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McBride Says No More Lawsuits From SCO

thephotoman writes "Well, Darl McBride gave an interview to IDG News Services in which he said that SCO is not going to sue any more customers. They do bring up the issue of the SCOsource Linux licensing, and how much of a failure it has been. Instead, they plan to start marketing their flavor of Unix. However, as he's not dropping the current lawsuits, there's no good reason to believe him on this change in strategy."

24 of 280 comments (clear)

  1. Good Idea by ackthpt · · Score: 5, Funny
    SCO is not going to sue any more customers.

    Not suing customers, particularly your own, is usually somewhere high on the list of Winning Business Strategies.

    "Smithers, how much did our iron-fisted grab for licensing fees get us?"
    "$11,000, last quarter, Sir."
    "Ehhxcellent! They must be crowding around like lemmings, eager to hand over their money!"
    "Uh, No Sir, it cost us millions to get that much."
    "In the parlance of that oafish brute Homer Simpson, D'oh!"

    --

    A feeling of having made the same mistake before: Deja Foobar
    1. Re:Good Idea by jc42 · · Score: 5, Informative

      A betting pool on when exactly SCO will file their next lawsuit.

      Yeah. Note that they didn't promise to stop suing non-customers. And that includes all linux users.

      Or maybe this time they'll claim that there is stolen SCO code in OSX. That could supply our SCO news fixes for a while.

      --
      Those who do study history are doomed to stand helplessly by while everyone else repeats it.
  2. His financial backers turn tail? by dhakbar · · Score: 5, Insightful

    He must have lost his funding.

    It seems strange that he would give up for any other reason... he's shown himself to be hell-bent on his mission.

  3. Bottom line? by SIGALRM · · Score: 5, Insightful
    Though SCO's lawsuits against IBM Corp., Novell Inc., DaimlerChrysler AG and AutoZone Inc. have attracted a great deal of attention in the last year, they have not helped SCO's bottom line
    And a marketing push for SCO Openserver/Unixware will?
    --
    Sigs cause cancer.
    1. Re:Bottom line? by PCM2 · · Score: 5, Interesting

      Darl has to pretend that Unixware is a viable alternative to everything Linux, but in reality SCO has a more targeted market than that. As I understand it, they have a big presence in areas like point-of-sale terminals at McDonald's. Those kind of high-volume sales will probably continue to form their core business, particularly if they can continue to create FUD as to whether the Linux alternative will be a viable long-term proposition.

      --
      Breakfast served all day!
    2. Re:Bottom line? by drinkypoo · · Score: 5, Interesting

      SCO has one kind of customer, and that is legacy. McDonald's used to use Xenix, and for all I know they still might. If they're still SCO it's only because SCO promised them minimal effort in the upgrade department. Sooner or later they're going to decide they need something SCO can't give them and go to Linux.

      Xenix was basically the ideal OS for point of sale applications because it ran entirely reliably on 286 and 386 class machines. Now that point of sale systems are typically pentium or above (celeron, anyone?) there's no reason to be quite so miserly.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    3. Re:Bottom line? by Lacutis · · Score: 5, Informative

      SCO Unix is the operating system used by one of the more popular retail POS systems on the market named Micros.

      From http://www.micros.com/products/table_service_resta urants/ :
      "8700 Hospitality Management System (HMS)
      The 8700 HMS is composed of MICROS-developed application software running on the multi-tasking, multi-user SCO UNIX operating system."

      Micros is really popular in the restaurant industry in general.

  4. Wrong quote by MoxCamel · · Score: 5, Funny
    To quote Mark Twain, the rumors of our death are greatly exaggerated.

    Someone gave McBride the wrong quote. He actually meant to quote Hudson, from Aliens:

    "Well that's great, that's just fuckin' great man, now what the fuck are we supposed to do? We're in some real pretty shit now man... That's it man, game over man, game over, man! Game over! What the fuck are we gonna do now? What are we gonna do?"

    1. Re:Wrong quote by Anonymous Coward · · Score: 5, Insightful
      Wow... Aliens has a lot of apropriate quotes:
      Ellen Ripley: I don't know which species is worse. You don't see them fucking each other over for a goddamn percentage!
  5. hmm... by Valar · · Score: 5, Funny

    I guess the acid finally wore off. Spend millions to extract THOUSANDS!!!!!! in licensing fees. I am trully in awe of your threeleet business skillz, Darlzor.

  6. Res judicata by lothar97 · · Score: 5, Interesting
    I think the posting is incorrect regards the "change in strategy." As Darl says in the article:

    "I think right now we've got the claims in front of the various courts that we need in order to get our complaints heard and to get them argued and to get resolution. With respect to being more vocal or going after new targets at the customer level, we don't see the need for that. We had the need to get the basic issues on the table, but we're fine to argue the merits of what we have out there right now (in) the current litigation setting."

    There's something in law called "res judicata," (incorrect definition here) which means if something is decided by one court, it's binding on a court in another jurisdiction. The definition given is incorrect in stating that it applies only to the parties in the original suit. It can be used against a party in the original suit, if it's the same facts/situation, and the original party had ample and adequate opportunity and reason (motivation) to provide a full defense in the first case.

    If there is going to be a lot of cases, usually a company will do several, in different forums/jurisdictions, and see if they get a good result. If they do, such as SCO getting a ruling that all Linux violates their copyright/trade secrets/whatever, then they can use that in subsequent cases when suing. The inverse is also true. If a court finds that SCO is a bunch of mindless jerks that will be the first against the wall when the revolution comes (e.g. their claims are totally without merit), then they really cannot go after anyone else without overcoming some really large hurdles.

    Not only do I play an attorney on TV, I am an attorney in real life as well.

    --

  7. They still have customers? by Kenja · · Score: 5, Funny
    "SCO is not going to sue any more customers."

    In other words, now that they have no customers, they will only be sueing ex-customers.

    --

    "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
  8. What? by theparanoidcynic · · Score: 5, Funny

    SCO has a product and engineers to maintain it? When the hell? I thought they were just a group of ninja-attack lawyers based out of a defunct Taco Bell store owned by a Microsoft operative . . . . .

    --
    Only in a Slashdot fantasy can a Slackware install turn into several hours of sex . . . . .
  9. The article's title is incorrect. by Jaywalk · · Score: 5, Interesting
    Darl never actually says they're going to stop suing customers. What the actual interview says is:
    McBride: Rather than trying to pound through all of those issues on a daily basis, we've been content to say, "We're going to work our issues through the courtroom, and when everything is resolved there, we'll be good to go . . .
    IDGNS: By saying you're fine with things, do you mean that you don't expect to be launching any new lawsuits against Linux users?
    McBride: I think right now we've got the claims in front of the various courts that we need in order to get our complaints heard and to get them argued and to get resolution. With respect to being more vocal or going after new targets at the customer level, we don't see the need for that.
    At best, he's promising to stop customers for now, which is nothing more than acknowledging that this is all they can do at the moment. Without a win in IBM and/or Novell, SCO can't win customer lawsuits. They would all end like AutoZone; the judge would tell them to wait until the other cases are done. Or worse, like Daimler-Chrysler, which got thrown unceremoniously out of court with DC's lawyers entering sarcastic letters into evidence about how they did not verify the CPUs the code was not installed on because DC hadn't used the stuff in seven years. Since SCO has no other choice, they make contented noises like everything is going their way. But everything he's saying is predicated on winning both the IBM and the Novell lawsuits and then figuring out a way to get customers to pay SCO. And none of the court cases have been going SCO's way.

    Nothing to see here. Just Darl's usual nonsense.

    --
    ===== Murphy's Law is recursive. =====
  10. Oh, yeah.. by k98sven · · Score: 5, Interesting
    Exactly who in their right mind would buy SCO Unix?

    With features like:

    Risking having to migrate again in a year or two when they're bankrupt?

    No 2Gb+ file support

    No 64-bit support

    Ever-diminishing support from the OSS community, which ironically provides the most useful server apps for the platform?

    Risk future lawsuits from SCO if you do migrate?

    I mean.. SCO Unix has been uncompetitive for years now, while their management has been throwing all their effort into last-ditch lawsuits.

    Naturally.. it's all bullshitness as usual from SCO. But it's always worth the debunking, in case someone actually thought SCO had something of value.

    1. Re:Oh, yeah.. by hurfy · · Score: 5, Interesting

      In case you are wondering, since we have one of the rare 2004 copies of SCO software. A third party vendor is still selling them as part of their accounting package because thats what it has always used and stability is priority number one (or damned close). None of the customers are gonna risk a $50k accounting package gettign messed up to see if it works on something else. I imagine there are other third party vendors the same. SCO sure better hope so since ours probably only uses a couple dozen copies a year! All the issues listed are not issues for these uses. Support is from the third party anyway, dont need SCO ;) We dont use 2G files or 64-bit systems to run it. I doubt many of the users mess with the unix stuff at all so other programs availble dont enter into it. Anyone doing their own thing on Unix would probably have a running box and not buy the preloaded one anyway. They are still out there, but the vendors using it seem to be small specialty programmers. Dont really blame them for using what worked. Course that didnt keep me from giving them a hard time about it ;p

  11. Translation... by Anonymous Coward · · Score: 5, Funny

    Both customers were sued...

  12. Darl McBride's Island by Eberlin · · Score: 5, Funny

    Just sit right back and you'll hear a tale
    A tale of a fateful trip
    That started from a "Unix Port"
    Aboard a sinking ship.

    The mate was a mighty selling man
    The skipper wasn't sure
    Six passengers sat sail back then
    For a legal language tour (a legal language tour)

    The language started getting rough
    The chrysler case was tossed (almost)
    If not for the "courage" of the fearless crew
    The lawsuits would be lost (the lawsuits would be lost)

    The ship held ground on the shore of this
    Old Mormon Desert Isle
    With Billy Gates
    And Ballmer too
    Some millionaire
    Named McBride
    A Courtroom Star
    McNealy and Canadians
    Here on Darl McBride's Isle

  13. Risking sanctions by www.sorehands.com · · Score: 5, Interesting
    It is not just the issue of expenditure of money and time to fight the lawsuits, if they bring more -- but the risk of sanctions.


    In Damler, the judge threw out most of their case, so they can't argue that the next one is brought in good faith.

  14. Re:I'm sorry by Anonymous Coward · · Score: 5, Interesting
    "My personal opinion is that Darl actually loves Linux, and he's been working as hard as he can to, on Microsoft's dime, paint the anti-Linux crowd as raving maniacs... I mean, he's not really this broken, is he?"

    In retrospect, I think you're right. It's so surreal, but there was probably no better way to give GNU softare credibility in the business world. Look at how it looks to the corporate world:

    Big companies (Daimler/Chysler, etc) use Linux.

    Big companies like Linux so much, they'll fight in court to keep using it.

    IBM will stand by Linux's IP and defend it legally

    HP will stand by Linux's IP if you pay them for indemnification/insurance

    The code is so clean, despite being a "unix clone", even the owners of unix can't find any infringing code.

  15. Did Darl really say this??? by kwelch007 · · Score: 5, Funny

    Quote "We think in the future, software developers are going to be more motivated by getting paid for their work rather than contributing and not getting paid."

    Um. Ya. I haven't cared about getting paid so far. I'll think about that in the future.

    Sheesh.

  16. "One question" by boots@work · · Score: 5, Insightful

    As The SCO Group Inc.'s reseller and developer community gathers for its annual SCO Forum convention in Las Vegas this week, one question on many attendees' minds will be whether the company's future will be as a software vendor or as a litigator.

    The answer is No, they do not have a future as a software vendor or litigator.

  17. Re:I'm sorry by Anonymous Coward · · Score: 5, Funny

    damn it, every time I post as an AC I get modded up.

  18. And the Wrights by CedgeS · · Score: 5, Insightful

    Or ask the Wright brothers. They sunk their company by investing all their time in litigation against competitors instead of development and innovation.