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SCO Files Suit Against Novell Over System V Ownership
Posted by
michael
on Tue Jan 20, 2004 04:35 PM
from the send-lawyers-guns-and-money dept.
from the send-lawyers-guns-and-money dept.
nadamsieee writes "Yahoo! Finance is carrying a press release from SCO that details a new lawsuit against Novell for "Slander of Title". It looks like SCO has finally ditched their failing product line in favor of 24/7 litigation and PR work." To recap: Novell and SCO have a lengthy correspondence over the meaning of the contract between the two companies, Novell registers a claim with the U.S. copyright office over the code in dispute, SCO files this suit in response. Update: 01/20 23:04 GMT by M : SCO has placed their complaint (pdf) online.
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SCO Files Suit Against Novell Over System V Ownership
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Go Get 'em, Darl! (Score:3, Funny)
(http://www.grub.net/blog/index.html | Last Journal: Wednesday June 27, @08:48AM)
Pssst, Darl.. Some 17 year old punk named Mike Rowe [mikerowesoft.com] is running his website on Linux! [netcraft.com] You better file suit against him, too!
It's about time. (Score:5, Interesting)
(http://www.dragonswest.com/ | Last Journal: Monday November 05, @07:35PM)
Pssst, Darl.. Some 17 year old punk named Mike Rowe is running his website on Linux! You better file suit against him, too!
Don't get him started. There's probably some kid out there S. C. Oh with a website...
Re:It's about time. (Score:5, Informative)
(http://www.grub.net/blog/index.html | Last Journal: Wednesday June 27, @08:48AM)
Re:Go Get 'em, Darl! (Score:5, Interesting)
I just figured I'd give a heads up to SCO's job opportunities page [sco.com]. If you'll notice the very first opening is for a Senior Software Engineer in India with the following job description:
Design and develop systems-level software for Linux and provide systems support by performing the following duties:...
I'm not making it up. Doesn't this sound really fishy/stupid?
Re:Go Get 'em, Darl! (Score:5, Interesting)
(http://www.pembers.net/)
I detest offshoring as much as the next rabid Slashdotter, but that's one job the Indians are welcome to!
Has anyone else noticed that SCOX are also looking for a "Director of Financial Reporting and SEC/GAAP Compliance", among whose responsibilities are "Financial reporting of quarterly and annual results in accordance with SEC rules and regulations." This has been listed since 8 December 2003, or over six weeks. I wonder why the last one quit? Could it be because there are some things even accountants won't do?
Re:Go Get 'em, Darl! (Score:5, Funny)
(Last Journal: Monday August 20, @06:53PM)
(1) Apply for the job.
(2) Get the job. (Might not be trivial.)
(3) When in the job, don't sign anything that isn't true.
(4) SCO fires you (because they can't publish true financial statements.)
(5) Sue SCO for wrongful dismissal.
(6) Get to show in court that they fired you for refusing to act illegally.
(7) PROFIT!
Of course, sometime between (5) and (6) SCO ceases to exist due to other court cases, so (7) never happens.
We don't need no stinkin product! (Score:5, Interesting)
(http://prometheus.med.utah.edu/~bwjones/ | Last Journal: Wednesday November 28, @05:15PM)
Re:We don't need no stinkin product! (Score:5, Funny)
(Last Journal: Monday November 21 2005, @12:45PM)
Re:We don't need no stinkin product! (Score:5, Funny)
(http://www.writetothem.com/)
Specialists? If they are specialists, I'd hate to see what damage PR amateurs could do to a company.
Re:We don't need no stinkin product! (Score:5, Funny)
"I work for SCO"
I just shouted that out loud while sitting at my desk. You were right--I am embarassed.
The One Product to Stop SCO FUD (Score:4, Funny)
Lie detector glasses that work on press releases, coming soon from Nemesys-co!
Re:You must remember... (Score:5, Informative)
Getting history straight on this whole convoluted mess is not the easiest thing in the world. But seeing some of it first hand helps...
Re:You must remember... (Score:4, Informative)
Caldera as a company was split shortly before filing suit - it was split into (at least) Caldera and Caldera Systems. Caldera Systems was the Linux part, Caldera was a holding company that existed solely to sue Microsoft. In fact, they filed suit against Microsoft the very day they purchased DR-DOS from Novell...
Apparently Caldera Systems as a compnay didn't profit from the MS settlement at all (only Caldera stockholders did, MS nemesis and Novell co-founder Noorda chief amongst them), but their IPO was on the exact same day Caldera announced the MS settlement, hehe...
The parallels are eerie though...
1. Buy "dead" technology from Novell...
2. Sue
3. Profit!
Re:You must remember... (Score:5, Informative)
(http://www.ranea.org/watts)
Caldera as a company was founded with the sole purpose of suing Microsoft over DR-DOS.
Unless you have insider evidence that proves otherwise, that's simply not true. Caldera was founded in 1994 [caldera.com] by the programmers who were working on Novell's original Linux product in the early '90s, which Ray Noorda wanted to bundle with DR-DOS and make a "Windows 95 killer" before Windows 95 got to market. Infoworld did a fair amount of reporting on this back in the day, referring to it as "the Corsair Project." Caldera's original web site talked about this project originally, and had internal logos that they were using for the project, although they were referring to it as "Expose." When Noorda was forced out and the project was canned, the programmers took what they could and built a Linux distribution from it.
Caldera acquired DR-DOS in 1996 [drdos.com] from Novell, and Novell had already laid out the groundwork for the litigation, which they had chosen not to pursue. Caldera did pursue it, and frankly, they were right to. At the time, I can assure you the general feeling on Slashdot was, "Yeah! You go!" Seven or eight years ago, these were the good guys. Caldera certainly wasn't sitting around and waiting for a big payoff, though--they were actively developing both Caldera Network Desktop and embedded systems based on Linux and DR-DOS.
Last but not least, what you really must remember is that the current SCO Group has no executives, no products--and quite possibly no employees at all--in common with Caldera Systems. For all practical purposes, they're a completely different company.
Re:We don't need no stinkin product! (Score:5, Insightful)
Meanwhile, they will be able to extor...er, persuade others to buy into that phantom ip litigation insurance and continue to pump up prices so that they can all sell their shares and get to the bahamas by next winter.
Hopefully Novell will file a motion to keep them from selling snake oi...er ip litigation insurance. Best of luck Novell. Make it quick please.
Maybe, but the discovery can still go on. (Score:4, Interesting)
Then, the legal agreements regarding that material can be judged. It might be that SCO doesn't even have a case against IBM, even if SCO did have the patents.
SCO should get a hold on the IBM case only after SCO has shown what was "stolen" and the contracts have been found to support SCO's case and the "stolen" material is part of the Novell case.
IANAL so feel free to ignore me.
So If You're Keeping a List.. (Score:3, Interesting)
(http://w1rww.homelinux.net/)
Re:So If You're Keeping a List.. (Score:5, Funny)
(http://www.supergameworld.com/)
"We cannot sit idly by and let our company steal source code from ourselves. Therefore, SCO is suing users of Caldera Linux, as they have apparently infringed upon use of SCO's UNIX source code. We decided oh, 8 billion would be about right."
Re:So If You're Keeping a List.. (Score:5, Funny)
(http://shortcircuit.us/ | Last Journal: Sunday October 14, @02:01AM)
last ditch effort before their plan blows up (Score:5, Interesting)
(http://www.submarinefund.com/ | Last Journal: Saturday April 09 2005, @12:14PM)
Could this be a last ditch effort to bump their stock so they can sell the last few shares...
Re:last ditch effort before their plan blows up (Score:5, Informative)
SCO did file stuff, but some of it was "You told us we couldn't ask for anything from IBM, but we won't give IBM what it wants until we get what we want", and more of it was "Oh, gee, our executives don't give a damn about a $3billion lawsuit -- they went away for Xmas, and we couldn't reach them. Too bad."
The hearing on Friday should be very interesting.
Re:last ditch effort before their plan blows up (Score:5, Funny)
Re:last ditch effort before their plan blows up (Score:4, Funny)
I kept the name, though.
Re:last ditch effort before their plan blows up (Score:5, Funny)
Really? Some flying pigs told me it was a momentarily lapse of reason.
[WHACK] Ow! What was that for?
My nomination (Score:5, Funny)
(http://www.thewillards.us/)
This press release contains forward-looking statements regarding SCO's lawsuit against Novell.. . . These forward- looking statements are subject to risks and uncertainties including, without limitation, the risk that SCO may not be successful in its claims against Novell and that the pursuit of protections for SCO's copyrights will require the expenditure of resources and may result in further litigation.
They have my nomination for understatement of the year (& it's only January). Second, anyone?
It's a bad sign when you start putting disclaimers in your press releases.
Re:My nomination (Score:5, Funny)
(http://slashdot.org/)
The SCO Group (Nasdaq: SCOX - News) helps millions of customers in more than 82 countries to grow their businesses everyday. Headquartered in Lindon, Utah, SCO has a worldwide network of more than 11,000 resellers and 4,000 developers. SCO Global Services provides reliable localized support and services to partners and customers. For more information on SCO products and services, visit http://www.sco.com
Re:My nomination (Score:5, Informative)
You know I believe that...it's just that none of them sell anything. I just had some consultant buy me lunch and she was telling me about how they are resellers for a whole bunch of companies including SCO. I asked her what the deal was with SCO to see what they are telling their resellers...she said they are not really talking much to anybody about anything, and her company (one of the bigger independent IT outsourcing companies in the midwest) hasn't sold a single SCO product in over a year. She said from her chair, she wouldn't notice if they fell off the face of the earth.
I thought that was kind of funny....and kind of telling.
They're required to put disclaimers (Score:5, Informative)
I realize you may be joking but in the interest of being sufficiently pedantic, SCO actually is legally required to put disclaimers like this in. Whenever a company releases information about the managament's expectations for future events they have to identify "forward looking" information with a disclaimer like this. If they do not put this sort of disclaimer in the press release, the could be subject to discipline by the SEC or shareholder lawsuits. (I know, I know, that would be a good thing here...) SCO is just following the law and giving investors a disclosure of risks.
In other words nothing to see here. Move along...
funding (Score:5, Interesting)
(http://yarbles.poptart.net/ | Last Journal: Tuesday April 01 2003, @02:13PM)
Looks like another publicity ploy to divert attention from the amended S3 filings they made last week that announced all the risks they "forgot about" in the original filing.
Re:funding (Score:5, Informative)
Funny thing is, a friend of mine actually does use some of the documents SCO filed to point out common, silly mistakes to his class, which in fact consists mostly of first year law students.
Ah, what would we be doing all day long without Darl the Bride and his litigation clown department..?
Lie detector glasses (Score:5, Funny)
(Last Journal: Sunday May 20 2007, @11:56AM)
Re:Lie detector glasses (Score:5, Funny)
(http://gazonk.org/~eloj/ | Last Journal: Tuesday June 07 2005, @01:18PM)
You mean it is in fact a lip-moving detector?
Geek: "Please speak into this, Darl."
Darl: "We own th..."
Speech-Synthesizer: LIAR! LIAR!
With apologies to the Simpsons (Score:5, Funny)
(Last Journal: Wednesday December 13 2006, @06:43PM)
McBride: Yes.
(The polygraph explodes.)
Re:Lie detector glasses (Score:4, Funny)
(http://www.etoyoc.com/yoda | Last Journal: Tuesday June 10 2003, @10:53AM)
Re:Lie detector glasses (Score:5, Funny)
(http://www.chriscanfield.net/)
Daryl: No!
Machine: -Bzzp-
Daryl: Alright, alright, I do. But I did buy the rights to System V from Novell!
Machine: *Ding!*
Agent: He checks out. OK, Daryl, you're free to go.
Daryl: Good, cause I got a hot date tonight.
Machine: -Bzzp-
Daryl: A date.
Machine: -Bzzp-
Daryl: Dinner with a friend.
Machine: -Bzzp-
Daryl: Dinner alone.
Machine: -Bzzp-
Daryl: Watching tv alone.
Machine: -Bzzp-
Daryl: AlRIGHT, I'm going to sit at home and oggle the ladies in the Victoria's Secret Catalogue.
Machine: -Bzzp-
Daryl:
Machine: *Ding!*
Daryl: Now will you unHOOK this already please, I don't deserve this kind of shabby treatment.
Machine: -Bzzp-
SCO states that... (Score:5, Insightful)
Now, that's the pot calling the kettle "black".
Intellectual Property = Document Not Found (Score:5, Funny)
(http://kisrael.com/)
Figures.
Re: Intellectual Property = Document Not Found (Score:5, Funny)
> Figures.> Heh. I followed that "failing product line" link for a lark. Then on the side bar I clicked the "Intellectual Property" link...
Did you look on the IBM site? Maybe they stole the IP document along with the source code...
BSA? (Score:5, Interesting)
(http://orangelist.com/)
Re:BSA? (Score:5, Informative)
(http://www.paulmischler.com/)
Re:BSA? (Score:5, Funny)
(http://slashdot.org/~MuParadigm/journal/ | Last Journal: Tuesday September 09 2003, @06:23AM)
Maybe Bill will buy Darl a membership for Valentine's Day.
Re:BSA? (Score:4, Insightful)
(http://www.livejournal.com/users/sinistertim101 | Last Journal: Saturday March 24 2007, @12:32PM)
Do not give SCO any idea's. Darl McBride reads
If anything would kill Linux raids surely would. Non techie VP's would not care what the outcome of the case is. All they know is the IT director who installed Linux needs to be fired.
Microsoft is funding SCO and they are a member of teh BSA. They could easily arrange something. It would not supprise me.
GPL Issues (this is /., we're all lawyers here :) (Score:4, Interesting)
Get real ... (Score:5, Funny)
(http://people.connexer.com/~roberto)
SCO to IBM: "Hold on a sec while I go and steal something from this guy so I can say you stole it from me."
I bet that will fly.
The article calls SCO... (Score:4, Funny)
BAHAHAHAHAHAHAHAH. Funny one PR... funny..
SCO will last a long long time. (Score:5, Interesting)
And when their stock finally takes a plummet back under a dollar... they'll sue their investors and anyone who ever traded on them!
I guess it's a smart move by them to get in first before Novell acted. If Novell had acted in suing SCO for claiming to own Novell's UNIX when they didn't, it would give the worldwide impression that SCO is using IP illegally. As SCO has taken the first step of taking legal action against Novell, it now looks all the more (even if only to the clown troup of DiDio and Deutschebank) like SCO is the one working to protect THEIR ip.
Re:SCO will last a long long time. (Score:5, Informative)
Disclaimer: IANAL, nor do I play one on TV.
Re:SCO will last a long long time. (Score:4, Funny)
(http://www.blissx.co.uk/)
Re:SCO will last a long long time. (Score:5, Insightful)
> a violation of a court order.
But is there anything that can be done to SCO directly when it comes to violating a court order? What's the worst? a fine? the case is kicked out? They'll still keep suing and litigating and making press releases until there's no more money to do so, or they're forced to shut up about their claims by whatever part of the legal system can do so. So far they've played very close to the edge with respect to real legal action, and it's all been "we are going to sue" and "we have a licence ready to sell" and "you will need indemnification", but they haven't done more than that. So far, that's all press release, but it's a very effective way of spreading FUD, and they can keep that up for a long time.
The cynic in me believes that when January 23 comes around and SCO haven't fully complied with the court order, the judge will nevertheless grant them some leeway, and it'll be another few months until SCO has to again cough anything up. They'll keep up the press releases in the meantime, for sure.
Re:SCO will last a long long time. (Score:4, Informative)
(Last Journal: Sunday November 27 2005, @02:29PM)
Watch IBM put forth a motion to dismiss.
Plain Stupid (Score:3, Insightful)
Re:Plain Stupid (Score:5, Insightful)
(http://slashdot.org/ | Last Journal: Monday October 06 2003, @09:20AM)
Overrulling power of Novel (Score:3, Insightful)
(Last Journal: Sunday May 20 2007, @11:56AM)
Re:Meh (Score:4, Interesting)
rant (Score:5, Funny)
(http://crumplertech.net/ | Last Journal: Thursday February 22 2007, @03:50PM)
What do you have the best chances of seeing this year?
A) - The Easter Bunny
B) - Cupid
C) - SCO's compelling evidence against Linux.
D) - Another John Woo movie, including his signature cinematic touches such as; crossed guns, the boot, the villain's outer garment whipping in the wind, and, oh yeah.....those fucking birds !!!
Answer D - BECAUSE THE REST ARE FUCKING FIGMANTS OF YOUR IMAGINATION.
yeah, that's it (Score:5, Funny)
aaahahhahahahahaha. *breath* aahehehehahahehe
yeah sure, Novell was the cause of the irreparable harm! ahahahhahahahe!
Wow (Score:5, Funny)
(http://homestarrunner.com/)
Finkployd
Re:Wow (Score:4, Insightful)
(http://www.cityofhope.org/microseq)
But filing suit against Novell actually makes the situation worse, rather than better. Before the suit, a Linux user could only point to the possiblility of SCO's ownership being contested as an argument. Now they can point to an actual suit on the issue. There's no way that SCO can possibly sue anyone else until their suit against Novell is concluded.
The only possible legal benefit I can see for SCO from this is a source of potential delay in their suit against IBM. If they can somehow argue that their suit against IBM should be continued eventually but that the ownership issue with Novell has to be cleared up first, they can get another indefinite delay. Since the IBM suit seems likely to run into trouble otherwise, and delay seems to be the name of SCO's game these days, that seems like the only short-term upside.
Re:Wow (Score:5, Funny)
I believe you mean 'expanding their core business'.
Re:Wow (Score:5, Insightful)
(http://slashdot.org/)
And therein lies the rub.
Think about it - SCO knows that they're in shit, and that they're on the verge of having the suit thrown out.. so enter...
the obvious pump-n'-dump scheme
If you're running a stock scam, and the whole thing is based on a frivolous lawsuit, and that lawsuit is about to come to an end, what would you do?
Answer: do anything you can to keep the case in limbo - including filing another lawsuit and using that as an excuse to delay proceedings.
IBM's discovery demand listed all SCO-owned source code in Linux (whether it was put there with SCO's authorization or not.) Since Novell contests what SCO owns, SCO can now go to the court and say "we can't answer number 12, because the code in question is being contested under another suit."
My guess is that SCO will show up on Friday and ask for the case to be put on hold until their suit against Novell is settled.
Whirlpool business tactics (Score:5, Informative)
(Last Journal: Friday April 27 2007, @02:20PM)
SCO's updated SEC documents found it necessary to state that they can't afford to pay their lawyers in cash, so they're using stock instead. So it makes a lot of sense to take on a new lawsuit... Oh, except they have to, to defend their other lawsuits.... And they don't seem to be noticing anything *wrong* here. Either they or us are missing something.
Simon
Next: IBM lawsuit on hold while this plays out (Score:4, Interesting)
Re:Next: IBM lawsuit on hold while this plays out (Score:5, Insightful)
(http://forums.boiledfrog.us/ | Last Journal: Friday February 21 2003, @01:08PM)
Redhat's claims have nothing to do with who owns the property rights to UNIX, and IBM's case is nearly at a close, and doesn't really hinge on whether or not SCO owns UNIX - they've gotten this far, they're surely not going to suspend the case until the Novell/SCO case builds up for a matter of months, etc.
As soon as one case concludes against SCO, SCO is pretty much done for. It doesn't really matter which one, and IBM's is the one that is closest to closure at the moment. Why not let it finish, instead of shutting it down?
SCO stock goes up? (Score:5, Interesting)
http://ichart.yimg.com/y?s=NOVL&z=b&t=1d&c=SCO X [yimg.com]
A couple of minutes later, however, prices were back at the level as they were before.
Last gasp (Score:5, Insightful)
(http://slashdot.org/)
Looking at the correspondence Novell's put up, and given that SCO has acknowledged paying Novell royalties for SysV recently, it's hard to see how they can be serious. We can only hope that the judge here doesn't allow McBride & Co. to drag out the disclosure process as they have in the IBM case.
SCO delenda est!
countersuit (Score:5, Insightful)
to cause customers and potential customers ... (Score:3, Insightful)
No, Darl. It's all of the false statements that YOU have made that is causing customers and potential customers to not do business with SCO.
SCO Stock Price and the Linux Lottery (Score:4, Insightful)
(http://davenjudy.org/)
Yeah, it sucks. The really scary thing is that this "system" works better than anything else that has been tried. Live with it.
Proposal to add new word to the english lexicon (Score:5, Funny)
(http://www.perlworks.com/ | Last Journal: Monday January 06 2003, @05:06PM)
Business Development? (Score:3, Funny)
"About SCO
The SCO Group (Nasdaq: SCOX - News) helps millions of customers in more than 82 countries to grow their businesses everyday"
And of course it must be true, many (but not sure if it is millions) of lawyers grow their business with help from SCO. Not to mention news services and
SCO is (Score:5, Funny)
Re:SCO is (Score:5, Funny)
(http://www.ourmedia.org/user/38299)
Use " " instead of "/" to get unbroken phrases. This method doesn't seem to be working from inside a Slashdot comment, however. You'll have to copy and paste:
http://www.sco.com/We smoke crack/
Be creative and have fun!
SCO's next target for lawsuit (Score:5, Funny)
SCO's next lawsuit target CmdrTaco's Aunt Tilly for her recipe for Scones since the first three letters in it are SCO. Aunt Tilly gives SCO the finger and states "Come near me and my recipe book and I'll let you have it with a rolling pin you bastards"
Phoenix
Just wanted to remind people.... (Score:5, Interesting)
Remember, link link link!
Re:Just wanted to remind people.... (Score:4, Funny)
(http://metricnut.com/)
A Better Version of the Asset Purchase Agreement (Score:5, Informative)
The asset purchase agreement in a much more readable form than the scrambled PDF on SCO's site:at Groklaw [groklaw.net]
I don't think I've seen attachment E before, but it appears to be a list of documentation, not software. I wonder if SCO thinks that owning the documentation for the ABI gives them ownership of the ABI itself?
SCO running on PR fumes (Score:5, Interesting)
Novell's been doing a pretty good job harrying SCO's flanks to the point where SCO is probably getting nowhere selling "licenses". They HAD to sue Novell to keep the pretense up.
I've noticed that their PR releases don't list a PR agency anymore. I used to work for a PR firm and usually they'll handle or coordinate media queries. Being done in house now. Hmmmm.... Maybe they can't find a flack who'll touch them.
My guess is that it's all about the stock price now but... The PR machine is losing steam. Like a junkie they need more drugs/PR to keep going.
Don't worry about the stock price, that's trailing news. There's so little stock being traded relative to amount outstanding that it doesn't take much to support it and the press releases are getting less effective. It'll crash rather spectacularly when there's a completely adverse opinion in one of the cases.
Friday will be fun to watch!
heir to the throne of the kingdom of idiots (Score:5, Interesting)
(http://slashdot.org/)
In the words of Londo Mollari: "only an idiot fights a war on two fronts; only the heir to the throne of the kingdom of idiots would fight a war on twelve fronts."
I think that we have found the heir to the throne of the kingdom of idiots. I have lost track on how many entities they are really going after and how many they are threatening to go after.
What does this have to do with Linux? (Score:5, Interesting)
What does a copyright violation case between Novell and SCO have to do with Linux?
Save it for the judge pall, I know we slashdotten have uber legal skills, but thank your lucky stars that it won't be up to us.
Seriously though, why point out Linux users specifically? Why not just leave it at "public" instead of "public and... "
SCO and lawyerfriends are now just perpetuating a flame war.
Wait a sec... (Score:3, Interesting)
Everybody who thinks IBM's lawyer's bust out a Big Blue Grin when this came out, raise your hand.
Who Settles First? IBM or Novell? (Score:3, Interesting)
If only Novell could have pulled the plug.. (Score:3, Insightful)
(Last Journal: Monday January 26 2004, @07:19AM)
yeah right (Score:3, Funny)
(http://www.macosxhints.com/)
like SCO has a reputation to uphold at this point...
The Technical Term Is... (Score:4, Insightful)
(http://www.speakeasy.net/~sbrinich)
projection (pr&-JEK-sh&n): The attribution of one's own attitudes, feelings, or desires to someone or something as a naive or unconscious defense against anxiety or guilt.
From The Law Firm Of Carly Simon (Score:5, Funny)
You're so vain, I'll bet you think that OS is about you
Don't you? Don't You? Don't You?
SCO had some dreams they were flushed down the toilet, flushed down the toilet, and...
Now I KNOW Linus was right (Score:5, Funny)
If Novell is the 400lb cousin of the 800lb gorilla, then SCO just shot it with a BB gun and is expecting it to drop.
If you locked John Grisham in a room blaring Rage Against the Machine and hooked him up to an IV drip with LSD filled in the bag and gave him some Nicotine gum to chew and no sleep for 10 days, he wouldn't come up with this mess in a million years.
What goes around comes around. (Score:5, Insightful)
(Last Journal: Monday September 25 2006, @01:19PM)
Copyright violators suing for copyright violation.
Contract violators suing for breach of contract.
Royalty stiffs (withheld payments from Novell) sending fraudulent invoices for royalties.
And now they're slanderers suing for slander. Though technically it's libel.
The APA Excluded List (Score:3, Interesting)
(Last Journal: Sunday September 02 2001, @01:23PM)
V. Intellectual Property:
A. 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. However, in no event shall Novell be liable to SCO for any claim brought by any third party pertaining to said copyrights and trademarks.
B. All Patents
So unless SCO can show that they need these copyrights to exercise it's rights to UNIX (not likely since they just admin the licenses), and UnixWare (they might have a case here) rights, and that they have asked Novell to give them up, they are totally talking out their ass.
Press Release Came Quick (Score:3, Insightful)
(http://www.manu.com.au/)
From internetnews.com [internetnews.com].
In other words, SCO is issuing press releases within hours (maybe minutes) of filling lawsuits. Certainly before even discussing these matters with Novell. Surely that's not normal behaviour.
There's a running joke on Groklaw that SCO is using press releases and lawsuits as a foul form of free advertising. Unfortunately I'm not finding the joke very funny anymore.
SCO claims Novell is ruining their reputation?? (Score:5, Insightful)
(http://heronsperch.blogspot.com/ | Last Journal: Tuesday November 01 2005, @09:00PM)
and UnixWare copyrights has caused SCO irreparable harm to its
copyrights, its business, and its reputation.
I thought they were doing a fine job of ruining it all by themselves.
GJC
SCO sues Novell, but won't disclose its copyrights (Score:5, Informative)
SCO sues Novell, but won't disclose its copyrights in Linux, even though it has to defy a court order.
In its press releases and letters to its customers, SCO claims that violations of its copyrights are in the Linux kernel. On December 5,SCO's lawyer, Keven McBride, said in court that SCO would be filing copyright claims against IBM. He also objected to the requirement to specify copyrights, but, after the judge insisted, said that SCO would comply. SCO was compelled by court order to answer ALL IBM questions with specificity by January 12. One of those questions was:
INTERROGATORY NO. 12: Please identify, with specificity (by file and line of code), (a) all source code and other material in Linux (including but not limited to the Linux kernel, any Linux operating system and any Linux distribution) to which plaintiff has rights; and (b) the nature of plaintiff's rights, including but not limited to whether and how the code or other material derives from UNIX.
On 1/12/04, SCO responded with an affidavit, a 60 page supplemental response, and some documents. Like everyone else, except IBM, I am still waiting to see the 60 page supplemental response, but I have additional information from public statements by SCO.
On 1/13/04, in the interview "SCO shows IBM the code", SCO spokesman Bruce Stowell said: "Monday's response included no examples of copyright violations. We've not introduced copyright infringement as part of our case with IBM. We've tried to make it clear that it's a contract issue."
SCO could have made arguments like this before it was ordered to respond to IBM's questions without further discussion. Now it's too late.
The order said to identify all rights that SCO claimed. It was not limited to rights that SCO was currently claiming as part of its suit against IBM, and, in my opinion, even includes the code contributed by SCO to Linux.
If, as Stowell said, SCO did not specify any copyrights that it owns in Linux, then either it is not claiming to own any such copyrights, or it has not complied with the court order.
If SCO now officially declines to claim ownership of any such copyrights, then it is hard to see how they could claim them in any later suit against a Linux user or distributor.
If SCO does claim ownership of any copyrights in Linux, it has blatantly defied the court order, and the judge can order sanctions. My guess is that part of the sanctions would be to bar SCO from suing anyone on any claims that it failed to specify in its 1/12 response to the compel order. The judge might also order SCO to show cause why it should not be held in contempt, and why it should not suffer sanctions for failing to comply with the order.
I wonder if SCO will now claim that it does not own any code in Linux, but it owns the copyrights that Novell claims. It would be typical of the way SCO has been making and revising claims.
Another smart move by scox (Score:3, Interesting)
Slashdoters who think scox is stupid don't know what they're posting about. This is a great scam. When Darl first took over as ceo, the share price dropped to $0.60! Now the share price is 25X that. Is that your idea of stupid?
Scox-scam going strong for just under a year, so far.
Aust firm tells SCO to detail evidence (Score:4, Informative)
(http://www.perlworks.com/ | Last Journal: Monday January 06 2003, @05:06PM)
I really think Linus should file a similar suit. He has been slandered and the proof is in the public domain. If SCO fails to deliver the goods on the 23rd - case closed. If nothing else he could donate the judgement to some worthy cause like groklaw, OSDL or FSF.
Re:Most important case (Score:5, Interesting)
(http://www.renownrepulse.com/)