Australian Linux User Group Fights Back Against SCO 504
ashitaka writes "The Sydney Morning Herald is reporting that an Open Source group has gone on the offensive in response to SCO's latest demands that Linux users must buy a Unixware license to avoid any possible future unpleasantries. 'Open Source Victoria today filed a complaint with the Australian Competition and Consumer Commission, asking it to investigate SCO's activities in light of 'unsubstantiated claims and extortive legal threats for money' against possibly hundreds of thousands of Australians.' I especially like the last bit: 'One feels that this whole fiasco is the IT industry equivalent of a Nigerian scam or internet extortion ploy.' Oh yeah.."
Patriotism... (Score:5, Funny)
Don't get Australian humour do you ? (Score:3, Funny)
Some examples
* Most Australians struggle to remember the first verse of the anthem, let alone know the other three verses, or even that three others exist (at least I think there are three others, of course I don't know the words to them).
* A significant number of Australian's probably think "Walzing Matilda" is the anthem, not "Advance Australia Fair".
* We're not sure if we have to stand up or not when the anthem is played. Thankfully,
Good job! (Score:2, Redundant)
Re:Good job! (Score:5, Insightful)
Someone (Mad Dog?) said that Linux and OSS are international treasures that should be protected, and government intervention might be just what we need. Obviously US government would never intervene (Bush & all), but there is hope that e.g. EU or Oz might have something to say.
Re:Good job! (Score:5, Interesting)
What about Canada? We use linux too eh?
Maybe somebody needs to go out and help dig up the various ways we can legally fight back against SCO et al. Various countries, various investigative bodies, various laws.... it's confusing. If somebody in the legal "know" gives us the options, then perhaps more groups will form together as an organized coalition again the "evils that be (tm)".
Yes, I already know about donating to the EFF, etc... but how about organized legal or political opposition? What are my options there
p.s. from experience I can say that Linux is gaining ground within various branches/sectors of the Canadian gov't... so perhaps they'd be more open-minded about such things?
Re:Good job! (Score:3, Informative)
You have already contributed [usenix.org] and are continuing to contribute. [linuxsymposium.org]
O! Canada. Thank you.
Re:Good job! (Score:5, Informative)
In germany SCO is already under an injunction for anticomptetitive practices. All it takes now will be for Linuxtag to go into courts again and make it stick. 300000 per case will drain the SCO battle chest very very fast.
Re:Good job! (Score:5, Insightful)
These guys love publicity and this is win/win for them. They get to flex some muscle and no Aussie company(read Packer or Murdoch) will be asked to do anything.
Re:Good job! (Score:4, Informative)
If SCO are bending the truth, this organization has the power to force them to submit all relevent documentation to prove their case without NDA, or alternatively they can forget about pressuring Australian Businesses into the licencing agreements. If the latter happens, it won't look too good for SCO elsewhere.
I hope they still have the teeth they had when Professor Allen Fels was in charge.
Re:Good job! (Score:5, Interesting)
Re: Good job! (Score:5, Funny)
Linux is a Weapon of Microsoft's Destruction.
Re:Good job! (Score:5, Interesting)
If you've ever contributed code to GNU/Linux, then you may have some room to sue them for copyright violation and/or breach of contract (I think you'd defintitely want the legalese version of and/or).
One possible approach (especially for people with copyright interest in Linux code) would be to sue for a declaratory judgement that SCO has no rights to sue people for copyright violation or patent rights to any Linux code that's been distributed by them (or, at the very least, been distributed by them since they "became aware" that the impugned code was in Linux).
I think that one could also include suit for slander/0. 1libel -- especially given what they said in conjunction with their original complaint.
[note: you can't sue them for the original lawsuit, itself. Court filings have some sort of limited immunity against libel laws, but what they say outside the courtroom -- especially in press releases, et al. is potentially legally actionable].
I think that any such action should also include an injunction against them extorting companies for payments to prtect themselves against such actions.
The basis of the action would be that SCO is clearly now aware of the impugned violations, but they have not only continued to distribtute that impugned code under the GPL -- they have wilfully frustrated attempts to determine precisely what code is supposedly in violation (which would allow it's removal from the public code).
In frustrating attempts to determine which code could be removed to place Linux into compliance with any claimed copyright and/or patent rights, SCO is not only condoning the continued distribution of that code -- they are effectively forcing it's continued distribution. They are now claiming to have effectively poisoned the entirety of the Linux code base and, in that context, they are claiming effective control of that entire code base and attempting to effectively extort companies into buying 'protection' from SCO against this legal phantasm.
Note also: In the digital world, there is no way to tell the difference between allowing a copyright notice to remain in a piece of code and removing, then replacing that same notice. SCO's affirmative placement of GNU licence notices on their impugned code is indistinguishable from passive acceptance of its presence in code that they are distributing.
(That would be another declarative relief to ask for)
The longer-term relief to ask for from the courts would be for copyright violation. By attempting to limit the distribution of the Greater Linux code and by attempting to limit licencees to binary-only rights (in their latest moves), they are clearly in violation of both the spirit and letter of the GPL. As such, they have lost the redistribution rights to any Linux code that is not theirs, as of the initiation of their anti-linux campaing. Their continued distribution of that code absent the permissions given by the GPL are a copyright violation.
____
One final note: If the code that SCO attempted to NDA turned out to have not been code that was solely under their own copyright control, then attempting to NDA that code without the permission of the author who GPLed it would also be a violation of the GPL.
IANAL, but I like to play one in court sometimes.
The joke is on them. (Score:2, Informative)
It would almost be funny if this whole mess were not true. sigh
Re:The joke is on them. (Score:5, Funny)
The first, "Your IP address is being broadcast to the entire world every time you use the Internet! Send us money!"
The second, "You are using Linux! Send us money!"
And apparently someone thinks my penis isn't long enough so I should pay them for that too.
Re:The joke is on them. (Score:5, Funny)
Half of the slashdot crowd would starve if it wasn't for mom's cooking! The joke's on you, SCO, you pathetic losers... Oh wait.
This is welcome news (Score:5, Interesting)
Additionally, I really enjoy Linus' comments in his recent interview.
Good work guys!
Why bother standing up? (Score:2, Interesting)
If SCO claims copyright infringement in the middle of a deserted forest, does the claim make a press release?
Standing up against SCO is important (Score:5, Informative)
The more Linux groups fight back, the more the casual and business users will disregard the threats from SCO. The more dignified resistance we put forward, the more credibility the non-computer press will give us. I think this is great news coming in from Australia.
Re: Penguins defending their brethren... (Score:3, Informative)
Re: Penguins defending their brethren... (Score:3, Informative)
Only in Disney cartoons do polar bears (Arctic) meet penguins (Antarctic). (There are penguin colonies in southern Australia and Africa, but no bears there either.)
Until they became extinct in about 1850, there were Great Auks [rom.on.ca] in the North Atlantic. They might have had problems with bears.
Re:Why bother standing up? (Score:5, Insightful)
On the contrary, a lot of people and companies are listening. If they are allowed to say anything they want, with nobody providing counterarguments, the unwashed will start believing that they are right.
I am almost happy that they are openly attacking Linux right now (it was bound to happen sooner or later). At least this forces everyone to wake up, instead of just ignoring the case as a contract issue between IBM and SCO.
Re:Why bother standing up? (Score:5, Insightful)
If a lawsuit happy company contacts you directly, do not just 'throw it out', show it to a good lawyer. Since you are linking to college-paintball.com, it appears you may still be in college. That usually means a limited exposure to the Real World(tm), remember these important items.
- Any lawsuit can be bad news, even if you are right.
- Most good liars can convince judge and jury.
- A half-hearted defense looks like a guilty defense.
Re:Why bother standing up? (Score:4, Informative)
Chris Raehl is the President of the NCPA, the National Collegiate Paintball Association. His bio on that site says he attended the University of Illinois.
Incidentally, the paintball industry is in the middle of a very similar case of SCO-ism. The company "Smart Parts" recently got an old patent broadened to cover basically all guns that are electronic, which includes just about anything you see on the tourney circuit. They want to license their 'innovation' to all the other manufacturers now. Sound Familiar?
The owners of this company have gotten in trouble with the FTC for patent scams in the past, and there is plenty of prior art out there, but who has any confidence that a judge is going to make a sane decision about this given their track record lately.
The best place for up to date info on all this is http://www.automags.org
See you on the field!
Re:Why bother standing up? (Score:4, Informative)
Advice should be evaluated on a case-by-case basis.
Re: Why bother standing up? (Score:5, Insightful)
> We all recognize that SCO is blowing hot air. Why not just ignore it? You get a nastygram from them, throw it out.
Surely it will be a valuable collectors' item in a couple of years?
> There's no reason to prevent SCO from talking if no one is listening in the first place.
Problem is, they're not spouting this nonsense for the benefit of well informed geeks. They're either targeting clueless PHBs (kamakazi attack on Linux hypothesis) or else clueless suckers wanting to make a quick buck on the stock market (finance golden parachutes hypothesis), and those people are going to listen whether we do or not. Far better that we should listen carefully and then point out the bullshit very publicly.
Re:Why NOT standing up? (Score:3, Insightful)
Re:Why bother standing up? (Score:4, Interesting)
I used to work for a Fortune 500 company and they were taken in by the International Business Directory scam. Some employees/managers preferred paying them off instead of receiving more harrassing phone calls. I have no doubt those same employees/managers who paid off those scammers would also pay off the SCO scammers as well.
We need to get the message out... (Score:3, Insightful)
Re:This is welcome news (Score:5, Informative)
In Germany, SCO was already stopped by a court to continue unproven claims about copyright violation in Linux - on the grounds of law against unfair/untruthful marketing.
If the Australians are successful with their complaints, then hopefully North Americans will be at last inspired to do similarly.
Re:This is welcome news (Score:5, Informative)
And I can tell you, SCO is going to get even more big problems with the assertion that SCO will license Linux to companies. Since SCO doesn't own the complete copyright to Linux, licensing it under a different license than the GPL and earning money with these licenses is a crime in Germany and Europe. This can get the CEO of SCO Germany 2 years in prison.
Re:This is welcome news (Score:3, Funny)
My German is a little rusty. Can someone help me with this. The german web server of the SCO group is definitly not an Irish bar??
Re:This is welcome news (Score:3, Informative)
The German Web server of the SCO Group GmbH is not at present attainable.
And even if you don't know German, I believe Google language tools is available in America these days.
Re:This is welcome news (Score:3, Informative)
"The german Web Server of SCO Group is presently not available."
LOL!!
(The German suffix -bar is very similar to the English suffix -able. Erreichbar means available here.)
Re:This is welcome news (Score:5, Informative)
Re:Has there really been a court-case in Germany? (Score:5, Informative)
Yes. A court ordered SCO not to make these claims against Linux until they could be proven in a full court case. To avoid a public court case in Germany, SCO signed a contract saying that they will pay 250.000 Euro if they continue such claims and took their German web site off-line.
A German article [heise.de] with Babelfish translation [altavista.com], another English article [extremetech.com].
Several people submitted this story at the time, but somehow it got rejected.
Re:This is welcome news (Score:5, Informative)
In a way IBM already has told SCO to bugger off [theregister.co.uk].
I apologize ahead of time, but.. (Score:4, Funny)
Re:I apologize ahead of time, but.. (Score:2)
What the hell is a "Bloomin' Onions" ? Some kind of cockney foodstuff ?
'cause it ain't Australian.
Re:I apologize ahead of time, but.. (Score:2)
Vegimite? (Score:3, Funny)
All-in-all... I figure if aussies can eat the stuff (concentrated yeast extract, black... not overtly tasty though I found it tolerable) then they are a force to be reckoned with. Just sit on the SCO execs and force-feed them some until they come around...
"Good god, they enjoy this stuff??? They're not human!!! we repent... we repent!!!"
Bravo Ozzies!! (Score:5, Insightful)
Re: Bravo Ozzies!! (Score:3, Insightful)
> I hope that they put the boots to SCO. Whatever their contributions to Linux as Caldera
These aren't even the same people. These are ambulance chasers who bought the body in hopes of suing on its behalf.
Re: Bravo Ozzies!! (Score:3, Funny)
Yes, there's new management, and I'm sure the engineers at SCO are good enough guys, but the company suing is what used to be Caldera.
Well, if it's like the Nigerian "scam"... (Score:4, Funny)
Many hands make light work (Score:5, Interesting)
BTW, /. should probably stop posting SCO stories every few hours and have a "Weekly SCO digest" feature (or "SCOback" like slashback) or something like that.
Re:Many hands make light work (Score:2)
A bunch of little lawsuits would force them to reveal the "stolen" code piece by piece.
Buisiness Plan (Score:3, Funny)
1 you owe us
2 why?
3 ?
4 Profit
These SCO guys are really [uklinux.net] onto something.
A Genteel Confrontation. (Score:2, Funny)
AUSTRALIAN LADS. Sir, this is unacceptable! If you do not desist immediately, we shall take action of our own! So stop, sir, or we shall file a complaint immediately!
[[MR. MCBRIDE makes further outlandish threats.]]
[[AUSTRALIAN LADS file a complaint.]]
- Exeunt -
Re:A Genteel Confrontation. (Score:4, Interesting)
OK, so maybe all SCO would do is stop doing business in Oz, well then Oz becomes a leader in OSS development and consulting to the USA's detriment.
IN SOVIET RUSSIA.... (Score:2, Funny)
Re:IN SOVIET RUSSIA.... (Score:4, Funny)
Breaking news (Score:5, Funny)
"It appears from our latest audit that we may not have aquired SQUAT when we purchased AT&T's System V code."
When asked how this would effect SCO's plan to license the Linux kernel, "We never really believed that SQUAT had been copied from the UnixWare source code into Linux, so the fact that we don't own SQUAT has little bearing on our plans to sell Linux kernel licensing"
File an SEC complaint (Score:5, Insightful)
You can file online here [sec.gov].
Comment removed (Score:4, Informative)
Re:File an SEC complaint (Score:5, Interesting)
We welcome hearing from you because your complaint may be the one that alerts us to a bad broker or firm, an unfair practice in the securities industry that needs to be changed, or the latest Internet fraud.
Certainly SCO's new licensing scheme would qualify as the latest Internet fraud. Also, the following complaint types appear on their complaint page:
I know I'll be filing complaints with both the FTC and SEC. And just because I'm doing it means that you should do it too.
OSV is an industry cluster, not a users group (Score:5, Informative)
"OSV is a marketing, advocacy and focus group, which aims to raise the profile of Open Source Software (OSS) in Victoria."
Evil! (Score:5, Insightful)
Microsoft..
DirecTV..
MPAA/RIAA..
Did I miss something? Is this the Chinese "Year of the Evil Corperation"? Is modern business even legitimate business anymore? When did the underlying ethic behind fair competition become, "Enlist your friends, sue your enemies"?
Maybe if we stuck all SCO/Microsoft/MPAA/RIAA/etc's lawyers in a Monty Python worthy blender, grinding them into a fine red (or black, as some might claim) paste, we'd have enough environmentally friendly biodegradable waste to restore a rainforest somewhere.
Finally, a practical use for lawyers..
Re:Evil! (Score:4, Interesting)
It's the end of capitalism. The US corporate complex has cut costs by outsourcing, downsized, and generally f*cked people and each other over to the point where its largest customer base (i.e., the US consumer, corporate and non-) can no longer afford to buy its products. Because of this, deflation is becoming a very probable result. Once the housing market collapses under the weight of refinace-happy consumer debt, it's all over, baby. But I digress...
Since the companies cannot keep raising their prices to the customers, they need a new business model to keep the money coming in and growth appearing to happen. Hence, the "sue everyone and hope some of it sticks" strategy. SCO, being a weak sister, is one of the first to try this ploy. Look for IP (and other) lawsuits to get even more flakey and corporations to reach ever further down the strategic toilet because they can't make and sell product anymore. This kind of crap is admission of the same and just another sign of the slide towards economic collapse leading to either anarchy or a fascist state.
Gosh, I'm cheery tonight! Good luck to all - we'll need it during the next few years...
Re:Evil! (Score:5, Insightful)
I think the pessimism running unchecked around here is getting, well, out of control. The world is NOT coming to an end, sorry to break the news to you.
I could go on, but at some point, I figure, what the hell's the point, the anti-capitalists and pessimists will never be convinced.
FTC complaints? (Score:4, Interesting)
Re:FTC complaints? (Score:5, Interesting)
Subject of Your Complaint: Investment
Name of Company You Are Complaining About: The SCO Group
Street Address: 355 South 520 West, Suite 100
City: Lindon
State or Canadian Province: Utah
Country: UNITED STATES
Zip Code or Postal Code: 84042
Company Web Site: http://www.sco.com
Phone Number: (801)7654999 Ext.
Explain Your Problem:
SCO is under new management which is currently engaging in a scheme that appears to be an elaborate "pump & dump" scam.
I urge the FTC to investigate recent stock market events and related SCO press releases and SCO legal threats against Linux users.
Thank you.
Don't piss off the Aussies SCO... (Score:4, Funny)
Global SCOresheet... (Score:5, Funny)
Germany: LinuxTAG kicks SCO, gets injunction.
Australia: Fightback - no FUD please, we're Aussies.
New Zealand: InstallFest proceeds smoothly despite arm twisting from big gorillas.
Poland: Injunction.
India : Please use OpenSource (President of India)
Japan : Consortium of Electronics firms pledge to adopt Linux. Bride's personal visit futile.
UK : Refer US, above.
France: Do the French use computers?
Please fill up for remaining countries....
-
Re:Global SCOresheet... (Score:2)
Yes, they do [libertycomputers.com].
Re:Global SCOresheet... forgot China (Score:3, Funny)
-
Canada Is Taking the Fifth (Score:5, Interesting)
From what I see and hear in computer stores everyone is hedging that Unix, SCO and IBM will self distruct and take Linux and open source with it. Such is the business attitude in Canada, they are all good MS sales people and will not rock the boat even if it sinks. The situation has become so monopolistic that it stinks.
Re: Global SCOresheet... (Score:5, Funny)
> France: Do the French use computers?
Yes, they just call them something else.
I would if I did (Score:5, Interesting)
Meanwhile, on Monday the company where I work received two fake "renew your domain" letters. Welcome to the modern business world...
This is what I sent (Score:5, Informative)
Dear Sir / Madam
As the representative of a small business (XXXXXX) I am writing to support a recent complaint filed by the Open Source Victoria regarding the actions of the SCO Group.
SCO is making unspecific and unsubstantiated claims that it owns copyright pertaining to the Linux PC operating system. It is asking any companies using Linux to purchase licences or face the threat of legal action.
Would you please investigate the claims that SCO is making so that small businesses and other companies are not pressured into making unwarranted payments.
Sincerely,
Tomorrow's news headline (Score:5, Funny)
SCO's Darl McBride states that Linux users in Australia and Germany are indemnified from potential litigation at this moment. McBride, in his trademark bold manner of speech, continues, "cuz they are all good folks, ya'know."
Anyone? (Score:2, Insightful)
Thanks,
Karem
The fake invoice scam (Score:5, Interesting)
I conclude that SCOs next step will be to write to Microsoft explaining that they have a large amount of IP tied up in a foreign software product but are unable to get it out themselves. In exchange for 15% of their share capital...oh wait, they already did that. I guess it's going to be buying Utah politicians and going round selling "insurance" against your server being ripped out of the rack and thrown out the window next.
SCO buys out Vultus Web App Co (Score:3, Interesting)
Anyone else noticed this Vultus company is a Canopy funded company too? They hang out in one of SCO's buildings. Check their website [vultus.com] especially this picture! [vultus.com]
Question: Who owns/funds ZDnet & the like?
Excellent. (Score:4, Informative)
In Australia (Score:5, Funny)
Ahhh! Libel! (Score:2, Funny)
Ahhh! Libel! (non-sucky version) (Score:2, Funny)
SCO Seeks Lawsuit Against College of Optometry
BY DANIEL BAUMGARTEN (MISINFORMATION, LTD.)
MEMPHIS, TN 12:41 AM EDT - Caldera, otherwise known as SCO, has announced today that in addition to filing a lawsuit with IBM/Linux for violating its intellectual property rights, it will now be looking for monetary damages from the Southern College of Optometry for trademark infringement.
"I really don't think (SCO) has a well-founded argument," commented William E. Cochran, O.D., presiden
Re:Ahhh! Libel! (non-sucky version) (Score:2)
I hate companies that exist only to litigate.
STEAMROLL THE FSCKERS!!!
That should teach those mofos not to play games with the law.
-uso.
In Australia (Score:2, Offtopic)
URGENT REPLY REQUESTED (Score:5, Funny)
A close business friend has given me you electonique address for communication as I have PRESSING CIRCUMSTANCES that require your assistence.
You see, I Mr. Darl McBride Esq. have a sum of US $100,000,000,000,000.00 due to me but can not on my own acquire these outstanding funds. You see I am the PRIME MINSTER OF CALDERA IP and as you may know have been DRIVEN INTO EXILE by IBM and their TYRRANICAL LINUX CONSPIRATORS AGAINST OUR SOVERIEGN NATION. Our matter of greatest importance demands that WE SEEK YOUR HELP. In return for assisting me, I will provide you 30% of the US $100,000,000,000,000.00 (US $30,000,000,000,000.00), all you need to do is provide me with your bank account number, a fascimile of your SOCIAL SECURITY NUMBER, VALID DRIVERS LICENSE OR ID and CONSENT TO OUR NDA and LICENSING AGREEMENT.
YOU SEE, YOU HAVE MUCH TO GAIN and I trust and pray that you will provide us the assistence we require in this time of need.
Phone it in! (Score:5, Informative)
The number is 1300 302 502.
They'll want to ask you questions, and in theory they will just call you back if you put a complaint in through the web.
Australian LUG,,, (Score:5, Funny)
Bruces: G'day!
Darl McBride: Hello.
Bruce: Darl McBride, Bruce. Darl McBride, Bruce. Darl McBride, Bruce.
Bruce: Is your name not Bruce?
McBride: No, it's Darl.
Bruce: Mind if we call you Bruce to keep it clear?
Bruce: Gentlemen, I think we better start the LUG meeting. Before we start, though, I'd like to ask the padre for a prayer!
Bruce: Oh Stallman we beseech thee!
Bruces: Amen!
Bruce: Crack tube!
Bruce: Now I call upon Bruce to officially welcome Mr. McBride to the 'Straylian LUG.
Bruce: I'd like to welcome the slimy bastard to God's own OS, and remind him we don't like stuck-up sticky-beaks here.
Bruces: Hear, hear! Well spoken, Bruce!
Bruce: Bruce here is a kernel hacker, Bruce here is a system administrator, and Bruce here checks source code for copyright infringement. And is also in charge of the BitKeeper repository.
Bruce: What's New-Bruce going to do?
Bruce: New-Bruce will attempt to undermine the legality of the linux source code, mislead the public about the nature of SCO's copyrighted code, question the validity of the GPL, and possibly have a secret partnership with Microsoft to reduce the spread of linux in the server and desktop markets by using a smear campaign.
Bruce: But that's a load of bullsh%t!
Bruce: Awwww spit!
Bruce: Howls of derisive laughter, Bruce!
Bruces: Australia, Australia, Australia, Australia, we love ya! Amen!
Bruce: Another tube!
Bruce: Any questions?
Bruce: New-Bruce, Are you a monopolist?
Bruce: Are you a monopolist?
McBride: No!
Bruce: No. Right, I just want to remind you of the LUG member rules:
Rule 1: No monopolists!
Rule 2: No member of the LUG is to use SCO source code in the linux kernel... if there's anybody watching.
Rule 3: No monopolists!
Rule 4: Now this term, I don't want to see any member of the LUG not infringing on SCO's copyright.
Rule 5: No monopolists!
Rule 6: There is no!--- Rule 6!
Rule 7: No monopolists!
Right, that concludes the reading of the rules. Bruce!
Bruce: This here's the penguin, the emblem of our source. You can feed it nasty SCO code, if you don't get caught, of course. Amen!
Liiiiinuus Torvalds was nearly bald and made his own O-S, and linux it was called.
Billy Gates came to take it away, but his server couldn't cut it. Linux was here to stay!
Big Blue, Big Blue was supporting it too, and linux's growth seemed assured.
Then Darl McBride came along and tried to sucker punch linux in the gut.
There's nothing Stallman wouldn't call 'em when it came to G-P-L.
He figured all the naysayers could die and go to hell!
Buuuut linux wasn't taken and linux wasn't shaken. It wouldn't be that easy to kill(1)
The penguin's here to stay, and if McBride won't play he can take his silly lawsuit and go away.
Billy Gates, Billy Gates just stews and waits for the day when his junk is obsolete.
And come that day we'll all go play Doom 3 on our linux boxen. Sweeeeet!
Yes McBride can take his silly lawsuit and just go away.
'Cause the GPL will hold up and open source will save the day!
====
Sincerest apologies to Monty Python. And Australia, too. And linux... And the Australian LUG... And anyone mentioned in the above spoof. I'm truly sorry. Really. (And for the fact that the song meter isn't exactly correct... and that many of the facts mentioned are probably distorted. It's all just a joke, I promise!)
I was always wondering (Score:3, Insightful)
I was kinda expecting the massive lawsuits against SCO from those fortune 500 companies whom SCO sent FUD letters to. Those fortune 500 lawyers are either too whimp or too lazy to actually look into the case.
Anyone have the writing skills to do this in EU (Score:5, Informative)
I'm not much of a writer for this kind of stuff; but I hope this link will make others interested to the possebilities!
Re:Anyone have the writing skills to do this in EU (Score:3, Insightful)
Correct. From this press release [eu.int] about a guide for citizens.
This Guide highlights the Ombudsman's efforts in recent years to solve citizens' problems with the Community's administration... I hope that it gives citizens a clear picture of the service that the European Ombudsman's office can provide.
Excellent (Score:5, Informative)
A few tech related things the ACCC has gotten into over the last 18 months
27 June 2003 ACCC Issues New Accounting Separation Rules for Telstra [203.6.251.7]
26 March 2003 Consumers and Small Business Set to Gain from Lower Software Prices [203.6.251.7]
21 February 2003 ACCC to Hold Public Inquiry into Internet Interconnection Services [203.6.251.7]
20 December 2002 Full Federal Court Disapproves of Dell's Earlier Price Advertising [203.6.251.7]
22 November 2002 ACCC Clears But Will Monitor Airline E-Commerce Joint Venture [203.6.251.7]
17 October 2002 Internet Domain Name Resellers Warned Against Misleading, Deceptive Conduct [203.6.251.7]
# 17 September 2002 ACCC Institutes Against Dodo Internet Pty Ltd [203.6.251.7]
4 July 2002 Court Orders Dell to Publish Corrective Advertisements [203.6.251.7]
I like the last three for some reason
29 July 2002 Game Over for Sony Playstation [203.6.251.7]
19 April 2002 ACCC Leans Toward Intervention on Line Sharing, Tells Telstra to Get On With It [203.6.251.7]
6 March 2002 Threats to C.D. Supplies Cost Record Companies $1M [203.6.251.7]
Well , that's my link-whoring for today!
Mob politics (Score:4, Insightful)
They come up with a full set of "services" to its customers. Their Web site just looks a Christmas tree full of that. Meanwhile, when you come up to it, the first thing you see is "Relax, worry free software" which is some sort of double-minded threat.
The court complaint is also pretty interesting. Most people believe that SCO is threatening IBM for some disclosure of trade secrets. In fact SCO is accusing IBM of conspiring against SCO by disclosing Unix code to Linux. All the comaplaint is a mess of distortions where Linux pre-2.4 looks much like a simple hobbiyst OS without any significance for the market. Then came IBM, changed the whole 2.4 kernel by inserting SCO code and started a campaign to drive SCO from the market. Worse than that, it seems that IBM is to blame for Linux being a workable kernel on the Intel platforms, as, in SCO's claims, they were nearly the exclusive producer and distributor of UNIX for Intel architecture!..
Among the claims filled to court one may clearly some foggy statements against the Linux community in the whole:
"This prohibition extends to derivative work products that are modifications of, or based on, UNIX System V source code or technology. IBM and certain other UNIX software distributors are violating this prohibition, en masse, as though no prohibition or proprietary restrictions exist at all with respect to the UNIX technology."
"As such, Linux 2.4.x and Linux 2.5.x are unauthorized derivatives of UNIX System V."
Note that SCO, in its complaint, is eager to generalize. Besides it leaves in the dark certain things as "other UNIX software distributors". And also it seems that BSD does not exist in SCO's Universum at all.
So what we have here? Considering the above, and the situation among the community, we have here a case that surely will take some good time to settle. SCO is clearly distorting reality so well that I fear that the court will have to take some time to digere all the confusion they created. Yes, SCO will loose it. Everyone who have seen the evolution of Linux since its start, knows perfectly that they pushed too far from reality. But courts need facts, and need testimonies, documents and expertise. And SCO seems to know that it will be rather difficult for the Linux community to gather all developers in one court room. That seems the strategy they are trying to play. If all developers gather, then SCO will have nothing to say. All the story will just be a soap bubble without any serious ground. But can IBM gather all the developers they need to counter the oversized history of UNIX, SCO is trying to tell the court? Personally I think it will be a bit difficult... Anyway, it will take time until the court gets into some conclusion. Which may be longer the DoJ vs Microsoft.
Meanwhile, even without court orders, SCO goes further and knocks every door with foggy threats of liability, if one doesn't pay for Linux. Now this clearly reminds mobs that created a FUD climate and then extorted money for "security" and "protection" services. In the whole this seems the main strategy SCO is playing. And, as in old times, commerces seem to bound to the new Capones of the 21th century, stocks are rising and SCOrface is getting richer.
Shows U.S. legal system is part of the problem (Score:5, Interesting)
One commentator pointed out that the SCO farce was bad for the U.S. -- true, but more to the point, it is a symptom of a larger problem facing America. The legal system has ceased to function in any sane form, and it is hurting the U.S. bad. The lottery of trial by jury, abolished for good reason in almost all other western democracies, means that SCO could actually win this case in the U.S., while the rest of the world tells them to go jump in a lake. German companies such as SuSE won't be paying those license fees, that's for sure.
American readers should take note that the Constitution doesn't specify the details of how courts should be set up. Congress could overhaul the system any time they choose, and give the U.S. a system that doesn't suck money and talent from American companies and waste it on millionaire lawyers and legal fees. But then, Congress is full of lawyers...
Re:Shows U.S. legal system is part of the problem (Score:5, Insightful)
The problem isn't the trial by jury. In the U.S. it's widely believed that it's supposed to be a trial by a jury of your peers. To me, that means people you interact with regularly, or who are likely to have shared similar experiences to you, so that they have the capacity to judge you appropriately based in part on the insight their experiences bring.
But the Constitution calls for an impartial jury, and as a result the concept of a jury of one's "peers" has completely disappeared, to be replaced by a lottery system that almost guarantees that the people sitting on the jury will almost certainly be unable to properly judge you.
I think trial by jury may well be a sound concept when done right, but unfortunately it's not done properly at all here in the U.S.
Re:Shows U.S. legal system is part of the problem (Score:3, Insightful)
When a persons life is at stake and they face the prospect of losing years of their lives or their very life itself I can understand why the US legal system might tend to seem slow, providing the defandant every opportunity to make sure that they are getting a fair trial.
However, when a reputation is at stake there needs to be either a) a swift resolution (Which I understand might not always be possable.)
Juries not problem, Judges are. (Score:3, Insightful)
Unfortunately it wa
Exercise your democratic right to protest... (Score:3, Informative)
Make you feelings known, drop in at the SCO Forum 2003 [sco.com].
I'm sure SCO representatives will be very happy to answer all of your licensing questions or maybe you just want to hand over your cash in person.
Much better term for our sound-bite world (Score:5, Insightful)
It's important not to underestimate the effect that labels can have in arguing one's case in a busy, harried world of people marginally familiar with an issue. Calling something "FUD" might not sway an IT manager or politician for whom the SCO issue is not completely clear; calling it "baseless extortion" is much more likely to raise the kind of ire needed to counteract this particular FUD in the mindset of the public and relevant decision-makers.
Why not do it back to them??? (Score:3, Interesting)
It has been suggested that SCO UNIX might actually contain tainted code from Linux. Surely with all this passion and number of talented
I can't comment on how feasible it will be but if this is handled in the media properly, i.e. in a blaze of publicity just like what SCO did and looked half-way organized and leaked media reports at appropriate times, at least it will create FUD for SCO investors. Just a passing thought.
If you get a US Nastygram do NOT throw it out (Score:4, Interesting)
Federal Trade Commission.
http://www.ftc.gov and click on
file a complaint right at the top.
Tell the FTC that SCO is making demands
for license fees based on unsubstantiated
claims. Keep the nastygram as evidence
for the FTC.
Something funny (Score:3, Interesting)
UNIX system V : release 3.0 INTEL 80286/80386 computer version : programmer's guide.
Searched on the Web for a little more of the book:
Published - February 1988
Copyrighted by AT&T and edited by Prentice Hall and Unix Systems Laboratory.
On its complaint, more specifically on paragraph 35 and 36, SCO lawyers nearly fill the world with tears by claiming that SCO was the sole developer of UNIX for Intel platforms. But they seem to forget that SCO developed its System V Release 3 only a year after USL's work. And that by the time they were releasing their version, USL was already launching Release 4, which 3 years later became Unixware.
It seems they the mind they have to fill new copyrights and patents is not enough to search those same copyrights and patents...
BTW. the book can still be found for sale...
Time to fight fire with fire (Score:5, Insightful)
* Use the SCO scam to refer to the situation and use extortion letter to refer to correspondence for SCO to a company.
* always use unproven allegation and unsubstantiated claim before the mentioning copyright.
* Describe SCO's letter: a letter that demands payment for a product I simply don't use. or this letter is asking me to pay a lot of money, speculating that they might win a lawsuit one day and then come after me. or this letter demands payment without any basis at all!
* Be quick to point out that Linux was not written by IBM, it was written by individual programmers all over the world.
* Point out that no industry group, supports SCO's unsubstantiated claims.
* On SCO's motivation: SCO is failing and is desperate to make money by any means. And, SCO's core product which is being replaced by a more cost-effective solution Finally: SCO is attemting to hijack Linux because their core product can't compete.
Finally, if you get a letter from SCO, send a copy and a cover letter the situation to your state's attorney general and secretary of state. One state AG or SecState has the budget, resources and clout to pull the plug on the SCO Copyright Scam nationally. Believe me, SCO is not the Tobacco Industry...
Mac Bride (Score:3, Funny)
Las Vegas, July 23, 2004
Mr Daryl McBride, form CEO of defunct SCO, announced today the opening of his wedding shoppe Mac Bride. "You can't miss it on the strip," McBride said, "Look for the two Golden Circles." "I own the IP, you know."
McBride wants all his friends, "We'll all easily fit in the chapel, a former MacDonald's location" he said, to come to his grand opening.
Daryl indicated an IPO would soon follow and he hoped to reap billions in license fees from those selling golden rings to brides and grooms. "It's my trademark and intellectual property now", he said.
McBride thinks his IPO will rocket further in value when investors learn he is threatening MacDonald's over their use of "golden half rings" as their trademark. "It's half mine," he said.
My E-mail from SCO. Ironic Nigerian scam? (Score:3, Funny)
----- Original Message -----
From: Darl McBride
Sent: Saturday, May 31, 2003 12:05 PM
Subject: URGENT AND CONFIDENTIAL
ATTN: MANAGING DIRECTOR/C.E.O
LINDON, UTAH
REQUEST FOR URGENT BUSINESS RELATIONSHIP
First, I must solicit your strictest confidence in this transaction. This by virtue of its nature as being utterly confidential and 'top secret'. You have been recommended by an associate who assured me in confidence of your ability and reliability to prosecute a transaction of great magnitude involving a pending business transaction requiring maximum confidence.
We are top officials of SCO Group (formerly Caldera International -- Nasdaq: SCOX) who are interested in obtaining your services. We are presently in negotiations in a business deal we feel will be quite lucrative. Since we may leave the country quietly in the middle of the night, in order to commence this business transaction, we solicit your assistance to enable us to transfer a large sum of money into your account to hold until further arrangements can be made.
The source of this fund is as follows: We have leveraged IP that we originally thought belonged to our company in order to solicit a rather large monetary investment by the company Microsoft. We have in turn sued IBM for contractual violations and IP violations, as well as sending out thousands of threatening letters to various corporations and Linux vendors, in a move carefully designed to drive up our stock and put us in a position for our company to be purchased simultaneously. You see, this is a carefully executed plan modeled after what some might call, "a house of cards." We hope very much that we will collect from all parties involved, sell our stock before it tanks, and head for some fun in the sun, IF all goes as planned.
However, by virtue of our position as members of the SCO Group, we cannot acquire this money in our names.I have therefore, been delegated as a matter of trust by my colleagues of the panel to look for an overseas partner into whose account we would transfer the sum of US $21,500,000.00 (Twenty One Million, Five Hundred Thousand United States Dollars) Hence we are writing you this letter.
We have agreed to share the money thus:
1. 20% for the Account owner (you)
2. 70% for us (The officials)
3. 10% to be used in settling taxation and all local
and foreign expenses.
It is from the 70% that we wish to commence the importation business.
Please, note that this transaction is 100% safe and we hope to commence the transfer latest seven (7)banking days from the date of the receipt of the following information below
(a)company name and Beneficiary of account (b) Your Personal TeL. Number and Fax Number
(c) Bank account/Sort/ABA/Routing numbers were the funds will be transferred to
(d) Your Bankers Address, Telephone and Fax Number.
The above information will enable us write letters of claim and job description respectively. This way we will use your company's name to cover our paper trail. We are looking forward to doing this business with you and solicit your confidentiality in this transaction.Please acknowledge the receipt of this letter using the above tel/fax number. I will bring you into the complete picture of this pending project when I have heard from you.
Your faithfully,
Re:Better Business Bureau (Score:3, Informative)