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Novell Wins vs. SCO

Aim Here writes "According to Novell's website, and the Salt Lake Tribune, the jury in the SCO v. Novell trial has returned a verdict: Novell owns the Unix copyrights. This also means that SCO's case against IBM must surely collapse too, and likely the now bankrupt SCO group itself. It's taken 7 years, but the US court system has eventually done the right thing ..." No doubt this is the last we will ever hear of any of this.

380 comments

  1. Seven years for eight hours work by symbolset · · Score: 5, Insightful

    But at least that part is over. There's still a little cleaning up to do but this one could be over and done with finally this summer. If you like Groklaw, head over and give PJ a pat on the back for her long perseverence.

    Congrats to Novell's legal team.

    /SCO die,die,die!

    --
    Help stamp out iliturcy.
    1. Re:Seven years for eight hours work by Abalamahalamatandra · · Score: 3, Funny

      Darl? Is that you?

    2. Re:Seven years for eight hours work by Anonymous Coward · · Score: 5, Interesting
    3. Re:Seven years for eight hours work by Sponge+Bath · · Score: 4, Funny

      You forgot the "I'll get modded down for this, but here goes..." line in your post.

    4. Re:Seven years for eight hours work by argent · · Score: 3, Interesting

      There's actual volume. Who the hell is *buying* it? Some badly programmed robot?

    5. Re:Seven years for eight hours work by amicusNYCL · · Score: 5, Informative

      Reasonable people understand that PJ works for IBM. Reasonable people understand that there is no "PJ", that IBM spun up a screen name and went to town.

      Reasonable people understand that evidence is necessary to back up their spurious claims.

      --
      "Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
    6. Re:Seven years for eight hours work by mschuyler · · Score: 4, Funny

      "Fuck PJ."

      Umm, I don't think she wants you, but it's probably okay to keep her in your maturbatory Rolodex if you want.

      --
      How about a moderation of -1 pedantic.
    7. Re:Seven years for eight hours work by MightyMartian · · Score: 4, Insightful

      PJ did the FOSS community an extraordinary service. I suspect she also did IBM a great service. One thing is sure, whatever her motives, she's ten times the person a worthless little apologist like you is. Go away you piece of garbage.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    8. Re:Seven years for eight hours work by RichardJenkins · · Score: 1

      Yikes. Guess there's a few sharp thinking short sellers wearing a satisfied smirk today.

    9. Re:Seven years for eight hours work by sopssa · · Score: 1, Interesting

      What about when Novell starts abusing their position? Maybe not now, maybe not in a few years, but you never know what happens or who buys what company..

    10. Re:Seven years for eight hours work by Anonymous Coward · · Score: 0, Funny

      Fuck Frosty Piss. He's a publicity whore no better than Darl. Shameless publicity whore with dirty knickers and a fragrant, sweaty crotch. He wanked in a grand way to this poo-poo. Head. Of. Penis.

      And "who is Frosty Piss"? Just some unknown troll *that just happened to post to this story*? - YEAH RIGHT. I got a boner.

      Reasonable people understand that Frosty Piss works for SCO. Reasonable people understand that there is no "Frosty Piss", that SCO farted out a screen name and went to a whorehouse where they knocked up the ugliest skank they could find. Nine months later, et voila! Frosty Piss.

    11. Re:Seven years for eight hours work by Anonymous Coward · · Score: 4, Funny

      Reasonable people understand that evidence is necessary to back up their spurious claims.

      I fail to see how this has relevance to the spurious claim presented.

    12. Re:Seven years for eight hours work by adwarf · · Score: 5, Insightful

      Shorts closing their position?

    13. Re:Seven years for eight hours work by Anonymous Coward · · Score: 1, Insightful

      So... "reasonable people" are either trolls or bat-shit crazy?

    14. Re:Seven years for eight hours work by headkase · · Score: 0, Flamebait

      Everyone knows you are an evil little (in all ways) boy. Keep posting so I can laugh so more - especially some vitriol, I'd like to put it up on my wall as an example of how small people can be. Or you know, you could try arguments, logic, and facts.

      --
      Shh.
    15. Re:Seven years for eight hours work by _Sprocket_ · · Score: 3, Insightful

      I can't prove that you exist.

    16. Re:Seven years for eight hours work by Anonymous Coward · · Score: 0

      Then I'll say that the entity we refer to as "PJ" did the Linux community a great service. Be she real or not :)

      NOW go tell me to "shut the fuck up".

    17. Re:Seven years for eight hours work by spun · · Score: 1

      Can you prove you aren't an SCO corporate whore? No? Then shut the fuck up.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    18. Re:Seven years for eight hours work by Anonymous Coward · · Score: 0

      Ah, the everpresent shill argument, first refuge of the intellectually lazy Slashdotter.

    19. Re:Seven years for eight hours work by Anonymous Coward · · Score: 0

      Wait, if PJ doesn't exist, then how does "she" profit in a grand way?

    20. Re:Seven years for eight hours work by shentino · · Score: 1

      You can't prove he doesn't exist either.

      The question is...which version does the burden of proof make the default?

    21. Re:Seven years for eight hours work by Anonymous Coward · · Score: 1, Funny

      I like the forecast further down that page ("12 month forecast unavailable.")

    22. Re:Seven years for eight hours work by God+of+Lemmings · · Score: 4, Informative

      Reasonable people understand that PJ works for IBM. Reasonable people understand that there is no "PJ", that IBM spun up a screen name and went to town.

      Yes, but intelligent people at least look stuff up before spouting unsubstantiated claims.

      http://www.linux-watch.com/news/NS7673520174.html
      http://www.groklaw.net/pdf/IBM-621-E19.pdf

      --
      Non sequitur: Your facts are uncoordinated.
    23. Re:Seven years for eight hours work by spun · · Score: 2, Interesting

      Which is exactly why the AC called Frosty Piss on his bullshit, and why I was backing him up. Get it? You just argued against Frosty's original argument. He called PJ a shill.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    24. Re:Seven years for eight hours work by Toonol · · Score: 1

      No, anonymity is the first refuge.

    25. Re:Seven years for eight hours work by corbettw · · Score: 1

      Dude, you just blew...my...mind.

      --
      God invented whiskey so the Irish would not rule the world.
    26. Re:Seven years for eight hours work by SanityInAnarchy · · Score: 1

      Yeah, that's about the only way a post like that escapes a troll mod.

      --
      Don't thank God, thank a doctor!
    27. Re:Seven years for eight hours work by SanityInAnarchy · · Score: 1

      While we're on the subject of epistemology, I have far more evidence that PJ exists than that God exists.

      --
      Don't thank God, thank a doctor!
    28. Re:Seven years for eight hours work by mindbrane · · Score: 1
      "I refute it thusly"

      Dr. Johnson

      --
      ideopath @ play
    29. Re:Seven years for eight hours work by NickFortune · · Score: 2, Insightful

      I am pleased to see you taking this with such good grace. A lesser man might well come across as bitter and vindictive under such circumstances as these. How nice that you found it within yourself to rise above all that.

      --
      Don't let THEM immanentize the Eschaton!
    30. Re:Seven years for eight hours work by binarylarry · · Score: 5, Funny

      Someone just gave me an idea for a new android app!

      --
      Mod me down, my New Earth Global Warmingist friends!
    31. Re:Seven years for eight hours work by falconwolf · · Score: 1

      You forgot the "I'll get modded down for this, but here goes..." line in your post.

      No, as another slashdotter said "Reasonable people understand that evidence is necessary to back up their spurious claims."

      Falcon

    32. Re:Seven years for eight hours work by Anonymous Coward · · Score: 0

      Many people here have mentioned trying to short SCO, but couldn't because there was no one willing to loan shares.

    33. Re:Seven years for eight hours work by spun · · Score: 1, Insightful

      Who the fuck cares what you say or what your lame ass rationale is? You're an SCO shill because I say you are, bitch.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    34. Re:Seven years for eight hours work by MightyMartian · · Score: 2, Interesting

      What does it matter in the least if PJ is simply a cover for a team of IBM lawyers. The fact remains that SCO's claims were bullcrap. Attacking PJ hardly makes SCO's claims better. It's just a way pathetic SCO and MS shills like you, doubtless paid to come here and mouth this kind of shit, to attack the messenger.

      What makes me laugh is you've probably got a pile of SCO stock which is rapidly approaching the same value per unit as a piece of two-ply toilet paper.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    35. Re:Seven years for eight hours work by Locke2005 · · Score: 3, Funny

      Wait a minute... Maureen O'Gara has a slashdot account?!?

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
    36. Re:Seven years for eight hours work by idontgno · · Score: 3, Insightful

      What position?

      Ownership of Unix copyrights?

      What happens if they start abusing it? Let's see... who's infringing on the Unix source code copyrights... Oh, yeah, no one.

      So, um... nothing happens. No one is trespassing on the sacred Unix Copyrights, so Novell can yell at no one to get off their lawn.

      --
      Welcome to the Panopticon. Used to be a prison, now it's your home.
    37. Re:Seven years for eight hours work by tomhudson · · Score: 4, Insightful

      You're a jerk.

      Shameless publicity whore. She profited in a grand way from this too-doo. Point. Of. Fact.

      Absolutely false. Groklaw doesn't run ads, and the donations go to things like court transcripts.

      And "who is PJ"? Just some Small Town Paralegal *that just happened to be interested in Linux*? - YEAH RIGHT. I got a bridge.

      ... because a woman can never grok linux ... riiiight. Go back in your basement.

    38. Re:Seven years for eight hours work by cgenman · · Score: 2, Interesting

      Who the heck would let someone short SCO? I mean, for there to be a short, someone has to be holding them. At 50c a share, SCO was probably still wildly overvalued. Really, the only way that SCO was going to recover was with a court victory, and while the probability of that wasn't 0, it was as damn near to it as possible for practical applications.

    39. Re:Seven years for eight hours work by Anonymous Coward · · Score: 0
    40. Re:Seven years for eight hours work by K.+S.+Kyosuke · · Score: 1

      And if Apple is still the company that has to order their employees not to sleep around with each other on business trips, they will label it OK for the App Store!

      --
      Ezekiel 23:20
    41. Re:Seven years for eight hours work by twoears · · Score: 0

      "Fuck PJ."

      Umm, I don't think she wants you, but it's probably okay to keep her in your maturbatory Rolodex if you want.

      Trouble spelling, or did you type that with one hand?

    42. Re:Seven years for eight hours work by BillyGee · · Score: 1

      Not to substantiate any parent's claims about PJ not existing, but your response is curious - the proof is supposed to be in a blog post written by a journalist who has firmly sided with PJ in his views, and 70 pages of legalese in PDF with no references to where the point is? This makes an intelligent person?

    43. Re:Seven years for eight hours work by Bigjeff5 · · Score: 1

      Nobody can prove that anything doesn't exist. You can't prove a flying horse doesn't exist. It's the nature of proofs, you can only prove what is, not what isn't. Such things are impossible.

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    44. Re:Seven years for eight hours work by ggambett · · Score: 1

      Nature of proofs? Of course you can. Example : once you prove that the internal angles of every triangle add up to 180, you can trivially prove that triangles with angles adding up to, say, 250 don't exist.

    45. Re:Seven years for eight hours work by Thinboy00 · · Score: 1
      --
      $ make available
    46. Re:Seven years for eight hours work by Maximus633 · · Score: 1

      Who needs proof.... This is slashdot....

    47. Re:Seven years for eight hours work by Posting=!Working · · Score: 1

      Not only that, but the low was 0.08 and it closed at 0.10, so it actually went up at the end of the day.

      --
      This sentence no verb.
    48. Re:Seven years for eight hours work by jcochran · · Score: 2, Insightful

      Oh? Let's see you draw a triangle on a globe. Place 1 vertex at the north pole. Draw a line from there to the equator. Now go back to the north pole and draw another line starting there at 90 degrees from the 1st line. Draw that line also to the equator. Finally, connect the 2 endpoints sitting on the equator together with a 3rd line.

      Now measure the angles at each vertex of the triangle you just drew. Add up the angles and tell me what their sum is.

      270 you say? How about that. Seems that not all triangles add up to 180.....
      Now go away troll.

    49. Re:Seven years for eight hours work by Locke2005 · · Score: 1

      "Triangles" are obviously defined as existing in a plane, not mapped onto the surface of a sphere. However, you do hint at a valid point: can triangles with angles that don't add up to 180 degrees be derived from non-Euclidean geometry? Any Math majors out there?

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
    50. Re:Seven years for eight hours work by AuMatar · · Score: 3, Interesting

      Some idiot had to be the last man to buy the shares. Whyever they did it, they still held them. On top of that, any broker will let you borrow any shares any of their clients have, so long as there's enough of them in the brokerage to avoid naked shorting rules.

      Also, in some rarely traded stocks they'll help you find someone who will let you borrow them for a fee. That was likely the best way to make money holding SCO in the past few years.

      --
      I still have more fans than freaks. WTF is wrong with you people?
    51. Re:Seven years for eight hours work by Nefarious+Wheel · · Score: 2, Insightful
      I'd be happier if I personally held the wooden stake and watched SCO turn into a cloud of dust.

      Congratulations to all, with special mention of honour to PJ and Groklaw.

      --
      Do not mock my vision of impractical footwear
    52. Re:Seven years for eight hours work by ggambett · · Score: 1

      Read carefully. I said "once you prove". If you *can* *prove* that, the non-existence proof trivially follows. You can obviously prove it starting from euclidean axioms, but you can't prove it with your set of axioms (euclidian minus the uniqueness of parallel lines?), so your comment doesn't apply to what I said. Who's the troll?

    53. Re:Seven years for eight hours work by GasparGMSwordsman · · Score: 2, Informative

      Can you prove "PJ" exists? No? Than shut the fuck up.

      Yes actually. Aside from all of the legal and factual evidence, the many people who have met her and publicly stated so, *I* also have had the pleasure of being introduced to her.

      I would suggest that maybe you should accept your own advice. Though I dare say I would say it with a bit more civility. (Something about, "better to stay silent than speak and remove all doubt," comes to mind...)

    54. Re:Seven years for eight hours work by Waffle+Iron · · Score: 3, Informative

      What about when Novell starts abusing their position?

      They can't, for the same reason that SCO couldn't even if they had owned any copyrights: Both companies have released Linux distributions under the GPL. They have thus conveyed to end users any licenses to any UNIX code in Linux (which, BTW, there isn't any, but that's another story).

      SCO tried to do some handwaving about being unaware of releasing the code under the GPL. Novell couldn't possibly do that.

    55. Re:Seven years for eight hours work by tjones · · Score: 1

      Well, hello there, Ms. O'Gara. So nice to see you again.

    56. Re:Seven years for eight hours work by Anonymous Coward · · Score: 0

      Hey, I'm all for paranoia, but go ahead and complete your thought. What indeed happens if Novell gets nasty? Hypothesize Novell goes 100% hostile: what's the worst possible scenario? Jack shit is what happens, that's what.

    57. Re:Seven years for eight hours work by Anonymous Coward · · Score: 0

      Here's a home test to prove multiple universes - so perhaps from refactoring back from that, there's a way to definitively prove that these people do, or do not, exist.

      // There is no try

      // There is no spoon

      // Any universe this perverse must be an illusion

    58. Re:Seven years for eight hours work by Compuser · · Score: 2, Funny

      No it's FrostyPiss. Oh wait...

    59. Re:Seven years for eight hours work by MightyMartian · · Score: 1

      True, and lab tests show its less absorbent than your favorite brand of paper towel.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    60. Re:Seven years for eight hours work by krismatth3 · · Score: 1

      +1 My new hero

    61. Re:Seven years for eight hours work by networkBoy · · Score: 0, Flamebait

      I hereby resort to ad-hominem attacks:
      you are a purple puke pointed on puce pansies.

      So there!

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    62. Re:Seven years for eight hours work by networkBoy · · Score: 1

      Wait...
      SCO is on the uptick?

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    63. Re:Seven years for eight hours work by wprowe · · Score: 1

      Wow. A market cap of a whopping $2.1M now.

    64. Re:Seven years for eight hours work by Anonymous Coward · · Score: 0

      I much prefer Khaki's to shorts, but why was were their flies open anyway?

    65. Re:Seven years for eight hours work by Sleepy · · Score: 1

      By using an account to spout your useless arrogant and wrong point of view, you actually make your spam EASIER to block. Thanks for that; you're now marked Enemy and hidden from my browsing.

    66. Re:Seven years for eight hours work by spun · · Score: 1

      My reply was actually going to be

      Could you... could you do something for me? A quick little favor? Could you just say, 'And I would have gotten away with it, too, if not for that meddling PJ,' while you take the mask off?"

      but then I thought, fuck that, that's too subtle for this bitch.

      And I'm not using that word to denigrate strong, opinionated women, either. PJs the kind of bitch this bitch wishes he was.

      God damn it, how do you say a guy is a pansy.. no, a pussy... no, a simpering milquetoast... fuck! How do you say it without insulting women or gays?

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    67. Re:Seven years for eight hours work by Anonymous Coward · · Score: 0

      Were there even any shares available for lend? I would have thought that the only people with SCO shares at this point were insiders and why would they loan their shares to short sellers? Even if the shares could be found, who would have wanted to buy them at the previous closing price of $0.46? Who in the technology community hadn't heard of the SCO case or didn't already know that the stock would ultimately be worthless? Maybe they were selling those shares boiler room style to idiots who knew nothing of technology and had never heard of an "internet company" called SCO? I am just wondering who would be dumb enough to take the other side of that short position? Even the insiders couldn't have been that naive; they are all attorneys after all.

    68. Re:Seven years for eight hours work by sumdumass · · Score: 0, Redundant

      Not necessarily true.

      Simply conveying a GPLed product doesn't imply any rights in addition to what was already within the product were conveyed. So if whoever put the code in the product didn't have the legal ability to do so, then SCO or Novell distributing anything wouldn't entrap them into losing their copyright to it or granting others rights to that copyright.

      Let me explain this a little differently. Suppose you spent the last 5 years developing a video game that you intended to sell at a reasonable price. Now suppose I packaged a GPLed OS and combined your video game directly into the code so it was an integral part of the OS's display. Now also suppose I placed a GPL notice on all your code as well as the OS package then asked you to host the files at your website. That act alone does not remove any of your rights to the copyright of your code nor does it give anyone else copyright rights to it. In short, the GPL wouldn't apply to items I didn't not have the right to apply it to regardless of you distributing it unknowingly or not.

      Think about this, could I take a GPLed program or piece of code from it and place that into a BSD or MIT licensed work? Of course not. But suppose I did so and didn't tell anyone, then the original author decides to distribute it as a compilation of programs or something or part of it without knowing his code is in there, he has granted nothing knowingly so it still wouldn't be BSD or MIT licenses code. All he would have done is passed on the permissions he received- not added any without his knowledge.

      This is because I have no right to assign your copyright and the GPL doesn't steal copyright. It only passed rights to copyright on to others assuming they pass those same rights given to them with it. So if I violated your copyright by placing it inside of something, if or when you distribute that, you are only distributing the copyright I gave you permission to redistribute, not automatically losing your rights to your copyrighted work.

    69. Re:Seven years for eight hours work by krazytekn0 · · Score: 1

      Can you prove "PJ" exists? No? Than shut the fuck up.

      It's If...Then not If...Than. *IF you don't know that *THEN you shut the fuck up and get off of this site

      --
      Not all life is cyber. Extra Income
    70. Re:Seven years for eight hours work by Anonymous Coward · · Score: 0

      "Fuck PJ."

      If PJ wants it, she gets it. She deserves it after this.

    71. Re:Seven years for eight hours work by gyrogeerloose · · Score: 1

      God damn it, how do you say a guy is a pansy.. no, a pussy... no, a simpering milquetoast... fuck! How do you say it without insulting women or gays?

      Asshole works for me...

      --
      This ain't rocket surgery.
    72. Re:Seven years for eight hours work by Waffle+Iron · · Score: 3, Informative

      Irrelevant. Novell does own the copyrights on UNIX, so Novell has the right to license those copyrights as it chooses. Any alleged UNIX code in Linux (owned by Novell) was licensed to the world by Novell's own choice under the GPL when it shipped out SUSE disks. It doesn't matter who added the code; Novell is fully aware of what's on the disk.

    73. Re:Seven years for eight hours work by Anonymous Coward · · Score: 0

      Clicking on the profile of SCO from the link you provide...

      The company owns all rights and ownership of the core UNIX operating system source code originally developed by AT&T/Bell Labs. Its ownership includes system source code which includes all versions & copies, SCO OpenServer & substantial copyrights and source code to UnixWare. SCO is the exclusive licensor to UNIX-based system software providers.

      Looks like they'll need to update that page.

    74. Re:Seven years for eight hours work by Anonymous Coward · · Score: 0

      Can you prove "PJ" exists? No? Than shut the fuck up.

      You just proved that you can't spell the word "Then".

    75. Re:Seven years for eight hours work by foxylad · · Score: 1

      Novell has released OpenSuse under the GPL, so cannot sue linux users. Quite apart from the fact that no-one in all the trials so far has actually managed to prove that anyone owns the copyrights to Unix. Proving that SCOG doesn't own them is not the same as proving that Novell does. My theory is that Novell knows this, but doesn't want to publicise it and so tap-danced around the issue in the trial. So I'd say we're pretty much safe on the copyright front. Patents are a different matter, but I'm seeing a lot of similarity between SCOG's "We've got evidence of lots of copyright breaches in Linux but we're not going to tell anyone what they are" and Microsoft's "We've got evidence of lots of patent breaches in Linux but we're not going to tell anyone what they are". I think they'll turn out to be very inconsequential - if they weren't, it would be in Microsoft's interests to reveal all now.

      --
      Do as you would be done to.
    76. Re:Seven years for eight hours work by spun · · Score: 1

      Sure, but asshole doesn't quite convey the fundamental weakness I've seen here. All our bad words for weak, needy, and desperate seem to involve women or gays, which isn't really fair. And this guy is a weak, needy, desperate asshole. Which is too fucking long.

      Do we have any Yiddish speakers here? What's the opposite of mensch? An animal, a desperate, starving animal. That's the kind of word I'm looking for.

      --
      - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
    77. Re:Seven years for eight hours work by sumdumass · · Score: 1, Interesting

      Well, no. Not all programs on a SUSE disk ares GPLed and not all GPLed code is on SUSE disks.

      Further more, there is absolutely nothing indicating that Novel has inspected any code in the kernel or any other part of the SUSE disk pretending to be GPLed but was actually Unix code improperly included. The fact that they distributed something is not enough to take their copyrights away. The GPL does not, let me repeat that, _the_GPL_does_not_steal or trick someone out of their copyrights.

      Now, if Novel was fully away that the code was there and it was their by proxy of being Unix code and then consented to distributing it under the GPL, then yes, the GPL would propagate. But the point is that Novel would have to be aware that A: it was their code and not code belonging to the person who included it and licensed it under the GPL, and B: that their distribution was actually distributing their code under the GPL and not relaying code with the rights given to them.

      In short, unless Novell knows the code it there and consents to it being under the GPL, then it's not under the GPL legally and their unknowing distribution of it doesn't place it there. The only way it can be placed under the GPL is if Novell adds it or consciously makes it so. The GPL does not trick anyone out of their property.

    78. Re:Seven years for eight hours work by Waffle+Iron · · Score: 2, Interesting

      This issue has been brought up in courts by SCO for many years. Novell is fully aware of what's going on. There is no way they could claim ignorance.

      This is especially true since the extent of any alleged infringement has never been extended past some numeric constants in "errno.h". There is no question that parties on all sides of this dispute have pored over that file at length.

    79. Re:Seven years for eight hours work by dudpixel · · Score: 1

      given that the copyrights date back 20-something years or so already (not sure how long Novell has owned them for), one would assume that if they were going to abuse their position, they would have done so before now...

      --
      This seemed like a reasonable sig at the time.
    80. Re:Seven years for eight hours work by RMS+Eats+Toejam · · Score: 0, Flamebait

      One thing is sure, whatever her motives, she's ten times the person a worthless little apologist like you is. Go away you piece of garbage.

      Nah, that isn't a sure thing. That's just the opinion of one arrogant prick. Hardly worth anything outside the FOSS circle jerk of which you proudly consider yourself a member.

      --
      Turning to a Linux advocate for thoughts on Microsoft is like asking Hitler how he felt about the Jews.
    81. Re:Seven years for eight hours work by RMS+Eats+Toejam · · Score: 0, Flamebait

      How dare y.......

      Oh.... wait, I'm sorry. I was going to get upset but then I realized you aren't anyone important.

      --
      Turning to a Linux advocate for thoughts on Microsoft is like asking Hitler how he felt about the Jews.
    82. Re:Seven years for eight hours work by dudpixel · · Score: 1

      Goodbye Darl.

      Please close the door on your way out.

      You have 30 seconds to leave the building...

      --
      This seemed like a reasonable sig at the time.
    83. Re:Seven years for eight hours work by RMS+Eats+Toejam · · Score: 0, Flamebait

      *ding* *ding* *ding*

      Someone finally gets it, but it's pretty lonely in the winner's circle.

      --
      Turning to a Linux advocate for thoughts on Microsoft is like asking Hitler how he felt about the Jews.
    84. Re:Seven years for eight hours work by deniable · · Score: 1

      Oh, you're just being unreasonable.

    85. Re:Seven years for eight hours work by deniable · · Score: 1

      Nah, I think she's anti-SCO these days. She did the hit, but they refused to look after her when it back-fired.

    86. Re:Seven years for eight hours work by rubycodez · · Score: 1

      take your meds, and quit obsessing, Maureen.

    87. Re:Seven years for eight hours work by rubycodez · · Score: 1

      they do have a T-shirt and mug and mouse pad shop; I'm buying the "SCO Sinks" mouse pad

    88. Re:Seven years for eight hours work by sumdumass · · Score: 1, Interesting

      This issue has been brought up in courts by SCO for many years. Novell is fully aware of what's going on. There is no way they could claim ignorance.

      I'm sure that Novell is fully aware of the claims of Unix IP in Linux made by SCO and most likely know what those are too. However, the way they could claim ignorance is if I added Unix code tomorrow or if something wasn't noticed, disclosed or talked about before now or it simply wasn't in the packages they distributed. That's why I initially started with "Not necessarily true" instead of "you are wrong".

      The point is that there has to be a knowing consent component in order for their distribution to be a granting of a license per the GPL. Otherwise, it would be them passing on the license they received.

      This is especially true since the extent of any alleged infringement has never been extended past some numeric constants in "errno.h". There is no question that parties on all sides of this dispute have pored over that file at length.

      And yes, I do know that SCO's claim of Unix IP in Linux was not only shoddy but lacking severely. I'm not questioning that at all. I'm just stating that something could still pop up and bite us because of Unix IP in Linux if it is ever there. Novell's participation in GPL'ed products doesn't automatically imply their consent so each and every time there is a claim, it needs to be looked at carefully.

    89. Re:Seven years for eight hours work by Anonymous Coward · · Score: 0

      And your branch of the DoD uses a system that is powered by SCO Unix, no doubt.

    90. Re:Seven years for eight hours work by cosm · · Score: 1

      If the surface has a 0 directional derivative with the same direction over the entire area of the triangle region you want to extract, then yes, you could derive a triangle from a plane.

      --
      'We are trying to prove ourselves wrong as quickly as possible, because only in that way can we find progress.' RPF
    91. Re:Seven years for eight hours work by Frater+219 · · Score: 2, Interesting

      Really, the only way that SCO was going to recover was with a court victory, and while the probability of that wasn't 0, it was as damn near to it as possible for practical applications.

      There are people who believe things out of spite. Remember when the SCO case got started? There were plenty of folks -- chiefly in the "open-source haters" end of the trade press, but I met a few in industry, too -- who dearly wanted to see the "upstart" Linux smacked down hard.

      It may be hard to believe it now that Linux is everywhere in the industry -- from the datacenter to the cell phone, from the Oracle database server to the displays on the backs of airplane seats -- but just a few years ago, plenty of people would have called you an "open-source zealot" if you said that it was worth using anywhere at all in business. And lots of traditional business people really wanted to see Linux dry up and blow away. Plenty of those people would have put hope, and a few bucks, behind the SCO suit.

    92. Re:Seven years for eight hours work by Anonymous Coward · · Score: 0

      ...if by winner's circle you mean the place where SCO goes after being ruled against by a jury.

    93. Re:Seven years for eight hours work by whit3 · · Score: 1

      "Triangles" are obviously defined as existing in a plane, not mapped onto the surface of a sphere. However, you do hint at a valid point: can triangles with angles that don't add up to 180 degrees be derived from non-Euclidean geometry? Any Math majors out there?

      Recovering ex-math major here; yes, in Lobachevskiian (negative curvature space) geometry, the angle defect (difference from 180 degrees) of a triangle is a measure of its area. Actually, that angle defect IS the area.

      The parallel postulate, for Euclidean geometry, is: in a plane, given a line, and a point not on that line, there is one and only one line through the point which is parallel to the given line. For Lobachevskiian
      space, it ends "...there is more than one line through the point which is parallel to the given line".

    94. Re:Seven years for eight hours work by sconeu · · Score: 1

      Darl has been gone for a while -- the BK court appointed a trustee to run SCOXQ, but the trustee seems to have drunk the Kool-Aid, too.

      --
      General Relativity: Space-time tells matter where to go; Matter tells space-time what shape to be.
    95. Re:Seven years for eight hours work by geminidomino · · Score: 1

      >

      God damn it, how do you say a guy is a pansy.. no, a pussy... no, a simpering milquetoast... fuck! How do you say it without insulting women or gays?

      By drawing on the rich array of fictional languages and/or slang of which any proper geek should have knowledge of a considerable subset.

      I submit:

      • p'taQ
      • smeghead
      • nadorhuan
      • Utinu en lokirim
      • elf-kissing snotling-fondler
      • Not burdened with an overabundance of schooling

      Etc...

    96. Re:Seven years for eight hours work by jmorris42 · · Score: 1

      > There's actual volume. Who the hell is *buying* it?

      It drops a little more and I might buy some. This fight isn't even close to over and the only risk factor is they might jetison the lawsuit to another corporate entity and let SCOX liquidate. They will keep suing and suing, appealing and pulling dirty tricks to keep the game going until Microsoft tells them to quit or the Sun goes out.

      Then sometime in the next year or so Novell will get bought by what looks like a disinterested party but will actually be a Microsoft sock puppet and a things will blow up again. It is their only hope and if anyone expects Balmer to just gracefully wind down a corp the size of Microsoft ye be insane. So dirty fighting it will be.

      --
      Democrat delenda est
    97. Re:Seven years for eight hours work by beav007 · · Score: 1

      Lots of Linux nerds wanting a shareholder certificate to burn?

      Here's a grab I took on August 14 (our time), 2007 of what happened to SCOX for posterity. This was the 70% in SCO share prices following the decision that Novell owns the Unix copyrights.

    98. Re:Seven years for eight hours work by dudpixel · · Score: 1

      yeah that Kool-Aid must've been quite something. Maybe they should go into selling that stuff...might've made them profitable and all.

      --
      This seemed like a reasonable sig at the time.
    99. Re:Seven years for eight hours work by zonker · · Score: 0

      Well someone wants to get in on cheap office furniture. That stuff's expensive!

    100. Re:Seven years for eight hours work by Simon+Brooke · · Score: 1

      "Triangles" are obviously defined as existing in a plane,

      No, they're not. 400 years of terrestrial navigation have been based on spherical geometry, including, specifically and explicitly, triangles. Go and learn some basic maths.

      --
      I'm old enough to remember when discussions on Slashdot were well informed.
    101. Re:Seven years for eight hours work by xous · · Score: 1

      After seven fucking years of legal fees wouldn't it have been cheaper for Novell to just to buy SCO and fire the damned CEO?

    102. Re:Seven years for eight hours work by junjie_1024 · · Score: 0, Offtopic

      Here are good news for fashion Chanel handbagslovers! There are countless Chanel handbags New arrivals, including Chanel leather handbags, Chanle flap handbags, Chanel Flap Bag, Chanel Shoulder Bag, Chanel Coco Cabas Shoulder Handbags, Chanel Cambon Bag Black, Chanel Line Tote Handbags and Chanel Wallet, etc. Fashion Chanle wallets, especially black Chanel wallet, can make you more sexier. You can find Chanel bags sale online.

    103. Re:Seven years for eight hours work by julesh · · Score: 1

      There's actual volume. Who the hell is *buying* it?

      Technical traders. Looking at the historic price chart, there's long term support between the 10c and 20c/share levels. It was overvalued at 50c, and should have fallen anyway even without this bad news. If you really and truly believe in technical analysis, you'd be buying right now.

    104. Re:Seven years for eight hours work by JosKarith · · Score: 1

      Only if all the lines are straight. Once you figure in the potential of the curvature of spacetime then triangles with angles adding up to any total you like become possible.
      If a solution seems so simple, it may well be that you haven't figured in all the complexities that exist.

      --
      'Don't worry' said the trees when they saw the axe coming, 'The handle is one of us.'
    105. Re:Seven years for eight hours work by argent · · Score: 1

      You're more optimistic about Linux on the desktop than I am.

      Now if Apple were to release a portable version of OS X, they'd be in trouble. But after the last time they tried that they'll have to drink a lot more blood to give it another shot.

    106. Re:Seven years for eight hours work by richlv · · Score: 1
      --
      Rich
    107. Re:Seven years for eight hours work by ais523 · · Score: 1

      Yes, they can. In fact, in elliptic geometry (Euclidean - parallel postulate + assumption that parallel lines don't exist), all non-degenerate triangles have angles adding up to more than 180 degrees (depending on their area); in hyperbolic geometry (Euclidean - parallel postulate + assumption that two lines parallel to a third can cross each other), all non-degenerate triangles have angles adding up to less than 180 degrees. You need the parallel postulate (the one that makes Euclidean geometry Euclidean rather than just geometry) in order to prove that triangles have angles adding up to 180 degrees.

      --
      (1)DOCOMEFROM!2~.2'~#1WHILE:1<-"'?.1$.2'~'"':1/.1$.2'~#0"$#65535'"$"'"'&.1$.2'~'#0$#65535'"$#0'~#32767$#1"
    108. Re:Seven years for eight hours work by ais523 · · Score: 1

      SCOXQ shares are tracked paperlessly nowadays. It's tempting to say it's because they aren't worth the paper they used to be written on, but it's more likely due to an initiative by the stock exchange they were listed on to make all shares paperless.

      --
      (1)DOCOMEFROM!2~.2'~#1WHILE:1<-"'?.1$.2'~'"':1/.1$.2'~#0"$#65535'"$"'"'&.1$.2'~'#0$#65535'"$#0'~#32767$#1"
    109. Re:Seven years for eight hours work by ggambett · · Score: 1

      Argh. My example with triangles was just that, an example. I was talking about "the nature of proof" and the impossibility to prove something doesn't exist suggested by the parent post. What I said can be expressed as "once you prove P(X) is true for all X, you can trivially prove that an X for which P(X) is false doesn't exist". Let me repeat that : ONCE YOU PROVE. I wasn't discussing whether or not you CAN prove it, or under what conditions you can prove it (I obviously assumed euclidean axioms), for my example that proof is part of the hypothesis. My example with triangles (which is valid, BTW, because by saying "once you prove" I automatically implied a set of axioms where you *can* prove it) was supposed to make my point easier to understand by lowering the abstraction level at which I was expressing it, but looks like no matter how low the abstraction level goes, some people go to great lengths to NOT understand it :(

    110. Re:Seven years for eight hours work by RobertLTux · · Score: 1

      I think the last time somebody got close enough to "prove" Pamela Jones exists the US Marshalls got involved.

      As a legal entity PJ does exist (and has been proven to not be controlled by IBM Novell or any other company).

      --
      Any person using FTFY or editing my postings agrees to a US$50.00 charge
    111. Re:Seven years for eight hours work by jizziknight · · Score: 1

      Welcome to arguing with people who argue simply for the sake of the argument. What you say could be 100% true and infallible, but they will always come up with some ridiculous scenario that makes you wrong, usually involving quantum physics, space/time continuum, parallel universes, or completely contradictory statements to your point. You will never be right, no matter how hard you try. There's always a "but, if...". Good luck.

      --
      Everything I say is a lie. Except that... and that... and that, and that, and that, and that... and that.
    112. Re:Seven years for eight hours work by Anonymous Coward · · Score: 0

      *I* also have had the pleasure of being introduced to her.

      Is she hot?

    113. Re:Seven years for eight hours work by Muad'Dave · · Score: 1

      Nomad, is that you? Did you ever find Roykirk?

      --
      Tiller's Rule: Never use a word in written form that you've only heard and never read. You will end up looking foolish.
    114. Re:Seven years for eight hours work by NickFortune · · Score: 1

      I said "once you prove". If you *can* *prove* that, the non-existence proof trivially follows.

      I do believe they call that "begging the question".

      Proving that "For all X that exist, A is true" is logically the same thing as proving that "No X exists for which A is not true".

      You haven't demonstrated anything with your triangles. All you've done is shifted the hard work to one of your starting assumptions, and then said Q.E.D.

      --
      Don't let THEM immanentize the Eschaton!
    115. Re:Seven years for eight hours work by sabt-pestnu · · Score: 1

      Based on the GGP troll, perhaps the name you are looking for is Maureen O'Gara?

    116. Re:Seven years for eight hours work by Anonymous Coward · · Score: 0

      Fuck Darl. He's a publicity whore no better than Ballmer. Shameless publicity whore. He profited in a grand way from this too-doo. Point. Of. Fact.

      Reasonable people understand that Darl works for Microsoft. Reasonable people understand that there is no "SCO", that Microsoft spun up a name and went to town.

      Gee, this is fun! Do you want to go again?

    117. Re:Seven years for eight hours work by petermgreen · · Score: 1

      Maybe and you could probablly say the same for IBM but if they do that they set themselves up for lots of dubious lawsuits aiming for a quick buck.

      OTOH if they build a reputation for crushing those who file dubious lawsuits against you hopefully the next one will decide it's not such a good idea after all.

      --
      note: i'm known as plugwash most places but i screwd up registering that here somehow in the past and now can't register
    118. Re:Seven years for eight hours work by yuri+benjamin · · Score: 1

      Schmuck. Putz. Schlemiel. I don't know any real yiddish, just a few perjoratives. How about a steaming pile of drek?

      --
      You make the mistake of thinking you can educate the fundamental stupidity out of people. You can't.
  2. Horray! by armanox · · Score: 1

    It's about time to hear a verdict on this one?

    --
    I'm starting to think GNU is the problem with "GNU/Linux" these days.
    1. Re:Horray! by coastwalker · · Score: 3, Insightful

      All that we can be sure of is that several million dollars of Microsoft money will be going to a few private individuals for the fantastic work they have done in destroying the reputation of the open source concept.Ask any drone in a large company, Open Source is bad news because there are law suits against it. I expect that they can get pretty well paid jobs with Scientology next.

      --
      Facts are history now plebs have politics for religion on social media.
    2. Re:Horray! by NickFortune · · Score: 3, Insightful

      All that we can be sure of is that several million dollars of Microsoft money will be going to a few private individuals for the fantastic work they have done in destroying the reputation of the open source concept

      Waste of money if they do. All this has achieved is to clearly establish that SCO has no claims against Linux users. Well, that's not entirely true; it's also given rise to Groklaw and generally raised awareness of legal matters in the Free Software community. But maybe you're right. Maybe this is the best they could hope to achieve...

      Ask any drone in a large company, Open Source is bad news because there are law suits against it.

      Which is why those misty-eyed dreamers at the London Stock Exchange recently dumped Windows for Linux. But what do they know about the realities of modern business?

      --
      Don't let THEM immanentize the Eschaton!
    3. Re:Horray! by fwarren · · Score: 3, Insightful

      Which is why those misty-eyed dreamers at the London Stock Exchange recently dumped Windows for Linux. But what do they know about the realities of modern business?

      They know not to trust their data to a system built with Microsoft Technology. Even if the "stellar minds from Microsoft" come and help fine tune it.

      --
      vi + /etc over regedit any day of the week.
    4. Re:Horray! by Dystopian+Rebel · · Score: 1

      It's about time to hear a verdict on this one?

      I can't believe the waste. This trial never would have happened if the US court system had consulted Slashdot!

      --
      Rich And Stupid is not so bad as Working For Rich And Stupid.
    5. Re:Horray! by Scrameustache · · Score: 1

      It's about time to hear a verdict on this one?

      No! First they closed production on Duke Nukem Forever, now the SCO trial is over? What's next, the moon will vanish? I'm scared...

      --

      You can't take the sky from me...

    6. Re:Horray! by Michael+Woodhams · · Score: 1

      The ultimate nightmare would have been if the Church of Scientology had bought SCO early on in the proceedings. The Maureen O'Gara 'unmasking' of PJ is nothing to what she'd have been subjected to if that had happened.

      --
      Quattuor res in hoc mundo sanctae sunt: libri, liberi, libertas et liberalitas.
    7. Re:Horray! by rgviza · · Score: 1

      >Ask any drone in a large company, Open Source is bad news because there are law suits against it.
      There are lawsuits against every mega-tech company too.

      IBM http://itknowledgeexchange.techtarget.com/mainframe-blog/ibm-faces-another-anti-trust-lawsuit-in-europe-over-mainframe-practices/

      Microsoft http://news.cnet.com/8301-10805_3-20000597-75.html

      Oracle http://www.nasdaq.com/aspx/stock-market-news-story.aspx?storyid=201003291158dowjonesdjonline000278&title=rimini-street-files-countersuit-against-oracle

      Lawsuits are practically a standard expense for most of these companies.

      --
      Don't kid yourself. It's the size of the regexp AND how you use it that counts.
  3. Glad its Novell by Dayofswords · · Score: 1

    SCO is a jerk...

    --
    Someday we'll hit the human carrying capacity. And the band will just play on.
  4. Novell Wins by Prien715 · · Score: 2, Insightful

    Novell wins...fatality!

    Hopefully they'll finally die. But surely they'll be back in a George Romero movie.

    --
    -- Political fascism requires a Fuhrer.
    1. Re:Novell Wins by jd · · Score: 1

      SCO will survive for as long as Hollywood scriptwriters need material for zombie and vampire movies. Besides, you need holy water to kill the undead. In this case, I suggest filling a tanker with the stuff and using a water cannon.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    2. Re:Novell Wins by Peter+Trepan · · Score: 2, Funny

      Novell wins...fatality!

      Quick, do the spine thingy! - Forward, Down, Forward, Low Punch

      --

      Step into a huge movement. Don't Tread In Me.

    3. Re:Novell Wins by Bigjeff5 · · Score: 1

      Baby fatality is creepier.

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    4. Re:Novell Wins by Anonymous Coward · · Score: 0

      Darl. A bathtub of Holy Water. A board. Jack Bauer. I`m against torture but I have to admit, it`s tempting.

    5. Re:Novell Wins by jd · · Score: 1

      Is it technically torture if the creature is one of the living dead or from some other demonic plane of existence?

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    6. Re:Novell Wins by Nero+Nimbus · · Score: 1

      FLAWLESS VICTORY

    7. Re:Novell Wins by geminidomino · · Score: 1

      Is it technically torture if the creature is one of the living dead or from some other demonic plane of existence?

      You mean Darl or Bauer? I'm so confused...

  5. More Than McBride by Frosty+Piss · · Score: 3, Insightful

    Remember, It's not *just* Darl McBride, it's also the people that allowed him to do this. That includes the rest of the board and the stockholder of SCO. McBride might be the public figure-head, but he didn't do it on his own.

    --
    If you want news from today, you have to come back tomorrow.
    1. Re:More Than McBride by phantomfive · · Score: 5, Insightful

      Aaaaand we shouldn't forget the other interested parties. Who knows why Microsoft would fund a litigious shell of a company, but those who forget it are likely to suffer if they start trusting Microsoft too much.

      --
      Qxe4
    2. Re:More Than McBride by nurb432 · · Score: 1

      That's part of the price of being the main guy.. When things are up you shine and are on covers of magazines, when they aren't, you get the blame.

      --
      ---- Booth was a patriot ----
    3. Re:More Than McBride by HermMunster · · Score: 1

      I believe Darly McBride hired his brother's lawfirm to handle this. I believe that is a means to funnel the company monetary assets out of SCO to the family. That's the way it seems to me.

      --
      You can lead a man with reason but you can't make him think.
    4. Re:More Than McBride by phantomfive · · Score: 5, Informative
      lol yes, in fact, and not only that, I read the whole thing. A very useful comprehension trick I picked up somewhere (not here). Specifically I read this sentence:

      In addition to the Baystar involvement, Microsoft paid SCO $6M (USD) in May 2003 for a license to "Unix and Unix-related patents", despite the lack of Unix-related patents owned by SCO

      Now, go away you Microsoft apologist.

      --
      Qxe4
    5. Re:More Than McBride by init-five · · Score: 1

      and don't forget the 'softies too. who was funding the darlarama all this time?

      --
      Hallowed are the Ori
    6. Re:More Than McBride by Antique+Geekmeister · · Score: 1

      And notice precisely how much Microsoft funded them: enough to continue the lawsuits, but not enough to actually allow them to continue development with what had been a fairly robust version of UNIX and some interesting SMP features.

    7. Re:More Than McBride by Anonymous Coward · · Score: 0

      Miguel, is that you?

    8. Re:More Than McBride by techno-vampire · · Score: 1

      Another way of looking at it is that Microsoft gave SCO enough money that they could either continue the lawsuits or development, but not both and SCO itself decided to bet everything on the litigation.

      --
      Good, inexpensive web hosting
  6. Doubt it by Arimus · · Score: 4, Informative

    No doubt this is the last we will ever hear of any of this.

    Unless someone finds a way to remove Darl's vocal cords we'll have not heard the last of this by any stretch of the imagination...

    We're doomed to hear SCO's moanings until DNF is released.

    --
    --- Users are like bacteria -> Each one causing a thousand tiny crises until the host finally gives up and dies.
    1. Re:Doubt it by Abalamahalamatandra · · Score: 5, Insightful

      "finds a way to remove Darl's vocal cords"?

      There are several ways to do that which are quite well known. It's a testament to our community that no-one has implemented any.

    2. Re:Doubt it by HermMunster · · Score: 1

      Darl no longer works for SCO from what I understand. He was removed some time ago. Though he doesn't, I believe he has (or tried to) purchase(d) some assets of SCO for a ridiculously low sum of money, like in the $30,000 range.

      --
      You can lead a man with reason but you can't make him think.
    3. Re:Doubt it by jd · · Score: 2, Funny

      You're assuming said vocal chords are in the physical plane of existence. I see no evidence to support this theory. Darl is clearly a Greater Demon from the ninth plane of hell.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    4. Re:Doubt it by MightyMartian · · Score: 1

      Which, I'm assuming, he divested himself of in the recent past.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    5. Re:Doubt it by NickFortune · · Score: 2, Funny

      Darl is clearly a Greater Demon from the ninth plane of hell.

      Oh come ON! That's giving him way too much credit.

      After all this, he'll be lucky to find employment as a bad smell pixie in the Dimension of Dirty Laundry.

      --
      Don't let THEM immanentize the Eschaton!
    6. Re:Doubt it by celtic_hackr · · Score: 1

      Unless someone finds a way to remove Yarro's vocal cords we'll have not heard the last of this by any stretch of the imagination...

      We're doomed to hear SCO's moanings until DNF is released.

      There fixed that for ya. Darl is out. He boguht a pice at firesale prices and laffed it up. Novell may have the last laugh though. With a little bit of law referred to as the Lanham Act.

    7. Re:Doubt it by jd · · Score: 2, Interesting

      He's ruined the credibility of a geek lawyer firm, he's possibly bankrupted the financiers of both sides, he's crippled the firms that ponied up the Linux license fee, he's turned many IT managers insane and/or paranoid delusional, and he's ruined the credibility of some sectors of the IT press.

      Doesn't matter that he lost the case, the collateral damage is stupendous. If you assume he had demonic intent, rather than merely evil intent, this is the perfect outcome.

      Winning might actually have been less demonic, as it would have meant he could pay people back. As it stands, there's not a chance in hell he'll even be able to pay the court costs, never mind anyone else. Thus, enormous sums of money have simply vanished, to all intents and purposes.

      This means those companies involved in the case have suffered Seven years of famine. Literally, a disaster of Biblical proportions.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    8. Re:Doubt it by NickFortune · · Score: 2, Insightful

      I still think you're giving him way too much credit. Microsoft found a greedy, overambitious nitwit, dumped a ton of cash on him, and hooked him up with (at the time) the best lawyers money could buy.

      There's nothing admirable about McBride, but let's not go giving him super powers

      --
      Don't let THEM immanentize the Eschaton!
    9. Re:Doubt it by selven · · Score: 1

      Jack Thompson seems to be fairly quiet after he got disbarred. Darl isn't a lawyer so maybe we can just put him in prison for a while.

    10. Re:Doubt it by Anonymous Coward · · Score: 0

      There are well known rituals for handling that. Regrettably, none of them worked on Darl. Sadly, he can't be a denizen of the lower planes. We, as humans, have to accept responsibility for one of our own.

    11. Re:Doubt it by Khyber · · Score: 1

      "He's ruined the credibility of a geek lawyer firm,"

      The firm did that all by themselves the second they took on this bullshit case. Fuck them for trying to go after dollar signs instead of real justice.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    12. Re:Doubt it by deniable · · Score: 1

      As we've seen with all the work killing zombies, you've got to knock out the control nodes.

    13. Re:Doubt it by geminidomino · · Score: 1

      Jack Thompson...

      You're the kind of guy who says "candyman" into the mirror just to be an asshole, aren't you?

    14. Re:Doubt it by julesh · · Score: 4, Funny

      You're arguing over nothing. GP asserts Darl works for the antichrist. You assert he was working for Microsoft. You say tomato, I say tomato.

    15. Re:Doubt it by NickFortune · · Score: 1

      If you put it in those terms, I'm not really arguing about who employs him. I'm just quibbling over his job description.

      --
      Don't let THEM immanentize the Eschaton!
  7. Novel by Anonymous Coward · · Score: 5, Interesting

    Hurray! Just in time for Novell to be bought out by Microsoft.

    1. Re:Novel by Abalamahalamatandra · · Score: 1

      Not bloody likely, unless all the interest in Unix goes to someone else they don't own... And what other reason is there to do anything with Novell other than grind them in the dust?

      What part of "convicted monopolist" is hard to understand?

    2. Re:Novel by John+Hasler · · Score: 0

      > What part of "convicted monopolist" is hard to understand?

      There is the fact that being a monopolist is not a crime, to start with...

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    3. Re:Novel by jimwelch · · Score: 1

      The technical term is "Misuse of Monopoly", that is a crime.

      --
      Never trust a man wearing a coat and tie!
    4. Re:Novel by Anonymous Coward · · Score: 1, Interesting

      Novell just turned down a 2 billion dollar offer. Obviously they value the UNIX copyrights much higher. Now it just needs to find a buyer with more then 2 billion dollars in pocket.

    5. Re:Novel by gravis777 · · Score: 1

      But, if Novel now owns Unix, Microsoft can't buy out Novel - because this would mean that Microsoft not only has control over Unix, but everything that can be branded as Unix, such as OSX. Wouldn't this create a monopolistic entity? Just thinking out loud.

    6. Re:Novel by Anonymous Coward · · Score: 0

      No, the unix trademark is controlled by another group, not novel. novel only has copyright on the code base. and most of the companies that still use unix as a base for their own work, like IBM's AIX, have licenses that can not be terminated. And OSX is based on BSD, which is completely unentangled from Unix.

    7. Re:Novel by belmolis · · Score: 2, Informative

      No, the "brand" is the Unix trademark, which is owned by The Open Group, not by Novel or SCO. What Novel owns are the copyrights to the original Unix code.

  8. Winning in this case... by weinrich · · Score: 5, Interesting

    ...is like declaring victory because you're the last person to hit the ground in the plane crash. How much has this cost Novell and IBM in real $$'s? With SCO bankrupt how can either expect to recoup any of the 7 years of court costs?

    --
    Error: .sig not found, using /etc/passwd instead
    1. Re:Winning in this case... by Anonymous Coward · · Score: 0

      The lawyers won. The longer this dragged on, the more they get paid. Simple really. Us developers are clearly in the wrong business.

    2. Re:Winning in this case... by durdur · · Score: 3, Insightful

      IBM almost certainly doesn't care about the cost, which isn't even a day's worth of revenue for them. They have filed counter-claims against SCO, and in theory could win damages, but since SCO has few assets and many creditors, they won't get paid. In a fairer world, SCO would have had to answer for its baseless campaign against Linux users much earlier. But they didn't - they got to put the victims of this campaign on the defensive, first.

    3. Re:Winning in this case... by Anonymous Coward · · Score: 1

      IBM and Novell may not win anything tangible from this, but in the future, any would-be SCOs now know something they didn't know before: even if it is technically cheaper to play ball with an extortionist, neither IBM nor Novell will do this. They will take the time and effort to crush you, repeatedly, until you stop.

      Then again, as far as I know, nobody responsible for this SCO fiasco was ever charged with fraud. So the less for would-be SCOs might be that you can do whatever you like and you'll never face justice.

      Unless that's the next step in this drama, of course.

    4. Re:Winning in this case... by doug · · Score: 3, Informative

      That is true for some of the lawyers, but David Boies's company took a one time fee up front and that is all that they get. They bet that SCO would win early (basically IBM caving in) and lost that bet.

    5. Re:Winning in this case... by Volante3192 · · Score: 3, Insightful

      Yep: even if it is technically cheaper to play ball with an extortionist, neither IBM nor Novell will do this.

      Open the doors to one, and you'll have others knocking on the door. Pound that first one into a fine powder, the survival instinct of the others will kick in.

    6. Re:Winning in this case... by Angst+Badger · · Score: 5, Funny

      That's a valid question with respect to Novell, but asking how IBM can afford seven years of court costs is a bit like asking whether Sauron can stay up all night.

      --
      Proud member of the Weirdo-American community.
    7. Re:Winning in this case... by Trailer+Trash · · Score: 1

      Novell has a couple billion in cash, so a suit like this is nothing to it. SCO, on the other hand, is beyond bankrupt at this point so a bill for $10 isn't going to be paid.

    8. Re:Winning in this case... by Locke2005 · · Score: 1

      ...asking how IBM can afford seven years of court costs is a bit like asking whether Sauron can stay up all night. According to Sauron's wife, yes, yes he can!

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
    9. Re:Winning in this case... by NotBornYesterday · · Score: 1

      Unless, like McBride and the lawyers, "the others" form a business model of privately profiting from running a company into the ground, in which case they win either way.

      --
      I prefer rogues to imbeciles because they sometimes take a rest.
    10. Re:Winning in this case... by falconwolf · · Score: 2, Informative

      ...is like declaring victory because you're the last person to hit the ground in the plane crash. How much has this cost Novell and IBM in real $$'s? With SCO bankrupt how can either expect to recoup any of the 7 years of court costs?

      Novell's win against SCO ends that lawsuit but it doesn't end the SCO v IBM suit. The "Salt Lake Tribune" article has this little tidbit:

      "Former U.S. District Judge Edward Cahn, the trustee for SCO's bankruptcy filed in Delaware, said the company is "deeply disappointed" in the jury's verdict in the dispute over which company owned the copyrights to Unix, which is widely used in business computing.

      "But Cahn said SCO intends to continue its lawsuit against IBM, in which the computer giant is accused of using Unix code to make the Linux operating system a viable competitor, causing a decline in SCO's revenues."

      Exactly what claim SCO can make I have no idea, but it took Novell more than 6 years to prevail over SCO and I have no illusion SCO will die a quick death.

      Falcon

    11. Re:Winning in this case... by slimjim8094 · · Score: 1

      Or if they can spring for a cup of Starbucks a few times a year.

      With all seriousness, their marginal cost from this trial is probably $0. IBM surely has a bunch of lawyers on staff - they're paying them a salary, why not put them in a courtroom and make them tear the balls off SCO?

      --
      I have developed a truly marvelous proof of this comment, which this signature is too narrow to contain.
    12. Re:Winning in this case... by PPH · · Score: 1

      but since SCO has few assets and many creditors, they won't get paid.

      Unless those creditors can demonstrate that SCO acted on behalf of certain shareholders in a manner intended to insulate them from legal liability should the case be lost. It might be possible to pierce the corporate veil and go after SCO's owners.

      --
      Have gnu, will travel.
    13. Re:Winning in this case... by MMC+Monster · · Score: 2, Insightful

      First of all, it's practice for the next time.

      Second of all, it's a warning to all others, so there won't be a next time.

      --
      Help! I'm a slashdot refugee.
    14. Re:Winning in this case... by drdrgivemethenews · · Score: 1

      I disagree; the amounts are almost beneath notice. These big companies know that while legal actions are important, you make all your real money by SELLING PRODUCTS. The factor is going on 1000 to 1--a trillion dollar industry will have around a billion dollars available for attack by lawyers.

    15. Re:Winning in this case... by Christoph · · Score: 1

      There's the court costs and disbursements (which are awarded as a matter of course), and the much larger expense, attorney fees, which are only awarded upon motion by a party. Attorney fees are not usually recoverable. But either way, if the other party is broke, you're right -- you can't recover.

      One possible option is to bring a claim against SCO's attorneys for malicious prosecution. Such suits are difficult to win if they can argue any reasonable attorney would have considered the claim to have merit.

      I'm 10 months into exactly such a suit (Gregerson v. Boris Parker, Bassford Remele, et. al.) against two attorneys and three firms. It also involves copyright; after I produced a certificate of copyright registration (and abundant other proof) they continued to sue me for two years based on a denial of my copyright.

    16. Re:Winning in this case... by aztektum · · Score: 1

      In a fairer world, this wouldn't have been SCO, a corporate entity run by untouchable, soulless trolls. No rather, IBM, Novell, etc would be able to go after Darl and the other hucksters for their frivolous bullshit.

      Unfortunately, C*O's are treated like untouchable, OMG society would cease to exist w/o them Gods and protected from behaving like complete fuck ups and for this kind of behavior.

      --
      :: aztek ::
      No sig for you!!
    17. Re:Winning in this case... by tcgroat · · Score: 4, Insightful

      For IBM this isn't about winning a settlement. It's about making a public stand: you won't get Big Blue to back down by filing a flimsy lawsuit, and IBM will indemnify and defend their users against such claims even at great expense to themselves. Both IBM's customers and their would-be antagonists will remember this case for a long time to come.

    18. Re:Winning in this case... by Michael+Woodhams · · Score: 1

      They can point to SCO and say 'Look what happened to the last company that tried to sue us on flimsy grounds in the hope we'd pay something to make them go away rather than fight it out in court.'

      This mostly applies to IBM, who had options (early settlement or buying SCO) to avoid the case which Novell did not, and also more benefit to having SCO's head impaled on a spike on their battlements, as they're a bigger target to opportunistic lawsuits than Novell is.

      --
      Quattuor res in hoc mundo sanctae sunt: libri, liberi, libertas et liberalitas.
    19. Re:Winning in this case... by drinkypoo · · Score: 1

      For IBM this isn't about winning a settlement. It's about making a public stand: you won't get Big Blue to back down by filing a flimsy lawsuit, and IBM will indemnify and defend their users against such claims even at great expense to themselves. Both IBM's customers and their would-be antagonists will remember this case for a long time to come.

      The problem is that the actual antagonist was Microsoft — have we forgotten where SCO's pre-lawsuit cash infusion came from? As such, this attack has scored against IBM immensely. The RoI is astounding. Yes, IBM's antagonists will long remember this lesson.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    20. Re:Winning in this case... by sabt-pestnu · · Score: 1

      ...is like declaring victory because you're the last person to hit the ground in the plane crash.

      Been there, done that. And here, too, the players can re-shuffle the cards and deal them out again. SCO may be bankrupt (chapter 11), but they're not yet liquidated (chapter 7). The US Trustee has even stated that there is more litigation to follow. Whether he just means the IBM case, the SUSE arbitration, the Red Hat counterclaims et al, or whether he means an appeal of the jury trial, was not said.

    21. Re:Winning in this case... by Anonymous Coward · · Score: 0

      The Nazghul are paid whether they work or not. This actually got IBM value for the money they pay them. Now to have a nice finally of the Nazghul ripping the souls out of the horses asses, and dragging them off to the furnaces of IBM to be turned into something useful.. Like a new version of OS/2.

  9. What? by Anonymous Coward · · Score: 5, Insightful

    "It's taken 7 years, but the US court system has eventually done the right thing..."

    This. Is a contradiction. Justice delayed is justice denied. Always.

    1. Re:What? by berashith · · Score: 4, Funny

      No Shatner, it is not a contradiction; it is a sentence fragment.

    2. Re:What? by jd · · Score: 1

      To boldly. Fragment. What no man. Has fragmented before.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    3. Re:What? by goffster · · Score: 1

      This is civil law. There is no justice in civil law, only monetary redistribution.

    4. Re:What? by idontgno · · Score: 1

      Dammit, Jim, I'm a doctor, not an English teacher!

      --
      Welcome to the Panopticon. Used to be a prison, now it's your home.
    5. Re:What? by cgenman · · Score: 1

      That's easy to say when your justice has been delayed. When your justice has actually been denied, a little delay looks really good.

    6. Re:What? by jd · · Score: 1

      It's artificial Life, Jim, but not as we know it.

      --
      It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    7. Re:What? by Bigjeff5 · · Score: 1

      The Shat was a lot smoother than that anyway, he just used way too many commas in his speech.

      To, boldly fragment, what, no man, has, fragmented before. That's more his style, and it isn't incorrect. It's just strange.

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    8. Re:What? by Swampash · · Score: 1

      "the US court system has eventually done the right thing..." In the same way that someone brutally sodomizing you does the right thing. When they, you know, pull out.

    9. Re:What? by MidnightBrewer · · Score: 1

      Too. Many periods. And truisms are always wrong. How soon does justice have to be served to make the deadline? Seven days? Seven months? Seven years is incredible for a case that was patently (har har) ridiculous, but it's over with and the bad guys lost. This is a Good Thing (tm).

      --
      "Give a man fire, and he'll be warm for a day; set a man on fire, and he'll be warm for the rest of his life
  10. Not completely over by awkScooby · · Score: 3, Informative

    The jury part of the trial is over, but there are still some issues that are to be decided by the judge. The big one is SCO's claim of "specific performance." Their argument is that if the copyrights didn't transfer (which the jury just said they didnt), that APA2 is a promise to transfer them, so Novell should be forced to transfer them now. If the judge rules against SCO, it's over, barring an appeal that SCO can't afford.

    1. Re:Not completely over by ravenspear · · Score: 1

      that SCO can't afford

      Don't be so sure. If there's one thing SCO might actually hold a patent on, it would be increasingly complicated ways to avoid death.

    2. Re:Not completely over by mapsjanhere · · Score: 2, Insightful

      All appeals are paid for, SCO can sue until the SCOTUS tells them to get lost. Even if the bankruptcy court now moves them to chapter 7, some mystery buyer can still pay $1 for the rights to the lawsuit, and pursue it as successor in interest. The fat lady is hoarse from all the singing she's done in this case.

      --
      I'm aging rapidly, I bought a new game and had no idea if my machine was good for it.
    3. Re:Not completely over by ImprovOmega · · Score: 2, Interesting

      The interesting part about that is that Darl himself stated that they didn't need the copyrights. It's quoted in the Groklaw report on his testimony. Basically, they got all the same rights as HP (HP-UX), IBM (AIX), and others who rolled their own Unix. They didn't need the copyrights and proving that should be trivial at this point.

    4. Re:Not completely over by falconwolf · · Score: 2, Interesting

      The interesting part about that is that Darl himself stated that they didn't need the copyrights. It's quoted in the Groklaw report on his testimony. Basically, they got all the same rights as HP (HP-UX), IBM (AIX), and others who rolled their own Unix. They didn't need the copyrights and proving that should be trivial at this point.

      The problem with this is that if SCO can roll up their own Unix, so can everyone else. If SCO can so can IBM so SCO loses.

      I agree it's not over though, SCO will be around for some tyme to come.

      Falcon

  11. Good by seanellis · · Score: 1

    It will be very difficult for SCO to spin this one in a positive direction. Darl McBride isn't at SCO any more, which is a shame. It would have been good to see him go down with the ship.

    Roll on the IBM case.

  12. In depth coverage on Groklaw by Palestrina · · Score: 1

    The coverage of record on this story, from the beginning, through the dark days and the brighter days, and on until the very end, has been Groklaw. I highly recommend taking a look there for more commentary.

    1. Re:In depth coverage on Groklaw by reybrujo · · Score: 1

      Use this Coral Cache link if you are also having problems connecting there like me.

  13. Organ sale? by Overzeetop · · Score: 3, Funny

    I mean, their livers are probably shot, but I have to believe that there are other organs worth harvesting from the board of directors and the legal firm representing them.

    --
    Is it just my observation, or are there way too many stupid people in the world?
    1. Re:Organ sale? by rubycodez · · Score: 5, Funny

      yes, the brains should be quite valuable, never having been used

    2. Re:Organ sale? by Kozar_The_Malignant · · Score: 1

      yes, the brains should be quite valuable, never having been used

      No, no. In true zombie fashion, Darl would have eaten them long ago.

      --
      Some mornings it's hardly worth chewing through the restraints to get out of bed.
    3. Re:Organ sale? by whisper_jeff · · Score: 4, Interesting

      I realize you were making a joke (and a funny one at that) but, let's be serious - the people behind thing (Darl first and foremost among them) made TONS of money off of this. To imply that he (and his ilk) are stupid is missing the point. Just because he ran his business into the ground doesn't mean that he's run his own finances into the ground. Who cares about the success or failure of a company when you're sipping champagne on your yacht?

    4. Re:Organ sale? by maugle · · Score: 2, Interesting

      You will, when the former employees and stockholders of the company you ran into the ground forcibly board your yacht and perform an impromptu keel-hauling.

    5. Re:Organ sale? by Anonymous Coward · · Score: 0

      Which, ironically, is illegal, compared to what Darl/SCO has done.

    6. Re:Organ sale? by falconwolf · · Score: 2, Informative

      Who cares about the success or failure of a company when you're sipping champagne on your yacht?

      The stockholders, when a corporate executive mishandles a corporation driving it into the ground stockholders can sue. Executives have a fiduciary duty to the corporation.

      Falcon

    7. Re:Organ sale? by crafty.munchkin · · Score: 1

      even in international waters? ;)

      --
      ... wait, what?
    8. Re:Organ sale? by Drishmung · · Score: 1

      I keep wondering when the SEC might start to care, in which case it wouldn't be champagne he'd be sipping, nor would the location be a yacht.

      --
      Protoplasm. Quiet Protoplasm. I like quiet protoplasm.
    9. Re:Organ sale? by bartwol · · Score: 1

      ...let's be serious [...] Just because he ran his business into the ground doesn't mean that he's run his own finances into the ground. Who cares about the success or failure of a company when you're sipping champagne on your yacht?

      Okay. Let's be serious...if you think there's merit to being a rich, renowned, low-life, money-losing pariah, then either _you_ are stupid or _you_ are missing "the point".

      There's little good in Benjamins, boats and booz when even your mother would be ashamed to be seen with you.

    10. Re:Organ sale? by geminidomino · · Score: 1

      There's little good in Benjamins, boats and booz when even your mother would be ashamed to be seen with you.

      I believe you actually mean that. And that, my friend, is why you will never be "successful" in the US.

    11. Re:Organ sale? by Anonymous Coward · · Score: 0

      but wouldn't the atrophy lower the value?

    12. Re:Organ sale? by bartwol · · Score: 1

      And that, my friend, is why you will never be "successful" in the US.

      Sorry, "my friend." I enjoy Benjamins, boats and booz, _and_ the widely held respect of others (particularly in business). I would probably meet your narrow definition of being "successful."

      My guess is that you have little experience with the upper echelons of U.S. society, and in particular, a lack of inside familiarity with high-level corporate executives (the most "successful" of Americans) and the mechanisms that drive their egos. Money/material is but one measure of social standing, and social standing is _everything_ when we speak of some shared notion of "success." Yes, money is all it takes to _look_ like a successful figure. But at the heart of this brand we call "success" is _social affirmation_, most importantly, from other "successful" people. One doesn't have to be rich for long to feel how hollow is the envy of needy or money-grubbing people.

      Wealth is as simple as you describe. But success is much more complicated than that. And successful people have to cover a lot more ground than your remark would suggest.

    13. Re:Organ sale? by sjames · · Score: 1

      It's a shame we're now too "civilized" to do that or even to spit on such people when they walk by. Perhaps if we had a bit more of that, we'd have a bit less problems overall.

    14. Re:Organ sale? by Anonymous Coward · · Score: 0

      When you think like that you are stupid. Only some unevolved egocentric sub human ape thinks like that, it's stupid.

      Money!=Intelligence

      Many of those people aren't smart, they are bold, brutal and anti-social, and that goes a long way as many experiments in psychology and game theory show. But they also show that they destroy those systems, and that they are bad for the general operation of such systems.

      There are more people then just you, I know your counter arguments and they are valid...but lets face it, they are also juvenile and...stupid.

    15. Re:Organ sale? by mcgrew · · Score: 1

      In other words, Hanlon's razor and mcgrew's razor both come into play here.

      Hanlon's razor: Never attribute to malice that which can be explained by stupidity.
      mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest.

    16. Re:Organ sale? by geminidomino · · Score: 1

      That's why I quoted the word "success", because it is used, in the general vernacular, in the same way you assumed I was defining it: raking in money with little to no regard for honor or principle. It was intended as a compliment that you recognized the value of them and did not, I feel, warrant your defensive response.

      I understood your statement about "even your mother would be ashamed to be seen with you" to suggest this, although, I will now admit, I may have misunderstood this based on your response, based on your response.

      As for my experience with the "upper echelons" of society, I suppose that depends entirely on how said echelons are defined, and it is always an entirely subjective definition, as is the definition of "success". I personally prefer the company of other true intellectuals, as opposed to the pretentions of the Frasier-like sycophants who are fond of using terms like "upper echelon" and "social standing"(which is not to imply that I automatically include you in that subset, only that it was the image that your word choice engendered in my mind).

      I summarily reject any definition of success that is a function of popular approval.

      It works for me, I make no claims that it will work for you or anyone else.

    17. Re:Organ sale? by bartwol · · Score: 1

      Sorry I misunderstood you. My analysis of the term "success" would include issues similar to the ones you raise.

      And though I do suspect that I would be considered successful by most people, that is more by coincidence than intent.

      Cheers.

    18. Re:Organ sale? by geminidomino · · Score: 1

      Sorry I misunderstood you.

      Such are the joys of a text-based medium.

      No harm done.

  14. Who's next? by Anonymous Coward · · Score: 2, Insightful

    Microsoft got good mileage out of SCO in their attack on Linux. Wonder who will do their bidding next?

    1. Re:Who's next? by ArhcAngel · · Score: 3, Interesting

      Wonder who will do their bidding next?

      NOVELL

      --
      "A person is smart. People are dumb, panicky dangerous animals and you know it." - K
  15. Still more to come though... by Fallen+Kell · · Score: 5, Informative

    There are several important ruling that need to occur. There is still at issue a decision of "Specific Performance", where SCO has made an argument that if the Jury says the APA + admendments did not constitute an official transfer of copyrights, that Novell should be required to create such a document to transfer the copyrights since they are "needed".

    Unfortunately for SCO's theory on this, old SCO didn't need the copyrights for their business, which is what was sold to new SCO, and Darl himself testified that the business can be run without the copyrights (statements he made after the FIRST time Novell was told they owned the copyrights by the previous Judge in this case). The wording is also to the effect of "copyrights needed at the time of this APA", which is BEFORE the SCOSource business was conceived to sue Linux users. And then you also have to deal with the fact that "Specific Performance" is only enforced when the party requesting "Specific Performance" has itself performed to the letter of the contract, which there is already case law and verdict on file that SCO has not done so, by not remitting the portion of the license buy-out from Sun and the SCOSource license to Microsoft which were both found to be SYSV Unix licenses, not solely UnixWare licenses (as SCO would change their story afterwards when realizing they were contractually required to remit 95% of the funding SYSV licenses to Novell and not keep it for themselves, and after they have filed to the SCC that they were Unix licenses not UnixWare... one of the stumbling blocks they hit when trying to claim otherwise later).

    --
    We were all warned a long time ago that MS products sucked, remember the Magic 8 Ball said, "Outlook not so good"
    1. Re:Still more to come though... by Tubal-Cain · · Score: 1

      Could someone translate that into something nice and readable? x86 Assembly, maybe?

    2. Re:Still more to come though... by John+Hasler · · Score: 1

      I thought it was quite clear. To summarize: the judge still has to rule on a few things, but he is unlikely to rule in favor of SCO. Even if he did SCO would get nothing of significant value.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    3. Re:Still more to come though... by Anonymous Coward · · Score: 4, Informative

      > The wording is also to the effect of "copyrights needed at the time of this APA"

      No. The wording is not to that effect. It was:

      """Excluded Assets: All copyrights and trademarks, except for the copyrights and trademarks owned by Novell as of the date of the Agreement required for SCO to exercise its rights with respect to the acquisition of UNIX and UnixWare technologies."""

      This amendment 2 came between the time that SCO (the original) sent a letter to Microsoft requesting that SCO will cease to pay royalties to MS for code that is no longer in Xenix/OpenServer and taking them to the EU to have these royalties squashed.

      It is likely that this was the 'technology acquisition' that Amendment 2 was written for and, as it happened, they were not required after all. If SCO had been challenged over copyrights then they may have required some.

      The paragraph continues: """However, in no event shall Novell be liable to SCO for any claim brought by any third party pertaining to said copyrights and trademarks."""

      The third party being contemplated probably being Microsoft.

    4. Re:Still more to come though... by Fallen+Kell · · Score: 1

      Yes, again, "Excluded Assets: All copyrights and trademarks, except for the copyrights and trademarks owned by Novell as of the date of the Agreement required for SCO to exercise its rights with respect to the acquisition of UNIX and UnixWare technologies."

      So in other words, all copyrights and trademarks are excluded. The exception is for copyrights and trademarks owned by Novell required by SCO to perform its business with the acquisition of the UNIX and UnixWare tech. An additional requirement is that this is as of the date of the agreement, not some FUTURE or PAST date. So just because SCO might "require" those copyrights NOW, doesn't mean they required them back then. The case in point being that old SCO never requested them, didn't believe they needed them, and thus, didn't get them and told new SCO this when they sold the business to them that they did not have records of owning the copyrights and didn't believe they received any with the agreement because they never had a requirement for them to collect royalties, promote UNIX, and develop and promote a branch of Unix (UnixWare).

      --
      We were all warned a long time ago that MS products sucked, remember the Magic 8 Ball said, "Outlook not so good"
    5. Re:Still more to come though... by jbengt · · Score: 1

      . . . the judge still has to rule on a few things . . . Even if he did [rule in favor of SCO] SCO would get nothing of significant value.

      Not true,
      If he rules that Novell must now transfer the Unix copyrights (the specific performance SCO is asking for) then SCO would get something worth millions of dollars, and Novell stock would plummet.

  16. Write out the Questions by headkase · · Score: 1

    Are there specific claims? Like can Novell/SCO/DogNextDoor be persuaded to reveal exactly what is in any way questionable about these Unix copyrights "in" Linux? It would be nice to have a list: so they can all be written out.

    --
    Shh.
    1. Re:Write out the Questions by John+Hasler · · Score: 3, Informative

      All the Linux-related claims were dismissed long ago. This case has not been about Linux for years. Even if SCO had won this trial they could not have done anything to Linux.

      --
      Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
    2. Re:Write out the Questions by headkase · · Score: 1

      Good. Thank you.

      --
      Shh.
    3. Re:Write out the Questions by jimwelch · · Score: 2, Funny

      THIS IS NOT TRUE! Linux uses Unix copyrights! - Daryl
      In other news: Hell has declared a snow emergency. Souls will only be picked-up on snow routes.

      --
      Never trust a man wearing a coat and tie!
  17. FTFS by Rik+Sweeney · · Score: 5, Funny

    No doubt this is the last we will ever hear of any of this.

    What are you doing? Trying out lines for cheesy movie dialog?

    [Novell stands over the fallen body of SCO]

    Novell: No doubt this is the last we will ever hear of any of this. Come on everybody, let's go home

    [As Novell turns and walks off, the hand of SCO twitches slightly and we hear a sinister laugh.]

    [Cut to credits]

  18. SCO has more lives than Freddy Krugger by KDN · · Score: 2, Interesting

    How many times have we pronounced the SCO lawsuits dead? I think its more times than Freddy Krugger has been brought back to life. I think Freddy said it best to Jason: "Why won't you die?"

  19. Damn it Taco... by swordgeek · · Score: 1

    "No doubt this is the last we will ever hear of any of this."

    This is the SECOND time in the past week you've made me snort coffee!

    --

    "People who do stupid things with hazardous materials often die." -- Jim Davidson on alt.folklore.urban
    1. Re:Damn it Taco... by drinkypoo · · Score: 1

      This is the SECOND time in the past week you've made me snort coffee!

      Do you cut it up on a mirror, or do you find it comes out of the grinder sufficiently fine?

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    2. Re:Damn it Taco... by swordgeek · · Score: 1

      Well, I've got this grinder, so I can grind it fine enough and use the doser to deliver it onto the mirror in neat little lines.

      Good "coffee" equipment is priceless.

      --

      "People who do stupid things with hazardous materials often die." -- Jim Davidson on alt.folklore.urban
  20. Wait..... by Anonymous Coward · · Score: 0

    its a trick.... Get an axe!

  21. Re:More Microsoft Than McBride by walterbyrd · · Score: 5, Insightful

    This has been a Microsoft smear campaign again Linux all along, and it's not over. Why do you think that MS has been funding the entire thing?

  22. The last we'll hear? Not according to the link... by Bearhouse · · Score: 4, Informative

    ' The former federal judge overseeing The SCO Group's bankruptcy said a jury decision today that Novell Inc., and not SCO, owns the copyrights to the Unix computer operating system does not end the company's litigation against others.

    Former U.S. District Judge Edward Cahn, the trustee for SCO's bankruptcy filed in Delaware, said the company is "deeply disappointed" in the jury's verdict in the dispute over which company owned the copyrights to Unix, which is widely used in business computing.

    But Cahn said SCO intends to continue its lawsuit against IBM, in which the computer giant is accused of using Unix code to make the Linux operating system a viable competitor, causing a decline in SCO's revenues.

    "The copyright claims are gone, but we have other claims based on contracts," Cahn said. '

    So, a victory, but not quite the end. Still, my money's on IBM...

  23. Obligatory.... by RKThoadan · · Score: 1

    And there was much rejoicing!

    1. Re:Obligatory.... by t33jster · · Score: 1

      yaaaay

      --
      Take off every 'sig' for great justice.
  24. No doubt this is the last we will ever hear... by Ralph+Spoilsport · · Score: 3, Insightful
    of any of this?

    No! You must kill it! Kill It With FIRE!!!

    --
    Shoes for Industry. Shoes for the Dead.
    1. Re:No doubt this is the last we will ever hear... by Anonymous Coward · · Score: 0

      I say we take off and nuke the entire site from orbit. It's the only way to be sure.

    2. Re:No doubt this is the last we will ever hear... by Anonymous Coward · · Score: 0

      Or nuke it from orbit, it's the only way to be sure.

    3. Re:No doubt this is the last we will ever hear... by eeyore · · Score: 1

      I thought that a stake of ash through the heart was usual in these cases.
      --
      E

    4. Re:No doubt this is the last we will ever hear... by Anonymous Coward · · Score: 0

      It's Blofeld, by the way.

  25. wait a minute by Anonymous Coward · · Score: 0

    From TFS: "No doubt this is the last we will ever hear of any of this."

    ORLY?

    1. Re:wait a minute by Bronster · · Score: 1

      That's what's know in the industry as a "joke".

  26. Celebrate victory! by xmorg · · Score: 1

    This is a great day for open sourcE! Get the beer and python, and lets play roguelikes deep into the night....

  27. SCO still wants to pursue the IBM case by awkScooby · · Score: 4, Informative
    http://www.sltrib.com/news/ci_14786202

    "Cahn said SCO intends to continue its lawsuit against IBM"

    1. Re:SCO still wants to pursue the IBM case by Anonymous Coward · · Score: 0

      Caaaaaahnnn!

    2. Re:SCO still wants to pursue the IBM case by LWATCDR · · Score: 1

      And IBM says that sucks. There is nothing left for us to get when we bury you. What a waste of time.

      --
      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    3. Re:SCO still wants to pursue the IBM case by colinrichardday · · Score: 4, Funny

      I believe that IBM will settle for having a pyramid of skulls in Lindon, UT as a warning to any future Darl McBrides.

  28. Not a Linux story by John+Hasler · · Score: 1

    All the Linux-related claims were dismissed years ago.

    --
    Warning: this article may contain humor, sarcasm, parody, and perhaps even irony. Read at your own risk.
  29. Novell ONLY got what USL vs BSDI settlment didn't by Anonymous Coward · · Score: 4, Informative

    Keep in mind that USL vs BSDI settlement (secret and first published on GROKLAW), did not give the IP or copyrights for all of Unix to USL (USL was owned by Novell at the time of the settlement). The settlement when made public showed us that indeed much of Unix was not proprietary at all. So, it is no wonder that Novell didn't transfer to Santa Cruz Operations, as they didn't have all the marbles to transfer, so they didn't want everyone to know this, so they didn't transfer any (otherwise, then they would have to let the world know about the USL vs BSDI settlement (and everyone then would stop paying any money to Novell or any UNIX tax collector)... when BSD was free !

    So - saying that Novell has all the IP marbles in the Unix world, and that Novell OWNS the Unix copyrights (all of them), is not exactly correct.

  30. Holy shit that's funny. by Anonymous Coward · · Score: 0

    Thanks for making my afternoon!

  31. This is not the last we will ever hear of any this by Yvan256 · · Score: 4, Funny

    You forgot Slashdot dupes!

  32. Pedantary by Anonymous Coward · · Score: 1, Informative

    Technically, it was two sentence fragments.

    1. Re:Pedantary by Bigjeff5 · · Score: 2, Insightful

      Three fragments, actually. "Justice delayed is justice denied." was the only complete sentence.

      "This." "Is a contradiction." and "Always." are all fragments.

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
  33. Re:The last we'll hear? Not according to the link. by Progman3K · · Score: 1

    But Cahn said SCO intends to continue its lawsuit against IBM, in which the computer giant is accused of using Unix code to make the Linux operating system a viable competitor, causing a decline in SCO's revenues.

    "The copyright claims are gone, but we have other claims based on contracts," Cahn said. '

    The moment the defense points out that SCO knowingly added the code into Linux and distributed it under the GPL the trial should be over.

    Right?

    --
    I don't know the meaning of the word 'don't' - J
  34. Does "SCO Group Likes Its Stock at These Levels"? by lightspawn · · Score: 5, Funny

    http://www.linux.org/news/2004/03/12/0006.html

    I've only been waiting six years to post this.

  35. Someone has to say it... by Anonymous Coward · · Score: 0

    ' The former federal judge overseeing The SCO Group's bankruptcy said a jury decision today that Novell Inc., and not SCO, owns the copyrights to the Unix computer operating system does not end the company's litigation against others.

    Former U.S. District Judge Edward Cahn, the trustee for SCO's bankruptcy filed in Delaware, said the company is "deeply disappointed" in the jury's verdict in the dispute over which company owned the copyrights to Unix, which is widely used in business computing.

    But Cahn said SCO intends to continue its lawsuit against IBM, in which the computer giant is accused of using Unix code to make the Linux operating system a viable competitor, causing a decline in SCO's revenues.

    "The copyright claims are gone, but we have other claims based on contracts," Cahn said. '

    So, a victory, but not quite the end. Still, my money's on IBM...

    CAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAHN!!!!

  36. Why does PJ matter so much to you? by walterbyrd · · Score: 5, Insightful

    Fuck PJ. She's a publicity whore no better than Darl. Shameless publicity whore. She profited in a grand way from this too-doo. Point. Of. Fact.
    And "who is PJ"? Just some Small Town Paralegal *that just happened to be interested in Linux*? - YEAH RIGHT. I got a bridge.
    Reasonable people understand that PJ works for IBM. Reasonable people understand that there is no "PJ", that IBM spun up a screen name and went to town.

    Even if your claims about PJ were true (and I do say if) what difference would it make? Why do you care? Why are you so angry?

    Can you point out anything that PJ posted that is not true, or not fair?

    1. Re:Why does PJ matter so much to you? by Bigjeff5 · · Score: 1

      Come on, everybody knows Frosty Piss is an SCO shill. He's getting paid to say those things.

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    2. Re:Why does PJ matter so much to you? by Bigjeff5 · · Score: 1

      Oh hey, just realized it's relevant, but starting Thursday I'll be an IBM shill, I can't wait! Working for HP sucks.

      Just for clarification though, does posting on /. instead of doing the job I'm being paid for count as being paid to post on /.? I'm certainly being paid while posting on /....

      --
      Security is mostly a superstition... Avoiding danger is no safer in the long run than outright exposure. - Helen Keller
    3. Re:Why does PJ matter so much to you? by inode_buddha · · Score: 1

      Given the nym, I'm willing to bet he/she is closely connected with "snowshoes" after the sleigh ride.

      --
      C|N>K
    4. Re:Why does PJ matter so much to you? by davidbofinger · · Score: 2, Insightful

      Reasonable people understand that there is no "PJ", that IBM spun up a screen name and went to town.

      In this forum PJ is defined by her work on groklaw so she can't help being real. What's really claimed here is that her biological component is other than we'd thought, but her biological component isn't something we've ever interacted with so why should we care? It's probably a big deal to PJ's personal friends, lovers, family, church choir colleagues, volleyball team and pets but to people who know her only through the web it's not clear it means anything. If PJ was a dog, and for all I know she is, would it change anything about her work?

      It's a lot like the old claim that The Iliad and Odyssey were written, not by Homer, but by another Greek of the same name.

    5. Re:Why does PJ matter so much to you? by houghi · · Score: 1

      He probably is Darl.

      --
      Don't fight for your country, if your country does not fight for you.
  37. Re:The last we'll hear? Not according to the link. by twmcneil · · Score: 2, Funny

    Cahn has never heard of the Nazgul?

    --
    "The ferrets, they're every where I tell you!"
  38. Re:More Microsoft Than McBride by Anonymous Coward · · Score: 0

    What does linux (lowercase 'L') have to do with Unix (capital 'U')?

  39. Too early for... by Anonymous Coward · · Score: 1, Funny

    April Fools' Day

    (Posting twice isn't)

  40. Re:The last we'll hear? Not according to the link. by MightyMartian · · Score: 1

    While IBM has contributed considerably to Linux, this claim seems to be that without IBM, Linux wouldn't have been a competitor is absurd.

    --
    The world's burning. Moped Jesus spotted on I50. Details at 11.
  41. What about when Novell starts abusing their by falconwolf · · Score: 2, Interesting

    position? Maybe not now, maybe not in a few years, but you never know what happens or who buys what company..

    Hopefully by then software patents will be invalidated.

    Falcon

    1. Re:What about when Novell starts abusing their by Anonymous Coward · · Score: 0

      Hopefully by then software patents will be invalidated.

      http://computerworld.co.nz/news.nsf/news/thumbs-down-for-software-patents-in-nz

    2. Re:What about when Novell starts abusing their by mea37 · · Score: 1

      And in what way would that affect Novell's ability to use (or abuse) the UNIX copyrights? With all due respect, unless and until you educate yourself enough to know the difference between a patent and a copyright, your opinion on whether software patents should be allowed is not valid.

    3. Re:What about when Novell starts abusing their by falconwolf · · Score: 1

      unless and until you educate yourself enough to know the difference between a patent and a copyright, your opinion on whether software patents should be allowed is not valid.

      I know the differences between copyrights and patents, do you?

      Falcon

    4. Re:What about when Novell starts abusing their by mea37 · · Score: 1

      "I know the differences between copyrights and patents"

      Then you should be able to answer the question I asked you: How would invalidation of software patents affect Novell's ability to use or abuse the IP that the courts just affirmed they own, which are copyrights?

      You can say that you know the difference, but your comments suggest that this is not true.

      And yes, I am quite familiar with the differnces between copyright and patent myself; feel free to have a look through my post history.

  42. Smile, Damn You! by NickFortune · · Score: 4, Funny

    What about when Novell starts abusing their position? Maybe not now, maybe not in a few years, but you never know what happens or who buys what company..

    Ah, shaddap and be happy for once. You can go back to playing prophet-of-doom tomorrow :D

    --
    Don't let THEM immanentize the Eschaton!
  43. bad day for investors by Trailer+Trash · · Score: 1

    http://finance.yahoo.com/q?s=scoxq.pk

    Ouch! from .46 down to .10. While 36 cents might not sound like much, it's an 80% drop in value.

  44. Re:More Microsoft Than McBride by RobKow · · Score: 3, Insightful

    That's what we've been asking SCO for the past 7 years.

  45. Re:Does "SCO Group Likes Its Stock at These Levels by Alien+Being · · Score: 1

    No thanks. I'll stick with Charmin.

  46. More to Come - SCO can still get the copyrights by Anonymous Coward · · Score: 0

    The case is not yet over

    There are a number of other parts of the SCO v Novell issue that were not part of the jury trial.

    Among other things, this includes a bench (judge) trial on SCO's alternate claim for specific purpose (which asks the court to order Novell to transfer the copyrights).

    In short - it

  47. IBM by voss · · Score: 1

    It wont be microsoft...too many antitrust issues.

    It might be IBM...it fits their business profile and it might be just up IBM's thinking to open source
    unix itself. It would be a major tax write-off (what is the multi-year value of the unix copyright?)

    Of course theres always google, owning the unix code would give it some nice defensive ground.

    1. Re:IBM by gyrogeerloose · · Score: 1

      It wont be microsoft...too many antitrust issues.

      It might be IBM [...]

      Of course theres always google, owning the unix code would give it some nice defensive ground.

      Pure speculation here but how about Apple? Since OS X is Unix-based, it might make sense for them. And they have a boatload of cash on hand.

      --
      This ain't rocket surgery.
  48. Groklaw's input by mrflash818 · · Score: 3, Informative

    Groklaw's input:
    'It's over. The jury has found that the copyrights did not go to SCO under the APA or anything else. The verdict is in. Novell has the news up on their website already, but I heard it from Chris Brown also. Here's the brief Novell statement:

    "Today, the jury in the District Court of Utah trial between SCO Group and Novell issued a verdict.
    Novell is very pleased with the jury’s decision confirming Novell’s ownership of the Unix copyrights, which SCO had asserted to own in its attack on Linux. Novell remains committed to promoting Linux, including by defending Linux on the intellectual property front.

    This decision is good news for Novell, for Linux, and for the open source community." '

    http://www.groklaw.net/article.php?story=20100330152829622

    --
    Uh, Linux geek since 1999.
    1. Re:Groklaw's input by cpghost · · Score: 1

      Novell remains committed to promoting Linux, including by defending Linux on the intellectual property front.

      Let's hope Novell will also refrain from harassing us OpenSolaris users.

      --
      cpghost at Cordula's Web.
    2. Re:Groklaw's input by Doctor_Jest · · Score: 1

      Both of you... :)

      Sorry, had to be done....

      --
      It's the Stay-Puft Marshmallow Man.
  49. No doubt this is the last we ever hear of this. by Anonymous Coward · · Score: 0

    "No doubt this is the last we will ever hear of any of this."

    You made coffee squirt out my nose!

  50. Thank you, Novell... and here's $35 for you by MikePlacid · · Score: 1

    I've just bought OpenSUSE dvd from Novell's website - as a way to say "Thank you!"...

  51. Sorry, gotta disagree.. by schon · · Score: 4, Insightful

    While it may hold true for quick-change artists, it won't stop true sociopaths like Darl McBride.

    Scammers like McBride believe that everyone is as evil as they are, and that if someone else failed, that they just weren't smart enough. Their rationale goes something like "I can see what they did wrong, so therefore I'm smarter than they are, so *my* scam will succeed!"

    Just like career criminals - fines, prison sentences etc. don't act as a deterrent - they do it because they don't believe they'll be caught.

    To this day, Darl believes that IBM is guilty of *something* - and that he only failed because IBM played dirty (see this troll for the "dirty tricks" that IBM used.) The dirty tricks that Darl himself used? (Lies, threats, the entire lawsuit) He believes they were justified because he needed something to fight IBM with.

    There is nothing that will stop a sociopath from being a sociopath. If there was, they wouldn't be sociopaths.

  52. Novell all set for start of next legal case by Anonymous Coward · · Score: 0

    Financed by Microsoft, with Miguel as chief witness.

    All your Linux are belong to us!

  53. I think M$ wins, Not Wins, but still wins. by mrflash818 · · Score: 1

    It is my opinion that M$ did not loose.

    Because for seven years, M$ by funding SCO, for the small (to them) amount M$ paid to SCO, was able to keep FUD going. ...And even if a tiny waste of IBM money and attention, was still one of the 'a thousand cuts' on their quest of:

      if(!M$)dieDieDie();

    --
    Uh, Linux geek since 1999.
    1. Re:I think M$ wins, Not Wins, but still wins. by Abalamahalamatandra · · Score: 1

      Didn't help them a whole lot with my company - the whole place, other than desktop support systems (Active Directory and Exchange and OCS, mostly) is run on Red Hat Enterprise servers. A LOT of them. In the several hundreds. With IBM Power database backends running Oracle.

      And me? Typing this on my Ubuntu laptop sitting at my desk. Loving life! Now if I could just get away with rolling it out company-wide, my security job would be a heck of a lot easier.

      And now I'm off to make sure the latest $@!$@!^&$ critical IE hole gets plugged in a timely fashion...

  54. Frosty == Maureen O'Gara! by NickFortune · · Score: 1

    Wait a minute... Maureen O'Gara has a slashdot account?!?

    Dude, I do believe you just broke the code!

    --
    Don't let THEM immanentize the Eschaton!
  55. A little thing called Lanham Act by celtic_hackr · · Score: 1

    There is a bit of legal ground where one entity can strip away the veil of limited liability of a company and go after the officers. It's referred to as the Lanham Act. When officer's of a company do things that are heinous and or illegal under the veil of limited liability in the name of a corporation this act can strip away that protection and go after the people and all their possesions. Pushing them into bankruptcy and taking it almost all. It isn't over yet. you wait and see. They may be very old when it's all over. But a few of them might live to see jail time, and bankruptcy and the lose of their chalet in France.

  56. Re:More Microsoft Than McBride by Anonymous Coward · · Score: 0

    This has been a Microsoft smear campaign again Linux all along, and it's not over. Why do you think that MS has been funding the entire thing?

    is there any real truth to this,or is this MS bashing and speculation?

  57. Okay! Everyone sing along with me! by Chas · · Score: 1

    Happy happy joy joy happy happy joy!
    HAPPY!
    Happy happy joy joy happy happy joy!
    HAPPY!

    *Finds a grave for SCO*
    *Erects a dance floor*
    *Breakdances to the point of passing out from the exertions*
    *Returns every once in a while for a return engagement*

      HAAA-HAAA!

    Hot? Cold? Revenge is a dish best SERVED!

    --


    Chas - The one, the only.
    THANK GOD!!!
  58. Re:The last we'll hear? Not according to the link. by dgr73 · · Score: 1

    All the horror movie jokes aside. SCO is on the losing side of proving they even own the Unix rights, which *might* by some legal trickery and well placed campaign funds only allow them to sue IBM & all for (c) violation. That trial would then have to prove the stealing of code, which has already been debated in court to SCOs detriment. The court cases might go on one way or another, but any "linux liability scare factor" has long since disappeared from any reasonably savvy IT-Manager's mind. But far be it from me to deny the jokes and gloating people derive from any SCO related lawreports, knock yourselves out.

  59. So when do the lawsuits start? by PhilipPeake · · Score: 1

    I expect that those people who were dumb enough to buy Linux "licenses" from SCO and Microsoft must be feeling like complete idiots about now (possibly because they are).

    Just wonder when the first lawsuits against SCO and Microsoft will begin? Actually, suing SCO is a waste of time, they are effectively bankrupt, but Microsoft has a nice stash of cash available.

  60. 8 hours of jury deliberations means... by christian.einfeldt · · Score: 4, Insightful

    ...that even a lay-person jury could see that SCO's case was worthless. I'm a lawyer, and I'm here to state the obvious: juries take longer than 8 hours to decide many petty theft cases. Trustee Cahn, who is effectively running SCO, needs to wake up and smell SCO's dead feet. SCO is dead, dead, dead I say!

  61. So, what does this mean for Solaris? by SEE · · Score: 3, Insightful

    1) The 1994 Sun-Novell license agreement prohibited Sun from disclosing SRVX code for a period of 20 years. It's not 2014 yet.
    2) The jury just said Novell retained copyright to Unix, so SCO had no title to SVRX, and so no power to license SVRX except as provided in the Novell-SCO APA.
    3) Under the APA, SCO "shall not, and shall not have the authority to, amend, modify, or waive any right under or assign any SVRX License without the prior written consent" of Novell.

    As a result, SCO neither had the contractual right (under the APA) nor right of title in SVRX necessary to license the release of any SVRX code by Sun prior to 2014. If there is any SVRX in OpenSolaris, then, Oracle is in violation of its SVRX license agreement with Novell, and its right to distribute Solaris (assuming Solaris contains any SVRX) is, as a result, questionable.

    Now, yes, the 2003 SCO-Sun agreement requires that SCO indemnify Sun against any claims arising under the agreement . . . but SCO is too bankrupt for that indemnity to have much value.

    1. Re:So, what does this mean for Solaris? by durdur · · Score: 1

      There is no way to pull open source Solaris back into closed source. It's out in the wild. And as far as I know, Novell doesn't want to undo the license agreement Sun had (legitimate or not). But they do want the revenue SCO got from it - that's part of their claims against SCO.

    2. Re:So, what does this mean for Solaris? by SEE · · Score: 1

      There is no way to pull open source Solaris back into closed source. It's out in the wild.

      Sure, the code is out there. But there are all sorts of potential complications.

      1) If Sun violated its agreements and Novell's copyrights with regard to OpenSolaris, Novell could potentially demand Oracle recompense it for damage the release of OpenSolaris did/is doing to sales of SUSE Linux.
      2) If OpenSolaris violates Novell copyrights, Novell could demand that Oracle stop hosting, distributing, contributing to, and supporting OpenSolaris.
      3) If OpenSolaris violates Novell copyrights, Novell could go after OpenSolaris users the same way SCO went after Linux users . . . this time, though, with an actual copyright holder going after actual (however trivial) copyright violations.
      4) If Sun violated the agreements that allowed it to distribute SVRX as part of Solaris, every copy of not-Open Solaris shipped since the release of OpenSolaris could constitute a contract and/or copyright violation, resulting in damages owed to Novell.

  62. "There is nothing that will stop a sociopath..." by DamnStupidElf · · Score: 3, Insightful

    A bullet.

  63. Re:This is not the last we will ever hear of any t by noidentity · · Score: 1

    This is not the last we will ever hear of any this; You forgot Slashdot dupes!

    When the dupe appears two days from now, April 1, it'll be much more appropriate where it says "This is the last we'll hear of SCO."

  64. It's Not Over! by b4upoo · · Score: 1

    Turn on the Fox channel and watch O'Reilly whine on and on about Obama winning the election. Now picture SCO. The wailing and gnashing of teeth has just begun.

  65. SCO = FAIL by radicalrendell · · Score: 1

    cue keyboard cat!!!

  66. Re:More Microsoft Than McBride by walterbyrd · · Score: 4, Informative

    Follow The Money Mike Anderer March 2004
    An e-mail from consultant Mike Anderer to SCO's Chris Sontag revealing Microsoft's channeling of US$ 86 million to SCO.

    http://en.wikipedia.org/wiki/Microsoft_Halloween_documents_leak

    On Monday, court documents from the ongoing court case between IBM and SCO claimed Microsoft had encouraged financial firm BayStar to invest in SCO. The claim was made by BayStar founder Larry Goldfarb, who said Microsoft's vice president of corporate development and strategy, Richard Emerson, had offered to underwrite BayStar's own investment in SCO.

    http://www.zdnet.com.au/more-microsoft-sco-links-emerge-339271604.htm

    Has Microsoft's money been a significant resource for the financially ailing SCO?
    Without a doubt. In early 2003, Microsoft started paying SCO what eventually grew to $16.6 million for a Unix license, according to regulatory filings. Only longtime Unix fan Sun Microsystems previously paid close to that, with a $9.3 million license deal.

    Microsoft provided a second, though indirect, boost in August or September of 2003, when it referred SCO to BayStar Capital, a fund that arranged a $50 million investment.

    http://news.zdnet.com/2100-3513_22-139743.html

    There is a lot more evidence, but I will leave further research up to you.

  67. Yes it is a linux story by walterbyrd · · Score: 1

    Scox's lawsuit against IBM is based on scox's claim that ibm violated scox's UNIX/Linux copyrights, because ibm contributed to linux. Scox claims that they own UNIX (there exact words - repeated many times) and by extension, scox claims they own Linux, because UNIX code is in Linux. After more than seven years, scox still refuses to provide any evidence to back their claims.

    But, scox is still suing ibm over linux. So, yes it is a linux story.

    1. Re:Yes it is a linux story by Xtifr · · Score: 1

      Scox's lawsuit against IBM is based on scox's claim that ibm violated scox's UNIX/Linux copyrights, because ibm contributed to linux.

      Not any more--they dropped the SysV copyright violation charges against IBM some time ago. Their current theory of the IBM case is based on a clause in the original SysV contract which says that SysV licensees can't reveal any part of SysV. SCO's argument is basically that the moment IBM added code to their version of SysV (AIX), that code became subject to the contract. This is particularly ironic in the case of the JFS2 code, which IBM developed for OS/2, and later added to both Linux and AIX.

      The Novell case was purely about Unix and SysV, and the only tenuous connection to Linux is that SCO needed the copyrights to justify the SCOSource extortion scheme.

    2. Re:Yes it is a linux story by walterbyrd · · Score: 1

      So how did IBM allegedly reveal the SysV code? By putting that code in Linux, right? So the case is still about Linux.

      So did IBM aledgedly reveal the SysV code? By putting that code in Linux, right? So the case is still about Linux.

    3. Re:Yes it is a linux story by NickFortune · · Score: 1

      So the case is still about Linux.

      Well, possibly. In the same sort of way that putting a tooth under your pillow is about becoming a billionaire.

      --
      Don't let THEM immanentize the Eschaton!
  68. Where is the Birth Certificate??? by infonography · · Score: 1

    Orly Tates will be suing Novell shortly demanding the birth certificate of UNIX

    --
    Sorry about the writing. Robot fingers, you know? Cliff Steele in DOOM PATROL #23
    1. Re:Where is the Birth Certificate??? by Ant+P. · · Score: 1

      Orly?

  69. you're confused. by dAzED1 · · Score: 1

    except that's not a triangle, because triangles are planar objects. Planes can intersect spheres, but that doesn't somehow mean that the plane is 3d all the sudden.

    It's difficult to prove a negative, but it's not impossible. You merely prove it by eliminating the possibility that it is true - leaving only the possibility that it is false.

    Would you suggest it's impossible for me to prove that a full-grown african elephant is not eating bananas in my pantry right now? That's silly - I merely prove that the size of such an elephant is larger than the size of my pantry, thus eliminating the possibility that it is true. You've confused yourself if you think it's any more impossible to prove a negative than it is to prove a positive; prove there's an african elephant anywhere in africa right now?

    1. Re:you're confused. by cosm · · Score: 1

      You've confused yourself if you think it's any more impossible to prove a negative than it is to prove a positive;

      Actually, we aren't too sure, unless you have the answer to "Does P=NP".

      --
      'We are trying to prove ourselves wrong as quickly as possible, because only in that way can we find progress.' RPF
  70. It's worse than that by SpammersAreScum · · Score: 2, Informative

    Even if the judge doesn't force a transfer, Cahn has said they'll still continue the IBM suit on contract grounds. SCO's arrangement with its lawyers can keep this going (as well as an appeal) even if they're broke. This definitely has a ways to go, alas...

  71. Love the financial stats there! by Anonymous Coward · · Score: 0

    Their financials are just too funny:

    Financials
    EPS forecast (this quarter) --
    Annual revenue (last year) $15.6M
    Annual profit (last year) -$8.7M
    Net profit margin -55.80%

    Now, granted, I'm not an economics major, but a "net profit of -55%" sounds kind of like a "loss" to me. And an annual profit of "-8.7 million" sounds a bit shaky too. Maybe it's time to buy some SCO stock for use as toilet paper and drink coasters. At 10 cents a whack it could be fun, but don't hurry- I'm guessing in a day or so it'll be on the order of a penny a share. :)

    1. Re:Love the financial stats there! by MightyMartian · · Score: 1
      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
  72. in other news, Novell announces MSFT now owns UNIX by Locutus · · Score: 1

    now that there is little question as to who owns the copyrights to UNIX, will we now see another bid to purchase Novell and said copyrights? Why not Nathan Myhrvold's Intellectual Vultures group which has Bill Gates on is investors list?

    the judgment pretty much says that SCO had no leg to stand in claiming Linux infringed on their UNIX copyrights but only in that SCO didn't have the UNIX copyrights. It did not clear up any infringement questions. And you know that right now, Microsoft is out hunting down victims to hang on their Patent Licensing mantel as they start building their case against Linux. What a hammer owning UNIX copyrights would be.

    and yes Jane, I do believe that Intellectual Vultures are tied back to MSFT.

    LoB

    --
    "Anyone who stands out in the middle of a road looks like roadkill to me." --Linus
  73. Re:The last we'll hear? Not according to the link. by Drishmung · · Score: 1

    "The copyright claims are gone, but we have other claims based on contracts," Cahn said.

    "it's just a flesh wound!"

    "I'm invincible!"

    "Come back here and take what's coming to you! I'll bite your legs off!"

    --
    Protoplasm. Quiet Protoplasm. I like quiet protoplasm.
  74. Great! by Greyfox · · Score: 1

    NOW can we get on with harvesting SCO's management for organs? We get that with this deal, right?

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

    1. Re:Great! by Rod+Beauvex · · Score: 2, Funny

      I call dibs on the hearts. Been wanting a blacker, more evil model for awhile.

    2. Re:Great! by miffo.swe · · Score: 1

      "I'm trying to teach myself to set people on fire with my mind... Is it hot in here?"

      Possible version:

      I'm trying to teach myself to set idiots on fire with my mind... Is it hot in here?

      --
      HTTP/1.1 400
  75. Speaking of Which by Greyfox · · Score: 1

    7 or 8 years ago there was a Slashdot story in which questions from Slashdot Users (myself included) were going to be forwarded to SCO and presumably answered. I seem to have missed the story where those questions were answered. Perhaps now would be a good time for a follow up story to that one?

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  76. No doubt this is the last we will ever hear of any by Anonymous Coward · · Score: 0

    What? Are you kidding? Zombies don't die unless you reboot the system. They had a chance at a proper death, but they got past init(cleanup) and now they will remain in the system process stack holding onto enough memory to hold the return code (and possibly a whole stack frame --enough to hold a complete context switch including all registers including the program counter). SCO can't die now. Its a zombie. Chainsaws can chop it into little pieces. but unless all the pieces get stuck into concrete or something, they will keep coming after you.

  77. The Last We Will Ever Hear Of This by Arancaytar · · Score: 1

    That's what we thought the last twenty times the case has been in the headlines...

  78. watch what you say by Nekomusume · · Score: 4, Funny

    "No doubt this is the last we will ever hear of any of this."

    You fool! You've doomed us all!

  79. Re:The last we'll hear? Not according to the link. by Anonymous Coward · · Score: 0

    Is Edward Cahn another Ken Starr?

  80. Finally! by failedlogic · · Score: 3, Funny

    I have finally found my inner-peace.

    I held back on paying SCO for licensing since I've been using a Linux desktop for a while on my personal desktop. I couldn't stand it anymore - sleepless nights, the shakes, sweating, and I took up smoking and booze. I was about to rip out the credit card today after work and pay them. Good thing I read Slashdot first!

  81. Novell owns the Unix copyrights by countertrolling · · Score: 1

    Yeah baby.. Now it's Microsoft's turn..

    ...No doubt this is the last we will ever hear of any of this...

    That's funny as hell!

    --
    For justice, we must go to Don Corleone
  82. Nah, not Darl. But there will be noise! by dmforcier · · Score: 1

    Darl is no longer associated with SCO, and he has no axe to grind: his options are worthless and have been for a while.

    OTOH, there is the invisible Ralph Yarro, majority stockholder and now priority creditor. And there is also Judge Cahn, the Trustee appointed by the bankruptcy court. Yarro has supplied cash, and Cahn seems to have drunk the kool-aid.

    Immediately after the verdict, Cahn announced that SCO will go forward with the IBM case. SCO may not have standing to sue for infringement, but they do have contract claims.

    And then there's the UnitedLinux arbiration....

    --
    You can't take the sky from me!
  83. Don't forget... by kemapa · · Score: 1

    Don't forget to pay your $699 licensing fee, you cock-smoking teabaggers!

  84. Re:Not true! by dmforcier · · Score: 5, Informative
    The Linux claims are skinny in the Novell case, but they are still alive. Part of Novell's case was that even if SCO owned the copyrights they're still forbidden to sue over them since SCO is contractually prevented from doing so by membership in the UnitedLinux consortium.

    Judge Kimball split that bit off from the rest of the case since by the contract the matter is subject to arbitration. The arbitration was stayed by the Bankruptcy Court (it had been scheduled to run in parallel with the jury trial in Utah), but can now go forward.

    In fact, the stuff of most interest to Linux users is still to come! The bulk of Novell was about copyrights and SCO-as-fiduciary. Without evidence of infringement, these are directly of interest to Linux users. But the GPL is about to get a hearing. That is of considerable interest!

    --
    You can't take the sky from me!
  85. Well... by Anonymous Coward · · Score: 1

    The point was never to win. The point was to keep people from buying software and services from Novell, Red Hat and IBM. That strategy worked very well for seven years...

  86. Re:The last we'll hear? Not according to the link. by Anonymous Coward · · Score: 0

    He will.

  87. ahhh.... by smash · · Score: 1
    ... I remember getting an email from SCO way back in 1998 or 1999 regarding a $700 "upgrade" to SCO something or other. I ignored it back then and nothing came of it. Have been following the 12-13 years of hilarity between then and now waiting for the inevitable. Can't say I'm surprised and even if Novell failed, IBMs patent team will fuck SCO into the ground.

    Its about time.

    --
    I run: Windows, OS X, Linux, FreeBSD. Just because you have a hammer, doesn't mean everything is a nail.
  88. From a post of mine over on groklaw by symbolset · · Score: 1

    [clerk] Come ye all presents to hear the case of SCO v. Novell

    [Judge] Says here in the complaint that Novell slandered SCO's ownership of this "unix" copyright thing. Plaintiff, what say you?

    [SCO] They did say we don't own it.

    [Judge] Defendant, what say you?

    [Novell] Yes, your honor, we bought it. Says so right here on the receipt. Copyrights are transferred only by writing and it plainly says we bought it.

    [SCO] But we bought it after!

    [Judge] You got a receipt?

    [SCO] <crickets>

    [Judge] Judgement for the defendant. (gavel) Next!

    --
    Help stamp out iliturcy.
  89. Then who typed what he did goof? by Anonymous Coward · · Score: 0

    See subject.

    1. Re:Then who typed what he did goof? by _Sprocket_ · · Score: 1

      How do you know it's a he? Maybe it was PJ. Or maybe it was a unicorn. Or maybe it was Ozymandias?

  90. Yet they still claim to own Linux by Deputy+Doodah · · Score: 2, Informative

    ...and they're still trying to sell "SCO Source". http://www.sco.com/scosource/license_program.html
    Anyone feel up to cutting them a check?

    1. Re:Yet they still claim to own Linux by drfuchs · · Score: 1

      Doesn't that count as "slander of title" on SCO's part? (Which, as it happens, is just what SCO was suing Novell for!)

    2. Re:Yet they still claim to own Linux by ais523 · · Score: 1

      Novell countersued SCO for slander of title, for more or less exactly the same reason as SCO sued Novell; that case failed on the basis that Novell didn't try to prove that they suffered "special damages" (basically, lost sales) as a result, which is one of the things you have to prove to show slander of title. (IANAL)

      --
      (1)DOCOMEFROM!2~.2'~#1WHILE:1<-"'?.1$.2'~'"':1/.1$.2'~#0"$#65535'"$"'"'&.1$.2'~'#0$#65535'"$#0'~#32767$#1"
  91. The SCO story is far from over by symbolset · · Score: 1

    This is not a greek tragedy - it's a cheesy cliffhanger serial that has the hero facing near certain death at every turn. It won't end until advertisers won't buy time on the reruns.

    --
    Help stamp out iliturcy.
  92. Thank you by watanabe · · Score: 1

    Dear Taco,

    Thank you for your commentary. I laughed out loud. That was nice. Then I thought (probably Taco), and checked -- there you were. A part of slashdot will die forever when Darl ends his campaign.

  93. Re:So, what? Law of Agency - wikipedia etc by Anonymous Coward · · Score: 0

    Law of Agency - wikipedia etc and everywhere else since business law has existed in the modern world, says, that if you let someone appear to be your agent, and you do nothing at the time to "stop their acting as your agent" then, you as the principle, need sometimes (case by case, maybe judge or jury will decide, based on the state, and merits of the case)... you will sometimes have to live by the actions of an apparent agent (and so). So, maybe Novell will have to live with the SCO and SUN deal.... as at least SCO did have the right to make deals (even if they needed to be approved by Novell). In some cases, and maybe this one... it appears that Sun or rather Oracle will be able to keep OpenSolaris cooking like it is now. The best thing to do if this were to go to court would be to have Novell and Oracle agree to GPLv3 OpenSolaris.... and one-up Linux on the FOSS scale. Now that would be really interesting. Of course, Microsoft would hate that with a passion.

  94. Happy Birthday to Me ! by BlindBear · · Score: 1

    What a great present! Now I have to get drunk.

    --
    I prefer Classic Slashdot.
  95. No doubt this is the last we will ever hear... by Anonymous Coward · · Score: 0

    No doubt they will be back.
    SCO is like the Daleks in Dr Who or Blowfeld in James Bond
    like Freddy Kruger or Jason or the terminator.
    you cant KILL true evil

  96. Not the end... by maheshc · · Score: 1

    As Churchill said: Now this is not the end. It is not even the beginning of the end. But it is, perhaps, the end of the beginning

  97. A triangle has THREE ANGLES by Anonymous Coward · · Score: 0

    A triangle has THREE ANGLES. It's even in the fricking name.

    1. Re:A triangle has THREE ANGLES by dAzED1 · · Score: 1

      wow...that's bloody observant of you. I don't think anyone in the discussion was confused about that part, though.

  98. Re:The last we'll hear? Not according to the link. by Scrab · · Score: 1

    Please tell me that Cahn's name is pronounced the way I think it is....

    --
    RoseColor red={0, 0xffff, 0x0000, 0x0000};VioletColour blue={0, 0x0000, 0x0000, 0xffff};find / -name *mybase*|chown you
  99. simply amazing... by sdnoob · · Score: 2, Funny

    that this case actually reached a verdict before the contested copyrights expired!

  100. Re: by hzo · · Score: 1

    I can prove that she exists.

    Once I sent her something after emailing her for her address.

    After that she sent me a very kind email, a IBM robot never would send ;)

    Enjoy!

  101. Re:The last we'll hear? The Nazgul Comeith!!! by Anonymous Coward · · Score: 0

    So we replaced one bad actor -- Darl -- with Cahn who is suppose to be a Trustee who now wants to pick up Darl's tired script book, and seems to be just as brainless as Darl. SCO just got its butt kicked by Novell, and Cahn now wants to pick a fight with IBM and its Nazgul?!? SCO must have a Death Wish, though I suspect that the zombie that is SCO is clinging to life by a hidden transfusion of money from Microsoft: SCO can't pay any of its creditors but somehow it can continue to pursue the litigation lottery. Now it wants to pick a fight with IBM, and IBM has an even better case against SCO than Novell had. I say "Release the Nazgul on SCO!!!"

  102. Not the last we will ever hear of this... by EmagGeek · · Score: 1

    As long as there is a higher court to appeal to, SCO and its minions will not likely give up. After all, they have litigation investors to answer to. The sunk-cost fallacy is lost on these guys.

  103. Re:SCO by Anonymous Coward · · Score: 0

    SCO - Software Company Out-of-business!

  104. hahah by Dekonega · · Score: 0, Redundant

    hahaha, fags sure got told!

  105. Re:The last we'll hear? Not according to the link. by TemporalBeing · · Score: 1

    While my money is on IBM too, you have to wonder if going after IBM is still possible since Novell directed (per contract per APA) that they are to drop everything against IBM, and SCO does not have (AFAIK) a contract directly with IBM outside of Project Montgomery - which long ago proved to be a dead-end road for going after IBM on. So what contracts exactly are they going after? It can't be UNIX related, or related to copyright infringement.

    --
    Truth is like the sun. You can shut it out for a time, but it ain't goin' away. - Elvis Presley (source: imdb.com)
  106. Conspiracy theory by Anonymous Coward · · Score: 0

    Actually you think about it MS is involved with both Novell and SCO.

    MS funds both Novel and SCO, Novell is weakened by their fight with SCO (Bolstered by MS) but triumphs with the Unix Licenses in hand. MS now being friends with Novell offers to buy them up and thus acquires the licenses for Unix entirely and probably for 10s of millions less than they would have had to pay otherwise. MS now has the Patents on Unix which might give them something to get licensing from IBM

  107. Well in that case, Darl, we forgive you by spun · · Score: 1

    You poor guy, suckered by those evil stockholders and board members. Now I feel all sorry for you and shit.

    Punk ass bitch, you played with the big boys and got beat down hard because you just don't have the skills, the brains, or the common sense to go back to the kiddie pool. You know, after this is all said and done, the criminal charges will come. You'll be spending your days in the pokey, not living it up in Cancun with all the money you and your family embezzled from SCO.

    But you are a narcissist, so we can't expect you to understand any of this, as you have no concept of right and wrong. In your own mind, I'm sure you are completely innocent of any wrong doing.

    --
    - None can love freedom heartily, but good men; the rest love not freedom, but license. -- John Milton
  108. Goofy, it's quite clear you have no clue by Anonymous Coward · · Score: 0

    Goofy, it's quite clear you have no clue, so be silent Sprocket (you goof).

    1. Re:Goofy, it's quite clear you have no clue by _Sprocket_ · · Score: 1

      I'd be worried about your reply if I thought you existed.

  109. No SCO by SphericalCrusher · · Score: 1

    My god... SCO. The anti-SCO t-shirt I bought years ago is falling apart... that's how old this shit is. An organized Project Mayhem needs to be set in motion to completely wipe these guys out seems like....

    --
    "Instant gratification takes too long." - Carrie Fisher
  110. NatalieGlebova by natalieglebova · · Score: 0, Redundant

    This is absolutely absurd http://www.squidoo.com/womensera