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Thursday, February 17
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This is Topic: SCO
Following are the News Items published under this Topic.


SCO's Slow Death Spiral
SCO You know those movies? The ones where the ultimate, bloody ending is played through painful slow-mo? Will the protagonists get their bullets? Of course. It's just a matter of waiting. In the meantime, try not to wince too much at the graphic carnage.

Think of that the next time you think of the SCO Group. Today, SCO was forced to announce that it may find its stock delisted from the Naz on account of a late 10-K. How the mighty have fallen. From an early Linux advocate to open-source pariah, SCO Group, under the leadership of bellicose CEO Darl McBride, has turned into nothing but a lawsuit and a prayer.
Published Feb 18, 2005 - 04:47 PM
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SCO Group faces possible Nasdaq delisting
SCO The SCO Group announced Thursday it faces possible delisting from the Nasdaq SmallCap market, because it failed to file its annual report in a timely fashion.

SCO plans to request a hearing with the Nasdaq Listing Qualifications Panel to appeal the decision, according to the company. In the interim, the company's stock will trade under the ticker "SCOXE," starting Friday, rather than the current "SCOX." (Nasdaq adds an "E" to the ticker of any company delinquent with a filing to the U.S. Securities and Exchange Commission.)
Published Feb 17, 2005 - 01:59 PM
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Is SCO Down for the Count This Time?
SCO At first glance, it appears that The SCO Group's case against IBM for Linux/Unix intellectual property right violations is all but over, after the judge said Tuesday that the court hasn't seen any hard evidence to support SCO's claims.

U.S. District Judge Dale A. Kimball wrote Tuesday, "It is astonishing that SCO has not offered any competent evidence to create a disputed fact regarding whether IBM has infringed SCO's alleged copyrights through IBM's Linux activities."
Published Feb 11, 2005 - 03:18 PM
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Judge slams SCO's lack of evidence against IBM
SCO IBM in 2004 sought a declaration that its Linux activities hadn't violated SCO's purported Unix copyrights, as SCO had claimed publicly and in its lawsuit. Although U.S. District Judge Dale Kimball didn't grant that declaration--called a partial summary judgment--he sharply criticized SCO for not producing evidence for its case.
Published Feb 10, 2005 - 10:15 AM
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The Tables Are Turned--SCO Objects to IBM's Discovery Demands
SCO What goes around, comes around, they say. And we now have the hilarious opportunity to watch SCO tell the court how burdensome it would be for SCO to have to produce to IBM every product Caldera distributed for the past 6 years. These are the same folks who whined until they got not only every released version of AIX and Dynix going back to the '80s but every *unreleased* one also, in their own discovery demands.
Published Jan 26, 2005 - 11:22 AM
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How Significant Is SCO's Win?
SCO How significant was The SCO Group Inc.'s victory in its discovery motion over IBM in the companies' ongoing battle over Linux copyright and Unix contract issues? It depends on which analysts and lawyers you talk to about Magistrate Judge Brooke Wells' decision.

Wells granted SCO's discovery motion, in which the Lindon, Utah, company had demanded that IBM turn over the source code of "all versions and changes" of IBM's AIX and Dynix Unix operating systems.
Published Jan 21, 2005 - 03:10 PM
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*NIX - UNIX: SCO Targets UK Companies
SCO The SCO Group has taken its controversial Linux licensing programme worldwide, and is warning of imminent legal action against UK companies.

SCO claims its intellectual property (IP) has been put into Linux without its consent, giving it the right to demand that Linux users buy a licence
Published Dec 27, 2004 - 06:24 PM
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SCO reports deeper loss, shrinking revenue
SCO The SCO Group, a company engaged in complicated litigation regarding Unix and Linux, reported another quarter of financial losses on Tuesday, spurred by dwindling software and licensing revenue.

The company reported a loss of $6.5 million, or 37 cents per share, for the quarter ended Oct. 31, compared with a year-earlier loss of $1.6 million or 12 cents per share. The Lindon, Utah, company's revenue dropped from $24.3 million to $10.1 million over the same period.
Published Dec 22, 2004 - 11:38 AM
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Unix Lawsuit Agreement Raises Questions for SCO
SCO The SCO Group may have a more difficult time making its case that Linux includes illegal source code than previously thought, according to documents published recently on the Groklaw.net Web site. Earlier this week the site published for the first time a 10-year-old lawsuit settlement agreement that grants developers the right to redistribute much of the Unix source code that SCO claims to own and which may ultimately strengthen IBM's defense in a lawsuit between the two companies.
Published Dec 03, 2004 - 11:04 AM
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Judge Denies SCO Motion To Stay DaimlerChrysler Until IBM Decided
SCO The judge in the SCO v. DaimlerChrysler case, the Honorable Rae Lee Chabot, has denied a SCO motion for a stay of their case until after the IBM case is decided, I have just been informed by the Clerk of the Court. The hearing was on November 24. Another loss for SCO. What? No SCO press release?
Published Nov 30, 2004 - 01:51 PM
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SCO hacked over Thanksgiving holiday
SCO The SCO Web site appears to have been hacked over the Thanksgiving holiday weekend. A page on the site that normally discussed "Red Hat v. SCO" was altered to "SCO vs World" with text that proclaimed "Recently we found parts of our code in almost all Microsoft(R) software. We want to bring an action against Microsoft(R) and our legal department is working on that.
Published Nov 29, 2004 - 11:35 AM
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Novell produces "smoking gun" in SCO case
SCO Things have been relatively quiet with SCO lately. The suits it has filed against IBM and Novell have moved ahead slowly, in no small part due to SCO's numerous requests for postponements and dragging out the discovery process. However, the Novell case could get interesting rather quickly, as Novell has filed a reply in the case which appears to seriously undermine SCO's claims about owning the copyrights to Unix.
Published Nov 11, 2004 - 05:47 PM
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SCO dumps Linux crusade website
SCO The SCO Group is reconsidering its plans to launch an alternative to the Groklaw.net website that was due to go live yesterday.

Nearly one month after promising to launch the site that would provide information on SCO's various legal disputes, the company is having second thoughts on the project, said Janielle Fernandes, a spokeswoman for the software vendor. "It's still up for debate whether the website will ever go up," she said.
Published Nov 02, 2004 - 09:57 AM
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SCO Seeks More Lines of IBM Code
SCO Utah's SCO Group, seeking to prove portions of its Unix operating system were illegally grafted into the freely distributed Linux, demanded--and got--millions of lines of IBM computer code.

Now, 19 months after filing its multibillion-dollar lawsuit against IBM for alleged contract and copyright violations, the Lindon software company wants more; much too much more, IBM attorney David Marriott says
Published Oct 20, 2004 - 12:05 PM
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SCO to launch legal Web site
SCO The SCO Group plans to launch a Web site to chronicle its legal battles relating to Unix and Linux, as part of an effort to counterbalance Groklaw.net--which was set up to poke holes in the company's legal claims.

The site, to be called Prosco.net, will feature an archive of legal filings, hearing dates and SCO positions on various matters, spokesman Blake Stowell said Tuesday. The Lindon, Utah-based company plans to launch the site by Nov. 1, he said.
Published Oct 13, 2004 - 06:45 PM
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SCO's McBride warns of open source 'wild west'
SCO Protect your intellectual property (IP) now or risk having your business sacked by open souce-touting bandits, The SCO Group President and Chief Executive Officer Darl McBride warned an audience of tech industry leaders, analysts and investors at the Etre conference in Cannes on Tuesday.

McBride, whose company is mired in litigation with IBM and others over patent infringement claims concerning Unix source code, warned of the "high stakes" if companies in the software and music businesses don't protect their property now.
Published Oct 13, 2004 - 11:50 AM
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Randall Davis: IBM Has No SCO Code
SCO Here is Dr. Randall Davis of MIT's second Declaration, PDF and text. If you had any lingering doubt as to whether SCO might have found some infringing code, I think this will dispel it. Dr. Davis looked at all the code Sandeep Gupta listed as allegedly infringing, and this world-famous expert concludes thus:

"Despite an extensive review, I could find no source code in any of the IBM Code that incorporates any portion of the source code contained in the Unix System V Code or is in any other manner similar to such source code. Accordingly, the IBM Code cannot be said, in my opinion, to be a modification or a derivative work based on Unix System V Code."
Published Sep 17, 2004 - 05:39 PM
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SCO Reaps What It Sows--A Supplemental Memo on Discovery Boomerangs
SCO Here is SCO's supporting memorandum. What it tells us is priceless. It seems that when SCO filed its Supplemental Memorandum, with the permission of Judge Wells, another in a long series of the paper blizzard they have been showering on the court, regarding their alleged need for all of AIX since the founding of the world, they shot themselves in the foot
Published Sep 17, 2004 - 11:43 AM
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IBM vs SCO - No Decision Today, But Very Positive Reports From the Hearing
SCO The hearing lasted 3 1/2 hours. Frank Sorenson reports that everything seemed to him to be tipping IBM's way. No decision announced. It will take about a week at least. But his description was that there was SCO blood all over the floor. That was his impression.

He said one of the SCO attorneys, Robert Silver, seemed to be asleep at one point. At any rate, his eyes were closed and his head kept bobbing. There was, at Brent Hatch's request, a 'vertical break' for a few minutes so the room could stand up and stretch. In short, it was a marathon
Published Sep 16, 2004 - 05:32 PM
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SCO challenges IBM witnesses
SCO In a motion filed Monday with U.S. District Court in Salt Lake City, SCO asked the court to delay any ruling on IBM's request for summary judgment until Big Blue fully complies with all requests for "discovery," the process by which litigating parties turn over potential evidence. The court is scheduled to hear one of IBM's claims for partial summary judgment on Wednesday.

The motion also challenged key IBM witnesses, saying their testimony contradicts claims made under oath in a previous case
Published Sep 13, 2004 - 06:37 PM
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SCO Posts $7.4 Million Loss
SCO The SCO Group, the beleaguered Unix company that's locked in an intellectual property war with IBM over Linux and Unix, reported another poor quarter Tuesday.

For its fiscal third quarter, ended July 31, The SCO Group Inc. reported revenue of $11.2 million, compared with $20.1 million in the same quarter a year ago. This was in line with SCO's third-quarter estimates
Published Sep 01, 2004 - 11:53 AM
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SCO Bleats Back - Please Make IBM's 10th CC Go Away, Your Honor
SCO All that trash talk in the press about IBM and copyright infringement has nothing to do with this case. They can't imagine why IBM wishes to bring it up at all. Why, SCO isn't talking about that. In the courtroom, it's all about contracts, so IBM should not be allowed to bring in unrelated issues, like what SCO has accused them of for over a year in the media. It would just complicate things horribly if SCO would have to answer such a counterclaim.
Published Aug 25, 2004 - 06:41 PM
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The GPL Pickle SCO Is In...
SCO Here is IBM's Redacted Memorandum in Support of IBM's Motion for Partial Summary Judgment on its Counterclaim for Copyright Infringement (8th Counterclaim) as text.

The first thing that stands out is that we learn in paragraph 66 that IBM was among those companies that got a letter from the first batch SCO sent out in May of 2003, the one sent to the Fortune 1000 companies.
Published Aug 23, 2004 - 11:56 AM
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IBM Goes For the Jugular -- Files Motion For Partial Summary Judgment
SCO SCO thought it was going to find evidence in discovery to boster its case, but it has worked out exactly the opposite. I haven't finished reading the memorandum myself, because I wanted to share it with you immediately, but it looks like this is the heart of what's left of SCO's case.

Everything you hoped IBM would say to the judge, they are saying, including pointing out that Novell has waived any breach, even if there had been one, which there wasn't. If IBM wins this motion, I think I might be in my red dress soon.
Published Aug 17, 2004 - 12:09 PM
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Legal bungling sank SCO Group's investigation against DaimlerChrysler
SCO NewsForge has found that The SCO Group, which purports to have ownership of all Unix System V code, was also fishing for usage of its proprietary code in Linux systems when it filed a lawsuit March 3 against multinational automaker DaimlerChrysler -- even though the actual complaint said otherwise.

On paper, the lawsuit alleged only that DaimlerChrysler had not recertified with SCO Group the use of its old Unix code, as required by the original license contract between Chrysler Motors Corp. (now DaimlerChrysler) and AT&T Information Systems (which owned the Unix code at that time).
Published Aug 11, 2004 - 05:43 PM
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Beware the Trojan Horse
SCO Although there is much to learn from the ongoing travails of the SCO Group’s troubles with its’ bottom line, there is also something of a paradox in their announcement. Were the company any other than who they are, I might be tempted to think that were likely going to continue to suffer from their poor choices. However, they are who they are, and I tend to believe when reading an announcement from SCO Group (actually Caldera/Canopy), that they are attempting to setup another pump or run on their stock price.
Published Aug 10, 2004 - 05:41 PM
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SCO Litigation Takes Its Toll on Bottom Line
SCO The SCO Group's ongoing legal battle against IBM and others is having a negative impact on the company, leaving it with few new customers for its Unix software and current users reluctant to pay additional licensing fees.

Both issues are taking a serious financial toll on the company, which saw its revenue for the second quarter drop by half and sales from its SCOsource division, which licenses its Unix intellectual property, nearly evaporate.
Published Aug 09, 2004 - 01:31 PM
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SCO's 'Smoking Gun' Versus IBM
SCO In private interviews during their annual user conference in Las Vegas this week, SCO executives said they have discovered that IBM lacks proper licenses for its Unix-based AIX operating system, heart of a multibillion-dollar business for IBM.

SCO alleges that since 2001, AIX has contained code for which IBM does not have a license. Moreover SCO claims to have found internal IBM e-mails in which IBMers acknowledge this shortcoming.
Published Aug 05, 2004 - 02:42 PM
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SCO eyes iTunes-style software marketplace
SCO The SCO Group wants to use its controversial court case with IBM to fund a software marketplace, which it said could work in the same way as Apple's iTunes.

SCO chief executive and president Darl McBride explained that this would be a development of its SCO Marketplace initiative, which will see developers bid for work such as developing drivers for SCO products.
Published Aug 04, 2004 - 04:37 PM
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SCO CEO: No Need to Sue More Customers
SCO As The SCO Group Inc.'s reseller and developer community gathers for its annual SCO Forum convention in Las Vegas this week, one question on many attendees' minds will be whether the company's future will be as a software vendor or as a litigator.

Though SCO's lawsuits against IBM Corp., Novell Inc., DaimlerChrysler AG and AutoZone Inc. have attracted a great deal of attention in the last year, they have not helped SCO's bottom line.
Published Aug 04, 2004 - 12:33 PM
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*NIX - UNIX: Linux is mine, all mine, cackles distracted SCO head
SCO Like a man possessed, the CEO and president of The SCO Group, Darl McBride, opened the company's annual conference vowing that Unix will not die and that SCO will win its court case against IBM over Linux.

McBride, who has been running the company since 2002, told about 350 attendees that despite all of the criticisms SCO has received in the IT community, the legal battle continues to be the right path for his company and for the software industry.
Published Aug 03, 2004 - 01:15 PM
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SCO's UNIX Timeline Chart Goes Poof
SCO If you visit SCO's SCOsource page, you will find their 'UNIX System Development Timeline' link now points you not to their edited version but to the original Eric Levenez chart. to the original Eric Levenez chart. Their 'personalized' chart has gone bye-bye.

"So you can replicate, go to the SCOsource page, and click on the link. It's on the right, in the blue column, under 'SCOsource License.' Then, for old time's sake, go to the archived SCOsource page on Wayback and click on the same link, and presto, chango, their chart is before your eyes once again, in all its incorrectness.
Published Jul 27, 2004 - 10:10 AM
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Eyewitness Reports from the DC Hearing--SCO Trounced
SCO I have just heard from two readers who did attend the DC hearing. The eyewitness accounts are subject to later clarification, simply because neither is a lawyer and that can lead to missing certain details, as they disclaim in the reports. But with that disclaimer, this is what they say happened. I know we all wish to thank them both for attending the hearing, so we can get a fast report.
Published Jul 21, 2004 - 02:05 PM
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SCO's Reply Memorandum Re Discovery--As Text
SCO One thing is for sure. If IBM filed for summary judgment not so much because they figured it'd work but rather to flush SCO out from hiding behind the bushes, it worked. SCO's hand is now face up on the table. It was never about Linux, about Linus not having a process to block out infringing code. That was all for headlines, for stock price, for Congress, and to please Microsoft, I expect
Published Jul 19, 2004 - 06:47 PM
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Windows Services for Unix: There's No Place Like /home
SCO The SCO Group has added a few snippets of detail to its claims that Linux contains software inappropriately copied from Unix, but a judge has put a limited hold on one of the company's legal attacks.

The details appear in a declaration by SCO attorney John Harrop, filed last week, that's part of the Lindon, Utah-based company's breach-of-contract suit against IBM.
Published Jul 16, 2004 - 12:03 PM
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SCO: IBM 'Mischaracterizes' Lawsuit
SCO The SCO Group Inc. on Thursday submitted written arguments explaining why a Utah judge should not issue a summary judgment dismissing its multibillion-dollar lawsuit against IBM Corp.

IBM has mischaracterized SCO's lawsuit against the computer giant and failed to provide relevant information during the discovery portion of the case, SCO argued in filings submitted to the United States District Court for the District of Utah
Published Jul 10, 2004 - 05:09 PM
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SCO v. IBM - SCO's Renewed Motion to Compel Discovery
SCO SCO has filed a Renewed Motion to Compel--meaning they claim IBM is not obeying Judge Wells' March Order, and they have filed a Motion requesting the court allow them extra space to tell them aaaaaall about it at length. They say they need 2 extra pages, in order to enumerate all of IBM's alleged 'sins' against the Order of March 3rd.
Published Jul 08, 2004 - 05:07 PM
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*NIX - UNIX: SCO and the Battle Over UNIX: A Clear Explanation
SCO In the past year, the battle over UNIX has generated significant litigation and lots of anxiety among the open source community and software users alike. However, the multi-front battle is complex, making it hard to understand what's going on and what's at stake. This article explains the disputes, summarizes the latest status (as of 6/14/04), and offers some possible lessons to learn.
Published Jun 23, 2004 - 04:14 PM
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SCO tries to reinvigorate product line
SCO The SCO Group unveiled a handful of new Unix products Tuesday, a day after warning that its declining software business could be hurt by its legal claims that Linux infringes on the company's intellectual property.

SCO sells two versions of Unix--UnixWare and the lower-end OpenServer--but that business has been shrinking and is overshadowed by SCO's legal cases. SCO claims, among other things, that it owns the Unix copyrights, that Linux infringes those copyrights, and that IBM violated its Unix contract with SCO by moving Unix technology to Linux.
Published Jun 15, 2004 - 03:36 PM
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SCO Loses Attempt to Move Novell Case to State Court
SCO The SCO Group Inc. has seen better days. After reporting disappointing losses in its latest quarter, thanks to growing legal costs and shrinking license revenues, SCO executives adjourned their Thursday press conference to discover that the company had suffered a legal setback in its long-running case against Novell Inc.

SCO's request that its case with Novell be remaindered, or sent back, to Utah state court. With the ruling, the case will stay in the U.S. District Court
Published Jun 11, 2004 - 04:06 PM
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SCO Wants to Delay Linux Trial with IBM
SCO The SCO Group would like to see the trial date of its Linux copyright case with IBM moved from April to September, but IBM says it wants no part of such a delay.

According to a story in the Deseret Morning News, based in Salt Lake City, each company is accusing the other of using stall
Published Jun 10, 2004 - 05:04 PM
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SCO revenue takes a tumble
SCO The SCO Group reported lackluster second-quarter results on Thursday, with revenue falling across its three divisions and its loss from operations widening.

SCO, which is embroiled in a number of lawsuits over Unix intellectual property, reported revenue at the low end of its earlier forecast range and missed expectations by the one analyst that follows the company.
Published Jun 10, 2004 - 01:17 PM
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*NIX - UNIX: SCO to restrict GPL’d Solaris, moves to push IBM trial back
SCO Less than one week after Sun Microsystems’ chief operating officer Jonathan Schwartz pledged to open source its Solaris operating system, The SCO Group has stated that licence restrictions prevent Sun from contributing its work to the GPL (General Public Licence). Solaris is based on Unix System V, the source code to which has since been acquired by The SCO Group.

The SCO Group’s marketing manager Marc Modersitzki said although the company can't discuss specific details of its licence agreements, it is confident that Sun will be very rigorous in complying with its Unix System V licence as the company defines its plans for open-sourcing any part of Solaris.
Published Jun 09, 2004 - 01:49 PM
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SCO Responds to AutoZone
SCO "They spend a great deal of time arguing as only lawyers can, but they never address the real issue, which is that AutoZone can't possibly establish who owns the copyright. If it is Novell, SCO has no business suing them, because you can't prevail in a copyright infringement action unless you own the copyright, and yet SCO argues, this case should go first..."
Published May 26, 2004 - 03:06 PM
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Software Foundation Snubs SCO Subpoena
SCO The Free Software Foundation, which created the software licence that governs Linux, says that it will not produce all of the material requested in a subpoena it received from The SCO Group, as part of SCO's multibillion-dollar lawsuit against IBM.

We will not betray our legally protected confidences, particularly when they relate to our work upholding the integrity of the GPL [GNU General Public License],' said Bradley Kuhn, the executive director of the non-profit organisation
Published May 20, 2004 - 01:31 PM
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*NIX - UNIX: SCO Changing Industry, Not Slowing Linux
SCO A year ago this month, the SCO Group exited the Linux business, announcing it would cease sales of the open source operating system and claiming it would have a 'stronger focus on Unix and the company’s growth strategy around Web services.'

But Linux has continued to define the tiny company, which has captivated the high-tech industry during the past year with its drumbeat of allegations about Linux and its snowballing list of lawsuits related to the company’s intellectual property claims
Published May 18, 2004 - 12:39 PM
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Novell Asks a Judge to Scrap SCO's Lawsuit
SCO A federal judge on Tuesday took under advisement a request that he dismiss The SCO Group's 'slander of title' complaint against Novell Inc.--a ruling that could foreshadow the fate of SCO's separate, marquee Linux-rights suit against IBM.

At the heart of SCO's 13-month-old suit against Big Blue is its claim to all copyrights to Unix, which the Lindon software company had licensed to IBM.
Published May 12, 2004 - 03:55 PM
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BayStar Buys More of SCO
SCO 'The timing and price of our purchase of RBC's holdings in SCO presented a strategic and financial opportunity for BayStar and its investors,' a BayStar representative said, declining to discuss the motivation or terms of the sale.

RBC spokesman Paul Wilson confirmed the transactions but declined to detail the bank's motives other than saying, 'It's a business decision...'
Published May 10, 2004 - 01:16 PM
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Royal Bank of Canada Cashes Out of SCO
SCO The SCO Group, Inc. ("SCO"), a leading provider of UNIX-based solutions and the owner of the UNIX operating system, received on May 5, 2004 notice that Royal Bank of Canada has elected to convert 10,000 shares of SCO's Series A-1 Convertible Preferred Stock it currently holds into a total of 740,740 shares of SCO's common stock.
Published May 07, 2004 - 04:47 PM
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SCO Confirms 'Minor' Layoffs
SCO Rumors that The SCO Group Inc. laid off some workers last week turned out to be true. According to Blake Stowell, communications director at SCO, the embattled Unix company laid off 'a minor numbers of employees across the board.'

Stowell said the Lindon, Utah, company made the layoffs so it 'could be profitable within our core Unix business in the next quarter.' The cuts were companywide and were not confined, as rumor has had it, to just the engineering staff. In addition, the company made no changes to its management..."
Published May 05, 2004 - 11:31 AM
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SCO Investor Demands Action or Money Back
SCO

According to AP,BayStar Capital Management LLC, is threatening to withdraw its financial support from the SCO Group, if the company doesn’t sharpen its focus on the potentially lucrative legal fight. Furthermore they want SCO to hire executives that are more knowledgeable in terms of intellectual property and spend less of their time and money on its Unix products. Otherwise BayStar will demand repayment of a $20 million loan.

Published May 03, 2004 - 06:20 PM
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SCO Still Contends GPL Is Unconstitutional
SCO In an interview Friday, Blake Stowell, The SCO Group Inc.'s communications director, said that SCO is not backing off claims after all that the GPL is unconstitutional in its case with IBM concerning the Unix source code.

Stowell points out that in this week's filing, called 'SCO's Answer to IBM's Second Amended Counterclaims,' found here in PDF form, that while SCO no longer explicitly states that the GPL is unconstitutional, the Lindon, Utah-based company does maintain the following positions.
Published Apr 30, 2004 - 03:44 PM
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SCO Backs Off GPL Claims
SCO In The SCO Group Inc.'s latest U.S. District Court filing as it battles IBM over Linux, the company is no longer using the affirmative defense that the GNU General Public License (GPL) is unconstitutional.

SCO president and CEO Darl McBride took aim at the GNU General Public License, under which Linux is distributed, in a December open letter. He said the GPL violates the U.S. Constitution as well as U.S. copyright and patent laws.
Published Apr 30, 2004 - 10:58 AM
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DaimlerChrysler Tells SCO to Get Out of Its Face
SCO DaimlerChrysler has responded robustly to SCO's Linux lawsuit. SCO claimed Daimler had refused to provide it with a 'certificate of compliance' over its long-term Unix contract. Daimler response? Tough.

The car manufacturer asked a Michigan court to dismiss the lawsuit because there was 'no genuine issue of material fact' in it. Daimler says it has no obligation to provide SCO with any such certification, but that it had nevertheless sent it a letter about the situation.
Published Apr 29, 2004 - 11:16 AM
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Who Shot Darl McBride?
SCO There's been nothing like it since Dallas hit our screens quarter of a century ago. Colourful characters, plot twists and suspense? Check. Good versus evil, powerful men versus noble innocents, billions of dollars in the balance? Yep. We even have judges, guns and mysterious briefcases: as pure drama, l'affaire SCO cannot be faulted. Yet there may be a bigger surprise at the end than anyone guessed.

Whoever's writing the script threw in a doozie last week: Daddy wants his money back--or does he? Baystar, the group of capitalists that on Microsoft's tip-off gave SCO $20m to establish control over Linux, publicly said that it wanted out. And then it shut up...
Published Apr 23, 2004 - 01:37 PM
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SCO's Problems Could Get Worse Before They Get Better
SCO Unix vendor SCO Group Inc's share price has fallen over 27% since investor BayStar Capital indicated last week that it would like its $20m investment refunded, and things are likely to get worse before they get better, according to one of the few analysts following the firm.

Decatur Jones analyst Dion Cornett noted in his latest Open Source Wall Street newsletter that should BayStar obtain an injunction to freeze its investment, fellow investor Royal Bank of Canada could do the same for its $30m investment...
Published Apr 22, 2004 - 03:13 PM
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BayStar Interviewed Regarding SCO Investment
SCO In this article, Lawrence Goldfarb describes '...the wayward corporate behavior on SCO's part' that led him to reevaluate BayStar's position. In a letter to SCO last week, BayStar claimed that '...SCO's behavior violated provisions of the investment agreement and that BayStar's convertible preferred stock be redeemed.' The article notes that since its founding in 1998, BayStar has never before asked a company for its money back.
Published Apr 22, 2004 - 11:10 AM
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BayStar Keeping Quiet on Demand for SCO Redemption
SCO Days after BayStar Capital Management LLC told The SCO Group Inc. that it was ending its agreement with SCO and demanding that SCO redeem BayStar's 20,000 shares of SCO's series A-1 convertible preferred stock, SCO says it still doesn't know why BayStar is doing this.

"According to SCO's director of corporate communications, Blake Stowell, 'BayStar hasn't responded to our requests for exactly how SCO breached four sections of the companies' contracts...'
Published Apr 20, 2004 - 11:15 AM
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The End of SCO?
SCO This could be the beginning of the end of SCO vs. Linux. Heck, it could be the end of SCO.

I always thought SCO's position could crumble quickly. While I believed that they might have a contract case against IBM with regard to how Project Monterrey was handled, I've never thought they've had an intellectual property leg to stand on when it came to Unix code being illegally placed in Linux...
Published Apr 19, 2004 - 03:28 PM
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BayStar Says SCO Breached Note
SCO Shares of SCO Group tumbled 8% on news that a major investor [BayStar] wants to call in a big loan. In recent trading the stock was down 77 cents to $8.89. In October, BayStar Capital bought a $50 million convertible note from SCO, which on conversion would have given the fund nearly 3 million shares of SCO stock, or 17.5% of shares outstanding.

However, SCO said it received a letter from BayStar Capital on Thursday, saying the fund now wants SCO to "immediately redeem" 20,000 convertible notes.
Published Apr 16, 2004 - 02:57 PM
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What's Wrong with Enderle's "Legal" Strategy
SCO Mr. Enderle, SCO's true believer, has written that if he were on a jury, he'd vote for SCO. That, of course, does not amaze you. He has also given us a heads up on what he believes they will tell a jury and why he thinks it will convince them. Unfortunately for Mr. Enderle's theory, he doesn't understand that when you ask for a declaratory judgment, as IBM has on its counterclaims, the jury doesn't decide it. Declaratory judgments are decided by the judge.
Published Apr 09, 2004 - 04:31 PM
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SCO Should Win: Week Two
SCO Two weeks ago, I wrote the 'SCO should win' side for a debate surrounding the outcome of The SCO Group vs. IBM trial. To write it, I reviewed SCO's allegations, simplified them down to the core arguments and created what I envisioned SCO's legal team would present as an opening statement in court. I even fact-checked it with SCO to ensure that it matched up with the company's beliefs. It did.

At the same time, Steven J. Vaughn-Nichols wrote a counter-piece based largely on the arguments that IBM and the Linux community were making to discredit SCO's position. His approach was different because his background is different from mine. He covers the subject more than I do, and he did a very credible job of stating the Linux side. The general reaction from the Linux community is that he mostly got it right.

"Why look at the arguments coming from both sides? I envisioned the debate as a way to help readers to understand the entrenched positions on both sides. What I left out was the 'why' behind my approach, and I'll correct that now...
Published Apr 08, 2004 - 06:18 PM
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SCO moves for delay in IBM trial
SCO SCO has asked a the court to move back the trial date of its $5bn lawsuit with IBM by five months to mid-September 2005.

The company placed blame for the delays on IBM. "IBM's untimely responses to discovery [process] have hindered orderly prosecution of the case," claimed SCO's lawyers. "We disagree with that and we'll respond to SCO's motion in court," said IBM spokesman Mike Darcy.
Published Apr 08, 2004 - 10:40 AM
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SCO: IBM's Request Packs More Punch
SCO IBM not only seeks to have Linux-related copyright infringement charges by Utah's SCO Group dismissed, it wants a federal judge to make sure the allegations are never allowed in court again.

In the latest maneuver filed in SCO's year-old quest for a minimum of $5 billion and maximum of $50 billion in damages from Big Blue, the world's largest computer company asked U.S. District Judge Dale Kimball and Magistrate Judge Brooke Wells to reject the copyright claims 'with prejudice,' meaning SCO would be prohibited from refiling the same allegations...
Published Apr 06, 2004 - 03:40 PM
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Why SCO Thinks It Can Win
SCO In many pro-Linux circles, it's a given that The SCO Group Inc. can't possibly win in court. Obviously, SCO disagrees.

In an exclusive interview, eWEEK.com Linux and Open Source editor Steven J. Vaughan-Nichols visited SCO CEO Darl McBride and Chris Sontag, senior vice president of the SCOsource division, at the company's headquarters in Lindon, Utah. There, they explained why they think SCO can win the legal battle.
Published Apr 02, 2004 - 11:54 AM
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SCO Wants to Split IBM/Linux Fight into Two
SCO The SCO Group wants to split off parts of its lawsuit against IBM over Linux code. In its latest motion filed in federal court in Utah, the company said its copyright infringement and breach of contract claims over Linux should be split into two trials.

"SCO's latest court filing doesn't alter any of its major allegations in the case, which center on its past licensing agreements with IBM and on claims that SCO holds copyrights on portions of IBM's AIX and Dynix software that made its way into select Linux kernels.
Published Mar 30, 2004 - 10:34 AM
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SCO Linux Licensee Has Second Thoughts On Deal
SCO Less than one month after becoming the first publicly announced purchaser of The SCO Group Inc.'s controversial intellectual property license for Linux, Houston-based Internet service provider Everyones Internet Ltd. is reconsidering the benefits of doing business with the Linux community's enemy number one.
Published Mar 26, 2004 - 10:16 AM
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SCO Targets Federal Supercomputer Users
SCO The SCO Group, the company that's hoping to profit from its assertion that Linux violates its Unix intellectual property, has threatened legal action against two federal supercomputer users, letters released Thursday show.

SCO sent letters raising the prospect of legal action for using Linux to two Department of Energy facilities, the Lawrence Livermore National Laboratory and the National Energy Research Scientific Computing Center (NERSC)...
Published Mar 22, 2004 - 09:46 AM
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SCO's Unintended Consequences
SCO The technology industry has a history of producing unexpected innovations. For example, email spawned spam. Apple's Macintosh computer begat desktop publishing. And the Web produced e-commerce, which in turn gave birth to Amazon, eBay, and Overstock.com.

So, it should come as no surprise that SCO Group's lawsuit against the Linux industry has produced what could either be a profitable new market niche or a spectacular new scam: open source insurance.
Published Mar 18, 2004 - 03:31 PM
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What To Do If SCO Comes Knocking
SCO Analysts contacted by internetnews.com recommended three general strategies: be sure to consult with legal counsel, keep abreast of existing indemnification programs, and--if your legal adviser deems it appropriate--don't pay license fees.

"The latter is the tack suggested by George Weiss, Gartner's analyst for Linux and operating systems. 'Gartner has recommended that users not pay any license fees,' to SCO, he told internetnews.com, noting that the recommendation is 'not trying to pass judgment' on the validity of SCO's suits...
Published Mar 15, 2004 - 04:42 PM
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Win - MS: SCO's Suit: A Match Made in Redmond?
SCO Lawrence Goldfarb, managing partner of BayStar, says that senior executives at the software giant had telephoned him about two months before the investment. Would he be interested in investing in SCO, they asked? Goldfarb wouldn't identify the executives, but says neither Chairman William Gates nor CEO Steve Ballmer were among them.

He says Microsoft didn't put any money into BayStar or the SCO investment. A Microsoft spokesman says that the company has no "direct or indirect" financial relations with BayStar, but declined to comment when asked whether execs called BayStar to suggest investing in SCO.
Published Mar 11, 2004 - 10:06 AM
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'Leaked' SCO Letter Was Public Court Record
SCO The Feb. 4 letter, part of the discovery process in SCO's copyright lawsuit against IBM, has been widely distributed on the Internet. In it, SCO provided IBM's legal counsel information on three companies Lindon-based SCO said had obtained Linux licenses.

Among them was software giant Computer Associates (CA), a revelation that stunned the pro-Linux 'open source' advocates. CA has been an ally in their efforts to keep the operating system freely distributed.
Published Mar 10, 2004 - 05:06 PM
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SCO Vs AutoZone - If it were hardware...
SCO
Contributed by: Anonymous
:: Open Content

"If you cut through all the PR spin and uninformed comment behind SCO groups current legal actions there is an underlying issue about the way software is sold. Unfortunately very little of the current discussion focuses on this problem. The following osViews editorial contribution tries to make sense of the SCO vs. AutoZone confusion that has proliferated throughout the Internet."
--
Published Mar 08, 2004 - 11:53 PM
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Win - MS: Microsoft email 'misunderstood' - SCO
SCO The SCO Group on Thursday acknowledged the authenticity of an email sent on 12 October from Michael Anderer, chief executive of Salt Lake City venture firm S2 Partners, to SCO vice president Chris Sontag and chief financial officer Robert Bench. The memo appears to be a discussion of the compensation that Anderer received for facilitating venture deals on SCO's behalf.

"Microsoft will have brought in $86m for us including BayStar," stated the email, which was posted by the Open Source Initiative on its Web site.
Published Mar 05, 2004 - 11:47 AM
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*NIX - UNIX: CA Says It Didn’t Pay SCO No Stinking Linux Tax
SCO The Linux faithful have been hammering Computer Associates as a heretic since the British publication Computer Weekly quoting the SCO Group’s CFO Bob Bench identified CA Thursday as one of SCO’s rare Linux licensees.

CA senior VP of product development Mark Barrenechea says that Bench’s claim is nonsense. CA has not paid SCO any Linux taxes, he said.
Published Mar 05, 2004 - 11:37 AM
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'Invisible ink' may reveal SCO's thoughts - BofA in SCO's crosshairs?
SCO The SCO Group filed lawsuits this week against DaimlerChrysler and AutoZone, but the Unix seller's attorneys also had prepared a complaint against Bank of America, according to a document. A Microsoft Word document of SCO's suit against DaimlerChrysler, seen by CNET News.com, originally identified Bank of America as the defendant instead of the automaker. This revision and others in the document can be seen through powerful but often forgotten features in Microsoft Word known as invisible electronic ink.
Published Mar 04, 2004 - 02:47 PM
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Hiser on SCO v. IBM, Part 3: Media's Mad Dash from a Sinking Ship
SCO Wow! Here's is a noticeable shift of frequency AND amplitude from one of tech-media's loudest defenders of proprietary software's intellectual property rights, Yankee Group's public relations "analyst," Laura DiDeo. She says SCO's drive on the car companies is Hara-kiri.
Published Mar 04, 2004 - 01:02 PM
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SCO's Next Target: DaimlerChrysler
SCO During today's first quarter financial conference call, SCO CEO Darl McBride revealed the second target of their IP license enforcement plan: DaimlerChrysler.

This nature of this dispute is contractual, as opposed to the copyright-based suite against AutoZone filed late yesterday.
Published Mar 03, 2004 - 12:45 PM
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SCO Files Suit Against AutoZone
SCO SCO Group on Wednesday filed a lawsuit against auto parts retailer AutoZone, claiming the company has violated SCO's copyrights by using Linux.

SCO alleges that AutoZone 'violated SCO's Unix copyrights by running versions of the Linux operating system that contain code, structure, sequence and/or organization from SCO's proprietary Unix System V code in violation of SCO's copyrights,' according to a statement from the company.
Published Mar 03, 2004 - 10:03 AM
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SCO: Linux Lawsuit to be Filed Tuesday
SCO The SCO Group plans to expand its Linux legal attack on Tuesday by filing a lawsuit against a large company using the open-source operating system.

"SCO Chief Executive Darl McBride announced the plan Monday at the Software 2004 conference here, but he didn't identify the company beyond saying it would have a recognized name...
Published Mar 02, 2004 - 01:39 PM
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SCO Signs Intellectual Property License Agreement with Leading Dedicated Server Provider
SCO The SCO Group, Inc. announced an intellectual property licensing agreement with EV1Servers.Net, a dedicated hosting division of Houston-based Everyones Internet (EV1.Net). Under the terms of the agreement, SCO will provide EV1Servers.Net with a site license that allows the use of SCO IP in binary form on all Linux servers managed by EV1Servers.Net in each of its hosting facilities.
Published Mar 01, 2004 - 10:27 AM
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SCO Takes Aim at Linux User Target
SCO Speculation that the Lindon, Utah software firm is set to file suit against a Linux user as early as this week is growing, particularly in the light of comments made by SCO CEO Darl McBride on November 18, 2003, when he told eWeek.com in an interview that his company plans to file at least one lawsuit against a large Linux user within 90 days as part of its effort to expand the scope of its legal battle with the open-source operating system.
Published Feb 20, 2004 - 10:41 AM
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*NIX - UNIX: SCO readies legal action against users
SCO The SCO Group is insisting it will stick to its plan of taking legal action against Linux users within the next few days. In November, chief executive Darl McBride said SCO would commence legal proceedings against a Linux user within 90 days. That date ends today.

SCO's director of public relations, Blake Stowell, told vnunet.com: "I can tell you that the company plans to hold to the claims that it made at Comdex on 18 November. "I'm giving us until at least the eighteenth."
Published Feb 16, 2004 - 11:21 AM
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Novell Writes to SCO Again...
SCO Novell has done it again. Another letter to SCO, and some documentary proof that SCO's interpretation of 2.01 of the Asset Purchase Agreement is wrong, all wrong, from Novell's standpoint. Novell has the new correspondence on its web site as well as the attached proof, bringing us up to February 6. It's dynamite, once again.
Published Feb 11, 2004 - 10:09 AM
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Table--IBM Counterclaims and Both SCO Answers
SCO In true Groklaw tradition, Ken Herron got creative and emailed me this wonderful chart. I love being able to see at a glance, first, what IBM said in it Counterclaims, second, what SCO initially answered, and third, what SCO now is saying in its Amended Answer. As always, many eyeballs make it easy to spot any errors, so here we go. New material is red text; deleted or moved is blue. For example, the original Fifteenth Affirmative Defense is now the Eighteenth, where it is greatly expanded...
Published Feb 09, 2004 - 03:05 PM
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Judge to Issue Order in a Week: IBM Says SCO Didn't Comply
SCO "I just got out of the hearing. The outcome is Judge Wells will be issuing an order within the next week. She wanted to take her decision under advisement.

Some quick observations. Mr. Marriott argued for the side of IBM again and Mr. Weiss argued for SCO. Counsel were in chambers for 28-30 minutes. IBM stated that SCO had not complied with the Judge's order for discovery. SCO has said they have and now want their motions granted. Darl was not in attendance."
Published Feb 06, 2004 - 03:03 PM
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SCO Receives Poisonous Reception at Ivy
SCO The SCO Group took its intellectual property challenge of Linux to Harvard on Monday and received a cold reception from area students opposed to the company's legal tactics.

In a presentation hosted by the Harvard Journal of Law and Technology on Monday, Darl McBride, SCO president and CEO, and Chris Sontag, senior vice president and SCOsource general manager, defended their decision to pursue corporations and users who violate what they consider their intellectual property.
Published Feb 03, 2004 - 01:14 PM
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Is SCO Denting Customers' Buying Plans?
SCO Are The SCO Group Inc.'s ongoing legal attacks against Linux vendors putting any dent in customers' plans to buy Linux? The answer is a resounding 'No,' judging from reactions of showgoers at this week's LinuxWorld here.

A series of off-the-cuff interviews found, however, that opinions are divided over Red Hat Inc.'s lack of a real indemnification plan.
Published Jan 26, 2004 - 10:14 AM
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SCO Goes to Washington in Linux Battle
SCO The SCO Group Inc. has found a new venue for its attacks on Linux and open-source software: Capitol Hill. SCO earlier this month sent a letter to the 535 members of the U.S. House of Representatives and Senate from company President and CEO Darl McBride, raising concerns about open-source software and its General Public License (GPL), the company confirmed on Wednesday...
Published Jan 22, 2004 - 10:22 AM
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More Changes in the New [SCO] SEC Filing
SCO In addition to the new risk factors already pointed out, here are some other changes in Amendment 1 to SCO's November S3, which it just filed.

"On the left, you find the new version, with red text representing new or altered material. On the right, you find the November filing, with blue text representing deleted or altered material.
Published Jan 19, 2004 - 10:35 AM
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SCO shows disputed code to IBM
SCO Ten months after launching its lawsuit against IBM, The SCO Group Inc. has finally provided the company with a list of files and individual code samples that it claims violate its intellectual property rights. The information was sent to IBM on Monday in response to a December order from the U.S. District Court for the District of Utah, said Blake Stowell, a SCO spokesman.

IBM confirmed that it had received documents from SCO yesterday, postmarked Jan. 12, but it declined to provide details about their contents or to say whether they appeared to satisfy the court's order.
Published Jan 14, 2004 - 03:43 PM
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SCO Ready to Hit Australian Linux Users
SCO Australia's corporate community will get their first real taste of the SCO Group's campaign for compensation for alleged intellectual property breaches involving Linux before the end of the first quarter.

The SCO Group's Australian and New Zealand boss, Kieran O'Shaughnessy, told ZDNet Australia late on Friday afternoon that he was preparing to fly to London to finalise the vendor's strategies for securing licence agreements with large commercial users of Linux in Australia.
Published Jan 09, 2004 - 11:44 AM
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Did SCO Actually Buy What It Thought It Bought?
SCO Just before Christmas last year, Novell announced publicly that SCO had known for some time that it did not receive all rights and ownership to UNIX technologies, despite public statements to the contrary. Novell has made public correspondence between lawyers representing both Novell and SCO. Read these in their entirety--they are quite enlightening.
Published Jan 08, 2004 - 10:44 AM
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SCO Faces Deadline In IBM Case
SCO Even as it considers filing a legal claim against a Linux customer, The SCO Group must produce by week's end some proof to support its lawsuit against IBM.

Following a court order issued early last month, the Lindon, Utah-based Unix company has until the end of the week to specify and hand over to IBM attorneys the hundreds of thousands of lines of Unix System V code it says IBM improperly donated to the Linux kernel...
Published Jan 06, 2004 - 07:17 PM
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SCO Sends Notices to 6,000 Linux Licensees
SCO The SCO Group has begun sending written notices to its 6,000 Unix licensees requiring them to certify that they are in full compliance with their Unix source code agreements and are not using Unix code in Linux.

In addition, SCO said it is sending a second set of letters outlining additional evidence of copyright infringement to a subset of 1,500 global Linux users that SCO first contacted in May about copyright infringement.
Published Jan 06, 2004 - 09:03 AM
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McKusick on SCO's Latest Copyright Claims
SCO NewsForge asked longtime Unix and BSD guru Kirk McKusick, who has intimate knowledge of the original AT&T versus BSD legal battles over Unix source code in the early 1990s, to comment on SCO's recent claims of copyright infringement in Linux. McKusick says he believes Torvalds when he says he did not copy the files in question, but notes that may be not the real issue here. McKusick also questions whether the GPL license could be applied to the code even if the requisite copyright notices had appeared.
Published Dec 31, 2003 - 03:22 PM
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SCO Sends Second Warning Letter to Linux Users
SCO The SCO Group plans to announce today that it is escalating its campaign to collect license fees from corporations using the Linux operating system, with warning letters to the companies. Supporters of Linux, including I.B.M. and other companies, say that SCO's interpretation of its claim over Linux is exaggerated...
Published Dec 22, 2003 - 12:07 PM
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SCO's House of Suits
SCO Darl McBride is a man of many metaphors. In championing his company's claims to some of the source code behind Linux, the SCO Group chief fancies himself an environmentalist ('It's like cleaning up the Exxon Valdez!'), libertarian ('There's no such thing as a free lunch!'), besieged politician ('We're on the side of the silent majority!'), even Biblical hero ('This is a David and Goliath battle!'). But the more McBride talks, the more he sounds like a mere opportunist.
Published Dec 18, 2003 - 09:56 AM
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SCO Keeps Disputed Code Secret
SCO When the SCO Group finally lays its cards on the table in its upcoming lawsuit against IBM, the open-source community won't be given the opportunity to see them.

"IBM last week successfully persuaded the judge presiding over the case to give SCO 30 days to reveal the code that forms the basis for its $3bn (£1.72bn) lawsuit against Big Blue for alleged copyright infringements.
Published Dec 16, 2003 - 04:21 PM
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Red Hat Founder Says His Piece to SCO
SCO I've kept out of this debate as I no longer work at Red Hat and wanted to give Matthew Szulik and the Red Hat team complete control over Red Hat's communications with the press.

On the off-chance that anyone is taking Darl McBride's campaign seriously I can no longer sit idly by, as to do so could some day restrict the users of Lulu.com from choosing the copyright terms and conditions that most suit the needs of the projects they are trying to advance.
Published Dec 12, 2003 - 01:26 PM
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Open-Source Advocates Question SCO's Cyber-Terrorism Claim
SCO SCO insisted Thursday that 'a highly sophisticated" DoS strike was responsible for derailing the company's Web site beginning early Wednesday. The site remained down as of late Thursday. Periodic problems with e-mail and file transfer applications also were noted.
Published Dec 12, 2003 - 10:12 AM
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Security Expert Doubts SCO's Attack Story
SCO SCO has reported that they are experiencing an attack on their servers. Groklaw has been flooded with information that indicates their story doesn't add up.

"The consensus of what I am hearing is: That it is probably not an attack. That their description of the 'attack' makes no sense. And that if what they are saying were true, SCO would be admitting to gross negligence.
Published Dec 11, 2003 - 09:44 AM
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SCO's Investors Grab the Helm Off Legals
SCO SCO has announced a new agreement which gives its investors effective control over the company's future legal efforts.

"The agreement, issued today in an SEC filing, means that SCO must seek prior approval from the investors before embarking on any action that would result in SCO's legal firms receiving its 20 per cent contingency fee.
Published Dec 09, 2003 - 05:06 PM
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What the Judge Has Ordered SCO To Give IBM
SCO I've been getting requests for a list of exactly what SCO must provide to IBM in the next 30 days or so, according to yesterday's order by Judge Wells.

Your wish is my command, so I will provide what we know from the public documents. This is not, however, a complete list. You will note that what we know about from these public legal documents are Interrogatories 1-9 and 12 and 13.
Published Dec 08, 2003 - 05:51 PM
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Judge Tells SCO: No, *You* Have to Show the Code First
SCO The big news from the hearing today is that Judge Wells told SCO that they have to go first. They have to show IBM what code they are alleging is infringing. All during discovery, SCO has been telling IBM they had to show all their code first, and then SCO would identify the alleged infringements. IBM kept telling SCO in reply that they had the burden, as plaintiffs, to at least tell IBM what code was involved. Today the judge told SCO that IBM was right.
Published Dec 08, 2003 - 09:27 AM
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McBride's New Open Letter on Copyrights
SCO An open letter was posted today by Darl McBride, where he restates his claim that the GPL violates the U.S. Constitution, patent laws, copyright laws, and the DMCA. Mostly he just builds up a false image of the Free Software Foundation and open source supporters claiming that they have no respect for intellectual property and believe copyrights should be eliminated, then attacks that image, AKA the straw man attack. Nothing we haven't seen before.
Published Dec 05, 2003 - 10:01 AM
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More Damning SCO Evidence At Groklaw
SCO There's a very interesting story up at Groklaw right now. PJ reports on new evidence that Chris Hellwig, a SCO employee, contributed code to SMP, XFS, and JFS and did so with the knowledge of his supervisor." Groklaw is thorough, and this is another good example of just quite how thorough.
Published Dec 03, 2003 - 10:09 AM
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The Dangers of the Corporate Media Alliance
SCO When it comes to hurling insults, accusations, allegations and innuendo, few people could ever hope to match the SCO Group for their one-trick showmanship. Whenever company executives go to speak to the press, you can be certain of one thing: they have been studying the World Wrestling Foundation and the art of propaganda quite well.

The SCO Group seem to be able to call on a litany of cohorts in the effort to confuse the public and rewrite history, some who are shameless in their foppish acts of agitation and retreat; and some who simply are supporting characters in this one-act play.
Published Dec 02, 2003 - 12:47 PM
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Q&A: SCO Group CEO Darl McBride
SCO CEO Darl McBride says free downloads do not mean that the code itself is free and that the notion of a free lunch when it comes to Linux is an idea that is going the way of the Dodo bird. Internetnews.com sat down with McBride before his keynote at the inaugural cdXpo show in Las Vegas. The following is a Q&A between Internetnews.com and Mr. McBride.
Published Dec 01, 2003 - 03:18 PM
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SCO Denies Rumors that Google is its Next Legal Target
SCO The SCO Group Inc. earlier this month announced that it would file at least one lawsuit against a large corporate Linux user within the next 90 days as part of its effort to expand its legal war with Linux and its business supporters. This week, according to a LinuxWorld report, Lindon, Utah-based SCO picked its target: Google, the world's largest search engine company.
Published Nov 27, 2003 - 12:49 PM
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A Heads Up to the Media
SCO "Guess how many people went to hear Darl McBride's keynote address at CDXPO? No, really. Guess. "According to Todd Weiss of ComputerWorld, there were only 80 people. Count them. 80. Bill Gates had thousands at Comdex, with an overflow room.

"I'll bet Jupitermedia Corp. was surprised and disappointed. I don't need to bet or guess. They said they were 'a little disappointed in the turnout for the keynote speeches.'
Published Nov 24, 2003 - 10:32 AM
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*NIX - UNIX: SCO Says It Will Go After Novell-SuSE
SCO SCO could get an injunction that would prevent Utah neighbor Novell from shipping Linux, but it won't try to derail the planned Novell-SUSE merger--at least not legally, an SCO spokesman confirmed.

This week, Lindon, Utah-based SCO filed a statement with the Securities and Exchange Commission (SEC) claiming that a non-compete clause in Novell's 1995 sale of Unix System V to The Santa Cruz Operation (SCO) prohibits Novell from shipping a direct competitor to Unix..
Published Nov 21, 2003 - 10:23 AM
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Did SCO Really Reveal the Code to IBM, as Darl Claims?
SCO You may have noticed that in the teleconference on Tuesday, SCO CEO Darl McBride made the claim that they have shown the code to IBM in discovery and that IBM knows exactly what code is in dispute. Specifically, he said this:

"...by the way, we have shared the code in question there with IBM under the litigation event. They know what we're talking about there."
Published Nov 20, 2003 - 06:04 PM
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Interview: SCO's Darl McBride and Chris Sontag
SCO "CRN: Can suing customers, as you've said you will, be good for any vendor?

"McBride: First it's not our customers. I would say we're suing end users. There are only two industries who use the term 'users,' computers and drugs. Not sure if there's a connection there. But the point is, we're not suing our customers. We are going after end users of Linux and I think there's a slight but significant difference there.
Published Nov 20, 2003 - 09:25 AM
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SCO hires bodyguards for execs
SCO The debate over SCO Group's claims on the Unix and Linux operating systems has never been polite. But now, it has grown deadly serious. Literally. Following telephone and e-mail threats to the Lindon software company and Darl McBride, SCO's president and chief executive; senior vice president Chris Sontag, and others, an unspecified number of bodyguards has been assigned to protect SCO's leadership.
Published Nov 19, 2003 - 02:10 PM
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SCO CEO: Novell-SuSE breaks SCO contract
SCO Novell's $210 million planned acquisition of SuSE Linux AG will put it in violation of a non-compete agreement the networking vendor has with The SCO Group, and could possibly lead to legal action, SCO CEO Darl McBride said Monday in an interview.
Published Nov 18, 2003 - 04:08 PM
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Why SCO will soon be going after BSD
SCO SCO is going to attack the 1994 AT&T/BSD settlement. That's a very interesting item that the few favored analysts (and only a select few journalists) who were allowed to ask questions failed to pick up on. Here's our take on why SCO is embarking on this new course of action:
Published Nov 18, 2003 - 02:36 PM
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Deutsche Bank: SCO May Sue Corporate End Users Soon After All--Decatur Jones: So?
SCO Brian Skiba of Deutsche Bank has put out another SCO report, 'Four Reasons Why This Story Remains Compelling NOW' and he is predicting that SCO will 'finalize' financial arrangements with Boies shortly and then they will open up a new campaign front and start suing corporate end users, maybe as soon as the end of the month.

Boies isn't getting paid enough already? Or were the earlier stories floated in the press just hype? Now they are finalizing arrangements? I thought they told us and the SEC they did that already. Who knows where the truth lies with these people, no pun intended.
Published Nov 18, 2003 - 12:01 PM
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*NIX - UNIX: SCO Extends Licence Offer Past Christmas
SCO The SCO Group has again extended its offer of cut-price Linux licences, this time until the end of the year--and possibly beyond.

"The UnixWare licensing scheme, announced at the beginning of August, set the price at $1,399 (£828) per server for Fortune 1000 companies, but offered a special price of $699 for those who signed up before 15 October...
Published Nov 17, 2003 - 06:05 PM
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SCO, IBM battle heats up
SCO SCO said Wednesday that it has filed subpoenas with the U.S. District Court in Utah, targeting six different individuals or organizations. Those include Novell; Linus Torvalds, creator of the Linux kernel; Richard Stallman of the Free Software Foundation; Stuart Cohen, chief executive of the Open Source Development Labs; and John Horsley, general counsel of Transmeta.
Published Nov 13, 2003 - 11:56 AM
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SCO Holding Up Hollywood
SCO Most of Hollywood's big special-effects and animation companies now use Linux. DreamWorks, maker of Shrek and Sinbad, boasts on its Web site of its 'groundbreaking adoption of Linux.' Digital Domain, which worked on Titanic and Apollo 13, runs Linux on about 1,000 processors. Lucas Digital runs Linux on nearly 1,500 boxes to create effects for the Star Wars epics and Harry Potter movies.

"But this love affair with freeware may prove costly. SCO Group, a $64 million (sales) software shop in Lindon, Utah that owns copyrights to the Unix system that inspired Linux, aims to collect fees from companies that use the free code.
Published Nov 10, 2003 - 12:20 PM
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SCO Will Give Customers a Discount To Drop Linux and Use Any Proprietary Software
SCO SCO isn't putting out press releases like it used to. Surely it wants you to know that it has cooked up yet another way to be loathsome to Linux.

It will expand its licensing program (because it's been such a success, I'm sure) and now they will be 'offering a migration path' so their customers can escape Linux and return to proprietary operating systems.
Published Nov 07, 2003 - 04:47 PM
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*NIX - UNIX: SCO Now Wilfully Violating the GPL
SCO In a move likely to antagonize the free software community even further, the SCO Group is to resume distributing Linux, but only if you agree to a new "IP license" which implicitly supports SCO's intellectual property claims.
Published Oct 31, 2003 - 11:41 AM
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*NIX - UNIX: SCO Declares Total War on the GPL -- Says GPL Is Not Enforceable
SCO The most significant thing they say is that the GPL isn't enforceable or applicable, and in paragraph 16 that Linux is an unauthorized "version" of UNIX:

"Denies the allegations of paragraph 16 and alleges that Linux is, in actuality, an unauthorized version of UNIX that is structured, assembled and designed to be technologically indistinguishable from UNIX, and practically is distinguishable only in that Linux is a 'free' version of UNIX designed to destroy proprietary operating system software."
Published Oct 28, 2003 - 10:29 AM
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SCO Tells IBM: No, You ShowYour Code First
SCO It's time to analyze SCO's Memorandum of Law in Opposition to IBM's Motion to Compel Discovery, which we posted as text yesterday. If I had to characterize it in a brief sentence or two, the sentence would be that SCO tells the court:

'How are we supposed to know what code IBM misappropriated? It's up to them to prove our case for us. It's not for us to hand over the code; it's up to them to show us every bit of code they ever donated to Linux. Then, we'll go over it and find whatever we can find. And anyway, we've given them plenty of stuff just today, so who needs a motion to compel? Let's just forget the whole thing.'
Published Oct 27, 2003 - 08:46 AM
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SCO License Currently for Biggest Users Only
SCO Linux users outside of the Fortune 1000 cannot buy the software license The SCO Group has been offering since August as a way to protect themselves against legal action, the company confirmed Tuesday.

"'We're trying to execute on this licensing plan (by) really starting to deal with the very top players and working our way down,' said Blake Stowell, a SCO spokesman.
Published Oct 22, 2003 - 11:20 AM
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SCO Group Receives $50 Mil Shot in Arm
SCO The SCO Group on Thursday said it has received a $50 million private investment led by BayStar Capital..." An Associated Press article details the announcement and a ZDNet Australia piece gives SCO's Kieran O'Shaughnessy a chance to praise the move as an indication that SCO is not "a dying company."
Published Oct 17, 2003 - 11:36 AM
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SCO backs off Linux invoice plan
SCO The SCO Group has backed off a plan to send invoices to corporate users in order to prod them into buying licenses for their use of Linux, an operating system the company argues violates its Unix intellectual property.

In addition, the Lindon, Utah-based company has extended until Oct. 31 a deadline after which it planned to double prices for the Linux license. Previously, the company had said the prices would increase Wednesday.
Published Oct 16, 2003 - 11:02 AM
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NY Times Reveals SCO/Canopy Group Hypocrisy
SCO The New York Times reports that 'SCO, the company that touched off a computer industry slugfest last spring by suing I.B.M. over its use of Unix software, may find itself embarrassed by a similar claim against a company once related to SCO.' Note that the reporter, John Markoff, ties together Noorda's Canopy Group companies, revealing that: 'Canopy is now SCO's largest shareholder, with two seats on the company's board, and has played an important role, analysts say, in shaping SCO's legal strategy.' He even quotes SCOSource shill Laura Didio as saying, 'All roads lead to Canopy...'
Published Oct 13, 2003 - 10:50 PM
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Why SCO Started All This. No. Really.
SCO Back in June, there was a protest by Linux users at SCO headquarters, which received some coverage in the press, including here on Groklaw. I now have a transcript of the conversation between SCO CEO Darl McBride and the protesters. I've also listened to the tape to verify the accuracy of the transcript, and you can do the same if you can play .ogg files, here. There are a couple of places where the sound isn't clear, so I've indicated that in the transcript.
Published Oct 13, 2003 - 04:06 PM
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SCO Files 2nd Motion Asking the Red Hat Judge for a Delay on Discovery
SCO SCO filed a Motion to Dismiss the action in its entirety, as you know, and Red Hat filed its answering brief. But since we last reported on this case, Red Hat initiated discovery. They asked SCO for documents and for answers to some pointed questions. IBM is forcing SCO into a corner in Utah, and Red Hat is forcefully and aggressively trying to do the same in Delaware. You'll see, I think, that we haven't been wasting our time telling the world the details of this story. The big picture is that Red Hat is telling SCO to prove their allegations with specificity.
Published Oct 10, 2003 - 11:51 AM
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SCO's Case Gets Clearer
SCO Say what you will about the man, but Darl McBride, CEO of SCO Group, has made a lot of people happy. Specifically, he's made a lot of investors in his Lindon, Utah, software company very happy. SCO stock has been on a tear (shooting from a 52-week low of 78 cents to a recent high of $20.85), trading these days around $16.40.
Published Oct 09, 2003 - 02:21 PM
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SCO: No Choice But To Go After Linux
SCO In this e-mail interview with SearchEnterpriseLinux.com, Sontag addresses the SCO Group's $3 billion suit against IBM, discusses why the company has threatened legal action against commercial Linux users, open source development and more...
Published Oct 08, 2003 - 06:21 PM
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SGI code changes not enough, says SCO
SCO The SCO Group has insisted that changes made by Silicon Graphics (SGI) to some of its Unix code will not be enough to prevent termination of SGI's Unix licence.

SCO plans to revoke SGI's Unix licence even though the latter claims to have removed all potentially offending code from its XFS journalling file system, now in Linux. But this does not go far enough, SCO has told vnunet.com.
Published Oct 03, 2003 - 11:54 AM
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Time to combat SCO's FUD more strategically, says analyst
SCO Rob Enderle, principal analyst for the Enderle Group, is saying today that the Linux community needs to think strategically and move against the real threat that SCO represents - fear, uncertainty, and doubt.

“The community must encourage more companies to indemnify customers and stop fertilizing SCO's efforts,” according to Enderle.

In Enderle’s view, the letter from the Linux community to SCO sent last week fails to accomplish anything – and may even, says Enderle, run the risk of increasing SCO’s “short-term chances of successfully getting funding from large corporate Linux users.”
Published Sep 30, 2003 - 02:03 PM
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Ransom Love, Co-founder of Caldera and SCO, Speaks of Unix, GPL and the Lawsuit
SCO Steven Vaughan-Nichols, editor of eWEEK.com's Linux & Open Source Center , spoke to Love in an exclusive interview. Love, who was Caldera CEO during its acquisition of SCO and the contested Unix source code, expressed displeasure over the current developments from his former company.
Published Sep 26, 2003 - 12:31 PM
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HP's Actions Support SCO's Position That Linux is not Free
SCO HP's actions this morning reaffirm the fact that enterprise end users running Linux are exposed to legal risks. Rather than deny the existence of substantial structural problems with Linux as many Open Source leaders have done, HP is acknowledging that issues exist and is attempting to be responsive to its customers' request for relief. HP's actions are driving the Linux industry towards a licensing program. In other words, Linux is not free...
Published Sep 24, 2003 - 12:21 PM
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MS: SCO's Sugardaddy
SCO "SCO's quarterly 10-Q report is out. Some points I would like to highlight:
"Revenue for products is down
"Revenue for services is down
"During the three months ended July 31, 2003, Microsoft Corporation ('Microsoft') accounted for approximately 25 percent of total revenue and Sun Microsystems, Inc. ('Sun') accounted for approximately 12 percent of total revenue..."
Published Sep 22, 2003 - 09:35 AM
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Groklaw's Open Letter to SCO's CEO Darl McBride
SCO Dear Mr. McBride, Recently you wrote an "open letter to the open source community" published September 9, 2003 by LinuxWorld. This reply is from a group within the open source/free software community. Because you addressed your letter to our community-at-large, we thought we should answer you ourselves.
Published Sep 21, 2003 - 03:48 PM
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SCO to Netherlands Distributor: 'Tough Luck!' Distributor to SCO: 'See You in Court!'
SCO SCO is offering their country managers in Europe exclusive franchise arrangements in the countries they handle. This means that the existing distributors are effectively cut out of the picture, not even being given a chance to vie for the franchise rights. Worse, under a marketing program started by SCO several years ago, Dupaco has been providing SCO with their leads and customer contacts, meaning that the new franchise will be primed to raid Dupaco's customer base. Dupaco had felt comfortable doing this because they had been assured by the European SCO management that SCO would never move to a direct marketing model in the Netherlands.
Published Sep 15, 2003 - 12:54 PM
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An Open Source Letter to Whom, SCO?
SCO When Darl McBride sent his open letter to the open source community, I was especially struck by the offer to work with the community to work out various IP issues and perhaps a new "design a new business model that enhances the stability and trustworthiness of the Open Source community in the eyes of enterprise customers."
Published Sep 13, 2003 - 02:19 PM
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Raymond and Perens respond to SCO
SCO Mr. McBride, in your "Open Letter to the Open Source Community" your offer to negotiate with us comes at the end of a farrago of falsehoods, half-truths, evasions, slanders, and misrepresentations. You must do better than this. We will not attempt to erect a compromise with you on a foundation of dishonesty.
Published Sep 10, 2003 - 01:12 PM
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SCO CEO fires off letter to open-source community
SCO In an open letter to the open-source community, Darl McBride, CEO of The SCO Group Inc., today offered to find ways that his company and the community can work together so each can remain viable in the software industry. And he launched his first public broadside against Silicon Graphics Inc., which he said contributed some of SCO's protected Unix code into Linux.
Published Sep 09, 2003 - 11:43 AM
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My ongoing battle to try to give SCO Money
SCO Two weeks ago, I wised up.

I was sitting at my laptop, developing a product for my business on Linux, and thought to myself "If SCO really does have IP in Linux, then I'd better get me some licenses."

I called SCO.

The salesperson assured me that though they were backordered, I would hear from a sales rep within two weeks. This was sort of frustrating, since this meant that for two weeks my business was probably using copyrighted software without a license, but owhell.

Two weeks passed without a phone call.
Published Sep 05, 2003 - 02:37 PM
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SCO Lining Up for Linux Handouts
SCO SCO's annual revenue grew 64-fold—to $64 million in 2002. Yet, remember that the original SCO (Santa Cruz Operation) recorded $55 million in revenue a quarter, back in 1996. The current company's bottom line today? Pretty much nonexistent. It lost $8.0 million, $9.4 million, $39.2 million, $131.4 million and $24.9 million, from 1998 to 2002.
Published Sep 04, 2003 - 11:30 AM
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Top 10 things to do with your SCO Linux invoice
SCO The SCO Group has reportedly started invoicing commercial users of Linux, claiming the money is owed to them due to their unproven claims that Linux contains their IP. Given that their public attempts to substantiate these claims have been proven false, you may be wondering what you should do if you receive such an invoice. Wonder no more.
Published Sep 03, 2003 - 01:10 AM
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SCO: to pay or not to pay
SCO SCO is beginning to invoice Linux users for their use of Unix code that it says has been illegally copied into the open source operating system. This leaves IT shops around the world with a deceptively simple decision: pay the fine, or take a chance.
Published Aug 26, 2003 - 11:25 AM
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ESR: Let SCO Hang Itself
SCO SCO/Caldera's site is being hit by a massive denial-of-service attack today. The timing, the scuttlebutt on Slashdot and elsewhere, and the contents of my mailbox all suggest strongly that the DOS attack was triggered by Darl McBride's slanderous interview[2] accusing the community of being IBM's sock puppets, and my response[3] to it.
Published Aug 24, 2003 - 08:43 PM
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How to muzzle SCO: Get a Preliminary Injunction
SCO Microsoft's Sock Puppet the SCO Group isn't about to shut up any time soon, unfortunately. its publicity campaign of attempting to smear Linux developers and the Open Source community in general isn't working, but SCO's execudroids seem to think that means they need to try harder, imagine even more incredible claims and accusations, throw more crap.
Published Aug 24, 2003 - 03:18 AM
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