what I say, get a life, or comment yourself.
  18. Endgame by blueZhift · · Score: 2, Interesting

    I'm glad to see that AutoZone is not just rolling over on this case. As others have already noted, SCO is not likely to survive all of this litigation intact and probably never really intended to.

    With that in mind, I would say the latest round of high profile lawsuits against both corporate and government bodies is the intentional beginning of the endgame. I think that the legal team orchestrating all of this has decided that it's time to fall on the sword and end it all. So they start a round of suits they know they cannot win and cannot survive so that they can finally call this thing to a close.

    Obviously, there will never be any proof that this is what is happening. But the fact that the U.S. legal and financial systems allow this level of abuse is the saddest revelation of this whole affair.

  19. Re:Jesse by 3dr · · Score: 2, Interesting

    They mislead with "direct".

    The current vehicle customizer is a direct descendent of the *nephew* of the old Jesse James. But it makes for mo bettah TeeVee for him to be a direct, criminal bad boy. Ooh, The Drama! (/me clasps hands together)

  20. Re:In other news... by identity0 · · Score: 2, Interesting

    How many AutoZone customers do you think have ever heard of SCO? For that matter how many do you think would care anyway?

    Ah, good point.I imagine their customers think "Linux" is some sort of disposable window cleaning towlet that keeps rain off their windshield!


    I know AutoZone doesn't seem like much of a Linux-centric company, but they actually host a LUG, Group of Linux Users, Memphis at their headquarters in Memphis, Tennessee. They have graciously let us use their facilities, including a nice conference room with a projector and free downtown parking. Some of their employees have also given presentations on things ranging from wireless security to apache. Please support AutoZone in this lawsuit, even if it's just in online forums. (disclaimer: I am not an employee of AutoZone, just a golum member)

    The paranoid part of me suspects this lawsuit is partly a punitive move to 'punish' companies that show support for the community. AutoZone is not the biggest Linux user out there, but they seem more community-minded than most.