la moule de ta mére, mouffi ou moufflarge tante mcbride

I agree with the vocal majority. Here's another take.

SCO claims they 'own' Novell's Operating System - Unix System V.

Er, Novell's OS was called "NetWare", people, and it is a shame they essentially cut support for the most C2 compliant (secured) OS in town with their dot-com craze. System V was an AT&T OS. AT&T was a public phone company, which was really unable to compete|market in the HW & SW community due to the monopoly it had, so it opted for a divestiture to get into the game, but was too slow on the draw and got beat by IBM. But in the process, they 'released' themselves from Unix to allow others to use it to let it gain popularity (while they reorganized), so long as they were not required to provide any support for it. After all, they were not really allowed to compete in SW Support arena (such as the current Linux Distros do) either as well as SW development & SW licensing unrelated to public telephone usage.

I suggest that SCO is also overstating their ability to control licensing of lines of code, or of code segments with a corresponding cost per line of code, but that their inheritance from AT&T is no more no less than an assurance that what is referred to as "System V" remains stable, consistent, supported, and ... well, old. But very solid, tried and true.

As per Barron's IBM threw some AIX code into the Linux pool. AIX is IBM's licensed UNIX version. What would it take to just take that code out of Linux and do a rewrite? Is that too hard to do? That would just stop this nonsense in its tracks. Maybe RedHat Novell and IBM could contribute monetarily towards that effort>

SCO (a.k.a. Stupid Crummy Operating System) has done nothing but muddy the waters of UNIX since its inception.

SCO has never has worked....anything from Solaris X86 to Linux (notch) can smoke it. SCO is the YUGO of Unix operating systems.

All you have here is some duffus' (do-fuss-ez) who missed the internet wave, and are trying to cut their losses by riding Linux's coat tails, and helping the evil empire (BTW - who is behind Ballmer's mask???? I am guessing that it is Paulie Shore in a “fat suit”. We all know that Gates is the Evil Emperor.

BTW - Ever notice that Al Gore and Bill Gates are never in the same room at the same time? Would explain a great deal, eh?

Bill gates “invented” windows

Al Gore “invented” the internet”

It seems that only one scumbag is going to get rich on the back of SCO. All of SCO's stockholders are going to take a bath and learn that get rich quick through law suits works only for the lawyers filing and defending the suit. David Boies soaked Al Gore and delivered nothing. He is now soaking SCO (who I have no sympathy for) by collecting confiscatory fees and stock options. He will continue doing it until the suit fails in court but he will have long since sold his stocks, donated them charity for a write off, or used the shares for collateral by the time the value of SCO is worthless. Boies will prolong the bilking of millions as long as he can drag his dog and pony show before the press. But if he really cared about his clients, the court case would now be under way. The courts can't help the many businesses that are being shaken down until the case is before them. Boies knows this and you can bet that SCO's CEO knows it as well. I would watch how the shares are bought and sold by the top SCO executives, Microsoft and Boies.
If the GNU foundation were smart, they would set up an escrow fund for the companies that feel they need to pay the extortion claim of SCO. At least the companies being extorted will not loose their money when SCO finally sinks in bankruptcy. (The money should be kept in escrow in a safe country where U.S. courts can't force partial pay out.) This would keep a certain bunch of lawyers from getting rich and walking away with millions. It would also force the suit into court faster and may even save SCO in the long run by not having to come up with money they have already spent.
Microsoft knows the longer Boies drags it out and continues making outrageous claims, that it will stop businesses from jumping into the Linux camp. Intel also knows that the only 64-bit game in town for the masses currently resides on AMD Athlon 64 running Linux. Small businesses can be kept at bay from going the AMD way by the threat of legal reprisal from SCO. Its all about market share. And of course IBM understands it as well. If they can drag this out just 13 more months, SCO will not be able to recover when IBM wins the lawsuit. That would bring down another competitor in the market. Microsoft, Intel, IBM, and the law firms are all hedging at the table and seeing who will fold before they are forced to show what's in their hand. But this game is unjust because the stakes are really hurting a free market economy. Intellectual Property (IP) if left to play supreme above all else will choke off a robust economy and courts already prove they can be bought off by the highest bidder. Telling the lie long enough sometimes gives the courts enough cover to treat it as truth so they can get a piece of the pie on the side.
I think it is time to stop the flow of cash into SCO by employing an escrow and everyone who pays SCO directly any way is perverting justice, hurting SCO investors, and should be boycotted. I even recommend that those who have been extorted by Boies and SCO should ask for their fees to be transferred over to escrow.

Maureen should have kept reading. Or maybe that was the only part Blake Stowell was willing to share.

The very next sentence says, "In the event of a change of control of Buyer, the language Maureen O'Gara quoted in her column shall case to exist."

I'm paraphrasing, but that's what it basically says.

oops I for got the url.

http://www.alwayson-network.com/comments.php?id=1303_0_4_0_C

I think this shows "sco" is going to hurt very badly when the "wash comes in".
IMHO this might be the end of "sco"

I think Redhat is going to be the only big winner is this legal fiasco

Paragraph 1.6 applies to the "Licensed Technology", as does the entire agreement. The Licensed Technology being SysV. It thus does not apply to Linux. The agreement does not say that Novell isn't allowed to compete with old SCO with any other technology.

Only in the twisted reallity that seems to exist in McBride's mind is any Unix like product the same as SCO's Unix.

How come you need not to be a lawyer to debunk the legal excrement that comes out of Utah, I wonder..

Re: Non-compete agreement:

I think the key phrase is:
"... the Licensed Technology does not constitute a primary portion of the value of the total bundled or integrated product."

The Linux portion could be valued at $0.00 .

SCO still can't figure out the difference between various products, confusing Linux with Unix. I don't think SCO will win it's lawsuit against IBM, and even if it does, it's not clear how that will impact Linux.

As for the IP issues around open source, people should realize that the GPL provides IP protection, including ownership. For example, Torvalds owns Linux as a trademark and owns the copyrights. This ownership is precisely what keeps others from just taking it and doing what they want. People think open source means nobody owns it, but that's not the case. It just means the code is open for others to review. You couldn't impose copyleft and other items if there were no IP ownership.

SCO will lose this one.

SCO has become the laughing stock of the IT industry, in my opinion. Who would take them seriously now or in the future?
Hope they enjoy hanging to the end of their rope while they can. Soon, they will fall off of it into oblivion.

Well it looks like the open source facade is finally showing at the cracks. If i was the intellectual(what does intellectual mean) owner of an open source project, i would want to protect it in some way. If i said yippe da doo, and i programmed a program to say yippy da doo, would disnay
land own it

Well it looks like the open source facade is finally showing at the cracks. If i was the intellectual(what does intellectual mean) owner of an open source project, i would want to protect it in some way. If i said yippe da doo, and i programmed a program to say yippy da doo, would disnay
land own it

Well it looks like the open source facade is finally showing at the cracks. If i was the intellectual(what does intellectual mean) owner of an open source project, i would want to protect it in some way. If i said yippe da doo, and i programmed a program to say yippy da doo, would disnay
land own it

SCO doesn't own the rights to Linux, it just thinks it does because thet claim that Linux is tainted with UNIX code that they say they own. So Novel is in the clear in terms of purchasing Suse and distributing Linux.

Head over to www.groklaw.net where this has already been hashed over. Remember that just like Star Trek, you have SCO-TOC (SCO - The Original Company) and SCO-TNG (SCO - the next generation). The original agreement was with SCO-TOC and Novell. SCO-TOC _sold_ it's assets to SCO-TNG. As such, the following would seem to be relevant:

The Asset Purchase Agreement states:

The license agreement shall also provide Seller with an unlimited royalty-free, perpetual, worldwide license to the Licensed Technology upon the occurrence of a Change of Control of Buyer described in Section 6.3(c) hereof. In the event of a Change of Control of Seller (as defined in Section 6.6 hereof), the license granted pursuant to the license agreement shall be limited to Seller's products either developed or substantially developed as of the time of the Change of control.

Yep this is totally amusing and entertaining. SCO makes noise, stock goes up, people make money. Meanwhile, another bunch of lawyers gets rich.

Ultimately it doesn't really matter who wins out on this. The image of Linux is being dragged through the dirt just like MS planned when they bought a license from SCO. SCO had no money to pursue this until the Ballmer / Gates faction got involved.

If the unknown Fortune 1000 victims have any sense, maybe they should just BUY SCO, drop the suits and bury McBride. He could give a rats behind about SCO's IP rights anyway. He's out for money. Wave enough now and he'll go away. It would be a drop in the bucket compared to what the litigation is going to cost over the next decade.

Why make a bunch of scumbag lawyers rich?

I just finished reading (I think it was on Groklaw) that the non- compete agreement also had some terminology referring to "the present company" or words to that effect. And in essence when Old SCO became new SCO that non- compete agreement became invalid.

I just finished reading (I think it was on Groklaw) that the non- compete agreement also had some terminology referring to "the present company" or words to that effect. And in essence when Old SCO became new SCO that non- compete agreement became invalid.

"Licensed Technology" is Unix, not Linux... Duh.

No big problemo for Novell. Linux is not "Licensed Technology" (ie "Unix"), as the SCO/IBM suit will demonstrate. This is all or nothing for SCO. If they can own Linux, then sure everybody's gonna take a bath. But the chances of them prevailing is zip.