Why SCOX got another $10M...

Story: SCO out to kill SuSETotal Replies: 4
Author Content
number6x

Jan 04, 2006
7:38 AM EDT
Now we know why SCOX got a new $10M...

They have been paid to continue spreading FUD about Linux.

SCOX distributed SuSE Linux as part of United Linux. SCOX themselves have distributed all of SuSE's Linux code under the GPL. If SCOX "owns" any of that code, they have released and distributed under the GPL.

Saying that they were unaware that they owned it does not hold up in Court. SCOX is a multimillion dollar a year company with expertise in Linux and in Unix. They are required to do due dilligance.

They are making baseless accusations that will not stand up in Court in order to create an atmosphere of Fear, Uncertainty, and Doubt surrounding Linux.

They are criminals in behavior and in deed trying to extort money from legitamite Linux users and using illegal tactics to hinder competition. This will eventually lead to prison time (these are my opinions)
tadelste

Jan 04, 2006
8:32 AM EDT
You're certain of this?
SFN

Jan 04, 2006
8:54 AM EDT
"SCOX distributed SuSE Linux as part of United Linux. SCOX themselves have distributed all of SuSE's Linux code under the GPL. If SCOX "owns" any of that code, they have released and distributed under the GPL."

I don't think those parts can be disputed.

"Saying that they were unaware that they owned it does not hold up in Court. SCOX is a multimillion dollar a year company with expertise in Linux and in Unix. They are required to do due dilligance."

So this is the only real question. Can they use ignorance of their own holdings as an excuse?

I'm no lawyer but I would bet a good chunk that the answer is "no".
Herschel_Cohen

Jan 04, 2006
10:18 AM EDT
I think Tom was referring to the jail time. Unfortunately, though I would be thrilled to see it happen, it is unlikely. At most the guilty will run off with some of the cash stashed somewhere when it's over.
number6x

Jan 04, 2006
11:34 AM EDT
Am I certain they are criminals? I believe so, and stated that it is my opinion. I believe that Ralph Yarro and others involved in the Canopy companies engaged in activities that will not stand up to investigation by authorities. But I guess that they are not technically criminals, until they are convicted. By law they are innocent until proven guilty.

You'll have to go to places like Groklaw and lamlaw and tuxrocks to get a feel for some of the shenanigans. Since SCOX's stock is mostly held by just a few people, they may never be called to account. They are the majority stock holders.

Al Petrovsky seems to be the outside stockholder who asks the most questions.

BayStar started asking question, and dumped their SCOX stock.

SCOX did distribute United Linux: http://ir.sco.com/ReleaseDetail.cfm?ReleaseID=95573

There are lots of documents at http://www.unitedlinux.com/

You will see that several of the technologies SCOX are claiming SuSE is ilegally distributing were distributed by SCOX in United Linux under the GPL. United Linux was based on SuSE Linux server edition.

SCOX distributed these things under the GPL. If SCOX/Caldera were an auto parts reseller, or a car manufacturer, I think that they could plead before the Judge that they were not familiar with things like computer source code and technology like that.

I do not believe that a company that is made up from the parts of a major Linux distributor, and a major Unix distributor can argue these things succesfully. If a major Linux company with several years experience in developing, distributing, and servicing Linux in industry does not know that source code contains copyrighted material they are most likely not telling the truth. If a publisher publishes a book or magazine that is a collection of other's copyrighted works, they are responsible for ensuring that they have permission to do so. If SCOX was publishing work they owned under the GPL, but didn't realize it, they only have themselves to blame. They should have done due dilligance.

Of course its most likely that they didn't own it in the first place, at least that's what Novell says.

-Sean

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