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Why people weren't talking about The SCO Group at LinuxWorld

By Chris Preimesberger on August 06, 2004 (8:00:00 AM)

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SAN FRANCISCO -- In 2003, much of the talk at LinuxWorld Expo & Conference was of the increasing worry about IP litigation involving Linux and Unix, especially emanating from Lindon, Utah, via The SCO Group. SCO had filed a $5 billion lawsuit the previous March against IBM, contending that Big Blue had knowingly misused and distributed SCO's Unix System V code within its AIX operating system. A lot of not-very-nice words were used last year to describe the litigation that SCO was initiating. This year, things were different; the name "SCO" was seldom heard. UPDATED

*UPDATED* Oh, there are still plenty of SCO-involved lawsuits (IBM, AutoZone, Red Hat, Novell, etc.) shuffling their way through the courts. All but one minor point in SCO's certification infringement lawsuit against DaimlerChrysler was satisfied between the two companies out of court prior to the case being dismissed by a judge, so that case is effectively off the boards (more on the DaimlerChrysler deal at this link). No solid evidence has turned up during legal "discovery" that incriminates IBM as being a patent-dodger or license denigrator. In fact, IBM has poured a great amount of corporate legal talent, time, effort, and money into proving SCO wrong; it has said in so many words that it intends to beat the rap, no matter how long it takes.

Bruce Perens, a longtime leader in the free software and open source community, spoke extensively about the threats to Linux and free software in general at the 2003 conference in his annual "state of open source" address. Surprisingly, he didn't even mention SCO this year.

Perens has taken this battle another step further as a board member of Open Source Risk Management, which indemnifies companies against Linux IP litigation. He spent his time during his talk introducing OSRM and explaining its mission, which is to take a larger look at legal threats to Linux and other open source software. SCO is one of the key reasons why this new insurance company was organized.

Perens sounds off

"Why is nobody talking about SCO? They're toast, that's why," Perens said. "What would I say about them? There's nothing left of them."

Well, SCO does have several hundred employees in several locations around the world. There is something left of them.

"When a company makes unfounded assertions for a month or two, it can be dismissed as a mistake or wishful thinking. When the distortions go on for a full year, it becomes difficult to explain the behavior as anything but a deliberate fraud meant to hurt Linux. SCO's campaign against Linux was aimed solely at kiting their stock from 50 cents to over $20 on many statements that, it is turning out, weren't true, " Perens said.

Other LinuxWorld attendees felt the same way.

"SCO has yet to prove anything, as far as I'm concerned," said one IT manager from Bristol, Conn. "They're a bunch of bumblers. Why can't they stick to UnixWare and their current licensees and leave everybody else alone?"

"Frankly, I'm real, real tired about worrying and talking about SCO," said a Linux developer from Toronto. "I don't have time anymore for this stuff. I've got work to do, you know? I used up all my commentary on this topic months ago. I haven't gotten a letter from them, and I don't expect to."

Overall, it wasn't the newsiest LinuxWorld conference ever. But there were undoubtedly a lot of sales and partnership deals made. This was the first bona fide LinuxWorld Business Conference. Perhaps the organizers should consider changing the name for next year.

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on Why people weren't talking about The SCO Group at LinuxWorld

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Smartass

Posted by: Anonymous Coward on August 07, 2004 01:05 PM
"Why is nobody talking about SCO? They're toast, that's why," Perens said. "What would I say about them? There's nothing left of them."


Well, SCO does have several hundred employees in several locations around the world. There is something left of them.


Might it be Mr. Preimersberger that when Perens says there's nothing left of SCO he means that SCO's litigition game is toast? You see, Mr. Preimersberger, SCO is for some reason (what would that reason be? I reaaaaaaaly don't know.) identified with its litigation.

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Re:Smartass

Posted by: OwlWhacker on August 07, 2004 05:58 PM
Well, SCO does have several hundred employees in several locations around the world. There is something left of them.

If these employees haven't found other jobs yet, they obviously can't be very bright.

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DaimlerChysler

Posted by: Anonymous Coward on August 07, 2004 07:15 PM
Wasn't settled out court, it was effectively thrown out in a manner that prevents SCO from taking the case further.

The time when SCO had 700 employees has long past.

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SCO v. DaimlerChrysler case

Posted by: Anonymous Coward on August 07, 2004 09:57 PM
"SCO's certification infringement lawsuit against DaimlerChrysler was settled out of court recently..."

If I had edited this before it was published, I believe that I would have made either of the following changes:

A) SCO's certification infringement lawsuit against DaimlerChrysler was THROWN out of court recently...

B) SCO's certification infringement lawsuit against DaimlerChrysler SETTLED ON THE GROUND OUTSIDE THE COURTHOUSE recently, WHERE IT HAD BEEN THROWN BY THE JUDGE, AND THEN IT BEGAN BURNING A HOLE TOWARDS THE CENTER OF THE EARTH...

In any case, it was NOT settled out of court, according to any account I have read anywhere else.

Regards,
Sid

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Re:SCO v. DaimlerChrysler case

Posted by: CJ Preimesberger on August 07, 2004 10:16 PM
DaimlerChrysler, nine months after it was asked to by SCO Group, recertified its software with SCO. The suit was then deemed immaterial by the court and thrown out, but after DaimlerChrysler brought its software licenses up to date in an agreement with SCO. Look it up.

<nobr> <wbr></nobr>/cp

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Re:SCO v. DaimlerChrysler case

Posted by: Anonymous Coward on August 07, 2004 11:17 PM
No you've got that wrong.
Daimler-Chrysler's motion for summary disposition was granted in all particulars except the one about the time taken to reply.
In short, SCO's case was thrown out.

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Re:SCO v. DaimlerChrysler case

Posted by: Stumbles on August 08, 2004 12:13 AM
No you are wrong. DC did not do anything about bringing it's software licenses up to date or recertifying any SCOG software. They stated SCOG software has/had not been used in 7 years (IIRC).



SCOG's bone of contention was the length of time DC took to answer their request. Of course, SCOG ignored the fact they mailed the request to the wrong address for example. Additionaly SCOG was asking for information that went well beyond what DC needed to provide. For example, how many CPUs they had running Linux. Totally inmaterial.



In any case I get the impression you are suggesting DC still uses SCOG software, they do not.



No, you look it up. Groklaw would be a good place to start.

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How can you get this so wrong?

Posted by: Anonymous Coward on August 08, 2004 05:04 AM
DaimlerChrysler, nine months after it was asked to by SCO Group, recertified its software with SCO. The suit was then deemed immaterial by the court and thrown out, but after DaimlerChrysler brought its software licenses up to date in an agreement with SCO. Look it up.


editingwhiz, iirc, is the handle for Chris the author. And the<nobr> <wbr></nobr>/cp has the initials of Chris the author of this story, and the quote above. How is it that you got the above so wrong? The sub-post correcting you got it right, you got it wrong. How is this possible? Don't you read the stories that others submit? Haven't you heard of Groklaw?

What you posted sounds very similar to spin put out by SCO after the case was thrown out. Is Newforge now putting out SCO's spin?

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Re:SCO v. DaimlerChrysler case

Posted by: Anonymous Coward on August 08, 2004 09:49 AM
excuse me? SCO requested a certification that all license terms for SCO software chrysler hadn't used in 7 years were faithfully followed. apparently, they made their request directly to the CEO of the chrysler unit, who probably didn't have the faintest idea what they were talking about and had his staff investigate. iirc, the request was madre in december or january, and answered by chrysler in early april (you can find the details at groklaw), wihich would be far less than 9 months

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Re:SCO v. DaimlerChrysler case

Posted by: Anonymous Coward on August 08, 2004 12:54 PM
Okay, editingwhiz, as the author of the grandparent post, I really do want to know just where to look up this new and startling revelation that you have made regarding the SCO v. DaimlerChrysler case.

I seem to recall correcting an earlier story you posted here, and you also then blasted me with some lame reply, just like this one.

I question your facts and intentions.

This time, give an answer to my follow up please, or I personally will never trust you again. Your credibility is on the line, here. What you say sure sounds a lot like incorrect information, spin, or something you just made up.

Post your sources for this information, or admit straight out that you misinformed the NewsForge readership (unintentionally, or otherwise).

NewsForge editors - watch this guy! He makes things up and swears to them, apparently.

Best Regards,
Sid

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Re:SCO v. DaimlerChrysler case

Posted by: CJ Preimesberger on August 10, 2004 01:44 AM
Sid, you're a passionate guy, and I congratulate you for paying attention. But I didn't swear to anything. Don't go overboard here.


As a professional journalist, I certainly am not allowed to make up things in news stories or features. And I do not. Above all, credibility is all-important in any reporting position. The researcher/messenger must be trusted. What happened here is that some information that has not already been made public was given to me personally by the plaintiff, and I erred in believing that it had indeed been published.


Not everything involved in a court case is made public. I am currently preparing a story about The SCO Group's attitude toward the IT world that will include information you haven't seen before. I think you'll see things much clearer then.


Don't forget, Sid: You, as a reader, don't have to be objective. But I, as a journalist, do.

<nobr> <wbr></nobr>/cp

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Re:SCO v. DaimlerChrysler case

Posted by: Anonymous Coward on August 10, 2004 02:21 PM
You believed SCOG?????

WHY?!?!?!?!?!
I'm still waiting for their millions of deep dived lines of code in System V unix that are somewhere in Linux to appear.

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Re:SCO v. DaimlerChrysler case

Posted by: Anonymous Coward on August 10, 2004 07:26 PM
ahhh, HELLO! the case was THROWN OUT by the judge, regardless of the plaintiff's pleas not to. Why would DC agree to some 'licensing settlement' with the LOSING PARTY??
Was DC feeling remorseful for shooting down the lawsuit rather easily?
Here is a suggestion; look at the history of public allegations and/or statements the 'plaintiff' has made over the course of the last two years or so, and see how many were actually truthful or have panned out<nobr> <wbr></nobr>...just make sure you have your spin-filter turned on.
And yes, Groklaw IS a pretty good place to start, since all articles there are actually researched, and therefore have a lot more credebility than this one.
-john

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Re:SCO v. DaimlerChrysler case

Posted by: Anonymous Coward on August 10, 2004 09:01 PM
You, as a reader, don't have to be objective. But I, as a journalist, do.


Then could you bother to get the facts of the DC right? TSG lost in court. The didn't settle anything out of court. Now, if you have something that says other wise, share it.

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Re:SCO v. DaimlerChrysler case

Posted by: Anonymous Coward on August 10, 2004 10:31 PM
How about a little basic research ?
Call Daimler-Chrysler and ask if they settled with SCO.

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Re:SCO v. DaimlerChrysler case

Posted by: Anonymous Coward on August 10, 2004 11:35 PM
That is extremely difficult to believe. It sounds like a distorted view of the facts to make it seem like SCO got money from DC when they did not. DaimlerChrysler brought its software licenses up to date in the sense that they recertified their use: none. All that means is the sent them a letter saying, 'We don't use this any more at all.'

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MS-SCO, Microscoff and MS-Bush

Posted by: Anonymous Coward on August 08, 2004 12:36 AM
They will all be around as long as laywers work for money<nobr> <wbr></nobr>... and americans believe in info-mercials.

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Re:MS-SCO, Microscoff and MS-Bush

Posted by: Anonymous Coward on August 10, 2004 11:40 PM
Do Americans in general believe in infomercials? I know I don't. I remember in a Garfield cartoon there was an infomercial disclaimer that stated: "This is not a real program. We've disguised it as a real program because we think you're all too stupid to know the difference."

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Thanks for correcting this article.

Posted by: Anonymous Coward on August 10, 2004 01:08 AM
Thank you for removing the inaccurate information about the SCO v. DaimlerChrysler case.

Regards,
Sid

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Re:Thanks for correcting this article.

Posted by: CJ Preimesberger on August 10, 2004 03:27 AM
Thanks again for being eagle-eyed on this, Sid. We have updated the language in the story, and we will follow up with a second story asap -- as soon as we can gather more documentation on it. Hopefully that will be today.

<nobr> <wbr></nobr>/cp

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Re:Thanks for correcting this article.

Posted by: Anonymous Coward on August 10, 2004 05:26 AM
Cool.

Sid

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