SCO Uses 3rd Parties To Spread Claims In Germany 236
kryonD writes "According to this Computer Weekly article, SCO is no longer allowed to spread their FUD in Germany. This wasn't even a court or government order, but an out of court settlement with a small company. They even get 'fined' EU10,000 by the company for every breach of the settlement. Although, it appears from the article that SCO is side-stepping the agreement by commissioning 3rd party firms to spread their FUD for them. The settlement happened last month, but this is the first I have heard of it. I wonder what made them back down so quickly."
We mentioned the settlement earlier this month (including prohibitions on making certain claims); the news is the attempt to circumvent it.
Require licenses (Score:4, Funny)
Re:Require licenses (Score:2)
Re:Require licenses (Score:5, Funny)
"SCO Group's (Nasdaq: SCOX) lawsuit against the Linux industry has produced what could either be a profitable new market niche or a spectacular new scam: open source insurance....a New York-based start-up called Open Source Risk Management has decided to sell insurance to companies using open source software that fear they may be sued."
Funny, the media didn't recognise is as a scam when HP did it.
Finally!! (Score:5, Funny)
A SCO story! It's about time!
And if you liked this one... (Score:5, Informative)
Re:And if you liked this one... (Score:5, Interesting)
Also, it appears that SCO insiders now own less than 50% of the stock, while institutions own a like 40% and over 10% is in private hands.
So, unlike the last time that SCO was trading as a penny stock, it might be possible for some enterprising company to just buy a controlling share for 60 million and be done with it.
This is unless the instituational holders have some vested interest in seeing debacle continue. I would think that it there are several two and three letter companies that might be willing to pay a significant premium to make SCO go away.
Re:And if you liked this one... (Score:2, Funny)
Re:And if you liked this one... (Score:5, Insightful)
Re:And if you liked this one... (Score:2)
Yep. You said it.
Re:And if you liked this one... (Score:2)
Re:And if you liked this one... (Score:5, Interesting)
Re:And if you liked this one... (Score:2)
Re:And if you liked this one... (Score:5, Interesting)
In fact, it is not unusual for management to exercise options and sell the stock. Most want to diversify their portfolios. Also, they sell to buy a new house, pay kid's tuition, etc.
Re:And if you liked this one... (Score:5, Funny)
Fast boat, plane tickets, new passports...
Re:And if you liked this one... (Score:2, Interesting)
Re:And if you liked this one... (Score:5, Insightful)
What the Linux community needs is a solid defeat of their suits - not a lucrative buyout triggering golden-parachutes for the execs.
If all it takes is a couple empty threats to sell for tens to hundreds of millions of dollars, it's the wrong message to send.
The Needful Thing... (Score:3, Funny)
is a perp-walk for Darl. And eventually a horny roommate named Bubba. (Uh, for Darl, that is...)
Get Rich Quick - SCO/Fermion style. (Score:4, Funny)
Great precident.
Re:Get Rich Quick - SCO/Fermion style. (Score:2)
Sounds like sound Slashenomics to me.
Re:And if you liked this one... (Score:3, Interesting)
Depends on which side that company is on ... What if Microsoft decides that SCO can't survive like this and buys it to put a bit more muscle behind SCO's case?
Here's who wants to see the SCO debacle continue.. (Score:3, Insightful)
Re:And if you liked this one... (Score:3, Insightful)
IBM? Forget it. If IBM wanted to pay to make scox go away, IBM would have done so a year ago. Now, IBM has scox on the ropes, and is
Re:And if you liked this one... (Score:2, Informative)
Just keep in mind that "declaratory judgement" != "summary judgement". IBM is asking for a declaration that it is not violating any of SCO's copyrights.
Such a judgement would be a huge win, but it won't be the end of the case. It also wouldn't end the other lawsuits SCO has, because those realy aren't Linux lawsuits, despite what SCO would have you believe (ok, Linux is a component of the AutoZone
When is SCO going to die? (Score:2)
Also, what happened to Darl McBride? He used to be all over the place giving lectures and interviews. Seems to have disappeared.
Re:When is SCO going to die? (Score:5, Informative)
Microsoft. Check out some of the older stories on Microsoft's "encouragement" of investment companies to channel some of their funds into SCO. I'm too tired to provide the links tonight, but you can find it by searching for SCO under "Old Stories".
they should... (Score:4, Insightful)
Re:they should... (Score:5, Insightful)
Re:they should... (Score:5, Interesting)
The company sounds pretty determined to make SCO stop (I am supposing SCO's claims are hurting their business), and had won a preliminary restraining order last year, and SCO entered into this out-of-court settlement this year instead of continuing to fight against them in court. I doubt the company's going to just take this current stuff lightly, and even though SCO hasn't violated the letter of the settlement, that won't stop the company from suing SCO's US, or whichever branch they use for the FUD of the day. I also doubt the courts will look on SCO Germany entering into an agreement to stop these exact same actions lightly. SCO will have an uphill battle to win that case.
Of course it doesn't seem that SCO really cares if they have a chance in hell of winning a lawsuit, as long as they can spread their FUD about. (Feel free to apply whichever conspiracy theory is current as to why.)
Re:they should... (Score:3, Interesting)
I suspect the court will take it that way too. From what I've read over the years Germany's courts aren't keen to put up with games like this.
To be fair it was apparently only a preliminary injunction to SCO to stop, but
...Groan... (Score:5, Funny)
Re:...Groan... (Score:5, Funny)
Re:...Groan... (Score:2)
#include <ostream>
#include <iterator>
#include <algorithm>
using namespace std;
int main()
{
fill_n(ostream_iterator<string>(cout),
ostream_iterator<string>(),
1000,
string("I will observe the spirit of the law and not the letter\n"));
cout << flush;
return 0;
}
Re:...Groan... (Score:5, Funny)
SCO... (Score:4, Funny)
Well the first thing that comes to mind is this... (Score:5, Interesting)
Re:Well the first thing that comes to mind is this (Score:5, Insightful)
Re:Well the first thing that comes to mind is this (Score:5, Informative)
The key here is that was after an injunction (Score:2, Informative)
Re:Well the first thing that comes to mind is this (Score:3, Informative)
They work only in a hierarchical system. Decisions a superior court makes are practicaly seen as precedents. However it is always possible for a minor court to decide otherwise if it has reason to do so.
Germany has a rule of law... (Score:4, Interesting)
... unlike the US. While precendents can be set, there is the Bundesgesetzbuch (BGB) that pretty much lays out the law. However, the real kicker WRT to German court law is that the loser has to pay the court costs for both sides.
This has several interesting effects: Frivolous lawsuits are rarer, lawyers are paid much lower hourly billing rates, and health insurance is much more affordable. IMHO, this is a much more equitable way to run a legal system than the parasitic mess we have in the US.
Frankly, the folks at SCO should be forced to post bond to assure their countersuers will have something to collect on if SCO goes out of business. Furthermore, I hope that the current management will be held personally liable for their actions while at SCO. Once pointy-headed managers see that there are reprecussions that reach beyond the destruction of a company, perhaps they'll lay off the roullette-wheel approach to attain profits.
Re:Well the first thing that comes to mind is this (Score:2)
It happens all the time in Canada.
Everytime you say SCO (Score:5, Funny)
You said SCO!
Oooops I said SCO!
I said SCO again!
NI!
Re:Everytime you say SCO (Score:2)
1. (to the obvious tune) Oops, I said it again...
2. (to the spam song) SCO, SCO, SCO, SCO , SCO, SCO, SCO, SCO... SCO-ity SCO, wonderful SCO....
Re:Everytime you say SCO (Score:5, Funny)
Stone him! Stone him!
Funny that you mention that ... (Score:5, Interesting)
Herostratos! Herostratos! Herostratos! (Score:2, Interesting)
He destroyed temple of Artemis in Efeze (one of the seven wonders of the ancient world) just to get his name in the history books.
Oddly enough, 23 centeries later a small fast food joint in Rotterdam was named after him.
And now a /. comment to boot!
Re:Herostratos! Herostratos! Herostratos! (Score:3, Informative)
More SCO News (Score:5, Informative)
http://www.groklaw.net/article.php?story=200403301 84527522 [groklaw.net]
http://zdnet.com.com/2100-1104-5182078.html [com.com]
Re:More SCO News (Score:4, Interesting)
Read Groklaws short post, it might put a smile on your face.
Re:More SCO News (Score:3, Interesting)
Re:More SCO News (Score:4, Insightful)
If the judge says there are no copyright infringements, there could still be contract violations, which is what SCO is suing IBM over.
This might get rid of some of the RedHat and Novell lawsuits, but not the original IBM suit.
Re:More SCO News (Score:4, Informative)
A look inside the mind of madmen (Score:5, Insightful)
Re:This nonsense passes for insightful? (Score:2, Interesting)
Not surprising ... (Score:5, Interesting)
who gets whom to do what dirty work? (Score:4, Funny)
Re:who gets whom to do what dirty work? (Score:5, Funny)
Yes. I thought that the Evil Empire [microsoft.com] were using SCO, who is allegedly in turn using other companies.
Excuse me, my tinfoil hat just arced.
Wouldn't it be illegal to do this too (Score:5, Insightful)
The only way it would be legal is if the other company was acting on its own. If SCO paid them to say they were not acting on behalf of SCO, wouldn't that be illegal too?
The settlement disallows employees of SCO making claims agains Linux, but by commissioning an advertising company the company becomes employeed by SCO in some sort of sense... the article said that it was a borderline tactic, but methinks that if it wound up in court SCO would be penalised.
Re:Wouldn't it be illegal to do this too (Score:3, Informative)
Re:Wouldn't it be illegal to do this too (Score:4, Funny)
Or perceived legal loopholes in contracts. They, of course, can't show the actual loophole because it would be a violation of their Lawyer's IP.
Re:Wouldn't it be illegal to do this too (Score:2)
Re:Wouldn't it be illegal to do this too (Score:3, Interesting)
Actually, the settlment disallows SCO-Germany from making claims against Linux. It is the US branch that is hiring German PR firms to spread FUD.
I should buy one of their liscenses (Score:5, Funny)
Re:I should buy one of their liscenses (Score:5, Funny)
Re:I should buy one of their liscenses (Score:2)
Creating Legal Conditions??? (Score:4, Interesting)
Since when is Gregory Blepp able to create legal conditions. At best, he can lobby congress to push the UN to make a resoltuion that Germany should make a law forcing Germans to purchase "SCO's intellectual property"....hmmm I wonder at what point they would realize the futility in that one. Or they could lobby the German govn't directly....yeah, that will go over well.
I know there are trade agreements in place to respect IP laws, but I am curious as to how SCO can create "legal conditions" in other countries. Considering the troubles Microsoft is having in these same other countries, I would think SCO might have a slightly harder time of it.
legal conditions != laws (Score:4, Insightful)
Another suit? (Score:5, Insightful)
Q.
Layer 3 of dirty work...and a way to stop SCO? (Score:5, Interesting)
SCO got a German PR agency to write their claims in a news release. Since it's pretty obvious that no PR agency would by itself do so, couldn't SCO still be fined for making these claims, even if not directly? Even so, the agreement should've stopped "the claims being made" rather than "SCO making the claims," since SCO markedly benefits by the claims and can almost always be shown responsible for some random third-party's claim.
Interesting that this gains its strength through an out-of-court settlement with a private company that extends a temporary injunction against SCO's claims. Some US group (EFF? Red Hat? OSDN? Netscape? Isn't there a group of Linux vendors? FSF?) should try to do the same - get something small done in court, to say "We're not afraid of fighting this in court," then extend that considerably out of court with a promise to return to court.
Heh, the ad on this article is GlobalServers' "Stop worrying about SCO" ad.
Re:Layer 3 of dirty work...and a way to stop SCO? (Score:2, Insightful)
It dose appear to be a deliberate attack on open souce but let me make this perfictly clear Microsoft is NOT the only company intrested in the failure of open source.
In fact Microsoft is much less conserned about open souce and more about Linux. Attacking open souce and the GPL is a proxy attack for Microsoft like slamming the one button mouse or "all in one" systems is an indirect slam on the iMac and Mac Classic.
However a number of far less succe
IANAL, but (Score:5, Insightful)
I guess not always. But it seems like it sure should have been in this case, and if the settlement had that loophole then shame on Univention's lawyers for letting that slip.
Another interesting point, too. According to the Groklaw article [groklaw.net] about the settlement, the per-offense fine is only about 10,000 euros. That's not a lot, really; just a tiny extra bit of marketing budget for the FUD machine. Is that really all the teeth the settlement has?
Re:IANAL, but (Score:2)
FUD? (Score:5, Insightful)
Can we really call the crap SCO is spewing, "FUD"? At this point, no one fears them, everyone is certain they are making this stuff up as they go, of that there is no doubt.
I think the term adds too much credibility to SCO's statements.
my nightly prayer (Score:5, Funny)
I pray the lord, my linux keep
and if I die, before I wake
please cause the failure, of Darl's brakes.
-AMEN-
Still a violation? IANAL (Score:5, Insightful)
But if SCO agrees not to spread propaganda and then used proxies to spread propaganda didn't they just violate the agreement?
SCO seams to have a very... creative interpretation of laws as they apply to them and others.
I've recently had the opratunity to read vareous text files on how to steal, rip off, blow up, etc etc etc by the crooks that use and perficted those techniques.
Very intresting read if you know how to read between the lines. Basicly they have very unusual/odd interpretations of the applicable laws.
For example one crook has a whole detailed thing on how to get out the door with stuff he didn't buy and create the illusion that he did. (Probably dosen't work anymore).
The intresting part is how he views the applicable laws. He seems to believe that you need to get out the door before you can be stopped for theft. I've observed a few occasions where a crook was cought BEFORE leaving the store. Again IANAL but it sure as heck looks like he was cought dead to rights but I'd have to see how it played out in the corts before I'd know.
The diffrence between the typical crook and SCO is most of what the typical crook is doing is trying to NOT envoke the law no matter how much he believes its on his side. SCO however isn't making any such efforts.
Inciting a riot (Score:3, Interesting)
I don't know about germany's laws but wouldn't the association with the persons doing the action that SCO tryed and was bared from basicaly the same as inciting a riot. Couldn't they still be held acountable anyways loop holes or not. i think it would be the same as if a mob boss ordered the execution of someone, even though somone else did the killing the mob bos can get the rap for it.
well at least thats what i think it should be like. anyone know if it would be that way in germany?
And in other news.... (Score:5, Funny)
Re:And in other news.... (Score:2)
Odd... I thought they lowered it by $33 dollars.
Herr Goebbels said... (Score:5, Insightful)
This is what SCrOtum's plan is, to keep the FUD spewing forth and just the politicians who keep getting elected, it is what the "people" know, because they keep hearing about it.
Those silly Europeans... (Score:5, Insightful)
Yes, I know, there is much to not like about European politics and they sometimes have strange ways about doing things. And the taxes, holy cow. But at least they know that the United States does not rule the world.
I don't understand how they can stop SCO (Score:2)
Whenever I'm infringing someone else's copyright, I want them to tell me so I can stop or buy a license. I don't want them to keep silent until they are ready to sue me.
Re:I don't understand how they can stop SCO (Score:4, Informative)
I assume you're talking about the SCO case though regardless of your example. In the SCO case SCO was making public statements. In Germany a local linux organization or group (not sure of their exact status) took SCO to court.
Under their laws they were, in layman's terms, request an order that SCO put up or shut up. If SCO had put up they could have continued to talk about it and as well taken whatever action they felt necessary under the law. But SCO failed after the court gave them the grace period to provide some proof. The judge then issued the shut up order as the law provides.
I agree you want to know when you're infringing someone elses rights. In the US as in Germany people involved in Linux have been saying please tell us where it is and we'll remove your property . SCO has refused, so far.
At the same time would you want ACME Software House running around screaming that code you wrote was theirs? I doubt it. You'd better hire some lawyers and get cracking... And face the loss of business while ACME is lying... You don't have the benefit of a put up or shut up law to deal with those types of criminals. And SCO are criminals. Maybe not by criminal law but by any accepted moral standard.
Re:I don't understand how they can stop SCO (Score:4, Insightful)
Munich-SCO connection? (Score:2)
Who pays the piper? (Score:3, Interesting)
It is a pity that the PR company isn't named. Linux is getting well established as a server platform in many of Germany's largest banks and IBM are quite powerful there too.
SCO? Duplicitous? Surely not! (Score:2, Insightful)
Great Change (Score:2, Funny)
Just buy 101'000 IP licenses and get 1 SCO for free!
Corporations Have No Honor, News at 11 (Score:3, Interesting)
But not the current crop of CEOs, oh no. They'll fuck anyone and everyone over so that they can make a buck. Or several million of them.
What we need is a mandatory Samauari-style honor code for corporate upper management. With mandatory seppku for the most grevious infractions. Even if the upper management at MCI, Tyco and Enron were completely spotless, they should have all ritually disemboweled themselves for the shameful actions that took place at their companies on their watches. We should expect no less from the people who are the custodians of our fortunes.
"Oh Sure, Mr Fox," you might say, "like that will ever happen!" But it can. All we really need to do is each and every one of us teach our children to live with honor. We can start with a code as simple as "Never lie, never do anything you know is wrong and never do anything you would be ashamed of," and we can go from there.
Of course, the current crop of CEOs would have to have right from wrong spelled out for them, since apparently even the letter and spirit of the law wasn't enough of a hint, but I don't think it'd be an insurmountable goal.
Re:Corporations Have No Honor, News at 11 (Score:3, Interesting)
You're the guy holding the katana, and it's your job to decapitate him before his screams of agony dishonour his death.
Here's your moral dilemma:
Do you just let him die howling like an animal, or do you record it for posterity and post it on P2P?
ACHTUNG SCO! (Score:3, Funny)
Liebe, Deutscheland..
Re:ACHTUNG SCO! (Score:2, Informative)
The correct term would be "Fick dich, (du) Arschloch..."
(No need for the corteous "Sie", we are talking about SCO :-))
Probably been asked before... (Score:3, Interesting)
Re:Just remember (Score:2)
Re:Just remember (Score:2)
In America, Microsoft uses SCO (to spread FUD)
Re:Prohibited from making claims (Score:5, Insightful)
When they came for SCO, I did not speak up (Score:2, Funny)
When they came for me, there was no one left to speak up to.
Wait what am I talking about?
Why do we even have a bottle? Will someone please tell me?
Re:When they came for SCO, I did not speak up (Score:2)
Re:Prohibited from making claims (Score:2)
I could for example say that George W. Bush is a two headed purple alien with both heads up his ass. I have every freedom to say this. It doesn't make it true, and if this statment does him harm I could be
Zager Evans and the point is? (Score:2)
Re:SCO reply to my mail asking for License... (Score:3, Funny)
Amusingly enough, you can't purchase more than 99 licences through the website. They've got a crappy shopping cart that only accepts 2 digits for the quantity.
I tried seeing if I could get their server to crash by filling the quantity box with a big string of garbage text, but no such luck....