LWN: Comments on "Novell challenges SCO's Unix claims (CBS MarketWatch)"

Novell challenges SCO's Unix claims (CBS MarketWatch)

jdthood — 2003-05-31T16:43:40+00:00

> I would think it would be very difficult to win a
> patent infringment suit against Linus, since Linux
> has been around for about a dozen years. Surely
> there's some statute of limitations for filing such
> as suit which has expired, and SCO can't pretend to
> be ignorant of Linux during that period. [...]

Do you know this or are you just expressing an uninformed
opinion?

> Of course the whole thing is ridiculous anyway.

People like Bruce Perens who have looked into these matters
think that software patents in general present a serious
threat to free software. Ridicule SPs all you want; but
when someone finally does sue Linus it won't be a laughing
matter.

Novell challenges SCO's Unix claims (CBS MarketWatch)

jdthood — 2003-05-31T16:35:58+00:00

> Microsoft: you just gave 95% of that license money to
> Novell, your old buddies.

As I understand it, that is not true: SCO gets to keep all
proceeds from new licenses.

Novell challenges SCO's Unix claims (CBS MarketWatch)

jdthood — 2003-05-31T16:31:54+00:00

> until software patents are legal it is possible to sue
> programmers for violating them

Makes no sense.

Stock comparisons (while we're on the subject)

Baylink — 2003-05-31T02:16:35+00:00

Ah... people who know how to manhandle the tools. Thanks, dude. Informative...

Novell challenges SCO's Unix claims (CBS MarketWatch)

FarcePest — 2003-05-29T18:05:18+00:00

I would think it would be very difficult to win a patent infringment suit against Linus, since Linux has been around for about a dozen years. Surely there's some statute of limitations for filing such as suit which has expired, and SCO can't pretend to be ignorant of Linux during that period. Of course, nobody (outside of SCO) even knows what patents would be claimed to be infringed upon anyway. Of course the whole thing is ridiculous anyway. It's far more likely that SCO is violating the GPL (iirc, they have ext2 filesystem support) and Linus' copyright.

Novell challenges SCO's Unix claims (CBS MarketWatch)

Odysseus — 2003-05-29T15:14:37+00:00

I found this spin from the conference call interesting.

McBride : 'Novell was supposed to come and see our alleged code violations under NDA but they were a no-show.'

Match this up with what Novell is saying
(paraphrase) You seem sincere
(verbatim)'But we wonder whether the terms of the nondisclosure agreement will allow Novell and others in the Linux community to replace any offending code. ... if we cannot
use the confidential disclosure to modify Linux, what purpose does it serve?'
(Novell clearly identifies all of SCO's recent behavior, INCLUDING the NDA offer for what it is, FUD)

and 2 paragraphs above..
'failed to put us on meaningful notice of any allegedly infringing Linux code, and thus has withheld from us the ability -- and removed any corresponding obligation -- to address your allegation.'

I wonder if Novell has run this through their lawyers and this is exactly the lawyers' advice, ESPECIALLY the 'and removed any corresponding obligation'.

Is this another legal SNAFU that SCO has committed that will prevent them from ever collecting one thin wooden nickel from the Linux world?

bryjen — 2003-05-29T14:07:37+00:00

"...unless more companies start licensing SCO's property, he may also sue Linus Torvalds..."

All you Linux companies pay up, or the penguin guy gets it!

Hello, Utah Attorney General? I'd like to report a blackmailing....

Stock comparisons (while we're on the subject)

rjamestaylor — 2003-05-29T05:22:48+00:00

speaking of comparisons: RHAT vs MSFT vs the broad market over the past year (assuming $1 purchase in each "stock" one year ago today). No wonder Ballmer sold so much the other day ;)

Novell challenges SCO's Unix claims (CBS MarketWatch)

proski — 2003-05-29T02:21:21+00:00

I don't think the stock price is a valid argument. How would you explain this comparison between SCO and Red Hat? SCO shares still trade well above their prices two months ago.

Novell challenges SCO's Unix claims (CBS MarketWatch)

surazal — 2003-05-29T01:53:29+00:00

NEWS FLASH (humor alert!): SCO threatens to sue Linus Torvalds, Alan Cox, Theordor Roosevelt, Gengis Kahn, lampshade sitting in corner, Thor the Thunder God, several undiscovered quasars lying at edge of universe, concept of virtue, and four of the eleven "hidden" dimensions of the Universe theorized by the standard model proposed by physicists specializing in cosmology for IP, patent infringement.

May 28, 2003: SCO today has revealed plans today to sue at least several dozen people, companies, inanimate objects, stellar objects, abstract mathematical and philosophical concepts, and mythical gods over what it calls "blantent disregard for SCO's intellectual property rights". Many were dumbfounded at SCO's claims, including laywers at IBM. Most of them had expressed confusion since the concept of virture, one of SCO's targets in the proposed lawsuit, was unknown to many lawyers.

"I didn't think it was possible to sue four of the eleven 'hidden' dimensions of the Universe theorized by the standard model proposed by physicists specializing in cosmology", said one anonymous source from IBM. "According to SCO's logic, there's money to be made there."

"Hmmmm..." added the source, "I'd better look into that to see if there really is any money to be made there." The anonymous source from IBM then disappeared in a puff of logic.

Novell challenges SCO's Unix claims (CBS MarketWatch)

neoprene — 2003-05-28T22:37:19+00:00

ha ha ha, ho ho ho, he he he, hah ha ha, oooooo hah hah ha, geeeee he he he
hah hah hah hah, heh heh heh. This is so funny.

Novell challenges SCO's Unix claims (CBS MarketWatch)

proski — 2003-05-28T22:03:36+00:00

Note that McBride considers sueing Linus Torvalds for "patent infringement".

The problem is that until software patents are legal it is possible to sue programmers for violating them. Even if Linus wins, the case would show other programmers how vunerable they are. On the other hand, I don't expect this case to convince the masses, let alone the legislators, that the software patents need to be abolished.

Ignoring piles of software patents while writing the code is still "stealing" for most non-programmers. If that perception doesn't change, we are going to have similar lawsuits over and over again.

Novell challenges SCO's Unix claims (CBS MarketWatch)

torsten — 2003-05-28T21:47:06+00:00

Clickable Link.

Wheres a good clue by four when ya need one?

NerdlyMcGeek — 2003-05-28T21:43:23+00:00

Common Darl,

Git back inna wood shed widda clue by four. Now start ta whackin yurself on the mellon again boy..

Bad Darl, bad!@#$%, bad!@#$%^&, bad!@#$%^&*....

thats gotta hurt Reeeal Good!!!

Remark

kunitz — 2003-05-28T21:30:02+00:00

It's time now for Darl McBride to recall the following commandments:

Thou shalt not bear false witness against thy neighbor. (Bible)

Show me the code. (lkml)

Novell challenges SCO's Unix claims (CBS MarketWatch)

neoprene — 2003-05-28T21:27:54+00:00

SCO: how low can go? http://finance.yahoo.com/q?s=SCOX&d=c&k=c1&a=v&p=s&t=1d&l=on&z=m&q=l

Microsoft: you just gave 95% of that license money to Novell, your old buddies.

Novell: is this BS a violation of that distribution contract with SCO? Can that License be revoked?

Novell challenges SCO's Unix claims (CBS MarketWatch)

skvidal — 2003-05-28T21:25:17+00:00

I cannot conceive of a worse idea than suing Linus. Suing a large faceless corporation over a tenuous grasp of reality is bad enough. It will make a lot of people laugh at you and mock you and maybe dislike you.

Suing a programmer, living in California with 3 kids to support, could possibly rank on the top 10 of "bad ideas" in the history of the world.

Could you imagine the sheer volume of donations to Linus' Legal Defense Fund?

Could you imagine the outpouring of hate towards SCO and anyone vaguely associated with them?

Linus seems like a really BAD CHOICE of someone to pick on.
-sv

Novell challenges SCO's Unix claims (CBS MarketWatch)

GrumpyDog — 2003-05-28T21:11:50+00:00

... and your little dog too ... Toto!...

Sheesh! Somebody pour water on them already!