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McBride at SCOForum - Let's See if Linux Stays Free |
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Monday, August 02 2004 @ 07:37 PM EDT
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SCO is like a toe fungus. You treat it and treat it, and it still persists. Oh, wait. Wrong analogy. It's like Rocky Balboa. It all depends on who you listen to. Here's SCO's version. McBride at SCOForum says he'd do it all again:
"In addition, he said, the company hit a home run in its goal of aggressively defending SCO's intellectual property in court. 'We've obviously overachieved on that objective,' he said. 'If I had to make this decision [to sue IBM] 10 times over, the decision would be the same one 10 times. No doubt that explains all the motions and cross motions and all the other law suits. Are we up to ten of them yet? Or does it just feel like it? Obviously, this overachiever's having fun. He says he expects to win. And then, my pretty, we'll see what happens to your little penguin:
"SCO's fight against the alleged intellectual property infringements will have a drastic effect on Linux in the future if his company wins, he said. 'Wait until the SCO battles are over and let's see if it's free [anymore] or not.'" You just can't help liking a guy like this, can you?
I gather he was nice enough to mention Groklaw and Elvis and Rocky and The Princess Bride in the same breath. Jeff Hunsaker came onstage dressed like Elvis and Darl came out after movie clips of Rocky Balboa, but he really identifies with Wesley in the Princess Bride: "Rather than sidestep the issue of the contentious battle against IBM, McBride referenced it often for the audience of partners and developers, even laying out the main points of the suit. 'When all of this is played out,' he said, 'the truth will prevail.'. . .
"The movie theme continued as McBride began his keynote, when he compared the SCO litigation to 'The Princess Bride.' He said he identified most strongly with the film's protagonist, Wesley, who was filled with righteous anger as a result of being wronged.
"To hammer the point home, he showed a scene from the film in which Wesley is being tortured to death, and emitting a wail of 'ultimate suffering.' McBride referenced disparaging remarks from pundits, Linux pioneer Linus Torvalds, IBM and numerous blogs. 'This has not been an easy year,' he said. 'It's been a year of ultimate suffering.'" One can only hope. And that word truth you keep using? I don't think it means what you think it means. VP Sandy Gupta of Declaration fame stood up to talk about their new developer program, SCO Marketplace, and I'm sure many of you will want to help SCO write code. The program "lets developers bid on development work related to SCO's Unix products". So, money is being waived in front of you. Probably no health benefits though, huh? That went out the door with the engineers they let go, I expect. I feel I should remind you that once you see that code, I think they own you forever, however, according to their theory of derivative code, so you'd be unemployable, no? Who could hire you without fear of being sued by SCO? I guess you could change professions. You couldn't donate code to GNU projects, I don't believe. So, it looks like another fine SCO business model that I'm sure will be wildly successful also. Like SCOsource. And what about Groklaw? How does it fit into such fine company? "Despite the amount of comments regarding its intellectual property claims, McBride attempted to show that the company was not just about recent legal actions and venomous remarks on Groklaw." I don't think he knows what the word ultimate means either, but I do, and since last year he was portraying himself as James Bond and this year as Wesley letting out a wail of ultimate suffering, I'd say we're getting somewhere. One more indication. Last year, there was a report that attendance was "less than 1,000". This year, McBride spoke to 350. P.S. Rocky lost.
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Authored by: Anonymous on Monday, August 02 2004 @ 08:39 PM EDT |
You can either pay SCO 699 per CPU or OSRM the "Protection Fee"
Quick delete this post![ Reply to This | # ]
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Authored by: Anonymous on Monday, August 02 2004 @ 08:40 PM EDT |
He appears to be Mostly Dead, from here. And... since he is not after True
Love, Miracle Max will not give him the Chocolate Coated Miracle Pill. Looks
like he needs the bellows to fill himself full of hot air.[ Reply to This | # ]
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Authored by: Anonymous on Monday, August 02 2004 @ 08:43 PM EDT |
For PJ and the rest of us.
--Bill P[ Reply to This | # ]
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- I hate to say it but, - Authored by: pogson on Monday, August 02 2004 @ 08:47 PM EDT
- Martketplace - Authored by: Anonymous on Monday, August 02 2004 @ 08:47 PM EDT
- Waived - Authored by: Anonymous on Monday, August 02 2004 @ 08:57 PM EDT
- Waived - Authored by: radix2 on Monday, August 02 2004 @ 10:14 PM EDT
- Waived - Authored by: Anonymous on Tuesday, August 03 2004 @ 02:06 AM EDT
- Waived - I dunno... - Authored by: jbeadle on Tuesday, August 03 2004 @ 12:16 PM EDT
- It's actually "Westley" and not "Wesley." (n/t) - Authored by: Anonymous on Tuesday, August 03 2004 @ 01:23 AM EDT
- "he said, the company hit a home goal in its run of aggressively ..." - Authored by: Anonymous on Tuesday, August 03 2004 @ 07:40 PM EDT
- Corrections, if any - Authored by: darkonc on Tuesday, August 03 2004 @ 08:09 PM EDT
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Authored by: Anonymous on Monday, August 02 2004 @ 08:44 PM EDT |
How many attendees? Any notable companies participating? Any companies
expressing support for SCO's strategies? Inquiring minds want to know...[ Reply to This | # ]
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Authored by: Anonymous on Monday, August 02 2004 @ 08:45 PM EDT |
Like spelling corrections in my titles.
--Bill P[ Reply to This | # ]
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Authored by: NastyGuns on Monday, August 02 2004 @ 08:46 PM EDT |
So PJ can find them easily.
---
NastyGuns,
"If I'm not here, I've gone out to find myself. If I return before I get back,
please keep me here." Unknown.[ Reply to This | # ]
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- OT Rocky - Authored by: Anonymous on Monday, August 02 2004 @ 10:20 PM EDT
- OT A measure for Linux uptake? - Authored by: Brian S. on Monday, August 02 2004 @ 10:43 PM EDT
- Rocky? Which one? ;-) - Authored by: OK on Monday, August 02 2004 @ 11:14 PM EDT
- OT Have the Airforce got one yet? - Authored by: Brian S. on Monday, August 02 2004 @ 11:43 PM EDT
- Page Forward / Backward Tip for Opera Users (undocumented I think) - Authored by: Anonymous on Tuesday, August 03 2004 @ 12:33 AM EDT
- Better Question -- Let's see if Darl stays free - Authored by: Anonymous on Tuesday, August 03 2004 @ 01:42 AM EDT
- 238 Patent infrignments in Linux - Authored by: Anonymous on Tuesday, August 03 2004 @ 02:37 AM EDT
- NYT confuses Open Source with Public Domain - Authored by: Anonymous on Tuesday, August 03 2004 @ 03:00 AM EDT
- Oh puh-leeeze - Authored by: cpw on Tuesday, August 03 2004 @ 03:50 AM EDT
- Oh puh-leeeze - Authored by: Anonymous on Tuesday, August 03 2004 @ 07:08 AM EDT
- Oh puh-leeeze - Authored by: frk3 on Tuesday, August 03 2004 @ 11:20 AM EDT
- OT Darl must never know of this. - Authored by: tintak on Tuesday, August 03 2004 @ 07:46 AM EDT
- Patent infringement in Linux - Authored by: Anonymous on Tuesday, August 03 2004 @ 07:49 AM EDT
- I wonder about this.. - Authored by: Anonymous on Tuesday, August 03 2004 @ 10:12 AM EDT
- PJ, please explain this FUD from OSRM. - Authored by: Anonymous on Tuesday, August 03 2004 @ 11:44 AM EDT
- Patent infringement in Linux - Authored by: Tim Ransom on Tuesday, August 03 2004 @ 12:58 PM EDT
- Patent infringement in Linux - Authored by: wvhillbilly on Tuesday, August 03 2004 @ 01:28 PM EDT
- Patent infringement in Linux - Authored by: Glen on Tuesday, August 03 2004 @ 07:31 PM EDT
- Not FUD... - Authored by: rjh on Tuesday, August 03 2004 @ 07:49 PM EDT
- Not FUD... - Authored by: Anonymous on Wednesday, August 04 2004 @ 05:58 AM EDT
- Patent infringement in Linux - Authored by: J.F. on Wednesday, August 04 2004 @ 12:00 AM EDT
- Theory: Linux may be the Prior Art - Authored by: sjgibbs on Wednesday, August 04 2004 @ 08:06 AM EDT
- IBM gives Cloudscape Code to Apache - Authored by: imperial on Tuesday, August 03 2004 @ 08:33 AM EDT
- Wondering... - Authored by: robobright on Tuesday, August 03 2004 @ 09:34 AM EDT
- Another Darl movie connection ... - Authored by: bruce_s on Tuesday, August 03 2004 @ 09:43 AM EDT
- Linux Scare Tactics....What's going on PJ? - Authored by: Anonymous on Tuesday, August 03 2004 @ 11:06 AM EDT
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Authored by: Anonymous on Monday, August 02 2004 @ 08:52 PM EDT |
And the captain of the Titanic would run his ship into the iceburg 9 more times
to prove it is unsinkable?[ Reply to This | # ]
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Authored by: Anonymous on Monday, August 02 2004 @ 08:56 PM EDT |
Did he have his armed guard with him ? Wasn't he afraid of Linux
"terrorists" showing up ?
[ Reply to This | # ]
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- I wonder - Authored by: Anonymous on Tuesday, August 03 2004 @ 09:16 AM EDT
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Authored by: lstandage on Monday, August 02 2004 @ 09:08 PM EDT |
McBride should have identified himself more with Humperdinck, who wanted to
marry Buttercup (Linux), murder her, blame another country (Novell/IBM/Red Hat),
and go to war to take it all over.
Or he could have identified with Vizzinni, who lost a battle of wits when he had
no tolerance for Iocane (The GPL).
I smell a parody here....
---
with IANAL;
use IANAL;[ Reply to This | # ]
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Authored by: Anonymous on Monday, August 02 2004 @ 09:15 PM EDT |
Only a fool does the same mistake willingly, twice.
This one, is prepared to do it 10 times over...
Draw your own conclusions...
[ Reply to This | # ]
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Authored by: Anonymous on Monday, August 02 2004 @ 09:21 PM EDT |
Making all these inflammatory remarks is the equivalent of putting on a
"kick me" sign. What could McBride possibly hope to accomplish by
making such remarks? Personally he sounds like a narcissistic individual and
got tired of staying out of the limelight. Apparently he is the type that likes
to hear his own voice.
[ Reply to This | # ]
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Authored by: Anonymous on Monday, August 02 2004 @ 09:22 PM EDT |
He must portray this as a positive, otherwise he's breaking his feduciary (sp?)
duty to the company. If Darl were to admit that his case does not look good, he
would be required to drop it or open himself to shareholder (snicker) lawsuits.
I don't really expect anything less from him. He's prob. convinced himself that
it's all true as well, you know, sound heart and mind stuff. That way, he could
pass a polygraph when the folks at Baystar come after him.
Think Darl of as a "Tragic Hero" type. His fate is sealed, but he
must continue the charade until the bitter end.
Couldn't be better than a mixup over the Iocane powder though... Perhaps he
thought it (the evidence) was in the other cup...[ Reply to This | # ]
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Authored by: Anonymous on Monday, August 02 2004 @ 09:24 PM EDT |
SCOx is looking for another 25 years as USL? This guy is truly demented. [ Reply to This | # ]
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Authored by: AG on Monday, August 02 2004 @ 09:26 PM EDT |
I was searching for information about SCO's new developer program. This is what
I found instead:
http://www.thes
cogroup.com/developers/community/contrib/
The page lists SCO's
contributions to various projects:
Knowing the importance of the
development community, SCO continues to contribute to the open-source and
development community. Here are some of the contributions we have made and are
making to the community.
These two stick out (but have a look at the
rest as well):
- AIM Benchmarks -
SCO is making Suites VII and IX of
the AIM benchmarks available under the GPL.
- Linux Kernel
SCO has
contributed several Linux kernel enhancements, including Windows support, IPX
support, NFS, and more.
First of all, if the GPL is so
unconstitutional and un-american, why is SCO licensing AIM
Benchmarks
under the GPL.
Even more interesting is the second item,
which links to a list of their Linux contributions.
http:
//www.thescogroup.com/developers/community/contrib/linux.html
Again, a
number of items are listed, but this sticks out:
- Early support
of the SMP development effort (hardware provided to the SMP development
team)
Hear, hear! SCO has given early support to the SMP
development team. They knew right from the start Linux was getting SMP
support. And now they sue IBM for misappropriating SMP into Linux? This has been
mentioned before, but now it comes straight from SCO's mouth, and thus it must
be true. They list in total 10 contributions on that page. How could they have
not seen all those millions of lines of UNIX code that were dumped into
Linux when they did all this Linux kernel development?
[ Reply to This | # ]
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Authored by: jpgraves on Monday, August 02 2004 @ 09:29 PM EDT |
He was paid over a million dollars last year. He's already won. I doubt he's
done anything that can be proved that will actually get him landed in jail. So
why wouldn't he do it again and again as long as he's pulling his payroll. The
American dream.[ Reply to This | # ]
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Authored by: a_dreamer on Monday, August 02 2004 @ 09:29 PM EDT |
I think Darl means the company "pitched" a home run.
Craig[ Reply to This | # ]
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Authored by: Anonymous on Monday, August 02 2004 @ 09:36 PM EDT |
Mc Bride has to do anything he can to get the stock price back up. That's his
job. have you seen the chart on Yahoo finance lately? Under $1.50 and heading south into delisting
territory. [ Reply to This | # ]
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Authored by: Anonymous on Monday, August 02 2004 @ 09:37 PM EDT |
http://www.infoworld.com/article/04/08/02/HNscoforumnosue_1.html
IDGNS:
Why did SCO recently decide to file a trademark claim for AT&T Corp.'s old
Unix subsidiary, Unix
Systems Laboratories (USL)?
McBride: There
are a couple of reasons around going back to the USL part of the business.
It's really a situation of going
back to the future, if you will. We
look into the future and fully expect that we're going to have some sort of a
win against
IBM in the courtroom. We know we've got another year and a quarter
before we end up in front of a jury trial here in Utah,
but we are preparing
ourselves right now that as we move forward and as we do get justice in the
courtrooms, what is our
business going to look like?
Part of what
we're modeling right now is a return to our licensing business. Last year, we
had a couple of good licensing deals
in the form of Sun (Microsystems Inc.)
and Microsoft (Corp.) You're now hearing those guys talking about incorporating
the
Unix technology into Longhorn. Sun's been able to do things with it. We
have other licensees that are off doing things with the
core Unix System V
technology.
We think that there's a very bright future in the
company to return to the model that we had in the past with Unix Systems
Laboratories.
IDGNS: Would that be a division within your
company, or a separate company that did this licensing?
McBride: Both
are possibilities. We're still doing what USL was doing. We have the same
offices back in Murray Hill, New
Jersey, right across the street from
AT&T Bell Labs; we have the same great kernel-level programmers that are on
our team
that came out of AT&T; we have the core licensing business intact.
Really the only thing that's not there is the brand, which
was associated
with USL. [ Reply to This | # ]
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- Hah! - Authored by: Anonymous on Monday, August 02 2004 @ 09:44 PM EDT
- "before we end up in front of a jury" - Authored by: Anonymous on Monday, August 02 2004 @ 09:44 PM EDT
- McBride: SCO = USL - Authored by: Anonymous on Monday, August 02 2004 @ 09:54 PM EDT
- What's IBM got to do with it? - Authored by: Anonymous on Monday, August 02 2004 @ 11:20 PM EDT
- USL licencing?? - Authored by: mobrien_12 on Tuesday, August 03 2004 @ 12:02 AM EDT
- USL licencing?? - Authored by: Anonymous on Tuesday, August 03 2004 @ 12:59 AM EDT
- McBride: SCO = USL - Authored by: Anonymous on Tuesday, August 03 2004 @ 04:22 AM EDT
- McBride: SCO = USL - Authored by: Anonymous on Tuesday, August 03 2004 @ 10:41 AM EDT
- McBride: speak, Daryl Didn't lie. He just use symantics. - Authored by: Artiken on Wednesday, August 04 2004 @ 04:42 AM EDT
- MS and AIX code - Authored by: Anonymous on Wednesday, August 04 2004 @ 07:37 AM EDT
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Authored by: Latesigner on Monday, August 02 2004 @ 09:47 PM EDT |
I'm going to watch a DVD.
SCO gives me the urge to escape.
I don't understand "why" they're credible.[ Reply to This | # ]
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Authored by: tangomike on Monday, August 02 2004 @ 09:59 PM EDT |
In TSCOG universe, still being around is, apparently, overachieving. This fits
with the 'Rocky" stuff. In the original movie, Rocky got punched senseless,
but kept coming back for more.
Darl apparently feels like Rocky. He should. The difference is he's gonna lose;
this isn't that movie. Mind you, after the Novell decision, TSCOG announced a
'huge win'. After the DCC thrashing, they said they got what they wanted.
The question I'd like to ask him,"Do you really believe what you're
saying?" If he does he needs professional help. I think the legal teams are
briefing him about what's coming. He says the last year has been tough. He must
know it's about to get a lot worse.
---
To The SCO Group - show us your cows.
[ Reply to This | # ]
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Authored by: a1pha on Monday, August 02 2004 @ 10:04 PM EDT |
Darl,
I was fortunate enough to first use a computer in 1981 -
and from then on it intrigued and infatuated me. My first
8 bit micro's were small, fragile and tempermental beasts
- but they were free.... once I bought the machine , no
one would tell me what to run on it, I could write
programs and not worry about the consequences that I had
once seen something that could infringe your "Patents" or
"Intellectual Property".
In the 90's I started working in IT, and started with
ICL's DRS/NX SVR3 and using SUN PC-NFS to link 386's to a
DRS 6000. From there I went to TeamServer's and IBM's AIX
on RS6000's of various sizes.
I then was trained onto Windows, and then in the late 90's
discovered Linux. I found a piece of software that once
again brought me fascination, intrigue and delight - I
could delve as deep as I wanted too. I could rewrite it,
hack it, break it and fix it.
In 2003 I was made redundant from my post and made the
most startling conclusion to my life. I hated IT. I loved
pc's and pc software, I had progressed from 8 bit micros
to Atari's, Amiga's and then PC's - and I loved the jumps
they had made.
I'd hated the legalese, the bs that surrounds IT as firms
lock you into architectures, software and hardware.
I'm currently doing a degree in Astrophysics (actually I'm
hoping to transfer to the M Phys rather then the B Sc Hons
I am doing). And with all the astronomy software,
mathematics software and the like I am really enjoying
being free.
As a guitarist and songwriter I use Muse and other little
pieces of software, written in the truest of altruistic
traditions.
But you want to take that from me, because you cannot
compete you feel you must take what is not yours, and lay
claim to it with mealy words...
Here's a warning for you. I will never pay you for an IP
license as there is nothing of yours to pay for. If Linux
should falter (and god forbid it should ever) then I will
never use a pc again. I, like many others, refuse to be
locked into a proprietary future where our freedoms are
eroded in the name of corporate progress.
I refuse to partake in your schemes that will take away my
freedom to use my computer as I see fit. A freedom that is
axiomatic of the greater issues of freedom across the
world.
My computer is mine to do with as I see fit. The many many
talented men and women who contribute their time,
commitment, skills and knowledge to bring Linux forward
are part of a movement that I feel the future history
books will recognise as being AS important as the global
effects of the internet.
Whereas the internet created for the first time the
ability for ANY one person to speak to another one to one,
the movement that is F/OSS is one that enables anyone to
shape the future into what we want.
You can threaten to make us pay for what is not yours, but
we will not pay.
Alpha
---
--
Trech Gwlad, nac Arglwydd[ Reply to This | # ]
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Authored by: Anonymous on Monday, August 02 2004 @ 10:21 PM EDT |
The program "lets developers bid on development work related to SCO's Unix
products".
-----
I'm guessing that's because it took them 16 months to respond to a recent CERT
advisory. And CERT is known for only issuing advisories once the issue delt
with is old hat to everyone in the security community...
"If you can't compete, sue." <-- SCO's new motto?[ Reply to This | # ]
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Authored by: Anonymous on Monday, August 02 2004 @ 10:46 PM EDT |
In the original Rocky movie, Rocky loses the fight. His big
accomplishment is to make the fight last as long as possible, hmm...[ Reply to This | # ]
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Authored by: blacklight on Monday, August 02 2004 @ 11:09 PM EDT |
"I don't think he knows what the word ultimate means either, but I do, and
since last year he was portraying himself as James Bond and this year as Wesley
letting out a wail of ultimate suffering, I'd say we're getting somewhere"
PJ
And next year, the Darl will delude himself to be J.C. crucified by yahoos like
me - We are indeed getting somewhere: the Darl's martyrdom complex is definitely
a work in progress.[ Reply to This | # ]
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Authored by: stevem on Monday, August 02 2004 @ 11:14 PM EDT |
An interesting bit in the linuxinsider article references to the number of
identified lines:
My how the numbers fall, from a briefcase of millions to 21,000.
21,000 lines of code from AIX and Dynix that IBM own the copyright over.
Impressive. It appears the weird deriviative code concept is still alive and
well in SCOwonderland.
I wonder, if we keep falling at the current rate will we achieve normality
shortly, and any further problems will henceforth be all our own?
A respectful nod to the late, great D Adams.
- SteveM
[ Reply to This | # ]
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Authored by: Observer on Monday, August 02 2004 @ 11:16 PM EDT |
> SCO has identified 21,000 lines of SCO code from the few versions of AIX
and Dynix that have been shared.
Oh, and I don't suppose IBM would be
interested in hearing which lines those are. Now, if you are claiming
you have 21,000 lines of evidence, and you refuse to hand them over to IBM for
discovery, as the judge has ordered no less than three times, where does that
put Mr. McFly?
--- The Observer [ Reply to This | # ]
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Authored by: blacklight on Monday, August 02 2004 @ 11:20 PM EDT |
"In addition, he said, the company hit a home run in its goal of
aggressively defending SCO's intellectual property in court. 'We've obviously
overachieved on that objective,' he said. 'If I had to make this decision [to
sue IBM] 10 times over, the decision would be the same one 10 times."
By the same token, Adolf Hitler also hit a home run when he got the entire world
to gang up on his Nazi Germany. It's always easier for an aggressor to start a
hell of a war than to have it end on his terms.
"SCO's fight against the alleged intellectual property infringements will
have a drastic effect on Linux in the future if his company wins, he [the Darl]
said. 'Wait until the SCO battles are over and let's see if it's free [anymore]
or not.'"
Farmer Darl is counting the chickens before they hatch.[ Reply to This | # ]
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Authored by: Anonymous on Monday, August 02 2004 @ 11:26 PM EDT |
I like they way you diss McBride. Surely he deserves it for being a puppet for
M$. However, he does have a point. With the new groups forming to
provide "insurance" for Linux -- it's looking like big time use of Linux might
not be free in the future. Oh, you can get the software for free, but you'll
pay an arm and a leg for Litigation Insurance. America is amazing. People who
contributed nothing have found a way to make money from asomething you can get
for free. Latest news wires talk about FUD starting to be spread by people
who where intimately familiar for years with linux, now having vested interests
in insuring it against stuff they swore would never happen, but now are
predicting will happen. Call my cynical, but the more and more Groklaw
disses Sun and Microsoft, the more and more I wonder .. where do their financial
interests lie. It's becoming obvious what they are about. Making money just
like Sun and Microsoft want to.
PJ should turn Groklaw over to somebody with
less financial interest in the upcoming "linux insurance industry". [ Reply to This | # ]
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Authored by: Anonymous on Monday, August 02 2004 @ 11:52 PM EDT |
Ok, I have seen some great beginnings of the obvious parody, with McBride as the
6 fingered man, Humperdinck or Vincinni.
How about this: (I apologise for not remembering names or just putting down
descriptions because I'm too tired to get the spelling right..)
Humperdinck - McBride
6 fingered man - SCO lawyer
vincinni - Mr. Brown (lovely research paper guy, hired gun who 'used'
linus and andrew to try to kill the bride)
indigo - Andrew Tennenbalm
fessig - Linus, the [mental] giant with a heart of gold
Miricle Max & wife - The linux comunity! (who else bickers that much, does
that much, and you have to admit the reaction to the name 'McBride' fits in
rather well)
linux kernelcup - (um... ok maybe I've gone too far)
Wesley - Pamela.
I know I am leaving out IBM and Novell and RedHat (who could be Wesley, indigo
and fessig respectively) but I like the above choices better.
So, lets see if we can split up the movie into scenes and have people tackle
each. I was going to start this, but its late and im tired (sorry). Ill pick it
up in the morning.
[ Reply to This | # ]
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Authored by: ujay on Tuesday, August 03 2004 @ 12:18 AM EDT |
There once was a time a remark like this would have been called 'chutzpah', but
in this context it is merely 'meshuggah'. I am now convinced that Darl is quite
psychotic, and probably sociopathic as well.
Does anyone know what the attendance stats are for other years, this years seems
to be a ~60% decline in attendance, which would probably also be closely aligned
with the amount of userbase they are losing. Would the gate fees even pay for
the MGM Grand?
---
Windows - How do you want to be exploited today.[ Reply to This | # ]
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Authored by: jtsteward on Tuesday, August 03 2004 @ 12:30 AM EDT |
http://www.linuxinsider.com/story/35496.html
In addition to the numerous comments about the IBM case, the company also
highlighted new products and services, including the availability of SCOoffice
Server 4.1 and an initiative that offers developers pay-per-project
opportunities to work with the SCO product line.
Guess what three open source packages this SCO product is based on.
Just like all the other REAL improvments to OpenSore and UnixWorthless it is
open source created by someone else.
---
-------------------------------------------------
Darl needs more bullets, he keeps hitting his foot but he won't go down[ Reply to This | # ]
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Authored by: mobrien_12 on Tuesday, August 03 2004 @ 12:30 AM EDT |
Let's put this latest bit of drama together with
previous patterns.
"McBride took the stage after a montage of
"Rocky" clips that showed the bloodied fighter winning a boxing match while in a
state of near-collapse....To hammer the point home, he showed a scene from the
film in which Wesley is being tortured to death, and emitting a wail of
'ultimate suffering.' Linux Insider
"The movie theme continued
as McBride began his keynote, when he compared the SCO litigation to 'The
Princess Bride.' He said he identified most strongly with the film's
protagonist, Wesley, who was filled with righteous anger as a result of being
wronged."
"I think that what we got drawn into was that IBM has a lot
of agents that are out there day in and day out that attack us."
-Darl
"And we felt like, from a defense standpoint to protect our
shareholders that are on the call today, we were like the only guys in town to
fight
back." -Darl
I've said it before: Darl's speech is laced with
violent expressions.
"Sock in the mouth." "Only guys in town to fight
back."
"Pounding my fist on the table." "Stepping up with the
key
generals."
Darl sues his ex-partners and customers...he claims to
need a concealed firearm to protect himself from Linux zealots, claims of hiring
a sharpshooter at Harvard to protect him from assasins...
This guy's
speech, presentations and, (if these movie clips are truly how he thinks of
himself)self image all revolve around violence. And he identifies with Wesley,
who has "righteous anger." "Righteous anger" has been responsible for some of
the worlds worst atrocities.
What do these patterns of behavior say
to you?
[ Reply to This | # ]
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Authored by: NastyGuns on Tuesday, August 03 2004 @ 12:38 AM EDT |
Ok question from the peanut gallery so to speak. I've read the articles PJ,
Dr Stupid, and others have done here about the various files (e.g. the ABIs,
RCU, Numa, etc). I'm also convinced from these articles and the comments
therein, along with the contract wording that IBM has not infringed or broken
it's contract.
However, I still have a question for the lawyer types out
there. While all those files that the community has been able to identify from
the various filings have been discredited, from a judges point of view, would
they still constitute an "actual controversy" in that it would cause the PSJ to
fail on those grounds alone, at least until such time that the "facts" can be
presented to a jury. Or if IBM was to file the various "facts" within one of
their motions, would that suffice enough to allow the judge to make a proper
ruling?
Yes, I know that there have been lots of discussions about the
various filings, and I've probably missed something along the way. But I do not
recall seeing anything addressing this specifically.
--- NastyGuns,
"If I'm not here, I've gone out to find myself. If I return before I get back,
please keep me here." Unknown. [ Reply to This | # ]
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Authored by: Anonymous on Tuesday, August 03 2004 @ 12:40 AM EDT |
PJ referenced one of my posts in a recent article, with a link their Trademark
usage guide section 4.1 (a PDF)
Additional to this PDF, I have discovered another PDF which appears to be the
license agreement (and refers to the trademark usage guide)
The document can be found at
http://www.opengroup.org/openbrand/docs/faq.html#general3
"The Open Brand Trademark License Agreement"
Sections *especially* worth reviewing 5.3, 5.4, 5.5, 7.1, 9.1.1, 9.5
Also worth reviewing 6.2, 6.3, 6.4
Quatermass
IANAL IMHO etc[ Reply to This | # ]
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Authored by: Anonymous on Tuesday, August 03 2004 @ 01:34 AM EDT |
Inigo Montoya is the character in TPB that's filled with righteous anger
after having been wronged. Wesley, in his last, most important fight,
was bluffing.
Darl would seem to be playing the cowardly, opportunistic Prince, who
has a nefarious plan to use Buttercup's demise to start a war and gain
power and wealth for himself.[ Reply to This | # ]
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Authored by: Anonymous on Tuesday, August 03 2004 @ 02:38 AM EDT |
Obviously this is his last resort.
Making the analogy with fiction and all.
Try to imagine how this whole thing should be explained in
"real world" words and examples. Can't be done.
Next week he'll probably appear as BATMAN, to fight the
evil Mr Pinguin.
( what a sad sad man he is. )
retep vosnul [ Reply to This | # ]
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Authored by: figures on Tuesday, August 03 2004 @ 03:43 AM EDT |
If they're showing movie clips to a number of delegates (rather than all
gathering round Darl's house for DVD and Popcorn), I believe they have to ensure
they have permission from the appropriate studio, otherwise they would be
infinging on the studio's intellectual property. As delegates paid to attend, I
think it would be classified as a public performance.
Anyways, I'm sure SCO did get all the proper permissions, it's not like them to
overlook things</sarcasm>[ Reply to This | # ]
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Authored by: Anonymous on Tuesday, August 03 2004 @ 04:33 AM EDT |
Amazing how some so called journalists simply can't be bothered to check basic
facts. I loved this from the article;
"This year, SCO is celebrating its 25th anniversary; it was founded in 1979
as the Santa Cruz Operation in Santa Cruz, Calif. This is the company's 17th
annual conference."
Next Darl will be talking about how things were back in the good old days, and
how despite all those years in with the company its just been so much fun that
he can't give it up.
[ Reply to This | # ]
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Authored by: inode_buddha on Tuesday, August 03 2004 @ 05:27 AM EDT |
" 'Wait until the SCO battles are over and let's see if it's free [anymore]
or not.'" --- "When we speak of free software, we are referring to
freedom, not price." -- Richard M. Stallman [ Reply to This | # ]
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Authored by: dodger on Tuesday, August 03 2004 @ 06:03 AM EDT |
We have a much bigger fight on our hands than just McBride - he is just a small
skirmish. The real fight we have is corporate america, the american legal
system, patents and copyrights.
So long as we are profit motivated, we will destroy our planet and our natural
resources.
So long as laws can be used to do WHAT IS WRONG, such as requiring coal
scrubbers for clean buring, hard coal to put an unnecessary cost burden on that
industry so that the dirty soft coal industry can compete; we will dig the hole
deeper that we are trying to climb out of. (In germany a group passed a law that
Titanium/zinc sheet metal might be polluting (but isn't), with the results that
that group won a monopoly business in Bayern with their more expensive stainless
steel business and forced the bankrupcy of the other company, whose sole product
was Titanium/zinc).
Both the coal and the metal sheet businesses are examples of using an
'environmental' argument to win a case.
From my perspective, it was Linux that offered a way out of the industry lock in
to Microsoft that was the benefit of Linux. And Microsoft is building its armies
- its patents and copyrights to fight our beloved Linux. WE MUST REMEMBER: they
don't need to win. They just need to stall and create problems for us.
And while our society gives lip service to 'competition is good and healthy' it
has systematically voted for Microsoft and against competition. When can we
return to the simple notion that business should be in the business of producing
products that compete 'on their own merits' and not on the basis of who has the
bigger litigation war chest.
SCO is doing what has become commonplace in American Society: They are trying to
use the laws of the land to their benefit.
Groklaw is the positive in all of this. Perhaps without SCO we wouldn't have had
Groklaw. Groklaw is providing a modern public forum to open up complicated
issues.
So don't get hung up on McBride. We have a continual fight on our hands. This
fight goes beyond and deeper than McBride. He may be a snake, but he is not the
devil.[ Reply to This | # ]
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Authored by: k9 on Tuesday, August 03 2004 @ 06:32 AM EDT |
There's an FT article (currently sub not req'd) on this.
Highlights :
-
IBM is donating Cloudscape, a database built using the
Java programming language, to the Apache Software Foundation, a non-profit
organisation behind the Apache web server and other open source
software.
-
IBM acquired Cloudscape in 2001 as part of its $1bn
acquisition of the database business of Informix, a Massachussetts-based
software group. Informix paid $85m for Cloudscape in 1999.
-
IBM
will continue to offer its own version of Cloudscape. It believes that some
customers will use it in preference to the open source version in order to take
advantage of the company's technical support.
[ Reply to This | # ]
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Authored by: Anonymous on Tuesday, August 03 2004 @ 06:47 AM EDT |
Don't you need to pay a license to the movie studio in order to play [part of]
one of their films in front of a large group of people?
Has anyone checked whether SCO paid that license? Even if they used sufficiently
few clips to qualify for fair use, I'd love to hear them publicly defend
themselves using that excuse. Afterall, IP licensing is the key to our economy,
so obviously they'd gladly pay for the rights to play the film rather than
ripping off someone else's work![ Reply to This | # ]
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Authored by: tintak on Tuesday, August 03 2004 @ 07:26 AM EDT |
SCOG has Darl. IBM have the US Army & Navy.
link
--
- Darl's folly.
"Somebody said it couldn't be done, and he knew it. So he tackled this thing
that couldn't be done,... and he found that he couldn't do it!" [ Reply to This | # ]
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Authored by: perlguy on Tuesday, August 03 2004 @ 07:40 AM EDT |
I think it would have been more appropriate if Darl had been the "Black
Knight" from "The Holy Grail".
While IBM chopped off his arms and legs, Darl is still yelling at them.
Darl: "C'mon you sissies! SCO owns Linux, we have proof!"
IBM: "What are you going to do, bleed on me?! SHOW me proof so that we can
get the process moving."
IBM: chops off Darls head.
YAY!
The End.
[ Reply to This | # ]
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Authored by: belzecue on Tuesday, August 03 2004 @ 08:09 AM EDT |
So SCO are trumpeting their
new 'marketplace': their solution to the problem of no longer having internal
engineers to drive their products.
"While I enjoy developing
technology, my main goal in coding software is to ultimately make money," said
Larry Rosenman, LERCTR Consulting. "This new SCO Marketplace Initiative opens up
another avenue to strengthen my relationship with SCO. It also creates a real
opportunity to both add value to the products I support, use and resell -- and
make some extra income in the process."
Larry Rosenman of LERCTR Consulting (his
trading name) confuses me.
Here is a smart guy who contributes to
FreeBSD, PosteGRE, and PHP on the one hand... and on the other, helps boost
SCO's stock and profile by providing sound bites for their press releases. Is he
shrewdly playing them for their employment prospectivity, or
is he simply a Unix veteran who refuses to play partisan politics?
SCO has
close ties with Larry. So much so that he is person
ally contacted with security advisories:
Security Update:
[CSSA-2003-SCO.4.1] UnixWare 7.1.1 Open UNIX 8.0.0 UnixWare 7.1.3 : REVISED: Lax
permissions on /dev/X
To: ler@lerctr.org,
bugtraq@securityfocus.com,announce@lists.caldera.com
That'
s not surprising, given the Larry is an official SCO beta tester.
You might
recall that we've
met Larry before. He was one of the first to publicize SCO's alleged
DDOS:
From: ler@lerctr.org (Larry Rosenman)
Newsgroups:
comp.unix.sco.misc
Subject: Re: sco.com and caldera.com are down
Date:
Sun, 24 Aug 2003 05:05:17 +0000 (UTC)
Message-ID:
In article ;
,
Jeff Liebermann wrote:
>On Sat, 23 Aug 2003 20:43:58 -0500,
Nucleon wrote:
>
>>Since yesterday or before, I can no longer
access either sco.com or
>>caldera.com. Across the net, many others
are experiencing this, but
>>nobody seems to know why. Does anyone
know what's going on?
>
>Sorry, I have not inside information.
However doing a bit of testing,
>I find that the www.sco.com server and
one of the nameservers are
>down. However, some of the boxes are up.
stage.caldera.com is up.
>(I'm too lazy to scan the IP block and see if
there are any other
>servers that are up).
>
>Both
www.sco.com and www.caldera.com are on some kind of load
>balancing
contraption which might be the culprit. Dunno.
I just talked to the
VIAWEST NOCC, and the SCO and CALDERA web/FTP sites
are blackholed because
some lovely miscreants are DDOS'ing them.
When the attack stops,
they'll lift the block
at InterNAP.
LER
--
Larry
Rosenman http://www.lerctr.org/~ler
Now there's
nothing wrong with Larry supporting his beloved SCO Unix, but this PR shows he
is more than happy to play Mini-Me to Darl's Dr Evil. Here's to you, Larry.
And here's to you 'ultimately making money' and 'strengthening your
relationship' with SCO.
[ Reply to This | # ]
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Authored by: Anonymous on Tuesday, August 03 2004 @ 09:10 AM EDT |
'the truth will prevail.'. . .
When we finally bury what's left of SCO, I can think of no better inscription
for SCO's headstone than these immortal words. Except I might vote to change
will to has.[ Reply to This | # ]
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Authored by: Anonymous on Tuesday, August 03 2004 @ 09:14 AM EDT |
How long will the Mormon church put up with this liar being in charge of
anything. If I was in Darls church, I would demand the church return his ill
gotten gains that have been tithed to the church.[ Reply to This | # ]
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Authored by: Anonymous on Tuesday, August 03 2004 @ 09:18 AM EDT |
http://finance.messages.yahoo.com/bbs?.mm=FN&action=m&board=1600684464&a
mp;tid=cald&sid=1600684464&mid=162250&thr=162250&cur=162250&
dir=d
Do a thread view, and look at (1), (2), (3).[ Reply to This | # ]
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Authored by: Anonymous on Tuesday, August 03 2004 @ 09:43 AM EDT |
```P.S. Rocky lost.''
Darl doesn't
remember that part. Only that Rocky could take a punch just like Darl fancies he
can.
[ Reply to This | # ]
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Authored by: Anonymous on Tuesday, August 03 2004 @ 09:44 AM EDT |
Lets see if the brothers McBride stay free when the truth comes out... [ Reply to This | # ]
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Authored by: aaron_tx on Tuesday, August 03 2004 @ 09:50 AM EDT |
Never fight a land war in Asia
Never get into a battle of wits with a Sicilian when death is involved
Never start a Copyright/Patent/IP war with IBM...[ Reply to This | # ]
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Authored by: TiddlyPom on Tuesday, August 03 2004 @ 09:51 AM EDT |
A little piece here in
The Register.
I wouldn't be
surprised if HP stepped in in the case where BayStar tried to pull the plug on
SCO (USL?)'s finances. $500 million is a lot of business by anybody's
reckoning...
--- "There is no spoon?"
"Then you will see that it is not the spoon that bends, it is only yourself." [ Reply to This | # ]
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Authored by: Anonymous on Tuesday, August 03 2004 @ 09:56 AM EDT |
Just wait until IBM makes a serious effort to pierce the corporate veil and
Darl's backers desert him en masse, leaving him all alone to face the
onslaught of IBM's lawyers. When it's all over, Darl will be able to see Jimmy
Hoffa. [ Reply to This | # ]
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Authored by: the_flatlander on Tuesday, August 03 2004 @ 10:07 AM EDT |
To test this theory, I came up with a few positive statements about the SCO
Group. We'll see if PJ deletes the message.
+++++++++++++
I think the SCO Group is *extremely* unlikely to suffer any setbacks in court
until at least the middle of September.
I think they won't be bankrupt for six months or even a year.
I think the stock price will continue to float around $4.00 to $5.00 until the
Q2 report comes out.
+++++++++++++
See? Nothing negative at all....
Now, we'll see if this post gets deleted.
The Flatlander
[ Reply to This | # ]
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Authored by: Anonymous on Tuesday, August 03 2004 @ 10:07 AM EDT |
This site shows how much money they have spent vs. money returned on this
action. Even by a basic unbiased business approach they have FAILED not
overachived.
SCO scorecard
Look maybe they know something we don't know about the case, but even
if they win they lose. The money shown as spent at the site above I think is
very conservative since it doesn't cover costs such as McBride speeches,
etc.
There is no way they can recoup their investiment in litigation.
EVER.
[ Reply to This | # ]
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Authored by: Anonymous on Tuesday, August 03 2004 @ 12:54 PM EDT |
http://www.computerworld.com/printthis/2004/0,4814,94987,00.html
From the computerworld quote when talking about agressivly defending SCO's
intellectual property:
"We've obviously overachieved on that objective,"
If he means filing lawsuits, yes they bit off a big bite. By filing effective
lawsuits, I'm not so sure They have one dismissed except for the timing of the
response, one stayed pending the outcome of two other suits, one dismissed
without prejudice, allowing a pleading of special damages, and one which is not
an obvious win.
If he means he has filed lawsuits concerning copyright infringement by Linux
users FOR THE CODE IN LINUX WHICH INFRINGES ON UNIX. There are no such suits.
Autozone's case is that SCO alleges the librarys were copied by Autozone into
Linux. This is not Unix code in the general distribution of Linux. They are
fighting IBM's tenth counterclaim tooth and nail, which is precisely the issue
of Unix Code in Linux, claiming this is not what their suit against IBM is.
If they were serious about defending SCO's Intellectual property they would have
documented evidence that the copyrights were transfered to them, verse and
chapter. No such thing.
Again quoted from the Computerworld article,
"When people say SCO [is] just a litigation company, it really bugs
me,"
When you send out three thousand letters demanding your customers certify they
are not using Linux, because you feel that doing so is infringing your
intellectual propert, and threatening lawsuits if they don't respond, how do you
expect to be viewed. When your major financier insists you drop the Unix
business and focus on the lawsuits, what do you expect to be viewed. When you
tell the world you want everyone using a system independently developed that
they have to pay you hundreds of dollars per processor, without showing a shred
of signifigant evidence you have a real case, and expect people to buy in for
fear of a lawsuit, how do you expect to be viewed.
If it bugs you to be viewed as a litigation company, then stop the useless
litigation, and focus on your software business. Otherwise, you have no one to
blame other than yourself.[ Reply to This | # ]
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Authored by: Tsu Dho Nimh on Tuesday, August 03 2004 @ 02:46 PM EDT |
“Through the SCO Marketplace Initiative, external developers will be given
the opportunity to bid on development work related to SCO's award-winning UNIX
products. Each of the development projects offered will focus on delivering
complimentary technologies to specific SCO products. Those participants
that win a project bid will be compensated by SCO, based on agreed upon pricing
and deadlines. “
Possible Freudian Slip? Complimentary does not mean things
that enhance, they are things that are flattering or free!
1. Given free to
repay a favor or as an act of courtesy: complimentary copies of the new book.
[ Reply to This | # ]
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Authored by: Anonymous on Tuesday, August 03 2004 @ 02:55 PM EDT |
PJ, I do believe you're enjoying this...... [ Reply to This | # ]
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Authored by: blang on Tuesday, August 03 2004 @ 03:37 PM EDT |
Last year, there was a report that attendance was "less than 1,000".
This year, McBride spoke to 350.
Wildly unpoplular, and Darl aint exactly a talented guy like Jerry Garcia. I
still wonder though, if SCO will evolve into a roadshow followed by some 50
fateful faithfuls, years from now carrying instead of teddybears, voodo
penguins. Driving beat-up 2003 lexuses in 2013, instead of hippie VW buses.
[ Reply to This | # ]
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Authored by: Anonymous on Tuesday, August 03 2004 @ 03:55 PM EDT |
I haven't finished reading all the comments yet, so I hope I'm the first to coin
the name Princess McBride. In fact, I'm heading directly for the PTO to
trademark that one :-)[ Reply to This | # ]
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Authored by: Anonymous on Tuesday, August 03 2004 @ 04:03 PM EDT |
Bid on SCOsource projects on SCObay and receive your payment via SCOpal. [ Reply to This | # ]
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Authored by: mobrien_12 on Tuesday, August 03 2004 @ 04:55 PM EDT |
In that project, the companies had agreed to develop a Unix
product for Intel (Nasdaq: INTC) Latest News about Intel. The reason IBM pulled
the plug, according to McBride, is that "they already had the source code we
gave them."
The unveiling of the source code in question has been the
subject of much controversy since SCO began its legal proceedings. IBM has
claimed that SCO has not adequately shared the "stolen" code, while SCO
maintains that IBM is the sluggish one in the discovery process.
At the
conference, McBride made the assertion again that it is IBM that is not
following proper discovery procedures, and that despite Big Blue's reluctance to
release everything, SCO has identified 21,000 lines of SCO code from the few
versions of AIX and Dynix that have been shared.
SCO maintains that it was
not the one to begin the fight, because IBM threw the first punch by taking the
code. "We didn't start this, but we're going to finish it," McBride
said.
So Darl is again saying IBM stole code. While he says
one day that it's a contract dispute, the next day he says IBM stole code.
[ Reply to This | # ]
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Authored by: jre on Tuesday, August 03 2004 @ 06:37 PM EDT |
Please excuse me if I am re-plowing old ground here.
I've scanned the top
level of comments, looking for a link to
TitaniumFox's
classic, hilarious parody of the poisoning scene, without finding
it.
Perhaps someone has linked to it in the replies.
It's
brief, but I will refrain from copying it verbatim out of respect for the
author's (unknown) wishes.[ Reply to This | # ]
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Authored by: jre on Tuesday, August 03 2004 @ 06:49 PM EDT |
Yet another SCO public statement has departed the envelope where parody is
possible.
From
Jeff Hunsaker's
interview we have:
"It's been hard to move the company in the
direction of innovation. But months ago, we realized that our
entire focus couldn't be what was happening in the
courtroom."
(Emphasis added.)[ Reply to This | # ]
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Authored by: Anonymous on Tuesday, August 03 2004 @ 06:50 PM EDT |
I just posted the following question at the MiracleGro website
http://www.miraclegro.com/index.cfm?poeSiteId=10928&partnerId=100003&fus
eaction=contactUs.
"I wondered if you had seen, or were otherwise aware of this photograph:
http://www.heise.de/bilder/49705/1/1
It's a bag of your MiracleGro product, altered to read "MiracleSCO" on
display at a computer conference "SCO Forum 2004" right now in Las
Vegas, Nevada.
SCO is a computer software company in Lindon, Utah:
The SCO Group
355 South 520 West
Suite 100
Lindon, Utah 84042 USA
801-765-4999 phone
The reason I ask is that this company has initiated a series of lawsuits
intending to protect their Intellectual Property, copyrights, and trademarks,
and I was curious if they were willing to respect *your* trademarks and
copyrights."
:-)
Mr_Horse
---
Hmm.. No sir, I don't like it. I don't like it one bit.[ Reply to This | # ]
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Authored by: Anonymous on Tuesday, August 03 2004 @ 08:00 PM EDT |
More like:
Wait until the SCO battles are over and let's see if
Darl's free or not!
Martha Stewart was convicted and sentanced. Wait until
they get ahold of Darl & Co. [ Reply to This | # ]
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Authored by: hanzie on Tuesday, August 03 2004 @ 08:18 PM EDT |
Didn't Wesley spend a few years as the dread pirate Roberts? Doesn't the job
description imply mass murder with no chance of survival? That's what it meant
when he took over the job, and he kept it a few years.
The name didn't change to "the nice to get along with" pirate
Roberts.
Hanzie.[ Reply to This | # ]
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Authored by: blacklight on Tuesday, August 03 2004 @ 08:40 PM EDT |
"Wait until the SCO battles are over and let's see if it [Linux]'s free
[anymore] or not." Darl McBride
I sleep soundly, as I always do, to the threats of Darl the Snarl aka our
favorite blowhard.[ Reply to This | # ]
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Authored by: Anonymous on Tuesday, August 03 2004 @ 11:14 PM EDT |
If Darl identifies with Westley's "righteous anger", he hasn't seen the
movie. Westley is tightly controlled throughout the movie; only the Machine
makes him lose it. A man consumed with anger would have stabbed the Sicilian as
soon as he removed his blade from Buttercup's throat, rather than going through
with the battle of wits.
(OT: you know the Star Wars drinking game
where you drink every time somebody says something that's funny if you replace
one of the words with "pants", as in "I find your lack of pants disturbing"? Try
that for Princess Bride sometime. "Or maybe I do have the strength [to stand]
after all. Drop. Your. Pants.")
[ Reply to This | # ]
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Authored by: AndyC on Wednesday, August 04 2004 @ 05:12 AM EDT |
Interesting... [ Reply to This | # ]
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Authored by: Anonymous on Wednesday, August 04 2004 @ 06:25 AM EDT |
I followed the link posted here on Groklaw and read the InforWorld article with
McB. One of his answers to the interviewer struck me as interesting. Here is an
excerpt:-
IDGNS: Would it make sense to split the company in two,
with one part focusing on the core Unix business and the other focusing on
SCOsource?
McBride: Essentially we have done that internally. We
pretty much have those divisions in place right now. The argument that you're
bringing up, I have been asked about a fair number of times from the financial
community: Does it make sense to have an actual organizational split? We haven't
got to that point in our thinking yet, but we continue to look at all of our
options as we continue down the road.
I wouldn't rule it out in the
future. I certainly understand the positive arguments for it. We haven't gotten
to the point yet, where we think that is the play we should be taking on, but it
could evolve to that point, and I could see a number of reasons why that would
be a good play.
Now, IANAL, but IMHO, could McBride be hinting here
that he's finally figured out that the light at the end of his tunnel is an
oncoming IBM locomotive? Could a GrokLaw regular with some legal experience give
us their opinion on what would happen if, faced with a massive counter-suit, SCO
decided to fragment their company into several smaller ones? In short, suppose
Darl splits his company into 2, then massively loses the court cases. The
'litigation' side of the business could then be wiped out by the
court-awarded damages given to IBM, but the remainder of the company [perhaps
still holding whatever fictional claims to title that they think they have?]
would survive to fight another day?
I'm not a US national and don't
fully understand the US legal system, so I guess my question here is, 'Exactly
how much mischief can this guy cause?' Anyone care to answer?
[ Reply to This | # ]
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Authored by: blacklight on Wednesday, August 04 2004 @ 07:05 AM EDT |
"We look into the future and fully expect that we're going to have some
sort of a win against IBM in the courtroom." Darl McBride
Translation: Darl the Snarl fully expects an outcome in the IBM litigation,
where he can spin some aspect of that outcome into a victory. Assessment: his
statement doesn't look like he is expecting a hands-down, outright victory.[ Reply to This | # ]
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Authored by: Anonymous on Wednesday, August 04 2004 @ 08:09 AM EDT |
<i>when he compared the SCO litigation to 'The Princess Bride.' He said he
identified most strongly with the film's protagonist, Wesley, who was filled
with righteous anger as a result of being wronged</i>
I'd have thought he'd identify to Vizzini, the character who takes the hero on
in the poisoned chalice swapping game only to be killed by his own stupidity [ Reply to This | # ]
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Authored by: Anonymous on Wednesday, August 04 2004 @ 09:33 AM EDT |
210 - Certificate of service by Intl Bus Mach Inc re: Dft's Fifth Set of
Interrogatories (tsh) [Entry date 08/02/04]
If you go back and read the transcript of the last hearing, I'm *guessing* that
this *may* signal the completion of IBM's production (with the possible
exception of the additional stuff SCO wants them to produce)
Quatermass
IANAL IMHO etc.[ Reply to This | # ]
|
- OT: On the docket - Authored by: Anonymous on Wednesday, August 04 2004 @ 08:24 PM EDT
|
Authored by: frk3 on Wednesday, August 04 2004 @ 10:29 AM EDT |
From story on technewsworld.com, Darl speaking, "The elephant on the table is
the intellectual property issue," he said. "But when people say we're only about
litigation, it really bugs me. We have strong engineering talent, and 95 percent
of our company is focused on building strong products, not on intellectual
property litigation."
I think Darl has his percentages crossed up, TSG is
95% litigation and 5% of at least holding up the appearance of being a software
development, sales and service company. Maybe....
After the complete and
utter crap he himself has spewed, with well documented lies, stretchings of
truth, contradictions, etc., and TSG slamming the lawsuit gauntlet down (a
number of times), Darl is really bugged that (at lease some) people thing
TSG is only about litigation.
Darl is either completely blind to what we all
call reality, or he is a very malicious and coniving liar and cheat. I vote for
the later. [ Reply to This | # ]
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