The end of Sco is nigh.......yippeeeeeee

Discussion in 'NZ Computing' started by thingy, May 10, 2006.

  1. thingy

    thingy Guest

    "It's obvious from the argument here in this transcript that SCO, if
    it even looked at that mountain of code, found next to nothing to match
    Darl McBride's original mouthings to the press. What SCO will do to
    defend itself from Lanham Act claims now is going to be interesting to
    watch, but I have no doubt Red Hat is chortling. And you can really
    feel, or at least I do, in this transcript that IBM senses it's all over
    for SCO now, except for walking through the details as they flail about
    with their "methods and concepts", trying to stay on their feet somehow.
    I think that Judge Wells feels it too, and so she gives SCO the benefit
    of the doubt here and allows the Declaration which IBM has told her in
    legalese is an utter joke to them within the context of this motion."

    http://www.groklaw.net/article.php?story=20060508230734757

    About time, 3 years and millions wasted on harrassing Linux companies,
    SCO looks to face the Lanham Act....jail time for Dear Darl, I hope....

    regards

    Thing
    thingy, May 10, 2006
    #1
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  2. thingy

    Dave Taylor Guest

    thingy <> wrote in news:vqq9j3-bdv.ln1
    @news.thing.dyndns.org:

    > http://www.groklaw.net/article.php?story=20060508230734757
    >
    > About time, 3 years and millions wasted on harrassing Linux companies,
    > SCO looks to face the Lanham Act....jail time for Dear Darl, I hope....
    >
    > regards
    >
    > Thing



    After I first read a little bit about the case I concluded, personally,
    that there was no case. It is now 3 yrs later and my opinion has not
    changed. It is like the "Chewbacca Defense" in South Park.
    This is a very good Groklaw article to read if you haven't been following.
    Take the 15 mins to read it.

    --
    Ciao, Dave
    Dave Taylor, May 10, 2006
    #2
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  3. thingy

    thingy Guest

    Dave Taylor wrote:
    > thingy <> wrote in news:vqq9j3-bdv.ln1
    > @news.thing.dyndns.org:
    >
    >
    >>http://www.groklaw.net/article.php?story=20060508230734757
    >>
    >>About time, 3 years and millions wasted on harrassing Linux companies,
    >>SCO looks to face the Lanham Act....jail time for Dear Darl, I hope....
    >>
    >>regards
    >>
    >>Thing

    >
    >
    >
    > After I first read a little bit about the case I concluded, personally,
    > that there was no case. It is now 3 yrs later and my opinion has not
    > changed. It is like the "Chewbacca Defense" in South Park.
    > This is a very good Groklaw article to read if you haven't been following.
    > Take the 15 mins to read it.
    >


    I follow this very closely and I agree there is no case, but what I
    think is not as important as what I think the court now thinks in this
    instance.

    The interesting thing is, I think IBM and the court and externally
    RedHat can see there is no proper legal case against them and in fact
    there never was. I recall the Lanham Act,

    "What SCO will do to defend itself from Lanham Act claims now is going
    to be interesting to watch, but I have no doubt Red Hat is chortling."

    "Section A is often utilized in law when false statements are alleged to
    have hurt a business. To be proven in court it must satisfy 3
    principles: There was a false statement made, the statement was used in
    commercial promotion, the statements created the likelihood of harm to
    the plaintiff."

    I wonder what else can be tied to SCO, ie using the courts to harass an
    innocent party and materially effect their business. IBM will have
    incurred significant costs in defending itself, SCO already has little
    moeny, it was spent on its own lawyers....So if as I suspect SCO's case
    collapses, SCO will be expected to meet IBM's bills and since the entire
    case seems to have been based on fresh air and lies, I expect a judge to
    award costs.....millions.....so it will bankrupt SCO, bye bye SCO.
    Hopefully Darl with get his comeuppance as well, his lack of ethics and
    greed should be his downfall.

    regards

    Thing
    thingy, May 11, 2006
    #3
  4. thingy

    Peter Guest

    thingy wrote:
    > I wonder what else can be tied to SCO, ie using the courts to harass an
    > innocent party and materially effect their business.


    There are a lot of important threads to this sorry saga.

    What about SCO's financial backers? There was a story that Microsoft funded
    SCO through some financial company.
    Also, the SCO execs sold shares at high prices soon after the legal action
    started. Looked very much like a pump & dump scam at the time.

    The world will be better off without SCO and their cohorts.
    But sadly, the only winners from all this are the lawyers.


    Peter
    Peter, May 11, 2006
    #4
  5. On Fri, 12 May 2006 07:24:37 +1200, Peter wrote:

    > The world will be better off without SCO and their cohorts.
    > But sadly, the only winners from all this are the lawyers.


    I don't think that SCO's lawyers will be winner - for two reasons.

    1/ The fees to be paid by SCO were capped.

    2/ The reputations of those particular law firms has hit an all time low
    as a result of all their bad-faith maneuvering.

    What I think will be the most important outcome of this case is the
    certainty that the GPL is rock solid, that processes have been implemented
    to ensure what SCO asserted could never happen, and that using Linux is
    not a legal risk for businesses of any size or for joe public.


    Have A Nice Cup of Tea

    --
    1/ Migration to Linux only costs money once. Higher Windows TCO is forever.
    2/ "Shared source" is a poison pill. Open Source is freedom.
    3/ Only the Windows boxes get the worms.
    Have A Nice Cup of Tea, May 12, 2006
    #5
  6. On Thu, 11 May 2006 07:17:17 +1200, thingy wrote:

    > I think that Judge Wells feels it too, and so she gives SCO the benefit
    > of the doubt here and allows the Declaration which IBM has told her in
    > legalese is an utter joke to them within the context of this motion."


    My favourite quote is the part where J. Wells asked the Lawyer for IBM if
    they had any objection to the SCO submitting a response to IBM's expert
    witness's statement, and he remarked to the effect that it wouldn't affect
    things at all, so long as they had the opportunity to respond; and the
    judge also stated that would be the last that she would entertain on that
    matter.

    And then, of course there was SCO's desperate attempt to strike whole
    chunks from IBM's subsequent response, and the Judge denied SCO's motion
    motion to strike parts from IBM's declaration (or else have an opportunity
    to reply) all that was even after SCO had been told plainly and
    effectively not to waste its breath attempting to ask for such things.


    Have A Nice Cup of Tea

    --
    Andreas Girardet: "In Suse, there are about 15,000 to 20,000
    developers working on the project, and internally at Novell
    we have about 1,000 developers devoted just to Suse."
    Have A Nice Cup of Tea, May 12, 2006
    #6
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