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McBride At A Loss For Words
An anonymous reader writes "That, at least is the verdict of Linux Business Week's Maureen O'Gara, who reports that, with all the latest twists and turns, with BayStar and RBC in particular, SCO's CEO was finally bereft of words to describe what it's all been like. In the end he settled for 'This is like...nothing.' As O'Gara herself says, the latest SCO news is plain weird."
SCO now thrive on headlines alone. Stop talking about them and they'll go away quicker.
BayStar hasn't withdrawn its demand that SCO return its money and BayStar's lawyers, he said, still haven't told SCO's lawyers how SCO breached their contract. So McBride figures BayStar doesn't have a legal leg to stand on and won't be able to get its money back. The money of course is paying for SCO's legal pursuits.
So, Baystar's demanding their money back due to breach of contract without telling how the contract was breached means they don't have a legal leg to stand on.
Why does this sound so familiar?
Oh, that's right. SCO claims to own code that was put into Linux, but won't tell what code SCO claims to own.
Is this Darl's way of admitting that SCO doesn't have a legal leg to stand on?
. 62,400 repetitions make one truth -- Brave New World, Aldous Huxley
Would you be proud of your activities after having ruined your corporation's reputation in the business environment? I wonder how the guy sleeps at night.
SCO has no chance of surviving even if they get the
$5 billion by some stroke of insane luck. Who would do business with a company headed up by this overly litigious asshole? "Contracts are what you use against parties you have relationships with," indeed.
One day doesn't really tell much. A more interesting view is the 3 month performance. Then take a look at the 1 year graph, and it looks like SCO is heading right back to where they were before this whole episode began - circling the toilet bowl of history...
Stop by my site where I write about ERP systems & more
So let me get this straight...BayStar has bought up RBC's investment in SCO and wants SCO to get out of every other business it's in and focus on it's pending lawsuits? Doesn't that strike anybody as odd? Basically, BayStar has told SCO to put all of it's eggs in one basket, hoping that the bottom doesn't fall out. If SCO loses against IBM, then there would be nothing left, the stock would take a pounding (probably become "Penny Stock"), and BayStar loses on it's investment. Strange.
Either BayStar is betting a huge wad of cash on this "horserace" hoping for the big payoff, knows something we don't (which I doubt), or is really stupid. Whatever the management at BayStar is smoking, I'd like some of that.
It is not our abilities that show what we truly are... it is our choices.
SCO has made a major tactical error; they sued Novell alleging slander of title because Novell filed for the copyrights on Unix System V shortly after SCO fled for the same copyrights.
Essentially, to allege a slander of title, you have to come to the court with
1) Evidence that you won the title being slandered,
2) Evidence that the slanderer knew it,
3) and that you suffered damages as part of the slander.
The problem is that SCO not only has failed to show evidence of 1 and 2, Novell is waving the letter around where SCO asked Novell for the copyrights.
Now, if the court dismisses the suit stating that SCO's ownership of the copyrights is in doubt, their case against Autozone collapses, and Red hat can get summary judgement that Linux does not infringe on SCO's copyrights.
Meanwhile IBM's counterclaims, once litigated will leave SCO in bakrupcy and the GPL will have had its day in court (IBM is suing SCO, among other things, for distributing IBM's copyrighted code while violating the terms of the GPL by forbidding the creation of derivative works).
Free/Open Source software has been helped rather than hurt by this lawsuit; it is more famous, and its opponents are displaying themselves to be incompetent bufoons. It has educated many of us about the field of intellectual property law.
Baystar are not selling their shares right now - they just doubled their stock by buying the 20,000 shares that the Royal Bank of Canada just cashed out of.
Ripping an new rectum in the fabric of spacetime.
He may be law abiding (I'm not convinced) but he's trying to take the freedoms of thousands of developers away. You should not let your politics interfere with your sense of judgement. People who wrote their own software have a right to use it unencumbered by the claims of some shady characters who misrepresent their efforts. The SCO CEO has lied about Linux, he has misrepresented his own claims, he has failed to meet the basic requirements of copyright enforcement by intentionally not stating any lines of infringing code, while impugning the character of independent developers. Nobody has stolen his code and the technical merits of his claims are baseless, absurd and unsupportable notions of copyrights on ABIs and derivative works have been introduced in court and in the press to hype their case.
If he has a claim against the community he should state it with specificity, he has never done this. The community should be given the chance to fix any problems (that's a right under the law) and they have never been given that chance.
SCO does not want this. SCO wants to tax us all for work others have done on copyrights they don't even own if Novell is to be believed.
McBride is a despicable man of low character, he has demonstrated this to most rational thinkers and he deserves the public scorn that is heaped upon him.
I have a lunch box there is a tuna fish sandwich and something spongy in a brown paper wrapper. I like tuna fish, that is a 'known' and i don't have to worry about it.
I don't know what's in the brown paper wrapper but I know better then to eat it. That's a 'known unknown' and since I'm not going to eat it, I don't have to worry about that either.
What I didn't have any idea about, however, was that my lunch box was trapped with a spring loaded poison needle, that's an 'unknown unknown'. Because I didn't have any idea my lunch box could be trapped, I'm dead.