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Caldera Operating Systems Software Unix

SCO Gives Friday Deadline To IBM 914

bcisys writes "Reuters is reporting that SCO is planning to revoke IBM's license to Unix this Friday unless IBM settles SCO's claim that parts of its Unix code are being used in Linux. 'If we don't have a resolution by midnight on Friday the 13th, the AIX world will be a different place', SCO President and Chief Executive Darl McBride told Reuters News. 'We've basically mapped out what we will do. People will be running AIX without a valid license.'"
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SCO Gives Friday Deadline To IBM

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  • so... (Score:5, Insightful)

    by Anonymous Coward on Wednesday June 11, 2003 @08:33PM (#6177001)
    So they either have to remove code they don't know about, or pay up ... not much of a choice SCO leaves them.
  • is this extortion? (Score:5, Insightful)

    by jeffy124 ( 453342 ) on Wednesday June 11, 2003 @08:35PM (#6177022) Homepage Journal
    i mean, SCO hasn't even gotten IBM into a courtroom yet.
  • AIX License (Score:3, Insightful)

    by Anonymous Coward on Wednesday June 11, 2003 @08:36PM (#6177030)
    if you bought the rights to use AIX, is it legal to have it revoked?
  • by WIAKywbfatw ( 307557 ) on Wednesday June 11, 2003 @08:37PM (#6177046) Journal
    Anyone else get the feeling that going after other UNIX and UNIX-like operating systems via what appear to be tenuous legal arguments is SCO's new business model?

    I guess SCO thinks that calling in the lawyers beats actually trying to compete on the merits of its products and services.
  • by eigenkarma ( 312062 ) on Wednesday June 11, 2003 @08:41PM (#6177077)
    It's viral: parts of SCO code in AIX make the whole AIX a subject of SCO whims.
    If the license of a subcomponent is revoked the whole thing may be in trouble. What if one of M$ subcontractor get in dispute with M$? Windows user is suddenly in license violations.
  • BFD. (Score:5, Insightful)

    by BJH ( 11355 ) on Wednesday June 11, 2003 @08:41PM (#6177079)
    IBM will guarantee its customers protection from any indemnity, and they'll keep on running AIX. Come Friday, everybody will be happily running unlicensed copies of AIX in the knowledge that IT WON'T MAKE ANY DIFFERENCE.

    Sorry, SCO, you lose.
  • by hbo ( 62590 ) * on Wednesday June 11, 2003 @08:43PM (#6177092) Homepage
    After Friday, we'll have a pretty good idea what IBM really thinks about SCO's suit. If they make no attempt to settle, it will be clear they really don't think SCO can prevail.
  • Re:Stop!! (Score:5, Insightful)

    by zeruch ( 547271 ) <zeruch.deviantart@com> on Wednesday June 11, 2003 @08:51PM (#6177160) Homepage
    the whole scenario seems strikingly Pythonesque. SCO (Stupid Crappy Operation) seems to have become the DPRK of tech, a seemingly isolated, insular fringe player on the scene that is in a steep decline and has resorted to a twisted form of brinkmanship to keep in play, leaving the rest of the players somewhere between arggravated and bemused.
  • by Citizen of Earth ( 569446 ) on Wednesday June 11, 2003 @08:55PM (#6177207)
    At least that'll make everyone elses' lisences invalid just like mine.

    On the plus side, now IBM will be well positioned to counter-sue SCO for breach of the 'perpetual and irrevocable' contract. Maybe this is what IBM has been waiting for.
  • Re:AIX License (Score:3, Insightful)

    by 73939133 ( 676561 ) on Wednesday June 11, 2003 @08:59PM (#6177253)
    Depends on the contract. IBM may have made guarantees to you, in which case they would be on the hook for damages if you can't use AIX anymore for one reason or another. Or your contract with IBM might say that they only license what they own and that if they don't own everything they think or thought they owned, that was your problem, not theirs. Both kinds of contracts exist.

    However, those considerations are completely hypothetical. There is not a shred of evidence that SCO's allegations are true. SCO is just engaging in one big smear campaign.
  • by Zeinfeld ( 263942 ) on Wednesday June 11, 2003 @09:00PM (#6177255) Homepage
    No, it isn't extortion, it is barratry.

    This is the type of ridiculous stunt that only damages SCO's credibility. It is very unlikely that IBM signed an agreement with AT&T all those years ago that allowed AT&T to yank the license at a future date.

    SCO should be very careful about the claims it is making.

  • by Anonymous Coward on Wednesday June 11, 2003 @09:05PM (#6177299)
    The point is that SCO may be able to stop further distribution by IBM, but not invalidate licenses already legally distrtibuted. I cannot imagine IBM's lawyers being stupid enough to write a contract that would cause previously distributed copies to become illegal.

    In your analogy, this would be like you buying a license for Microsoft Windows from Dell, and later Microsoft comes along, cancels their contract, and that makes your copy now illegal.
  • by jacrawf ( 691 ) on Wednesday June 11, 2003 @09:09PM (#6177333)
    Yeah, but AIX isn't a counterfeit copy of SCO's supposed property. SCO is not suing IBM over what they've done with AIX, so presumably what they've done with AIX in the past has been hunky-dory as far as licensing other Unix code goes.

    It's a scare-tactic pure and simple, and anyone with half a brain will figure out (and likely already has) that SCO is running scared, talking out of their asses, and probably not going to be in business much longer. They're a company now run by lawyers and executive sleaze; no company can survive that for long.

  • by Zeinfeld ( 263942 ) on Wednesday June 11, 2003 @09:13PM (#6177359) Homepage
    Who sold IBM their Unix license for AIX? I

    That would be AT&T. It is unlikely that SCO can affect IBM because any contract they have made with Novell is trumped by the prior contract with AT&T.

    AT&T may under the terms of the contract be able to assign its interest to another party (Novell) and that in turn may be assignable. But SCO is bound by the terms of the earlier IBM/ATT contract.

  • by eibhear ( 307877 ) on Wednesday June 11, 2003 @09:15PM (#6177374) Homepage

    I have a feeling that this is less an attempt to force IBM to settle and more an attempt on SCO's part to confuse the market. SCO could stand to make some money if people thought they would be sued if they used Linux. FUD is the word. The irony is that IBM is the pioneer of FUD. The irony turns to cynicism when you notice that another side-player here is the high-priestess of software intellectual property: Microsoft.

    I echo the sentiments of a number of posters here that IBM should call SCO's bluff. It's likely that the deadline will be extended to midnight on Friday in Hawaii. Then we'll here an announcement at 11:59 that SCO and IBM came to an agreement, the details of which will remain confidential. SCO will drop the Unix-in-Linux-or-is-it-really-Linux-in-Unix allegations. Within a month press releases will come from IBM further emphasising their redurced commitment to Unix and that Linux will be their main platform. By the time the Unix licence is up for renewal (in 5 years or so), neither SCO, nor IBM's interest in the licence, will exist and the whole thing will become an episode in future TV documentaries on the history of operating systems.

    In the meantime, Apple will have vanished from the face of the earth [slashdot.org] because they thought they could get away with saying their new operating system was based on Unix. Such cheek!

  • by Kjella ( 173770 ) on Wednesday June 11, 2003 @09:17PM (#6177387) Homepage
    Really, I could understand the issue as long as they were talking of suing distributions, Linux users, Linus himself. But IBM's contract relations and IBM's customers?

    If IBM thought SCO had a case, they'd slam them with a countersuit of a kazillion patents SCO violates and offer to settle. End of story. The fact that IBM is letting SCO buzz around like they do tells me that SCO has no case.

    And I sure as hell don't think that IBM's lawyers were so stupid that the revocation of the licence from SCO would create any problem with current AIX licences (maybe with issuing new, but that's another story). My conclusion: More FUD, but let IBM debunk this and get back to something more nerdish.

    Kjella
  • Re:so... (Score:5, Insightful)

    by MrLint ( 519792 ) on Wednesday June 11, 2003 @09:19PM (#6177398) Journal
    Well assuming they havent showed IBM the code (which is likely because then thath 'alleged' infringing would be known to everyone so it could get pulled), SCO is making demands in bad-faith. I think IBM should be able to get an injunction out of a court. Assuming they care.
  • Re:AIX License (Score:4, Insightful)

    by ReconRich ( 64368 ) on Wednesday June 11, 2003 @09:22PM (#6177420) Homepage
    While I don't happen to have an AIX license lying about, you can be certain that a humungous services company like IBM indemnifies its customers from claims from other companies that are the result of using an IBM product. IBM has everything to gain by taking the blame here; corporate customers would NEVER forget being held liable for an IBM product they bought.

    -- Rich
  • by N8F8 ( 4562 ) on Wednesday June 11, 2003 @09:24PM (#6177432)
    I'm not sure about IBM, but most large corporations tend to structure their businesses to insulate risk. I wouldn't be suprised to find that the part of IBM that licensed AIX and the part of IBM that sells Linux and the part that develops Linux are all insulated from each other.
  • by Anonymous Coward on Wednesday June 11, 2003 @09:25PM (#6177442)
    ...and I don't mean IBM. SCO just rattled the cages of everybody that uses AIX. I work at a .gov that shall remain nameless, and without bragging, we have at least one of everything - and we run AIX in all kinds of funky places. Tell me I can't run AIX? Come and get me. But make sure the SCO flunky you send is expendable, they WILL shoot you nowadays.

    But forget about the guard force using SCO interns for target practice, you just threatened almost every Fortune 500 company with a datacenter to speak of. THEIR lawyers using your ass for target practice is much more scary. Telling folks with THAT kind of power to turn off their line-of-business systems will get SCO slapped around like a red-headed stepchild.
  • Re: Stop!! (Score:5, Insightful)

    by Black Parrot ( 19622 ) on Wednesday June 11, 2003 @09:25PM (#6177443)


    > You know what would be even cooler? If they took it to court, and they did have the evidence to prove it, and they won.

    Problem is, SCO isn't acting like a corporation that has the facts on its side.

    If they did, they wouldn't need deadlines like this; they'd be overjoyed to let it go to court, or to let IBM approach them with an offer.

  • Mod Parent Up! (Score:3, Insightful)

    by beldraen ( 94534 ) <{moc.liamg} {ta} {risialptnom.dahc}> on Wednesday June 11, 2003 @09:29PM (#6177478)
    I think this is a good point. It would be interesting if part of every license agreement companies demanded they get to put in a revoke code into the system. Any debate and then "boom," eveyone's systems shut down. Granted, is should be horrible PR, but given the 90's predilection for sacrifice of users for the almighty dollar..
  • Re:DO NOT (Score:5, Insightful)

    by Jeremiah Cornelius ( 137 ) on Wednesday June 11, 2003 @09:30PM (#6177493) Homepage Journal
    HA!

    It is to laugh!

    I wonder if all the script-kid 1337 unabombers out there will manage to obliterate SCO's presence from the Inet on Friday. Their whole corp website was unavailable in the recent past...

    I don't think SCO understands that some of Linux's biggest fans are guys who 'make the wires work'.

  • by lysium ( 644252 ) on Wednesday June 11, 2003 @09:42PM (#6177570)
    From the article:
    SCO also won a license from Microsoft, which agreed to pay SCO to ensure that it would not violate intellectual property rights when developing software that works with Unix. But Microsoft's move was widely seen as an attempt to lend weight to SCO's attack on Linux, which Microsoft views as a threat to its Windows franchise.

    This rather strong anti-Microsoft comment is coming off Reuters. Not Slashdot. This tells me that, despite what the Windows apologists may say, the public view of Microsoft closely mirrors some of the more cynical posts here. Such widely-held disdain spells doom for a corporation. Cash reserves and ruthless schemes will only go so far against it....

    -----------

  • Re:Chill over Unix (Score:4, Insightful)

    by lspd ( 566786 ) on Wednesday June 11, 2003 @09:53PM (#6177650) Journal
    Personally, I think this line takes the award for shoddy reporting.

    Linux ... is a version of Unix that can be copied and modified freely.

    This presupposes that SCO is correct. Sort of like saying "Abbie Normal was charged with the murder of 12 infants today. Abbie is a 28 year old mother of 3, homemaker and serial killer."

    I was under the obviously mistaken impression that Reuters did more than regurgitate press releases.
  • by SamBC ( 600988 ) <s.barnett-cormack@lancaster.ac.uk> on Wednesday June 11, 2003 @09:55PM (#6177660)

    Confuse the meaning of the word 'Unix'. Everything I have read on this topic - the OSI position paper, extracts of the original SCO suit, and all the SCO PR makes it sound like SCO are claiming that anything unix derives ultimately from their IP. Would there be any validity to that? I doubt it, personally.

    This will obviously come and bite them in the backside before too long

  • by Anonymous Coward on Wednesday June 11, 2003 @09:56PM (#6177676)
    Actually I think the whole thing was done
    to beef up the shares so they can make
    a huge profit and then either sell off or
    file for bankrupty after draining most of the
    money out of the company before the shares
    start going down the toilet.
  • The saga continues (Score:3, Insightful)

    by oaf357 ( 661305 ) on Wednesday June 11, 2003 @09:58PM (#6177692) Homepage Journal
    Another fine entry for today's SCO vs. IBM vs. [INSERT YOUR NAME HERE] legal ramblings.

    This seems a little like that kid in school that was always getting picked on and finally lashed out and did something really stupid then got his ass beat.

    Hopefully, IBM will realize that SCO can't do anything but sit and fire off more lawsuits and will let SCO dig itself into so much legal debt that IBM will end up buying the UNIX IP (on the cheap) and letting SCO rot into nothing.

    It is rather interesting that, of all days, SCO has chosen Friday (the 13th). Are they hoping someone at IBM actually cares? No, they are trying to get our attention. They're doing a good job of that, that and making an ass of themselves in the process.

  • by debrain ( 29228 ) on Wednesday June 11, 2003 @10:00PM (#6177698) Journal
    I think one of Lou's contributions to the IBM culture is act of being more tight lipped in public. He openly referred to the IT industry as a media "circus", and I think one of his large cultural biases and influences, coming from American Express, was saying nothing until something needs to be said. Particularly in cases of legal importance.

    In any other segment of the economy, I suspect, this is followed more as a tenet of the industry rather than an exception. IBM's response has been, I strongly suspect, reassuring the most important audience: their customers, shareholders, management team, and employees. Rather then entering into a childish public-affairs fiasco with SCO, I believe IBM has taken the high road, and deferred judgement to the courts, where it matters.

    We shall see, in any case.
  • givin' a shout out (Score:1, Insightful)

    by Anonymous Coward on Wednesday June 11, 2003 @10:02PM (#6177714)

    a big "fuck you" to SCO on behalf of those people in the open source community that hereby vow to boycott you as long as you are a company.
  • by Usagi_yo ( 648836 ) on Wednesday June 11, 2003 @10:07PM (#6177749)
    This is too funny. SCO does not know what it is doing. Here I'm going assume my hat as "barracks lawyer".

    1. It is not SCO that is going to determine the pace of this case. Upon trying to unilateraly cancel IBM's license a judge will step in and maintain the "status quo" until the dispute is settled.

    2. If you bought AIX prior to SCO's accusations, then you still have a valid license. SCO cannot retroactivly cancell prior licenses on it's own whim. Can you imagine the havok that would cause in the business world as a whole if it were so? Can you imagine Novell announcing tomorrow that they are cancelling whatever agreement they had with SCO?

    3. The mere fact that SCO is dragging IBM customers into this tells me that this is more a political manuever then a valid legal manuever. They are trying to get IBM customers to pressure IBM to resolve this fast, and fast means caving to SCO.

    4. SCO has yet to prove harm. 80 lines of code copied exactly word for word, punctuation for punctuation means nothing without harm. The actual code has to do something particular that is germain to SCO and that the loss (or unlawfull distribution) has harmed SCO.

    5. So not only does SCO have to reveal the offending code, it has to say when it discovered it and when it notified IBM and prove what type of harm was done. I find that hard to believe that 80 lines of code out of a code base of a million plus lines is going to fly just on its own.

    6. There is no doubt that IBM is insured for all errors and ommissions on their part, that will protect their customers. As long as everybody was acting in good faith ... IBM believed they were in compliance, the Customers believed they were in compliance, the only damages that SCO will be entitled to are actual damages.

    7. Actual damages will be a whole 'nother lawsuit and court proceedings. Probably take years to sort this out. But then, who doubts this is SCO's intent. To hold LINUX hostage for years.

    8. If it turns out that SCO discovered this a while ago, and didn't immediately notify IBM, they themselves may have given up alot of rights in the remedy. I.E You just can't discover it and hold back a few years, then come forward and try and correct or remedy it.

    Predictions ... When IBM makes its legal move, watch how fast SCO shuts up (gag order, restraining order. If IBM sees no need to capitulate, they will slap SCO silly with gag orders and restraining orders enjoining them from frightening IBM's customers.

    I have a feeling it's not going to be pretty for SCO

  • Re: Stop!! (Score:5, Insightful)

    by PeteQC ( 680043 ) on Wednesday June 11, 2003 @10:10PM (#6177766)
    It's possible that SCO wants IBM to sue them. Let's me explain this: if IBM sur SCO, it's IBM's job to prove that they didn't use Unix code in Linux. If SCO sue IBM, it's SCO's job to prove that IBM used Unix' code. The difference is small, but important! (Sorry for my bad English)
  • by BrynM ( 217883 ) * on Wednesday June 11, 2003 @10:14PM (#6177792) Homepage Journal
    I can see IBM's response now...

    (Guy in White Shirt and Smart Tie): OK SCO, let's negotiate a settlement...
    (Leans to Guy in White Shirt and Smart Tie next to him, whispering): ...while we build a REAL big ugly patent suit like you've never seen and give it to you hard.

    I wonder who would win in a patent stand off, hmmm?

  • by Infonaut ( 96956 ) <infonaut@gmail.com> on Wednesday June 11, 2003 @10:34PM (#6177935) Homepage Journal
    Their management is obviously intent on running a once proud company into the ground. One thing nobody seems to talk about is the state of SCO employee morale during all of this chicanery. It's one thing to lose your job to average, run-of-the mill dot-bomb management stupidity, but SCO used to "get it."

    I hope that the criminal stupidity of SCO management doesn't result in out of work SCO employees, but I strongly suspect that sooner or later the pigeons will come to roost, and guess who will get shit on?

  • by aelfwyne ( 262209 ) <lotherius@@@altername...net> on Wednesday June 11, 2003 @10:37PM (#6177954) Homepage
    Nice to see the "system" in action with Due Process...

    Don't think you have a good case?

    Then propose to your corporate enemies:

    1) Pay up a settlement
    or
    2) Go to trial and we'll revoke all licenses we gave you, so that even if we lose the case, you'll have already lost in the marketplace.

    Make sure you give a deadline that doesn't allow your corporate enemy any time to mount a legal defense, or get any court action, so that they are forced to do what you want.
  • by hondo77 ( 324058 ) on Wednesday June 11, 2003 @10:56PM (#6178072) Homepage

    No, it isn't extortion, it is barratry.

    How about tortious interference [lectlaw.com]? IBM says it has a license in perpetuity and that's that. Okay, so why is SCO giving press releases about this bogus deadline instead of suing IBM? IBM could argue that SCO is intentionally trying to damage IBM's business, since (presumably) SCO is wrong about IBM's license.

  • or... (Score:5, Insightful)

    by DreadSpoon ( 653424 ) on Wednesday June 11, 2003 @11:06PM (#6178133) Journal
    You could bother actually reading about Trusted Computing* and DRM and realize that the above probably wouldn't even be possible. If it _was_, almost no one would buy it - what company would trust that? What government would ever buy that hardware/software? And so on. That kind of feature doesn't help business any, especially in the gov't market, where it would _NEVER_ be purchased.

    *Note I'm talking Trusted Computing, not Palladium - Palladium is Microsoft's version of TCPA that will run on Windows - it's a moot point for things like AIX and Linux and such, since it's a Windows technology. TCPA on the other hand is platform neutral. Palladium may well have the "external control of systems" feature, but I don't know - Palladium isn't my problem, since I don't run MS systems. ~,^ On the other hand, I _look forward to_ TCPA, since it actually does offer the ability to increase security, and doesn't have any features to make me worry, especially not on an Open Source platform. :P Likewise, TCPA would be a cool feature to have in AIX, Solaris, and so on as well. The OS determines if its used for DRM - my OS (any that I would use) would only use TCPA for security.
  • Escrow (Score:3, Insightful)

    by AvitarX ( 172628 ) <me@brandywinehund r e d .org> on Thursday June 12, 2003 @12:22AM (#6178530) Journal
    This is probably redundant, but if IBM knows they are going to win, can't they just put some large sum of money in escrow, and then get it all back when they trounce SCO in court?

    Is it even legal for SCO to pull their liscense without any ruling?

    It seems silly to me that SCO can just yank the liscense as blackmail without proof (A court ruling) that IBM is in violation

    IANAL
  • by phorm ( 591458 ) on Thursday June 12, 2003 @12:30AM (#6178577) Journal
    Their whole corp website was unavailable in the recent past...

    <amused sarcasm> And of course, it helps to with the amount of slashdot publicity to SCO, with probably large numbers of geeks either visiting/poking/etc the SCO webservers. </amused sarcasm>

    I think that until SCO manages to clean up their act, we should make linking to their corp website mandatory on all related articles... make their bandwidth spike for weeks on end and perhaps we'll drive them into slashdotting-induced bankruptcy

    And of course, my question is: without linux, how long would they have lasted anyways? I mean, how much crossed from linux back to unix. What about the apache project, etc? I'm just a linux geek myself, I've always avoided the unix end of things (justly so it seems) - so I really don't know much about it except for recent actions.
  • meanwhile at IBM (Score:1, Insightful)

    by Anonymous Coward on Thursday June 12, 2003 @12:40AM (#6178618)
    this isn't even a blip on the corporate radar.

    In order to gain access to IP you have to justify a need to know which has to be signed off by a heirarchy of managers. Then, you *have* to take a class pounding you with what you can do with the IP you may get access to.

    The IBM contributions for linux 2.4 are for the most part (if not exclusively) getting linux to run on the z900 mainframe. Contributions above & beyond involve linux 2.5 which you're not going to find anytime soon.
  • by budgenator ( 254554 ) on Thursday June 12, 2003 @12:49AM (#6178660) Journal
    On friday the thirteenth the unimaginable will happen! All of the AIX machines in the world will become Illegal, oh the humanity. Hundreds of previously upstanding companys will be running illeagal warz!

    seriously would be interesting if IBM filed counter-suits, and as part of the discovery process requested the complete UNIX SVR4 source code and pedigries; with 10K patents in the basement I'm sure the lawyers at IBM could find a few infringements of their own.
  • by towatatalko ( 305116 ) on Thursday June 12, 2003 @01:11AM (#6178755)
    It is not legal, or rather legally sound, what SCO is doing to IBM, because they didn't prove anything in court, not even that they own UNIX. But they have the guts to go with it anyway. Why? "IBM believes that our contract with regard to AIX is irrevocable and perpetual and there is nothing further to discuss," said IBM spokeswoman Trink Guarino. Well, if that's the case then why IBM is not taking any preemptive action against SCO? Is that because they have nothing to worry about? IBM may win the case but what SCO is trying to do is to undermine IBMâ(TM)s business with AIX/Linux, therefore thereâ(TM)s something to worry about.

    These kind of things donâ(TM)t go unnoticed by IBMâ(TM)s clients. Theyâ(TM)ll worry about it and also if they use SCOâ(TM)s software at the same time thereâ(TM)s more to worry about it. A friend, who works for IBM said âoeour lawyers will take care of thatâ, they may, but until then IBMâ(TM)s business will suffer especially if combined with other issues like their accounting and profit reporting probed by SEC. The next stop for IBMâ(TM)s stock is around $76, down from $90 in the beginning of May this year.
  • by Anonymous Coward on Thursday June 12, 2003 @02:07AM (#6179049)
    Revenge? That's pretty fucking stupid. SCO, as in Santa Cruz Operation before Caldera, before Linux, was a decent OS with a unique position. Problem was that others kept evolving and SCO basically stayed the same, until the big push with Unixware, etc. Too little, too late. Companies I worked for were all too willing to save money with Linux and abandon SCO support, which was poor and ridiculously over-priced. SCO dug its own ditch with a poorly adapted product and after all the truly talented people left, shit management took over. Enter Caldera...
  • by Anonymous Coward on Thursday June 12, 2003 @02:28AM (#6179140)
    You guys missed the point. SCO doesn't expect to win the lawsuit. They know that it is pointless. Let's go back 6 months or so, their stock is trading at $0.60 per share. The company is on the way down. What to do?


    Let's make some lame lawsuit against one of the biggest companies around for a ridiculous amount of money like $1 billion - now watch our stock rise 1400% while the speculators jump on our bandwagon hoping that IBM will either buy us out (profit $$) or settle the suit (easy big $$). Either way the stock will rise and anyone who bought in when stock was low is going to make a killing.


    So the question is who is selling SCO stock on Friday cause I expect that the bottom will drop out real quick.

  • by Anonymous Coward on Thursday June 12, 2003 @02:34AM (#6179160)
    I read with great interest many of the comments posted after articles about SCO on slashdot. The one thing that sticks out about all the responses is the sense that the posters think that what SCO is just madness from a dying company.

    My problem with this is in recent court decisions which make me wonder about the ability of our courts to rightly throw rubbish like this out the window. Instead, I read (on slashdot even) case after case about judges who somehow, despite all logic, find in favor of the asshole party. Whether it be the RIAA, MPAA, or even SCO, I have no doubt that there is a judge somewhere just sitting and waiting to declare in SCO's favor. It is all about jurisdiction these days. And it seems like whatever is right, just no longer works out in the tech world (minus a few notable exceptions).

    I will be surprised if SCO loses! I know the facts well enough to understand SCO is ethically wrong (and even pretty much technically "wrong"), but I remember the lessons of 2600 and the DMCA and all the evils of the American court system. Trademarks, patents, copyright, blah blah, it seems technicalities are a way of life in this country. Intellectual Property somehow causes even the most reasonable of judges to inexplicably render the most retarded verdicts.

    The real madness of all this is that SCO very well may win its case, and then we will really be in uncharted territory as SCO goes after Linux and its users like the RIAA does P2P and college students...
  • by ironman_one ( 520863 ) on Thursday June 12, 2003 @02:49AM (#6179220) Homepage
    Dont try to hack the SCO website as a revenge. Do something thar realy hurts instead. Like loss of development support. Stop porting applications to sco-unix and sco will die a paifull death. Does Apache, Bind, GCC, Mysql or Perl run om sco-unix today? Does the next verson have to? Who want to by a system without programs?
  • Re: Stop!! (Score:3, Insightful)

    by mattsucks ( 541950 ) on Thursday June 12, 2003 @03:25AM (#6179381) Homepage
    Nah, IBM would sue SCO for illegally revoking their Unix license. After all, SCO currently just alledges that IBM has crossbred Unix and Linux. They haven't proven it yet. Unless the court case happened and I missed it, which I doubt. I'd imagine the contract can't be revoked just on allegations of wrongdoing. Whether or not Linux is tainted doesn't matter. SCO can't say "we think you're bad, we're not going to prove it, but all your codebase are once again belong to us".

    Or maybe I'm just blowing wind ... contract law for me is usually a handshake and a "cool, I'll have it to you by Friday".
  • Re:Stop!! (Score:2, Insightful)

    by fanpoe ( 598824 ) <slashdot.fantasticpoems@com> on Thursday June 12, 2003 @04:20AM (#6179615) Homepage

    It's not buying out SCO that would be expensive for IBM. It's setting the precedent that this is a viable exit strategy. The suits would be never ending (although this this one is starting to seem that way)

  • by dvdeug ( 5033 ) <dvdeug&email,ro> on Thursday June 12, 2003 @04:27AM (#6179650)
    you guys kinda created this fiasco in the first place.

    "You guys" are your customers. If you can't keep your customers happy, you go under. If your customers are unreasonable and you can't reach a point where they can be satisfied, there may not be a market. You can't say that it's the customer's fault if you can't sell your product - it's the business's fault for not understanding the market. RedHat chose to play it 100% open source; Caldera didn't. That was apparently a bad business choice, to which they have no one but themselves to blame.
  • guess what... (Score:4, Insightful)

    by geoff lane ( 93738 ) on Thursday June 12, 2003 @04:41AM (#6179737)
    ...nothing will happen. Those running AIX systems are not going to switch them off. The courts won't tell IBM to stop selling AIX unless and until the contract questions are settled.

    SCO plays lousy poker.
  • by shippo ( 166521 ) on Thursday June 12, 2003 @05:00AM (#6179808)
    When I first started using SCO XENIX back in the 1980s, I always thought that "The Santa Cruz Operation" sounded like a wing of the mafia.

    Now with these extortion tactics I seem to have been proved correct all along!
  • Re:Wait (Score:3, Insightful)

    by Queuetue ( 156269 ) <[queuetue] [at] [gmail.com]> on Thursday June 12, 2003 @05:45AM (#6179976) Homepage
    I't's probably not true, but It's definitely not intentional. If SCO wants .003% of the code out of the kernel, tell us what code it is, let us judge, and remove it if necessary, so we can end the infringement, imagined or real.

    Keeping it a secret is both inappropriate and intented to force thier acquisition via litigation, not to solve any IP issues.
  • Re: Stop!! (Score:4, Insightful)

    by Basje ( 26968 ) <bas@bloemsaat.org> on Thursday June 12, 2003 @05:55AM (#6180012) Homepage
    True. I think it's hard to make this one fly by SCO. They are cutting their own lifeline. There's just too many steps that have to be proven to get there:

    SCO claims that there is Unix code in Linux, put there by IBM in violation of their agreement.

    To revoke the agreement they have to prove
    1. That there is code in Unix that is also in linux
    2. That the code was actual Unix code, put in linux, not vice versa.
    3. That the code was put in there by IBM
    4. That putting it in there was a violation of the agreement
    5. That this is grave enough to terminate the agreement

    If you even get to 5, it is hard to prove, because the damages done to IBM probable are well in excess of the damages suffered by SCO.

    So I do think SCO just made it harder on themselves.
  • Re: Stop!! (Score:2, Insightful)

    by GrassyKnowl ( 547325 ) on Thursday June 12, 2003 @06:08AM (#6180056)
    SCO reminds me of that crazy dictator in N. Korea making wild threats.
  • by Tsu Dho Nimh ( 663417 ) <abacaxi@@@hotmail...com> on Thursday June 12, 2003 @07:43AM (#6180372)
    I'm expecting IBM to walk into court Friday or first thing Monday with a request for a TRO to be in effect until the conclusion of the suit, based on the unliklihood of SCO being able to prevail in their case against IBM.
  • by u-235-sentinel ( 594077 ) on Thursday June 12, 2003 @10:02AM (#6181300) Homepage Journal
    Doesn't matter. If Apple wins then UNIX will be a generic term.

    Link from the previous slashdot story regarding this.
    http://news.com.com/2100-1016-1015814.html

    Oh and btw, It was my understanding that the open group was the one responsible for saying what is UNIX and what isn't. Weird that SCO "thinks" they can flip a switch and instantly make something not UNIX :-)

    I always knew they were retarded.

  • No, it means you can disregard the EULA entirely. If I buy a house, and then when I get there there is a sign on the door saying "by entering this house you agree to the following conditions..." I can freely rip that sign off the house because I have already bought it. They CAN'T add additional qualifications.

    Now, that does not invalidate their copyright - their copyright exists even without the EULA. However, any term of the EULA that goes above normal copyright law can be simply ignored.
  • Irrelevant (Score:2, Insightful)

    by UID30 ( 176734 ) on Thursday June 12, 2003 @10:39AM (#6181633)
    IMHO, SCO has been an irrelevant sideline player in UNIX for my entire computing career. I do not expect that to change now that their business model has evolved to litigation rather than programming.
  • Re:Dear SCO (Score:2, Insightful)

    by hobsonchoice ( 680456 ) on Thursday June 12, 2003 @11:45AM (#6182352)
    Yes you could just ask about Linux. But then if SCO say you'd have to pay them even if you buy Linux from somebody else, then it's own Linux vendors who'll be annoyed and might take action. The advantage of involving other products (applications, hardware, etc.) is if you don't purchase them because of related SCO fears about the underlying OS, then Dell, or Oracle or whoever legal teams might start to take more of an interest in SCO's activities.

UNIX was not designed to stop you from doing stupid things, because that would also stop you from doing clever things. -- Doug Gwyn

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