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The SCO Group: we're not dead yet
Here (by way of Groklaw) is the SCO Group's response to its loss in court last week. "Although the district judge ruled in Novell's favor on important issues, the case has not yet been fully vetted by the legal system and we will continue to explore our options with respect to how we move forward from here."
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The SCO Group: we're not dead yet Posted Aug 13, 2007 14:30 UTC (Mon) by kripkenstein (subscriber, #43281) [Link] Well, after reading that I can only say it is nice to see the former Iraqi Information Minister has found employment.
The SCO Group: we're not dead yet Posted Aug 13, 2007 14:54 UTC (Mon) by mbottrell (guest, #43008) [Link] No matter how much you whip the horse...it's still dead.
The SCO Group: we're not dead yet Posted Aug 13, 2007 15:07 UTC (Mon) by mbottrell (guest, #43008) [Link] Furthermore, it appears SCO needs to learn to read a judges ruling better.
The ruling is here: http://www.groklaw.net/article.php?story=20070810165237718
In a nutshell SCO:
' The court concludes that the APA as amended by Amendment No. 1 excluded UNIX and UnixWare copyrights from the Assets transferred to Santa Cruz by the Bill of Sale. The Bill of Sale executed by the parties on December 6, 1995, transferred ownership to Santa Cruz of the Assets as defined by the APA and Amendment No. 1. Thus, the scope of the Assets transferred by the Bill of Sale is determined by the definition of Assets set forth in the APA and Amendment No. 1. Amendment No. 1 made some revisions to Schedules 1.1(a) and (b) but did not change the description of the Intellectual Property included and excluded from the transfer. A review of Schedule 1.1(a) listing transferred assets and Schedule 1.1(b) listing Excluded Assets demonstrates that the transferred assets did not include the UNIX and UnixWare copyrights. The only "Intellectual Property" listed in the Schedule 1.1(a) list of assets to be transferred are the UNIX and UnixWare trademarks. Schedule 1.1(a) did not identify UNIX or UnixWare copyrights as an asset to be transferred. Conversely, the Schedule 1.1(b) list of "Excluded Assets" expressly excluded from the transferred assets "[a]ll copyrights and trademarks, except for the trademarks UNIX and UnixWare." Thus, the language of the APA and Amendment No. 1 at the time of the Bill of Sale is clear: all copyrights were excluded from the transfer. '
To repeat the copyrights for UNIX and UnixWare were excluded from the transfer.
It hasn't held up in court... and as such it appears your house of cards has just folded.
The SCO Group: we're not dead yet Posted Aug 13, 2007 23:15 UTC (Mon) by jlgreer1 (guest, #29948) [Link] It is hard to believe that SCO actually purchased the tradmarks without the copyright material. What were their lawyers and execs thinking? Novell must have seen them coming. :)
fos....
The SCO Group: we're not dead yet Posted Aug 13, 2007 15:15 UTC (Mon) by allesfresser (subscriber, #216) [Link] Perhaps some garlic, silver bullets, and/or wooden stakes are in order?
The SCO Group: we're not dead yet Posted Aug 13, 2007 15:24 UTC (Mon) by mbottrell (guest, #43008) [Link] Think they are branded IBM/Buffy. The stakes have well and truly been sharpened... the gun loaded, and the garlic is hanging.
SCO is likely to dive into that swimming pool of Holy Water whilst backing away from IBM.
What's sad, the way this is going IBM/Novell will find SCO goes under before they can pay out their losses.
It will be interesting after all the wash just 'how involved' Microsoft has been throughout the whole crusade. Where does this actually leave Microsoft Unix Services for Windows?
The SCO Group: we're not dead yet Posted Aug 13, 2007 15:34 UTC (Mon) by gouyou (subscriber, #30290) [Link] Where does this actually leave Microsoft Unix Services for Windows? In the same place as OpenSolaris, not moved at all. They purchased the right to some Unix IP, SCO was an authorized reseller of Unix IP, so the trouble between SCO and Novell doesn't really concern them, at least for this bit.
The SCO Group: we're not dead yet Posted Aug 14, 2007 5:48 UTC (Tue) by remijnj (subscriber, #5838) [Link] Seems to be taken care of:
(wait 30 seconds for the nag strip to go away)
Check out the Aug. 15 strip Posted Aug 16, 2007 4:55 UTC (Thu) by pr1268 (subscriber, #24648) [Link] It's a variation of the Aug. 13 strip, but I won't spoil it any further. Suffice it to say I laughed. A lot.
The SCO Group: we're not dead yet Posted Aug 13, 2007 15:36 UTC (Mon) by epeeist (guest, #1743) [Link] Their share price graph (http://finance.yahoo.com/q/bc?s=SCOX&t=5d) looks something like a Heaviside function
The SCO Group: we're not dead yet Posted Aug 13, 2007 16:24 UTC (Mon) by Los__D (subscriber, #15263) [Link] Wow, *BOOM*! :)
The SCO Group: we're not dead yet Posted Aug 13, 2007 19:33 UTC (Mon) by pcampe (subscriber, #28223) [Link] They chose to fight against open source and they lose, badly. Who knows where they could have been now if they had chosen a different approach years ago, when they still had cash and investors' confidence to develop new products.
The SCO Group: we're not dead yet Posted Aug 13, 2007 23:28 UTC (Mon) by error27 (subscriber, #8346) [Link] The stock did surprisingly well actually. Over the weekend the major stock holders must have all decided that the stock was worth 45 cents. It held steady at 45 cents all day. There were almost 6 million shares traded but they were able to hold it.
I'm sure Darl thinks tomorrow won't be as bad.
Darl thinks that SCO still has assets left like the Unixware business, recent code and the trademarks. Unfortunately for him, that won't be enough.
The SCO Group: we're not dead yet Posted Aug 14, 2007 1:23 UTC (Tue) by phgrenet (subscriber, #5979) [Link] If the stock gets below $1 for some times they will get delisted. It already almost happened to them recently; it may happen again. So I don't think shareholders would be happy with 45 cents for a long time. But of course they may file for bankruptcy before so that may be a moot point.
The SCO Group: we're not dead yet.... but already lost the IBM case? Posted Aug 13, 2007 19:59 UTC (Mon) by chel (guest, #11544) [Link] Just a citation from the ruling: "Therefore, Novell is entitled to a declaration of rights under its Fourth Claim for Relief that it was and is entitled, at its sole discretion, to direct SCO to waive its claims against IBM and Sequent, and SCO is obligated to recognize Novell’s waiver of SCO’s claims against IBM and Sequent." IMHO opinion this reduces the IBM case to counterclaims.
The SCO Group: we're not dead yet Posted Aug 13, 2007 21:46 UTC (Mon) by atanu (guest, #46754) [Link] here's rob enderle, the buffon, shilling for sco yet again, hopefully the last time.http://www.itbusinessedge.com/blogs/rob/?p=139
The SCO Group: we're not dead yet Posted Aug 14, 2007 2:18 UTC (Tue) by bojan (subscriber, #14302) [Link] Yeah, he up to his usual tricks. Just read this snippet:
> (which by default makes it [Unix] legally part of Linux, given the GPL)
Except, of course, for the fact that there isn't any copyrightable Unix in Linux.
But, Rob wouldn't be Rob if he didn't try a sleight of hand or two... Gotta love him for trying :-)
The SCO Group: we're not dead yet Posted Aug 14, 2007 9:11 UTC (Tue) by fandom (subscriber, #4028) [Link] I specially liked the way he said that the iPhone is based on Linux andtherefore violates the GPL.
He simply can't stop attacking Ms 'enemies', it is kind of cute in a
The SCO Group: we're not dead yet Posted Aug 14, 2007 16:48 UTC (Tue) by drag (subscriber, #31333) [Link] Somebody should make a fansite for Rob Enderle. Track what he has done for SCO and bizzare statements and predictions as well as very factual and easily understandable technical reasons about why they are so bizzare, written so that a lay person can understand it.
Then maybe you can have the yearly SCO-Enderle award for creative and unrelenting use of FUD as related to practical technology.
It would be hilarious and be a warning for corporations that would attempt to use propaganda like this to discredit competitors and otherwise engage in behavior that would not only hurt other companies, but their own customers and the state of computer tech in general.
The SCO Group: we're not dead yet Posted Aug 14, 2007 21:48 UTC (Tue) by leoc (subscriber, #39773) [Link] Or we could just continue to ignore him and go on with other far more important things like mowing the lawn and cleaning the gutters. :)
The SCO Group: we're not dead yet Posted Aug 15, 2007 1:11 UTC (Wed) by drag (subscriber, #31333) [Link] Gah, don't remind me.
92 F (or 33.3 C) with 90+% humidity.. outdoor choirs like pushing my lawnmower up the long steep hill that other people call my front yard isn't something I want to be doing.
*sob*
The SCO Group: we're not dead yet Posted Aug 15, 2007 7:07 UTC (Wed) by icculus (subscriber, #4942) [Link] "I specially liked the way he said that the iPhone is based on Linux and therefore violates the GPL."Enderle certainly seems to have an agenda, of course, but how is the iPhone, which ships with WebKit (based on KHTML), not violating the LGPL license? The end user can't swap it out with their own build, as far as I'm aware. I would say it's the same licensing issue that prevents LGPL code from going onto a PlayStation game disc, even if any source changes are published. (Unless "Safari" on the iPhone isn't using WebKit...?) --ryan.
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