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DaimlerChrysler Looks for Dismissal of SCO Suit
Ian Atkins writes "DaimlerChrysler has told SCO where it can stick its lawsuit. In a filing in Michigan, the car company has said not only does it not have to give SCO the information it asked for, but that it hasn't used the software SCO claims rights over - for seven years. It has asked the judge to throw the whole thing out of court. Another bad for SCO and its MS-backed Linux crusade it would seem. Full details on Techworld here." Reader Eggplant62 notes that Groklaw is also covering the story, and noting that SCO has dropped their claim that the GPL is unconstitutional.
by everyone involved in every one of SCOs cases. They really aren't newsworthy.
Judges orders, warrants, and decisions from the bench are worth noting. But legal filings are just the gears of the bloated legal system in action.
The first thing any lawyer does in almost any case is file for dismissal on some obscure precedent.
I don't need no instructions to know how to rock!!!!
How can they make claims and drop them like that? No consequences??
.. there were real losses. It's just wrong that you can make risk free arbitrary claims and accusations as scare and/or FUD to try to advance your agenda .. without worry of consequences.
There are corps that weren't choosing linux or delaying programs because of this
No, DCX is saying that they haven't used SCO's OPENSERVER or UNIXWARE in that period of time. That ARE using LINUX.
Exactly what does that add to this story?
"Ask not what your country can do for you." --John F. Kennedy
Wow, another major victory for Linux. A Fortune 500 company (of German origin, for God's sake) admits it didn't care to adopt Linux and was Unix/Microsoft shop all the way and always will be.
DaimlerChrysler was being sued using their Unix licence. So they ditched Unix and went Linux/Microsoft long ago. Yes, I know. I've been trolled. I lost.
Kjella
Live today, because you never know what tomorrow brings
Tune in every Tuesday and watch Darl as he tries to survive in the courts. Next season don't miss the "Darl Survivor II" premier episode where he gets strip searched prior to entering prison. Soon after he meets his new roomate Bubba, who introduces himself and then says, "I like your butt Darly boy".
I Am My Own Worst Enemy
"Little SCO, gonna sue you blind"
"Darl gonna make you play $699..."
Don't blame Durga. I voted for Centauri.
"Your honor, we have no idea who these poor schmendriks are. We might have used some of their software in the mid 90's before we got beaten with a clue stick, but that was when we were still using Reynolds & Reynolds green screens and we didn't know what the INTARWEB was. Please make them go away?"
When in doubt, parenthesize. At the very least it will let some poor schmuck bounce on the % key in vi. (Larry Wall)
With all this idiocy, it would seem SCO are doomed. How could any company maintain with this much erosion to their credibility?
Now, I don't know much about "The Market", but I know what this curve means. Hah.
I shall go and tell the indestructible man that someone plans to murder him.
Boy are you in the wrong place, I'm sure many people here where picked on by Microsoft(R) backed school yard bullies. Microsoft makes their Free(tm) Beer go flat and steals their tube socks.
"Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
We're the Mercedes-Benz of.. Mercedes-Benz, SCO bitches!
Must-not-watch TV!
Groklaw has posted a text version of DaimlerChrysler's response to SCO's complaint.
Im getting very tired of this whole SCO thing. As such, I propose that this be solved via the famous "Trial By Stone," designed by Jim Henson.
In the movie "The Dark Crystal" The Skeksis decide who gets to be emperor by who could put the largest dent in a solid stone with the swing of a sword.
General: Chamberlain! I challenge!
Chamberlain: Trial by stone.
General: Trial by stone!
General, in a rush of massive anger, swings and chops the stone in half, becoming the emperor.
Linus, Darl, It is time to pick up your swords and swing.
TRIAL BY STONE!
no
DaimlerChrysler has told SCO where it can stick its lawsuit.
Truly now is that the way they did it?
More than likely it was:
Dear Sir or Madaam,
Put forth hereth we knowth thus blah blah blah
Now to tell SCO where to stick it would be more like:
Listen up you stupid idiots,
We have no idea what the fuck you are talking about so piss off and crawl back into your hole and die.
With love,
DaimlerChrysler
will notice the next time they buy a Chrysler, that their cars seem to be missing items, say like brakes?
Oh, I suspect that Darl and company better not get parts from AutoZone either.
AutoZone salesman: Oh, Mr. McBride, you don't want that kind of brake fluid off the shelf. We have a very special bottle behind the counter right here for you.
No trees were harmed in the composition of this; however, numerous electrons were inconvenienced.
Look at the bottom. The last sentance reads "SCO declined to comment"
I never thought Daryl would shut up.
nos laetus epulor qui would domito nos
Does DaimlerChrysler have some sort of OnStar system in their cars? If so, they should remotely disable all vehicles registered to SCO execs.
That big bump in March seems to have been SCO's announced stock buyback. So they blew a big chunk of their remaining cash, and the stock went back down anyway.
It doesn't get much worse than this:
-
Product sales are zilch.
-
Intellectual property sales are zilch.
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Their VCs want their money back.
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They're in litigation with four different Fortune 1000 companies. And not doing well.
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Their CEO is widely viewed as an annoying loudmouth.
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The stock is in a screaming dive.
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They're widely hated.
The only upside is that there are no criminal charges or securities-fraud litigation. Yet. That may come, if insiders enriched themselves during the stock runup.Trial by Sharon Stone - last person who doesn't faint in interrogation sequence wins
Trial by Bludstone - Gain mod points by posting obscure Dark Crystal references
Trial by Flintstone - Endurance rally race in which you drive a 600 lbs car cross country with your own two feet
Trial by Oliver Stone - conducted by the CIA
Don't blame Durga. I voted for Centauri.
If SCO and RIAA got together, they'd have the highest expense of lawyers while offering no service or product to the public.
I thought M$ had good lawyers, man these two companies can sue any one of any status.
Go To Your Room!
Sticks and Stones may break my bones, but copyright will always protect me.
In watching the whole debacle going on with SCO, it concerns me that, in the end, beating SCO back down with the brickbat of the law has been little more than an uninteresting problem. Enough resource applied to the problem and it just kind of goes away.
This sig no verb.
SCO's stock has been taking a pounding lately and as of now (1352 EST is under $6.50 a share. If you follow the trend .. they are slowly but surely crashing. Now the question is going to be ... when?
And this could be one of them...
Read the daimler filing, this is surely not one of them. This suit is about Daimler/Chrysler failure to comply to the audit letter sent to Unix licenses at the end of 2003. Basically, what they tell SCO is :
We already answered but anyway, you didn't have a right to ask in the first place, and if you did, as per your contract with Novell, they waived your right to an answer. Also, we haven't used your systems in a while, and you have failed to indicated clearly how we're infriging your IP and you didn't try to mitigate or give us a chance to cure. So screw off and come back when you've got something to sue us over.
And mostly, they're right, and you would know this if you followed groklaw's excellent coverage.
"Not to mention all the idiots who use words like boxen."
Anonymous Coward on Monday August 04, @06:49PM
Man, I knew some judges were sticklers about proper decorum in the courtroom, defendants wearing suits, etc. but this is pretty extreme, don't you think?
"Prepare for the worst - hope for the best."
I like the way many users have visualised the current state of affairs:
Tactical Map
SCO's current position
Relationship with IBM
Seen their stock of late? HERE
"Who are in control, they are not in control of anything - they don't even control themselves!" - Glen Beck
Previously we reported that SCO was scraping the bottom of the barrel. We must now print a retraction:
It appears as though SCO is in fact not scraping the bottom of the barrel...any longer. They have broken through the bottom and are working themselves into a barrel sized pit. The barrel was located near an outhouse, and so now you can see where they are coming up with all this...stuff.
-Adam
The WHEREFORE clause asks that the complaint be dismissed with prejudice, and that the court award DaimlerChrysler costs and attorneys' fees. (emphasis added)
IANAL, so I do not know if this is standard for dimissing with prejudice (heck, it might be the defintion of dismissing with prejudice, for all I know), but it seems like DaimlerChrysler isn't going to let them go without some consequences. It might not be a big dent compared to a defamation suit, but it's a start. Also, every drop of red that SCO shows in its annual reports tied to judgements going against them (as opposed to "cost of doing business" in launching the claims) looks worse for the stockholders.
We can only hope those stockholders eventually see sense, since the executive team doesn't.
"Prepare for the worst - hope for the best."
The way I see it, it should be called 'Pulling a GraceNote' - ie steal from contributers and sue frivrously. It seems to me SCO learn a lesson from GraceNote...
AC comments get piped to
And more to the point, you didn't actually ask before; you sent a non-registered letter to the wrong address, so we hadn't even heard of this nonsense until the court case.
Go away, don't come back, and pay us for our wasted time, please.
I am hereby calling for a boycott of this godless German corporation! How dare they attack the rights of an heroic American corporation like SCO?
So screw off and come back when you've got something to sue us over.
Actually, they filed for dismissal with prejudice, so they actually said something like:
So screw off, and don't bother coming back.
The only reason we have the rights we have is that people just like us died to gain those rights. -- Cheerio Boy
in this year's premiere episode, Darl is locked out of the prison library for filing ten frivolous lawsuits a day against individual farmers, seeking damages from all those who supplied rotten maggots in his gruel. "I require fresh maggots," he claims. other inmates on Block 27 promise Darl they can grow fresh maggots in his arms and legs....
if this is supposed to be a new economy, how come they still want my old fashioned money?
Linus, Darl, It is time to pick up your swords and swing.
If the world of computer technology is "the stone", then Linus has already cleaved it with a sword made of software.
So I can carry on driving my Linux powered Merc without having to worry about SCO stealing the wheels. Or am I jumping the gun?
Free Firefox news reader.
At least, they can't for much longer... below seven dollars and going down.
What? Is that ALL they could come up with?
In the USA, we like stuff watered down, like beer, television, and freedom.
SCO has dropped their claim that the GPL is unconstitutional
Nevermind how stupid that sounds, but when does it matter that a non-government document is unconstitutional?
Learn something new.
Someone big like DC filing something to the effect of:
:-)
Dear Judge for SCO v. [insert defendant name here]
We have reveiwed SCO's claims and are fully confident in your ability to come to the right decision without us contantly bothering you with the obvious. We will be happy to appear if you request it, otherwise we look forward to hearing your ruling.
Sincerely, [insert defendant name here]
Ok, so it would never happen, but hey, they'd save a**loads of cash on lawyers, get a ton of free publicity, and even if they did loose, there's always the inevitable appeal.
Oh yeah, IANAL, feel free to use this defense, but it's at your own risk
666-607: 6th floor apartment of the beast
Reverse that chart and you have one for the price of gas
The SCO Group to sell Pre-loaded Unix PCs
LINDON, Utah, Apr 29, 2004/PRNewswire-FirstCall via COMTEX/ -- The SCO Group, Inc. (Nasdaq: SCOX), the owner of the UNIX® operating system and a leading provider of UNIX-based solutions, announced today that they are to begin selling PCs pre-loaded with SCO Unix.
In light of this change to their core strategy they will also be changing their name from The SCO Group Inc ("SCO") to Santa Cruz Unix Machines ("SCUM").
"We feel that our new name better reflects our business and core values," said Darl McBride, President and CEO, Santa Cruz Unix Machines, Inc. "As SCUM we feel we are sending the right message to consumers about the sort of company they are dealing with."
All products will be re-named to fit with the new corporate image.
Forward-Looking Statements
This press release contains forward looking statements related to SCUM's belief that the world is flat and that anyone with an IQ over 12 would ever want to do business with them again.
About SCUM
The SCUM Group (NASDAQ: SCOX) helps millions of customers in more than 82 countries to grow their businesses everyday. Headquartered in Lindon, Utah, SCUM has a worldwide network of more than 11,000 resellers and 4,000 developers. SCUM Global Services provides reliable localized support and services to partners and customers. For more information on SCUM products and services, visit http://www.sco.com.
SCO, SCUM and the associated SCUM logo are trademarks or registered trademarks of Santa Cruz Unix Machines, Inc. in the U.S. and other countries. UNIX is a registered trademark of The Open Group.
SOURCE Santa Cruz Unix Machines, Inc.
Should read: "Another bad for SCO and its MS-backed Linux jihad"... That one was close Michael... it almost slipped by....
SCO: 800-726-8649
Verisign: 800-361-8319, 888-642-9675
Diebold: 800-433-VOTE (8683)
Er, that's what the link in the post was for...
"Prepare for the worst - hope for the best."
As long as they can manipulate reports and spin things in a way that their stock price doesn't tank they can survive.
What does it matter what their stock price is? The only thing directly determined by the stock price is how much money they can raise by issuing shares, right?
Their stock price can be sky high, but if they have no more shares to sell and they are hemorraging cash........ ?
"The SCO Group, Inc., a micro-cap value company in the technology sector, is expected to significantly underperform the market over the next six months with above average risk." --MSN StockScooter