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Sometimes You Just Want to Have a Good Laugh
Monday, September 29 2003 @ 10:21 PM EDT

A friend sent me this link to a takeoff on a SCO press release. It made me smile, and I realized sometimes that's exactly what is needed. If you are in the same mood, here -- thanks to Matthew Peavy's willingness to share his "IP" freely -- is his parody on the SCOShow in full.


Tuesday, Sept. 23, 2003
Lindon, UT
The SCO Group (SCOX)

SCO Group, a leader in IP litigation, has announced that they have recently trademarked the English letters S, C, and O, and all combinations and derived works thereof. SCO announced this important update on Tuesday as another legal front in their long and on-going series of IP lawsuits. The SCO Group is involved in various Intellectual Property (IP) disputes with organizations ranging from IBM and RedHat to LinuxTag of Germany.

SCO plans to leverage their valuable intellectual property (IP) trademark for use in pursuing litigious claims against other companies and individuals who are currently infringing their trademark. The same trademark, including derivative works, is pending in several other languages, the SCO Group reported.

The trademarking of letters, their individual and combined uses, and all derivative works, will allow SCO to protect investments previously made in this area.

Darl McBride, CEO of the SCO Group, questioned whether there would be an end to the infringement of their intellectual property rights. "It seems that every time we turn around, our team of specialists and engineers has detected another word containing our valuable IP (intellectual property). They are using spectral analysis and mathematical models. This is a really exciting time for us." Looking forward, McBride said, "we just want to get this cleared up and protect our IP. Licensing from us will protect us and our customers from potential lawsuits." McBride announced that a licensing plan would be unveiled by the end of the week.

David Boies, famed high-profile lawyer, has been retained to "protect this valuable IP, and its associated and derivate works" for the SCO group. Boies said that trademark law explicitly permitted such protections of derivative works. "For example, we consider the 'Scott Brand' bathroom tissue name to very seriously infringe on the SCO Group's trademark." Boies stated that diverse products ranging from scotch whiskey to the soccer ball may eventually require licensing. Use of the word "fiasco" will generate a per-use licensing fee if used in a commercial setting, stated Boies.

Although involved in other IP suits with SCO, IBM and RedHat have been cleared of any infringement in this area of trademark dispute. Chris Sontag, Senior Vice President at SCO, says, "We're concentrating on the SuSE's, Compaq's, and O'Reilly's of the world. Sun has licensed our valuable, proprietary IP, and has fulfilled its fiscal obligations to us." Sun recently announced a plan to indemnify its customers over the use of the letter "S".

Microsoft, a company highly regarded for their respect of intellectual property, has reportedly been in negotiation with SCO for a license. Microsoft, who risks infringing a 'derivative name' based on all three letters, is eager to finalize negotiations with SCO. "Microsoft, in it's ongoing quest to respect the valuable intellectual property of others, is investigating the terms and conditions under which we can best protect the intellectual property rights of the SCO Group," stated Tom Burt, Deputy General Counsel for Microsoft.

The up-start Linux operating system, which is involved in other IP disputes with SCO, has dodged a bullet in this round of the fight. The OpenOffice group, however, appears to be "treading all over our proprietary IP in this matter" said McBride, and should be prepared for a costly legal fight.

Laura Didio, senior analyst for the Yankee group, has viewed documents provided by SCO proving trademark violation. "Although I can't reveal exactly what companies' names contain S, C, and O [due to a non-disclosure agreement], there is obvious and serious infringement. I think they have a real case here." Didio went on to advise companies to seek legal advice on the matter. "Thank god Yankee is safe," Didio is quoted as saying.

SCO views this potential revenue stream as "exciting, potentially explosive." SCO's share price has risen from a low of $0.78 earlier this year to an impressive $20 level. McBride views the current 165 P/E ratio as in-line with their growth strategy. "We've got nearly all the areas of IP covered, from lawsuits over copyright and trade secrets to patents -- and now trademark. In addition, we've cut costs significantly, specifically in R&D, support, and sales. And we've pumped up our legal fund dramatically. We have positioned ourselves as a serious litigant in the profitable IP arena."

--------------------------------

(C) Sept 23, 2003
Matthew Peavy
www.mpeavy.com

Please copy this and distribute.


  


Sometimes You Just Want to Have a Good Laugh | 33 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Sometimes You Just Want to Have a Good Laugh
Authored by: tazer on Monday, September 29 2003 @ 11:02 PM EDT
"IBM responded today with an IP counter-suit of its own. IBM has pulled
from its IP portfolio, the long forgotten white space. Darl McBride responded
by saying, 'The open source community has put IBM up to this. IBM's just a
puppet'. IBM's attorney's dutifully amended their counter-suit with Darl
McBride's preceding comment, tacking on 13 more instances of IP
violation."

[ Reply to This | # ]

Thanks
Authored by: Anonymous on Monday, September 29 2003 @ 11:12 PM EDT
This was a nice change. I really enjoyed the last paragraph :)

[ Reply to This | # ]

Arbitrary removal of posts
Authored by: Anonymous on Monday, September 29 2003 @ 11:53 PM EDT
I apologize for asking this here, but I can't find a really suitable place to
ask it.

It would be nice if there were a clear policy on posts rather than finding that
they simply "disappear".

It seems to me that if posts are to be arbitrarily removed, the right thing to
do is to make it clear that the forums are moderated, and if possible to explain
reasoning for deleting posts.

It would really be appreciated! Thanks.

[ Reply to This | # ]

Rob Enderle's latest
Authored by: belzecue on Tuesday, September 30 2003 @ 12:16 AM EDT
Hmm, apologies for tacking this on this thread, but without an open-topic forum
manager like PHPBB...

http://www.ecommercetimes.com/perl/story/31702.html

Rob Enderle's latest anti-open source community letter is there.
Interestingly, he has answered every comment individually so far (about three or
four), which indicates he is monitoring that forum. Of course, you won't get a
straight answer from His Highness, but you can at least try...

[ Reply to This | # ]

End users are the guilty party
Authored by: Anonymous on Tuesday, September 30 2003 @ 01:53 AM EDT
In fact, I believe that SCO would sue not the companies using the letters S, C
and O in commercial context but rather the people who read texts containing the
valuable IP.

[ Reply to This | # ]

Sometimes You Just Want to Have a Good Laugh
Authored by: Anonymous on Tuesday, September 30 2003 @ 02:04 AM EDT

Socialists and sock-owners beware!

And sock-puppets, too!

Whoops, looks like SCO just found new grounds to sue itself again.

[ Reply to This | # ]

Sometimes You Just Want to Have a Good Laugh
Authored by: Anonymous on Tuesday, September 30 2003 @ 02:11 AM EDT
IBM is infringing too, if you use the long form of their name.

Jonathan Cohen said on CNBC that International Business Maxines, but also be be
infringing on SCOX's proprietary letter X, and he expects the stock to continue
to rise

[ Reply to This | # ]

laugh a minute :)
Authored by: Clifton Hyatt on Tuesday, September 30 2003 @ 02:39 AM EDT
does anyone have any thoughts on this? "SAN DIEGO, Sept. 29 /PRNewswire/ -- Lindows.com Inc. ( www.lindows.com ) received the following take down notice concerning its MSfreePC ( www.MSfreePC.com ) web service designed to help Microsoft (Nasdaq: MSFT - News) customers process their claims from the $1.1 billion settlement Microsoft has agreed to pay."
"This firm represents Microsoft Corporation in a class action pending in San Francisco Superior Court, in which the Court has recently granted preliminary approval to a settlement. We just received a copy of a letter sent to you by counsel for the plaintiffs, raising some concerns about your www.msfreepc.com website. Our concerns about the website go far beyond those noted by plaintiffs' counsel. Your unauthorized website offers class members the opportunity to submit claims under the Microsoft settlement and obtain an "Instant Settlement" that they may use to purchase between $50 to $100 worth of Lindows software. The website also states that it offers a free PC to "the first 10,000 people who buy $100 worth of products." For the reasons set forth below, your website is deceptive, seriously mischaracterizes the settlement, misleads the public and encourages class members to submit improper fraudulent claims that will be denied by the Settlement Claims Administrator. Microsoft strongly supports the right of the class members to claim benefits under the settlement and use those benefits to purchase qualifying computer hardware and/or software of any manufacturer, including Lindows. Microsoft is also committed to protecting the integrity of the settlement, the authorized website established by Court order and the claims process preliminarily approved by the Court."
http://biz.yahoo.com/prnews/030929/lam050_1.html
this is funny AND a Groklaw reference...
http://newsforge.com/newsforge/03/09/26/1316246.shtml?tid=16

[ Reply to This | # ]

More publicity...
Authored by: Anonymous on Tuesday, September 30 2003 @ 02:52 AM EDT
A bit OT, but here's the Letter and press release
published in Norway:
http://itpro.no/article.php?sid=4338&mode=nested&order=0

-r :-)

[ Reply to This | # ]

  • More publicity... - Authored by: Anonymous on Tuesday, September 30 2003 @ 05:27 AM EDT
Sometimes You Just Want to Have a Good Laugh
Authored by: Anonymous on Tuesday, September 30 2003 @ 03:18 AM EDT
The Onion should get this writer and his article up on thier site.

[ Reply to This | # ]

From case docket
Authored by: Anonymous on Tuesday, September 30 2003 @ 05:20 AM EDT
Docket Text: Motion by SCO Grp to extend time until 2/4/04 for pla to amd
pleadings and add parties

So we should expect a second amended complaint?

[ Reply to This | # ]

Related news
Authored by: Anonymous on Tuesday, September 30 2003 @ 06:17 AM EDT
Her Majesty, Queen Elizabeth II of The United Kingdom of Great Britain and
Northern Ireland, in a statement from Buckingham Palace, said that she will
defend her rights as the putative owner of the English language, to the fullest.
This includes up to the use of deadly force. I quote "Lindon, Utah may
become a radioactive wasteland if this infringement of MY intellectual property
rights continues. I have informed my (nuclear armed) government of this.

Also, the President of Italy claims that the Roman alphabet, a small part of
which SCO is claiming all rights to, is prepared to back Her Majesty completely.
"The Roman alphabet is part of Italy's gift to the world" he said.
"It cannot be stolen for the use of a greedy few."

The leaders of other countries which use the roman alphabet have all released
similar statements. The Russian and Chinese governments have stated that they
are following developments in this case closely, as it might give a lead on many
IP claims around the world.

[ Reply to This | # ]

Sometimes You Just Want to Have a Good Laugh
Authored by: JoeyTheSaint on Tuesday, September 30 2003 @ 08:36 AM EDT
Since no one else here mentioned this, I thought I should share an extra bit of
news. The article leaves out one potentially serious drawback to the
indemnification provided by Sun. The indemnity only applies to upper-case use
of the letter 'S'. Be warned. :-)

---
--
-Joe.

[ Reply to This | # ]

This Just In
Authored by: Tim Ransom on Tuesday, September 30 2003 @ 06:06 PM EDT
In related news: Yoda, beloved Star Wars character, Jim Henson creation and late
entry in California's recall election, has sued Ralph J. Yarro, Canopy's
president and chief executive, for unauthorized use of his signature truncated,
backwards vernacular.
"When I say him heard 'We fear nobody, and we are respecters of no
persons', I pinch had to myself." raged the diminutive action star during
a brief scrum after filing the suit.
Adding to the tension was the realization that Yarro's incestuous cabal of
companies are trying to pry $1400 each for the processors used to create Yoda's
incarnation in the digital universe.
"My client has no plans to return to his old foam rubber and sack cloth
format.", stated his attorney in a deep stereophonic baritone.
"Working for years like that with a stranger's arm up his fundemental
aperture is what caused his speech impediment in the first place. What's
Yarro's excuse?"

[ Reply to This | # ]

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