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SCO Zombie Creaks Into Motion Again
phands writes "SCO has moved to partially reopen their 10 year old lawsuit against IBM. Unbelievable! Details at Groklaw."
From the article, quoting SCO's filing: "SCO respectfully requests that the Court rule on IBM’s Motion for Summary Judgment on SCO’s Unfair Competition Claim (SCO’s Sixth Cause of Action), dated September 25, 2006 (Docket No. 782), which motion is directed at the Project Monterey Claim, and IBM’s Motion for Summary Judgment on SCO’s Interference Claims (SCO’s Seventh, Eighth and Ninth Causes of Action), dated September 25, 2006 (Docket No. 783), which motion is directed at the Tortious Interference Claims."
Don't forget to pay your $699 licensing fees you cock-smoking teabaggers!
SCO keeps coming back just like herpes. How is it that they can continue to pay lawyers (or find fools greedy enough) to fund their 'Hail Marry' legal crap?
Filed November 4th? I guess they were too busy collecting candy on Halloween. I bet they had fun in their zombie costumes frightening small children and Linux users.
They are still traded, believe it or not. The bonds issued by the old Czarist regime from almost a century ago. Every time it seems like Russia might ponder thinking about picking them up and honoring them, their value goes up. Mind you, from zero to near zero, but still.
I guess SCO is aiming for the same gambit.
We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
In 100 years when Linux rules all, the name SCO will be uttered in hushed tones like an unmentionably profane word, told to naughty children by mothers to warn them against Bad Things, and the generic name for products that burned into a black hole of public hatred... "did you see that BeegleSearch did a SCO?".
Time for the cricket bat to put this zombie down for good.
Just bought a new quantum computer, but I'm uncertain how it works.
New book, to be followed by the B-movie.
Our legal system is truly broken.
In a recent interview, Linus expresses his opinions on patents and copyrights and made the following remark about SCO and the US justice system
"SCO was a classic example of that. Where they tried to use copyrights, which turned out to be completely bogus in so many ways, and made it into a nasty legal battle. They lost badly. What was irritating about the whole thing, as an insider knowing about what they claimed was completely bogus, was that it took them 10 years to lose. It is scary. 10 years! I don't know how many hundreds and millions of dollars IBM and Novell spent on fighting completely bogus crap stuff; fighting lawsuits that made no sense. Literally it made no sense what so ever. To the point that it ended up turning out that they did not even own the copyrights that they were claiming, never mind the copyrights they were claiming weren't actually true. Christ what a chaos!"
http://www.muktware.com/news/2866
... No problem, L4D taught us how to deal with this: AIM FOR THE HEAD.
They are just bored! who knows, world's been kind of dull lately.
Shotgun blast to the head, right? But what kind of shotgun do you use for a corporation?
make imaginary.friends COUNT=100 VISIBLE=false
it wouldn't be worth it for anyone to do business with them. They have no one to blame for all the bad press they've gotten themselves.
"Pay no attention to that man behind the curtain!"
Microsoft financed the entire scam. And doesn't it fit the MS MO perfectly? MS is always abusing the legal system to hurt it's competition.
It also fit's the MS MO to pull these legal system scams by proxie. A US federal judge once accused MS of using "Tonya Harding" tactics. At least somebody in the US justice system gets it.
but now it's time to KILL IT WITH FIRE!
Double tap.
For exactly this reason
This sounds like the latest installment of the Oracle horror movie. ...and the captcha word is "anarchic"
Jack Thompson will argue that Rogue turned thousands of teenagers into serial killers.
Siblings are using their mom's old car. She doesn't care what any of them do with it. The youngest used it to sell and deliver pizza. His older brother let his friends use it to deliver free pizza in return for free pizza and free recipes. The youngest complained to dad. Dad tells him to GFY. So he complains again, and again, and again. If we are lucky we will get to watch dad beating the shit out of him on youtube.
Having to work for a living is the root of all evil.
SCO U-Boot has just fired its submarine software patent torpedo..
Not that anyone else even cares any more. Even if SCO were to somehow win everything they ask for in some parallel universe, it wouldn't affect anyone outside the USofA, and there's enough connectivity now that all the data centers running linux could just move north and south of the borders.
So who would that leave? Pretty much nobody.
The whole SCO story isn't all bad, perhaps not bad at all. It has resulted in some pretty important stuff like auditing the Linux code for copyrighted stuff, keeping developers and contributors honest to the code, and really putting these legal issues to test so the rules are clear and hardening Linux while showing that it is a serious player and that large companies can get involved. Linux as a project is absolutely better off for it. Hard times makes does that to stuff, if it doesn't kill you. I thing the battling with Apple will result in the same thing: Less copying/imitating/plagiarism and more innovating. That's what we want, isn't it? New great products, not more of the same?
- Henrik
- when the Shadows descend -
The new round of SCO claims is more laughable than the original claims. These new claims deal with the ill-fated Project Monterrey.
Way back in the late 1990s, Project Monterrey was an effort to bring a single Unix that ran on 32-bit and 64-bit. It was supposed to run on POWER, PowerPC, x86 and Itanium. IBM would work on the PowerPC part, Sequent was supposed to bring in multi-processor support, and Santa Cruz would work on IA-32. Intel would help develop Itanium support. The project became large and unwieldy at the same time Linux started gaining traction. IBM bought Sequent in 1999. IBM seeing that the future was Linux and not Project Monterrey declared the project dead in 2000 but not before making all the contributions they felt necessary to complete their end. Itanium was delayed and thus never got much traction. Santa Cruz was bought out by Caldera in 2000 and renamed themselves SCO.
As part of the agreement, all the partners would share in any development efforts. According to SCO, IBM took the Project Monterrey parts and put it in Linux. I think they may even allege they took the Santa Cruz parts. They also accuse IBM of interfering with their efforts in Project Monterrey.
Unfortunately for SCO, there isn't much evidence to support them. Project Monterrey failed because Linux was a far more attractive project with more support and more partners. Project Monterrey would at best be a niche platform especially since Itanium never took off. IBM only sold a few dozen licenses from the project where they normally sell hundreds of thousands of licenses.
Also there is no evidence that IBM took any part of PM and contributed to Linux much less Santa Cruz parts. Again SCO is vague about what parts but SMP, NUMA, and JFS are possible candidates. However all these predate PM with SMP and NUMA coming from Sequent and JFS coming from IBM's OS/2 efforts. The disagreement if the parts don't involve these revolve whether the PM license allowed IBM to take. SCO first has to identify the parts and then place them as originating from their part of PM.
To show how misguided SCO's claims are they have this bit.
The fact that Novell waived those contract claims years after the disclosures started does not diminish the impropriety of the disclosures or the damage they caused to SCO.
In laymen's terms, SCO says just because Novell waived any IBM transgression in 2003, that doesn't SCO wasn't hurt when IBM transgressed on Novell's rights. So SCO is forgetting again the fact that SCO never owned the copyrights so they absolutely no complaint in the matter between IBM and Novell. Only Novell does and they waived it. It doesn't matter when as SCO is not a party to it.
Indeed, insofar as IBM requires the waiver to avoid liability for breach of contract, Novell's waiver only highlights the wrongfulness of IBM's conduct. In addition, the Tortious Interference Claims are also based on IBM's disclosure of confidential UnixWare technologies that SCO developed after 1995 and that are unrelated to IBM's AT&T licensing agreements for UNIX.
SCO tries to imply that IBM may have transgressed on Novell thus they are likely to transgress on their claims. The problem is that SCO never had any proof that IBM transgressed on Novell at all. Novell never considered what IBM did to be a transgression. Also any transgression IBM did to SCO must be proved. They keep forgetting the "proof" part.
Well, there's spam egg sausage and spam, that's not got much spam in it.
By popular demand!
Jack Thompson is not allowed to practice law anymore so it will be interesting to watch if they did.
Well, there's spam egg sausage and spam, that's not got much spam in it.
This is NOT a drill !
For justice, we must go to Don Corleone
By Richard M. Nixon
With all the license fees MS are collecting for Android, MS was able to do directly what they were unable to do via SCO. This is about the SCO henchmen getting their cut after MS finally found an M.O. that worked.
The idea of the scox-scam was never to win a jury verdict. Nor was the idea to collect fees for Linux (I called twice, and asked to be invoiced, scox refused to do so).
The idea behind the scox-scam was to smear linux, and intimidate some people away from using linux, and to scare some companies away from contributing to linux.
Think about it: why did scox (really Microsoft) sue IBM? Why not redhat? IBM is not even have a linux distribution. The reason is: IBM had just contributed a file system to Linux. And Microsoft wants other companies to know that if they contribute to Linux, they better be ready to spend $100 million defending that decision. I would bet this tactic actually worked.
Follow the money. Who stands to benefit from smearing Linux? Caldera/Scox was a linux company. But scox made a lot more $$ accepting MS loot, than from trying to sell Linux.
I called scox two times, a few months apart, and asked to be sent an invoice. Scox refused to do so.
The first time I called, scox seemed bewildered that anybody would even call about it.
I don't understand why anyone sane would pay Microsoft one cent for using Android.
MS simply has nothing on that system. It's a signal of how broken the system is. If you are a big enough bully, you can get paid for other people's work!
And that is scary.
That they both are of a darker hue than I am makes not a jot of difference.
Along the lines of George Costanza's script where a guilty party was sentenced by a judge to be a butler, the judge in this case should sentence SCO or UnXis to complete Monterrey on just the Itanium. After all, everybody has been deserting that platform in droves, just like they've been deserting SCO, so SCO should be asked to port every piece of software they own - SCO OSE, Unixware, Monterrey, Vision and everything else - to the Itanium. In fact, sentence them to developing software for only Itanium all their lives. So that the platform, instead of being restricted to just HP/UX and Debian, will get another Unix to run on it. Oh, and make sure it's all native EPIC code - no x86 emulation or anything of that sort.
I can't think of a more fitting punishment for SCO
Where is SCO/UnXis based? Wasn't it in Santa Cruz (hence the name)?
Who would that be? Everyone currently running for the whitehouse has a political agenda, including Cain.
SCO as a company has sold most of its assets, fired most of its employees, and changed its name. They've been litigating now for nearly 10 years, with little to show for it. During this period McBride ran a previously well-regarded company in to the ground. Here the thing I find most strange is that the owners didn't step-in earlier to remove McBride and his army of cunts. How do companies have any reasonable expectation of reclaiming costs of such an extended period of legal bullshit when the plaintiff appears willing to continue suing while they still have enough money to buy tea bags for the office? IBM can absorb this, smaller business could not. Where does this end? Can a judge at some point tell SCO's lawyers to fuck off. For bonus points, is there a legal way to have McBride kicked to death by his own grandchildren?
Surely a corporation that is literally not able to do anything but dredge up old lawsuits that have already been adjudicated to death cannot be seen as being for the public good. Just revoke the charter and be done with it.
Besides that, shouldn't they have already put everything including old business cards and leftover trade show swag up on ebay to pay their existing debts? Where/how does SCO have any money to pay someone to oversee this crap? Surely at most they should have one person (working from a home office) part time to oversee the shutdown.
Linux was designed badly from a big picture perspective, which is why I never wanted to use it in the first place over a decade ago, but I did anyway in the end for social reasons (things can be useful, even when you know what a mess they are designwise comapred to what they could have been). Linux's design prioritized raw machine processing efficiency over human efficiency -- to begin with, by having a monolithic kernel. That mindset flowed into other applications, but the example was set by the kernel. So software ran a little faster -- but only when it ran, and it often did not for one random breakage or other. And kernel maintainers have said they could care less how much suffering they cause other programmers by incompatible changes (which they probably would not have had so many without being monolithic as well as not message-passing-oriented). UNIX was already obsolete when it was cloned compared to QNX, NeXT, BEOS, and so on. And Smalltalk still had a better model in many ways from the very start decades ago (message passing, virtualization in terms of a VM). Even just Forth might have been a much better model than Linux for a kernel and a module system.
Anyway, I've been using computers for thirty years (since the KIM-1) so I'm agreeing with you. And I'm mostly using Macs these days -- even though I'd rather use some really cool virtualized thing based around message passing (maybe Squeak-ish someday).
Still, for many people it is still fun, so things keep going. And "worse is better" up to a point, especially when driven by social adoption and related job opportunities. Sad.
Still Ubuntu these days seems to have rounded off many of the sharp corners of GNU/Linux (at least 10.04).
A 21st century issue: the irony of technologies of abundance in the hands of those still thinking in terms of scarcity.
SCO Zombie Creaks Into Motion Again.
SCO has moved to partially reopen their 10 year old lawsuit against IBM. Unbelievable! Details at Groklaw.
In other news...
Groklaw Zombie Creaks Into Motion Again
Groklaw has moved to partially reopen their 10 year old grudge match against SCO. Unbelievable! Details at SCO. ...
I predict endless bleatings of Slashdotters and Groklaw peeps who will fail to recognize that they, as much as anything else, served to hyper-extend the original SCO saga by their vigilant, err, vigil on all things about the case.
Will some IBM lawyer kindly put a shotgun shell through this zombie's head once and for all?
Buy SCO's client list, disband SCO's board, take away their DNS entries and set Derle's tomb on fire so we can be done with this crap.
MSBPodcast.com The opinions expressed here are my own. If you don't like 'em... Think up your own stuff.
You-know-who, who-must-not-be-named?
"Waste not one watt!" - CZ
They must be feeling lonley with all these patent violation claims that are tying up the justice system these days
Someone must be responsible for the filing of this - an actual person (whether nestled inside an entity of other schrubs). Will someone just double tap these fuckers and get it over with, please?
http://spotibot.com/track/3Be6KHyD9kmAaLVoW3itWV
After your comment, its kinda obligatory. Couldn't find it on Youtube, what is the world coming to?
"The first time I got drunk, I got married. The second time I bought a chimpanzee, after that I stayed sober" Arian Seid
I have to agree. The only people who benefit from this in any substantial way is Microsoft, and the legion of lawyers their money paid for to run this lawsuit for 10 years. The purpose was to tarnish Linux and Open Source in general. Now someone at MS has ponied up some more cash to run a second scam, ^H^H^H lawsuit and they will likely try to drag it out as long as possible.
I would love to see some company buy up SCO then opensource all their code, and publicly display all their documents, all their bankrecords, employee histories, legal documents, business agreements etc. Then we could see all of the machinations behind the lawsuits, and perhaps follow the money back to Microsoft.
"The first time I got drunk, I got married. The second time I bought a chimpanzee, after that I stayed sober" Arian Seid
Two man scam. Darl deliberately drove somebody else's car (SCO) into a brick wall (IBM) and took it to his brother's panel shop. I've got no idea how many millions were funnelled out of SCO into his brothers legal firm but that's the way the cash was channelled.
Of course there's also stock manipulation, resume building (I'm the guy that took on IBM and would have won too if not for those meddling kids and their penguin!), relatively small amount of money coming in from Microsoft who saw they could get a bit of advantage out of the chaos - plus Amityville Horror and Fake Steve Jobs "journalists" stirring the pot for hire. Give it a few years and we'll see Darl pull a similar stunt elsewhere.
Project Monterrey was an effort to bring a single Unix that ran on 32-bit and 64-bit. It was supposed to run on POWER, PowerPC, x86 and Itanium.
That sounds like Debian, Gentoo, or NetBSD.
Maybe you meant that SCO is burying the courts in paper Feces.
My first Journal Entry ever, in 8 years! http://slashdot.org/journal/365947/aphelion-scifi-fantasy-horror-poetry-webzine