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Eenie, Meany -- More Details on Picking the Victim
Tuesday, March 02 2004 @ 03:08 PM EST

Steven J. Vaughan-Nichols got an exclusive interview with Darl McBride, with more details on who the poor object of his affections might be.

Joke.

They are debating which of two victims to sue. It doesn't appear to be Google. There will be more, but there can't be endless suits, a la RIAA, I'd guess, because they only have 1500 on the entire list to begin with. Here are some highlights from the scoop on eWeek.

"McBride indicated that lead SCO attorney David Boies [who represented the Department of Justice in its antitrust case against Microsoft] of the law firm of Boies, Schiller & Flexner LLP would make the final call.

"McBride continued, 'Neither company is in the technology business.' This appears to rule out Google, which had frequently been mentioned as a possible SCO target. However, he said that 'both are major firms that are names anyone would recognize.'

"'They are also,' he added, 'businesses that were on our list of approximately 1,500 companies that we sent warnings to about their use of Linux in 2003. We've been in talks for several months with and both of them said "no deal."'

"Although SCO will only bring action against one company tomorrow, the other company on the short list will be sued in time, McBride said."


  


Eenie, Meany -- More Details on Picking the Victim | 170 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Eenie, Meany -- More Details on Picking the Victim
Authored by: johan on Tuesday, March 02 2004 @ 03:18 PM EST
So we still don't know who it is. Figures.

Does anybody know anything more about this supposed deadline they missed?

[ Reply to This | # ]

Eenie, Meany -- More Details on Picking the Victim
Authored by: Anonymous on Tuesday, March 02 2004 @ 03:18 PM EST
Didn't all 1500 say "No deal?"

At this point, Boise has to sue someone even if it's pro-bono. If not, he will
have lost all credibility.

[ Reply to This | # ]

Eenie, Meany -- More Details on Picking the Victim
Authored by: haegarth on Tuesday, March 02 2004 @ 03:19 PM EST
Getting serious, is he?
The air is trembling with fear ;-)

---
Where do you want to SCO today?

[ Reply to This | # ]

SCO to Sue Halliburton
Authored by: Anonymous on Tuesday, March 02 2004 @ 04:46 PM EST
At least that's my prediction. Per SEC fillings, SCO makes lubricants not IP or
software. So out goes the REAL competition.

The lawsuit was just a big understanding...you know...Utah to English dialect
differences.

http://www.scoxpetro.com/

[ Reply to This | # ]

Eenie, Meany -- More Details on Picking the Victim
Authored by: Anonymous on Tuesday, March 02 2004 @ 04:46 PM EST
PJ: Getting mysql connect errors when trying to access Groklaw.

First time since last Autumn.

[ Reply to This | # ]

Eenie, Meany -- More Details on Picking the Victim
Authored by: Anonymous on Tuesday, March 02 2004 @ 04:48 PM EST
Wow - Boise is making a comeback finally. Been on a long holiday somewhere has
he? Or did he just not want to get involved except at the dying thrash.

Oh well time will tell.

[ Reply to This | # ]

Eenie, Meany -- More Details on Picking the Victim
Authored by: Anonymous on Tuesday, March 02 2004 @ 04:51 PM EST
At what point are the U.S. courts going to put a muzzle on this fool?

[ Reply to This | # ]

Is this option available?
Authored by: Anonymous on Tuesday, March 02 2004 @ 04:52 PM EST
someone should somehow get this to compile into reality

int MAX_CONCURRENT_LAWSUITS= 3;

or, better yet

bool SCO_ADMITS_THEYRE_SCHNOOKS= true;

[ Reply to This | # ]

Here comes the "virtual lawsuit"
Authored by: Jude on Tuesday, March 02 2004 @ 04:52 PM EST
We already have SCO saying that their IP is in Linux, but refusing to say
exactly what they claim as their IP.

For their next move, I predict they'll announce a lawsuit, but won't say who
they are suing. Nobody will be able to find any evidence of such a lawsuit, and
there will be no news of the "lawsuit" progress except in SCO press
releases.

[ Reply to This | # ]

Eenie, Meany -- More Details on Picking the Victim
Authored by: Anonymous on Tuesday, March 02 2004 @ 04:54 PM EST
"McBride indicated that lead SCO attorney David Boies [who represented the Department of Justice in its antitrust case against Microsoft] of the law firm of Boies, Schiller & Flexner LLP would make the final call.

I'm surprised Boies is still involved in this suit. I'd have thought that he would want to get himself out of this loser mess.

[ Reply to This | # ]

Eenie, Meany -- More Details on Picking the Victim
Authored by: Anonymous on Tuesday, March 02 2004 @ 04:55 PM EST
Well, they've managed to give their stock a boost. Up 9.37% today. Is that
really all it takes? Mr. Failing_company calls up the media and tells them that
tomorrow he's going to call them again and tell them that he's going to sue
someone sometime and bam! his stock shoots up?

Weird.

[ Reply to This | # ]

OT: 'Counterpoint'
Authored by: Tim Ransom on Tuesday, March 02 2004 @ 04:55 PM EST
Found on the SCO website on a page called 'Corrections in the News' in rebuttal to an article called 'AT&T Trips Up SCO':

'Fact

SCO has never claimed to own all additions to or versions of UNIX that were ever made by companies that licensed UNIX source code or that the IBM developed file system for AIX now belongs to SCO. SCO has publicly stated that while certain products and additions are owned by the respective UNIX licensee, SCO retained rights (as written in the UNIX software sub-licensing agreements) as to how these products are distributed or used, including confidentiality restrictions.'


Could this be the fabled 'counterpoint' service offered by Rant for Rent Rob in action?

---
Thanks again,

[ Reply to This | # ]

Eenie, Meany -- More Details on Picking the Victim
Authored by: Anonymous on Tuesday, March 02 2004 @ 04:55 PM EST
"We've been in talks for several months with and both of them said 'no
deal.'"

Hopefully this means that the two companies are ready and willing to put up a
fight.

Although, the fight should be something along the lines of, "We got Linux
from RedHat, talk to them. SCO is in dispute with IBM and Novell, as well, over
their supposed 'ownership' of UNIX. That needs to be settled first."

Later


[ Reply to This | # ]

Eenie, Meany -- More Details on Picking the Victim
Authored by: xtifr on Tuesday, March 02 2004 @ 04:55 PM EST

SCOG stock has gained over a dollar so far today. Apparently, the announcement had its intended effect, so no need to actually go ahead and sue (which would be dangerous). :)

Although, according to this article, they have sued someone, but "[t]he identity of the end-user was not released." Is that even possible? How do you file suit secretly? Specific evidence in a case can be kept confidental and secret, but surely the fact that a lawsuit has or has not been filed is a matter of public record?

[ Reply to This | # ]

Eenie, Meany -- More Details on Picking the Victim
Authored by: Anonymous on Tuesday, March 02 2004 @ 04:55 PM EST
It's gonna be good! Big stock comeback!
The reason they have two choices is that there is only
two sides on the quarter they have. Maybe its a silver dollar
because its Utah. What a load.


[ Reply to This | # ]

Me, me...pick me...!
Authored by: Anonymous on Tuesday, March 02 2004 @ 04:56 PM EST
I'd LOVE to be the first victim.....PLEASE PICK ME!

As I know that SCO reads this site, post a phone or e-mail where I can contact
you to begin proceedings.

Let's just make this easy on you too, I'd stipulate everything in the kernel and
all the other stuff in the FC1 distro.... No need for a long and drawn-out
discovery phase.

Let's just get right to court too, none of this hogwash waiting around with lots
of FUD, because I think you'll loose on the merits in about 5 min.... I'm
prepared to go tommorrow, my suit's been drycleaned too...

Or are you folks scared of really going before the judge?...

Contact me back, I look forward to hearing from you to be your first or second
victim.

Danny D

[ Reply to This | # ]

Eenie, Meany -- More Details on Picking the Victim
Authored by: jre on Tuesday, March 02 2004 @ 04:57 PM EST
[the conference call begins]

"So, Darl, how are your quarterly results?"

"Never mind that, let me tell you about our new licensee!"

"I mean, did you make any money or anything?"

"Hey, did I tell you who we're suing? It's big!"

"Because we were wondering about SCO's profitability, what with the legal fees, and all the companies on your list telling you to go pound sand, and all ..."

"What's that over in the corner? An eagle?"

[ Reply to This | # ]

Eenie, Meany -- More Details on Picking the Victim
Authored by: sbungay on Tuesday, March 02 2004 @ 04:57 PM EST
I wonder why more of the 1500 haven't launched legal action against SCO?

---
Programmer: A red eyed mumbling mamal that converses with inanimate objects.

IANAL IAAP

[ Reply to This | # ]

Late, sure, but where?
Authored by: rand on Tuesday, March 02 2004 @ 04:58 PM EST
"We will announce which one it will be late tomorrow morning or early
tomorrow afternoon."

It's mid-afternoon right now in Utah. His watch must be set to whatever
timezone is out in the middle of the Pacific.

---
carpe ductum -- "Grab the tape" (IANAL and so forth and so on)

[ Reply to This | # ]

Just Another Day At The Pump...
Authored by: Anonymous on Tuesday, March 02 2004 @ 05:01 PM EST
The day grows late here in the east, and no news of a filing of a lawsuit
against a large corporation has yet to hit the wires. Further, the NYSE has
closed for the day, and the lack of an announcement is not surprising, as SCOG
has seemingly timed every one of their actions to prop up their stock price.
(Today it is up a little over a point to $13.42, which by percentage is a large
jump for them.)

Therefore, it is reasonable to assume that SCOG has used this latest PR barrage
to get folks to once again to purchase shares of their stock. IOW, the mere
threat of the lawsuit is what they intended.

Who knows what the rest of the day and the morrow shall bring -- perhaps SCOG
will actually file a lawsuit against a corporation, perhaps not. It seems that
they are conducting a campaign of barratry in the press.

[ Reply to This | # ]

Well, it's
Authored by: Tim Ransom on Tuesday, March 02 2004 @ 05:03 PM EST
now 5:00 pm in Toronto and so far no sign of the other foot. This is like watching a contuous loop of Geraldo unearthing 'Al Capone's vault'.

*sigh*

---
Thanks again,

[ Reply to This | # ]

We have millions of lines...
Authored by: seanlynch on Tuesday, March 02 2004 @ 05:04 PM EST
  • We have examples of millions of lines of code copied directly from our UNIX into Linux, We just can't show you any.
  • IBM has revealed our trade secrets, we just don't know what they are until we can look at all code IBM has ever produced.
  • We have sold hundreds of licenses for valuable SCO IP. Well three, maybe four. Check our SEC and Court filings, you might find some clues there.
  • We have sued a Linux end user, we just can't say who.

    Is this some form a charades or a Utah guessing game that I have never heard of?

  • "Neither company is in the technology business."
  • "both are major firms that are names anyone would recognize."
  • "They are also,businesses that were on our list of approximately 1,500 companies that we sent warnings to about their use of Linux in 2003. We've been in talks for several months with and both of them said 'no deal.'"
  • Their names begin with the letter 'Q'. OK I made that last one up!

    The first SCO licensee to guess correctly gets a "avoid one lawsuit" card, a free trip to Las Vegas, and a chance to buy a license to use even more valuable SCO IP!

    [ Reply to This | # ]

  • Eenie, Meany -- More Details on Picking the Victim
    Authored by: jbeadle on Tuesday, March 02 2004 @ 05:05 PM EST
    I still think it's amazon.com...

    -jb

    [ Reply to This | # ]

    Eenie, Meany -- More Details on Picking the Victim
    Authored by: geoff lane on Tuesday, March 02 2004 @ 05:21 PM EST
    Well it's 22:17 GMT over here and nothing yet?
    I notice that the SCOX price has risen 10% over the day.
    That's not a bad days work for the SCO spin doctors.

    [ Reply to This | # ]

    Red Hat Thanks You
    Authored by: Anonymous on Tuesday, March 02 2004 @ 05:22 PM EST
    > They are also businesses that were on our list of approximately 1,500 companies that we sent warnings to about their use of Linux in 2003. We've been in talks for several months with and both of them said "no deal."

    And with that statement, McBride himself has just made the connection between SCO's earlier warning letters and the current threatened lawsuit, thus proving the validity of Red Hat's prediction of harm, and motion to add new evidence.

    SCO's lawyers must hate it when McBride speaks to the press.

    [ Reply to This | # ]

    Two possibilities for who they'll sue
    Authored by: GLJason on Tuesday, March 02 2004 @ 05:23 PM EST
    1) SCOX. After all, as Caldera they sold and distributed Linux based solutions. They still distribute GPL based products and the Linux kernel and source code to their past customers. I think this target is ripe. They don't appear to be involved in technology anymore either, I believe they are a law firm or something like that.

    2) BOIES, SCHILLER & FLEXNER, LLP - now that would be fun too :)

    [ Reply to This | # ]

    Eenie, Meany -- More Details on Picking the Victim
    Authored by: Anonymous on Tuesday, March 02 2004 @ 05:26 PM EST
    Why doesn't someone call Mistress Cleo?

    Bob

    [ Reply to This | # ]

    Eenie, Meany -- More Details on Picking the Victim
    Authored by: Anonymous on Tuesday, March 02 2004 @ 05:29 PM EST
    I thought that to maintain your copyright you had to vigorously defend all
    violations. By SCO chosing only a single company to go after aren't they
    shirking their responsibility as a copyright holder (assuming that they actually
    did own the copyrights for a moment). The selective litigation doesn't seem
    reasonable. You'll let this person (or company) get away with violating your
    copyright, but not this other one?!

    [ Reply to This | # ]

    Eenie, Meany -- More Details on Picking the Victim
    Authored by: Anonymous on Tuesday, March 02 2004 @ 05:35 PM EST
    Does anyone know at what point it becomes illegal for them to continue down this
    road? I saw an interview of Darl saying they would not return any of the
    licensing money if they lost in court. That strikes me as extortion/fraud.

    Can I start sueing people over code used in Linux? I have no real claims to it
    either, but I can make some up if it will make me a quick buck and I won't get
    in trouble for it.

    [ Reply to This | # ]

    SCO Postpones Announcing Customer Lawsuit Until Wednesday
    Authored by: Tim Ransom on Tuesday, March 02 2004 @ 05:43 PM EST
    Link

    ---
    Thanks again,

    [ Reply to This | # ]

    Eenie, Meany -- More Details on Picking the Victim
    Authored by: mbaehr on Tuesday, March 02 2004 @ 05:44 PM EST
    It seems SCO would like to keep us all on the edges of our seats just a bit
    longer:

    http://www.crn.com/sections/BreakingNews/dailyarchives.asp?ArticleID=48344

    "SCO Postpones Announcing Customer Lawsuit Until Wednesday"

    [ Reply to This | # ]

    SCO sues somebody, take 29...... action!
    Authored by: gnutechguy99 on Tuesday, March 02 2004 @ 05:44 PM EST
    Questions to groklaw.net people!

    How many times do we have to play this sick game with SCO?

    If they sue a company that is running Red Hat won't that essentially make Red
    hat's case in Delaware?

    I suspect SCO will not reveal the name of the company, just as they never
    revealed the magical mystery SCO IP license-buying losers.

    [ Reply to This | # ]

    Eenie, Meany -- More Details on Picking the Victim
    Authored by: dracoverdi on Tuesday, March 02 2004 @ 06:05 PM EST
    Tomorrow's Headline:

    SCO accidentally Sues Self

    In an unanticipated turn of
    events resulting from a clerical error, alleged Unix provider SCO has sued
    itself for copyright infringement. According to sources inside SCO, the
    surprising action resulted from confusion on the part of SCO corporate lawyers
    about whether or not Caldera and SCO are different companies. Industry analysts
    agreed that although apparently bizarre, the action is consistent with past SCO
    behavior

    [ Reply to This | # ]

    More Victim Qualifications
    Authored by: chrisbrown on Tuesday, March 02 2004 @ 06:06 PM EST
    More musings on the identity:
  • Does not use Linux distribution purchased from Suse (Novell issues), RedHat (indemnified), HP (indemnified), IBM (just because).
  • They'll probably get someone who's Linux installs are from downloads or home-brewed to avoid distributor "entanglements". The popular press already thinks people who download software for free are pirates anyway.
  • Not a technology company (as they've said), it's got to be a more technically gullible company. (Everyone's Internet not withstanding)
  • US based company. (SCO's not doing well in courts elsewhere)
  • It'll be a company who's currently profitable. (The victim's gotta have money and not have their back to a wall.)
  • Not the US Government such as LBL, DOD, NSA, etc. (They're stupid but not THAT STUPID!)
  • [ Reply to This | # ]

    Eenie, Meany -- More Details on Picking the Victim
    Authored by: Anonymous on Tuesday, March 02 2004 @ 06:08 PM EST
    Off hand, and mostly because TSG seems to love controversy and getting the
    public riled up. I'm leaning towards JustSports being the target. They were
    plucky enough to speak up and tell the press exactly what they thought of TSG's
    antics.

    Squeaky wheel gets the shotgun^Wlawsuit.

    a not logged in piraeus

    [ Reply to This | # ]

    My question is...
    Authored by: shadesfox on Tuesday, March 02 2004 @ 06:10 PM EST
    Will they go after another big name and see if they can't get more general
    publicity or go after someone smaller in hopes of settling and showing some
    victory for their investors and inflate their stock prices? They aren't going
    for a tech business probably because everyone there knows of the defence funds
    set up by OSDL and friends, but Mom and Dads book store uses linux and they get
    sued, will they know about it?

    If SCO is using logic, they will have to target someone relitively small and not
    tech oriented.

    Then again, we've seen how much stock SCO puts in logic.

    [ Reply to This | # ]

    Darl's Comments On The Lawsuit
    Authored by: dmscvc123 on Tuesday, March 02 2004 @ 06:14 PM EST
    "My feelings - as usual - we will slaughter them all"

    [ Reply to This | # ]

    Breaking news
    Authored by: Anonymous on Tuesday, March 02 2004 @ 06:27 PM EST
    SCO sues Caldera, for distributing UNIX code in Caldera Linux

    Caldera countersues SCO, for breach of the GPL, and copyright infringement by
    distributing Linux after GPL termination.

    Lawyers for SCO: Heise, Boies, Brent O. Hatch, Kevin McBride

    Lawyers for Caldera; Kevin McBride, Brent O. Hatch, Boies, Heise

    SCOX stock up to $14.

    Brian Skiba announces price target of $100/per share.

    [ Reply to This | # ]

    Eenie, Meany -- More Details on Picking the Victim
    Authored by: Anonymous on Tuesday, March 02 2004 @ 06:29 PM EST
    SCO prospones trails.
    also there is a note that it is also copyright infringement. Now it is before stated that a
    copyright case can only be started when the copyright is registrated with the copyright
    office. Am i right?
    So sco can't add copyright infringnement isn't it?

    [ Reply to This | # ]

    EV1's hypocrisy
    Authored by: RedBarchetta on Tuesday, March 02 2004 @ 06:46 PM EST
    Forgive me if this has already been posted.

    There's a web site called "hosts4porn" that reviews "adult friendly" web hosting companies. They review various adult content hosting companies, among them names such as SexTracker, Sexy Servers, Erotihost, PornResource, XXXHosting, XXXWebHosting, XXXISP, XXXStorage, Sex.com and EV1.net. Host4porn quotes EV1.net's "head surfer" (CEO? President?) Robert Marsh:

    "And, while Marsh is certainly prepared to outline the benefits EV1Servers can offer to an adult hosting customer, he is just as ready to recognize the important role adult Web site operators play in the company's business.

    "Adult customers represent a significant proportion of EV1Servers' user base," he says. "I can't give you exact stats, because we don't review and rate content hosted on our network. But I can tell you that adult users are highly valued members of our community."



    However, if one visits the EV1.net they have a section titled, "Child Surf" which is a filtering service for web surfers. It states the following:

    "[..] our own personnel continually search for potentially offensive sites that need to be blocked and we accept submissions from our users regarding sites that should be blocked.[..]"

    Isn't this a hypocritical stance? After all, the CEO himself stated that adult customers represent a "significant proportion" of EV1's server user base. While I understand that one part of their business is hosting services, and the other part is web surfing services, aren't they stating they will be cancelling-out the services of their hosting customers, for the benefit of it's surfing customers? Isn't this a bit backward, even hypocritical?

    Also, isn't the money they paid to SCO for licenses (partially) made from offering services to porn peddlers?

    Draw your own conclusions...

    [ Reply to This | # ]

    • Nope - Authored by: Anonymous on Tuesday, March 02 2004 @ 06:53 PM EST
    Eenie, Meany -- More Details on Picking the Victim
    Authored by: Anonymous on Tuesday, March 02 2004 @ 07:52 PM EST
    "Although SCO will only bring action against one company tomorrow, the other company on the short list will be sued in time, McBride said."

    Isn't this the defination of fear, uncertinity and doubt?
    I.E. Here's the list. We are after one now. And you might be next. BOO!!!

    [ Reply to This | # ]

    Some Clues...
    Authored by: odysseus on Tuesday, March 02 2004 @ 07:56 PM EST
    "Not an IT company" - As any IT company would juat laugh in their
    face, so they need to pick on someone with a total lack of IT savvy who will
    either capitulate or not be able to properly defend themselves when the
    tech-speak starts flying...

    "An existing UNIX/SysV licensee" - In other words just another
    contract claim, NOT a real LINUX copyright infringement suit.

    Yawn...

    [ Reply to This | # ]

    Eenie, Meany -- More Details on Picking the Victim
    Authored by: Totosplatz on Tuesday, March 02 2004 @ 08:38 PM EST
    I bet it is Google - underneath they have great technology but you could say
    that since they're not in the business of selling that technology as their
    product that they're "not in the technology business."

    But trying to read the SCOG tea leaves is always an art, never a science.


    ---
    All the best to one and all.

    [ Reply to This | # ]

    Eenie, Meany -- More Details on Picking the Victim
    Authored by: prammy on Tuesday, March 02 2004 @ 10:35 PM EST
    hmm if or when these companies sued, cant they just say "well SCO has not
    proven that they actually own this IP that they are suing us over nor will they
    allow us to see this 'supposed infringement' under an NDA where we can rectify
    the problem if it exists." ?

    [ Reply to This | # ]

    SCO -- "Who to sue, who to sue"
    Authored by: Night Flyer on Tuesday, March 02 2004 @ 10:37 PM EST
    Presuming that Boise et al are competent lawyers, who value their reputations, I
    expect that they would not start a lawsuit that they clearly could not win --
    irrespective of what SCO might be pressuring them to do.

    In my opinion, no lawsuit has been launched, because they haven't found an easy
    marque.

    Taking into account the suit from Red Hat, winning is absolutely imperative (to
    Boise et al and SCO). If SCO cannot show that some company(ies) are using its
    code improperly, SCO will lose multiply (to Red Hat, the company(ies) they sue,
    in Australia, in Germany, etc.) Then, SCO has to face IBM.

    I expect that, because of GROKLAW, Novell, IBM, groups in Germany and Australia,
    there is a diminished field of easy marques for them to select from.

    My bet is that they will look for a company that has actually done something
    improper, not specifically related to Linux Kernel, but more likely related to
    SCO's proprietary Unix libraries being used to run Unix programs on Linux.
    (Small stuff, compared to the FUD we have endured.)
    -------------------------------------------
    Once when I was sick, and home from work, I watched a day-time Soap Opera. This
    is better by far.
    -------------------------------------------

    My Clan Motto: Veritas Vincit; Truth Conquers

    [ Reply to This | # ]

    Eenie, Meany -- More Details on Picking the Victim
    Authored by: Anonymous on Wednesday, March 03 2004 @ 12:19 AM EST
    Eenie, Meany, Miney SCO
    Darl, Keven, and the boys... you know...
    Stupid Law suits make's 'em go....
    Eenie, Meany, Miney SCO!


    Ok.. so it's late. ;-)

    ...D

    [ Reply to This | # ]

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