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| Maureen O'Gara Records SCO's Latest Spin and Performs a Public Service |
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Monday, August 30 2004 @ 10:27 AM EDT
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There are definite hazards to dutifully reporting every word from Lindon. One is that the whole world already knows that much of what you are reporting has already proven to be untrue. I believe Maureen O'Gara has fallen into that pit today, by reporting that SCO has "found" in discovery that IBM went beyond their license by using SVR4 instead of SVR3 in Project Montery and putting AIX 5L "on IBM's PowerPC servers", instead of just Intel:
"Stirring up a pot that boiled over long back, SCO has been telling the press that IBM doesn't have proper Unix licenses for AIX, that it discovered internal IBM e-mail buried in discovery that acknowledges that contention and so it might bring new charges against IBM. Whether that means filing a separate case or amending its current claims appears to be a matter of internal debate.
"According to SCO, as a result of the joint SCO-IBM Monterey Project that was supposed to produce the definitive operating system for the Itanium, SCO gave IBM the right to use SVR4 but only on Intel machines. However, after Monterey hit the wall running, IBM took the SVR4, produced AIX 5L and put it on its proprietary PowerPC-based servers, positioned to compete with Sun and now a $4.5 billion business." Funny. Nobody else today seems to be writing about this, yet she says SCO is telling this yarn "to the press". It could be because not only did that pot boil over long ago, the fire went out too. And while in SCO's glory days, everyone in the media (except Lee Gomes, Frank Hayes and Steven J. Vaughan-Nichols) dutifully wrote down every SCO word and reported it as fact, they've been noticing that time proved those stories they wrote wrong, and that can be embarrassing.
Here's a Groklaw article, blowing SCO's new story out of the water: "SCO knew perfectly well back in 2001, after Project Monterey died, that IBM had System V Release 4 code in AIX 5L, knew it worked on Power, and they had no objection. In fact, it appears they donated it to AIX 5L." Just check the article for all the many links to proof. Oh, wait. There was one other reporter who told us about this new fantasy of SCO's a while back, none other than Dan Lyons of Forbes. Well, well, the gang's all here. Odd how the same few show up, time after time, telling SCO's story just the way they like it. The day Forbes ran that story, the stock went up, if I recall correctly. Let's wait and see if O'Gara repeating the story has the same effect. By the way, you might enjoy this quote from a Canberra newspaper, The Canberra Times, an Aussie friend sent me, on Forbes and its reputation: "That mysterious publication Forbes Magazine has, for the first time, published a list of the 100 most powerful women in the world, and very fascinating reading it makes too. Not for its insights into the world of powerful women, because in many respects it is a ludicrous and rather embarrassing compilation, but as a demonstration of a particular way of looking at the world.
"I called the magazine a mysterious publication, because, for the life of me, I can't really see what the magazine is doing, or what it provides for its readers. It's a strange kind of anthology of pieces about the very rich, corporate existence, and fairly unreadable think pieces, but something about it suggests to me that it isn't really read by opinion-formers or genuinely powerful people. It looks much more like corporate pornography, giving middle-management dreamers fodder for their fantasies, and this sort of exercise, basically meaningless, hardly seems useful or instructive.
"On the other hand, it certainly tells you what they are thinking out there, and it is, in its own way, weirdly intriguing." That's the other down side of reporting whatever they tell you in Lindon. You might not be taken seriously by your readers. Ms. O'Gara reports one detail that I haven't seen elsewhere: "As near as anyone could figure out BayStar had a burr under its saddle because SCO said it was going to make more money off its abhorred SCOsource Linux licensing scheme than thought - an odd position for a VC, perhaps, but SCO says BayStar is a short player on the market so therein may lie the clue." So, we are to believe that in all the time since BayStar objected to SCO's position, SCO has only the vaguest idea of what BayStar was upset about? That strains credulity, particularly when I put a paralegal hat on. And they were upset that SCO makes too *much* money on SCOSource? My hokum meter is buzzing. First of all, it implies that BayStar expected SCO's licensing program to fail, and that it was a condition of their support that it do so. That raises some questions about ... um... honesty, shall we say, or their sincerity, at least, in telling the public one thing while privately having a short laugh, so to speak. Is McBride trying to get BayStar investigated by the SEC twice or something? And it also seems hard to believe that $11,000 last quarter wasn't a dismal enough failure to please any such VC dreams, even if that had been the plan. So, personally, I'll take this latest tale as SCO's spin on the story, what it wants us to think and know. From that standpoint, Ms. O'Gara is performing a public service. But that's only two of the group. No word from the lovely and tireless Laura Didio? Why, here she is, right on cue, to let the enterprise know that despite figures that show Linux use is taking off with significant momentum, only a minority are looking to leave Microsoft and advising them to think twice before leaping on the Linux bandwagon:
"The Yankee Group report, Linux, UNIX and Windows TCO Comparison, Part 2, advises corporations to delay a Linux migration--or any software migration--until they can satisfactorily answer how a software operating system migration, upgrade or wholesale switch to another platform can deliver tangible technology benefits, better return on investment (ROI) and improve the total cost of ownership (TCO). . . . Only a small minority (4 percent) of UNIX users and about 10 percent of Windows users have any desire to switch platforms.
"'Our conversations with end users cemented the Yankee Group's belief that no operating system is right for everyone,' says Laura DiDio, Application Infrastructure & Software Platforms senior analyst. 'Each company must look within. Make a realistic assessment of their existing software operating system infrastructure. Decide whether the current infrastructure meets your company's current and planned business needs and goals. Balance your business requirements against your current and future budget and then chart your technology course.'
"The Yankee Group's extensive TCO and ROI research showed that Linux has significant momentum and the support of impassioned developers and industry giants such as IBM, HP and Oracle. Additionally, the list of Linux distributors and third-party ISVs joining established vendors, such as Red Hat, Novell (SuSE), Debian and others, is growing monthly." Ms. DiDio appears to be a true believer. Slowing down a juggernaut is hard work, no doubt, especially when we all know how much corporate executives like to be the last to adopt a better mousetrap. Unisys doesn't share the Yankee Groups' belief system. It has just announced it will enter the Linux market, due to corporate demand for a high-end Linux solution:
"Unisy, which was not too enthusiastic about its Linux offering last year, is now positioning itself to be an enterprise Linux market leader with the launch of Linux for its ES7000 Intel-based servers.
"The ES7000 enterprise server range, also dedicated to Windows , had previously supported SCO Linux until it was withdrawn early last year. Unisys is now reentering the Linux market working with Novell and Red Hat.
The move back to Linux, says Ron Tan, regional director, systems and technology, Unisys Asia South, was driven by several factors, especially demand by enterprise customers for industrial-strength Linux solutions.
"According to him, there is a growing interest in open source for high-end machines but there is a lack of alternative solutions. Currently, the high-end market is dominated by certain companies focusing on proprietary Unix implementations.
Unisys, he says, intends to fill the void."
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| Authored by: Anonymous on Monday, August 30 2004 @ 12:10 PM EDT |
| . [ Reply to This | # ]
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- Hi PJ - Authored by: PJ on Monday, August 30 2004 @ 12:17 PM EDT
- Hi PJ - Authored by: Anonymous on Tuesday, August 31 2004 @ 01:06 PM EDT
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| Authored by: Peter H. Salus on Monday, August 30 2004 @ 12:17 PM EDT |
I think Joe Barr should be added in to the
short list of clueful correspondents. But
it's still a very short list.
---
Peter H. Salus[ Reply to This | # ]
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| Authored by: eggplant37 on Monday, August 30 2004 @ 12:17 PM EDT |
| Funny that Forbes less than accurate reporting should come up this morning, in
light of
this article, touting Darl McBride as one of the people to watch this week
as SCOX make their second quarter '04 results public during a webcast tomorrow,
Aug 31, at 1700 Eastern Time (-0400 UTC). However, this article seems a bit
more closer to reality, as they state he will likely report a $0.24/share
loss for the quarter and will tout their revived UNIX business over their legal
fiasco, which is losing face big time. I personally am looking forward to
listen in on that webcast, there should be hilarity abound. [ Reply to This | # ]
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| Authored by: Anonymous on Monday, August 30 2004 @ 12:19 PM EDT |
10% of Windows users must come to quite a large number,
even if they are only talking about enterprise users;^) [ Reply to This | # ]
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| Authored by: rand on Monday, August 30 2004 @ 12:22 PM EDT |
I don't know how long the article has been up (br3n noticed it a while back, as
I recall) but there's no comments in te feedback section (well, there's ONE,
now...). I guess she's not worth the effort anymore.
---
Eat a toad for breakfast -- it makes the rest of the day seem so much easier
(Chinese (I'm told) proverb) (IANAL and so forth and so on)[ Reply to This | # ]
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| Authored by: AG on Monday, August 30 2004 @ 12:26 PM EDT |
| SCO raised claims 18 month ago, and then dropped them as soon their
fishing
expedition didn't bring up any evidence to support them (trade
secrets). Now it
looks like they want to shift focus from Linux to AIX based on
their SVR4/SVR3
theory. If they drop more claims, will IBM be compensated
for the millions of
$$ in wasted expenses for useless discovery? SCO
seems to
be
doing no discovery at all for its own claims, so abandonding claim is
essentially free for SCO. Can they keep doing this and cost IBM money and
avoid a verdict at the same time? [ Reply to This | # ]
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| Authored by: Anonymous on Monday, August 30 2004 @ 12:28 PM EDT |
What can be inferred from the last paragraph quoted?
Is it an enabler of a future Damascene conversion? Some
Astroturfing for a new position? (We always
thought...check what we were actually saying as
early as...) [ Reply to This | # ]
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| Authored by: jbeadle on Monday, August 30 2004 @ 12:29 PM EDT |
Thanks,
-jb[ Reply to This | # ]
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- Don't wait for Longhorn, get a SUSEphone... - Authored by: tz on Monday, August 30 2004 @ 01:23 PM EDT
- O/TFree version of Open-Xchange Server now available for download across all major Linux platfor - Authored by: Brian S. on Monday, August 30 2004 @ 01:34 PM EDT
- O/T, other links here please... - Authored by: John M. Horn on Monday, August 30 2004 @ 01:48 PM EDT
- More on M$ hybrid source. - Authored by: Anonymous on Monday, August 30 2004 @ 01:49 PM EDT
- Upcoming Legal Events - Authored by: Anonymous on Monday, August 30 2004 @ 01:52 PM EDT
- I LOVE your chart. - Authored by: MikeA on Monday, August 30 2004 @ 02:35 PM EDT
- Aug 23 - Authored by: Anonymous on Tuesday, August 31 2004 @ 01:07 AM EDT
- More M$ extensions. - Authored by: Anonymous on Monday, August 30 2004 @ 02:42 PM EDT
- O/T, other links here please... - Authored by: Anonymous on Monday, August 30 2004 @ 03:06 PM EDT
- New M$ ad on NewsForge today (new to me anyway)... - Authored by: John M. Horn on Monday, August 30 2004 @ 03:53 PM EDT
- Calendar of Court hearings - taken from Notice of Hearing (tuxrocks.com) - Authored by: Anonymous on Monday, August 30 2004 @ 04:26 PM EDT
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| Authored by: jbeadle on Monday, August 30 2004 @ 12:30 PM EDT |
... for trolls and such to hide under.
-jb[ Reply to This | # ]
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| Authored by: John M. Horn on Monday, August 30 2004 @ 12:34 PM EDT |
Well, well, well, the gang's all here. Do Ms. DiDio and friends ever tire of
FUDding? *Sigh*
A fresh team of thoroughbreds have been hitched to the IBM wagon in the form of
MIT's Randall Davis' declaration.
The latest filings posted by PJ are even more intriquing than usual. SCO's
desperation to slow the legal juggernaut seeps from virtually every paragraph in
its "SCO's Opposition to IBM's Motion to Strike Chris Sontag's
Declaration" filing.
John Horn
[ Reply to This | # ]
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| Authored by: belzecue on Monday, August 30 2004 @ 12:44 PM EDT |
For a quick 'overview' of Maureen O'Gara and her... antics, simply click on
Groklaw's SEARCH link at top menu, plug in "o'gara" (omit bookend
quotes) and select "comments" as the search type. As you will see, I
and many others have journeyed into the Bermuda Triangle of Maureen's mind and
returned alive to tell the tale. And after reading some of those comments,
you'll recognise that Maureen's mind operates on classic FIFO principle: Facts
in, FUD out.[ Reply to This | # ]
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| Authored by: blacklight on Monday, August 30 2004 @ 12:44 PM EDT |
"As near as anyone could figure out BayStar had a burr under its saddle
because SCO said it was going to make more money off its abhorred SCOsource
Linux licensing scheme than thought - an odd position for a VC, perhaps, but SCO
says BayStar is a short player on the market so therein may lie the clue."
Maureen O'Gara
So Baystar throws a tantrum and takes back $13 mils out of its $20 mils
investment, because SCOG made $11000 - that is, $11000 more than
"previously thought"? If Maureen's report is factually accurate, then
BayStar can put on the Golden Dunce Cap. If Maureen got her scoop from SCOG and
it's not factually accurate, then the Golden Dunce Cap's is Maureen's. And who
the hell is the fount of wisdom behind the "previously thought"
thinking, and what thinking did they "previously thought"? What: dead
silence, not a clue? Good reporting, Maureen! [ Reply to This | # ]
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| Authored by: Anonomous on Monday, August 30 2004 @ 12:49 PM EDT |
| [IBM] doesn't deny putting derivative code into Linux.
Not to focus
on one lie to the exclusion of others, but IBM certainly denies putting
'derivative' code into Linux.
Although most publicly uttered prevarications
are distortions or miscolorations of some grain of truth, this one is just a
flat bald-faced lie.
-Anonomous.
[ Reply to This | # ]
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| Authored by: minnowshark on Monday, August 30 2004 @ 12:49 PM EDT |
One thing that someone pointed out to me was that the agreement actually read
the other way. SCO was not to port shared technology from an Intel platform.[ Reply to This | # ]
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| Authored by: the_flatlander on Monday, August 30 2004 @ 12:50 PM EDT |
"As near as anyone could figure out BayStar had a burr under its
saddle because SCO said it was going to make more money off its abhorred
SCOsource Linux licensing scheme than thought - an odd position for a VC,
perhaps[...]"
It makes perfect sense! No, really. BayStar
was afraid that the SCOundrels were going to sell everyone those discounted
"avoid a law suit" licenses and thereby lose out on the opportunity to sue all
those end users from *billions* of dollars, each.
The Flatlander
For the
truly greedy dreams of easy wealth can be the hardest to let go of. [ Reply to This | # ]
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| Authored by: Anonymous on Monday, August 30 2004 @ 12:57 PM EDT |
| Go back and listen to the recording of
the last "earnings" call (scare quotes because SCO does its best to talk
about anything but the earnings.) Ms O'Gara gets the first question, and
rambles on almost completely incoherently about the German stock markets. She
then asks a few insincere follow-up questions, eventually taking up the first
several minutes of the Q/A period.
SCO had released a couple of similarly
incoherent press releases about the mythical short sellers in Germany
illegally driving down their stock price, and if you read (or ever better,
listen to) the transcript, it's clear that Ms O'Gara is participating in the
diversionary technique.
Quite sad, really. She sounds absolutely terrible
in the conference call, as if she was drugged or half-asleep. Certainly, her
heart wasn't in it. If she doesn't ask about these IBM memos tomorrow, I'll be
shocked.
Thad [ Reply to This | # ]
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| Authored by: Anonomous on Monday, August 30 2004 @ 01:01 PM EDT |
| "Our conversations with end users cemented the Yankee Group's belief that no
operating system is right for everyone," says Laura DiDio,
AISPsa.
Better not let the US DOJ find out about this, Laura. They
might force your hero Billy to allow OEMs to preload something besides MS
Windows.
Don't you miss the good old days when nobody except a few nerdy
geeks knew there was any such thing as 'another operating
system'?
-Anonomous.
[ Reply to This | # ]
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| Authored by: Anonymous on Monday, August 30 2004 @ 01:20 PM EDT |
I could not resist these two very old articles. Anyone else got a few MO'Gara
favoites they would like to share here?
+++++++++++++++++++++
SCO Code Will Very Soon Be Removed Entirely from the Linux Kernel
August 18, 2003
Maureen O'Gara
http://www.linuxworld.com/story/33970.htm
+++++++++++++++++++++
http://www.techweb.com/wire/story/TWB20030808S0007
Tool Searches and Replaces SCO Code
August 8, 2003 (2:42 p.m. EST)
TechWeb News
Linux developer Aduva released a tool at this week's LinuxWorld that will allow
companies looking over their shoulder for lawyers to replace offending Linux
code with code that doesn't infringe on what SCO alleges is a violation of its
intellectual property rights.
OnStage 2.0 is available immediately, and runs on Red Hat and SuSE
implementations of Linux.
--
MadScientist[ Reply to This | # ]
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| Authored by: tredman on Monday, August 30 2004 @ 01:30 PM EDT |
You gotta hand it to those plucky Aussies. I saw the phrase "corporate
pornography" in relation to Forbes and just about busted a gut.
As far as sweet, sweet Laura goes, you do have to take some of her comments to
heart. When you strip the bias out of the article, I see somebody basically
telling the IT decision makers of the world to not jump on something just
because it's the "in" thing to do. Do your research. Do your due
diligence. If, after that, you feel that your decision is correct, jump on it
with gusto.
I do have issues with her downplaying the importance of it all. She's still
stuck in the days of Linux being a hobbyist system with a barely registerable
market share. I've got news for her: 10% of Windows users contemplating
switching is an ENORMOUS number. Microsoft would have kittens if the market
shifted 10% in favor of Linux, especially when, as one commenter pointed out a
little ways up, that 10% of Windows users is a massive number.
Sorry, Linus. I know it's not world domination, but it's a marathon, not a
sprint...
Tim[ Reply to This | # ]
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- Buzzword of the Year - Authored by: frk3 on Monday, August 30 2004 @ 01:38 PM EDT
- Its worse than just '10%' - Authored by: Anonymous on Monday, August 30 2004 @ 01:46 PM EDT
- Yep the survey is biased - Authored by: Anonymous on Monday, August 30 2004 @ 01:55 PM EDT
- More on Didio/Yankee survey - Authored by: Anonymous on Monday, August 30 2004 @ 02:17 PM EDT
- More on Didio/Yankee survey - Authored by: Anonymous on Monday, August 30 2004 @ 04:40 PM EDT
- Huh? - Authored by: digger53 on Monday, August 30 2004 @ 09:11 PM EDT
- Upgrade! - Authored by: Anonymous on Tuesday, August 31 2004 @ 07:59 AM EDT
- Kittens? - Authored by: wvhillbilly on Monday, August 30 2004 @ 04:05 PM EDT
- Buzzword of the Year - Authored by: stevem on Monday, August 30 2004 @ 10:08 PM EDT
- Buzzword of the Year - Authored by: inode_buddha on Tuesday, August 31 2004 @ 02:32 AM EDT
- "... busted a gut." But did you think about it? - Authored by: Anonymous on Wednesday, September 01 2004 @ 01:51 PM EDT
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| Authored by: tangomike on Monday, August 30 2004 @ 01:31 PM EDT |
If that's accurate then Microsoft must be freaking. One out of every 10 of their
current customers is looking to switch? That would kinda put the lie to
"Linux is no threat to us" stuff from the past month.
---
The SCO Group - Auto-retro-phrenology in action!
[ Reply to This | # ]
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| Authored by: Anonymous on Monday, August 30 2004 @ 01:51 PM EDT |
"It's a strange kind of anthology of pieces about the very
rich,
corporate existence, and fairly unreadable think pieces, but
something
about it suggests to me that it isn't really read by opinion-formers
or
genuinely powerful people. It looks much more like corporate
pornography,
giving middle-management dreamers fodder for their
fantasies, and this sort of
exercise, basically meaningless, hardly
seems useful or
instructive."
"It's a strange kind of anthology of pieces
about FOSS existence, and
fairly unreadable think pieces, but something about it
suggests to me
that it isn't really read by opinion-formers or genuinely
powerful
people. It looks much more like FOSS pornography, giving FOSS
dreamers
fodder for their fantasies, and this sort of exercise,
basically
meaningless, hardly seems useful or instructive."
[ Reply to This | # ]
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| Authored by: gsarnold on Monday, August 30 2004 @ 02:06 PM EDT |
IBM is challenging the crux of the SCO suit, claiming that SCO has no
contractual right to limit how IBM deposes of the AIX and Dynix IBM and
its Sequent acquisition wrote simply because SCO counts 74,000 lines of Unix
System V code in AIX and 78,000 lines in Dynix, less than 1% of all the
AIX-Dynix code.
Ugh, this sentence is a nightmare so I could be
mistaken, but I think the reporter means "disposes" here and not "deposes". The
only legal definitions for "deposes" that are indexed at dictionary.com concern
depositions and affadavits and would not be in proper context here. I hate it
when journalists can't use words correctly, so I hope I'm
wrong.
---
-------------------
None yet. [ Reply to This | # ]
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| Authored by: jim Reiter on Monday, August 30 2004 @ 02:12 PM EDT |
Maureen O'Gara writes
"According to SCO, as a result of the joint SCO-IBM Monterey Project that
was supposed to produce the definitive operating system for the Itanium, SCO
gave IBM the right to use SVR4 but only on Intel machines. However, after
Monterey hit the wall running, IBM took the SVR4, produced AIX 5L and put it on
its proprietary PowerPC-based servers, positioned to compete with Sun and now a
$4.5 billion business."
The problem with this is that TSG does not have the right to modify IBM's
License. This is a 4.16 (b) issue and TSG refuses to accept the fact that they
are not Novell (or AT&T). But then if you were McBS, wouldn't you want to be
someone else, anybody but McBS?
This is also why TSG has refused to produce a Purchase Agreement between Santa
Cruz Operations, Inc. and Caldera.
BTW IBM has a SVRX License, not an SVR3 license.
[ Reply to This | # ]
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| Authored by: darkonc on Monday, August 30 2004 @ 02:22 PM EDT |
There aren't many like Dodo Didio left these days.They're
getting fewere and fewer. If SCO and M$ don't do something big real soon,
they'll be extinct. ---
Powerful, committed communication. Touching the
jewel within each person and bringing it to life.. [ Reply to This | # ]
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| Authored by: Tsu Dho Nimh on Monday, August 30 2004 @ 03:25 PM EDT |
"Only [snip] about 10 percent of Windows users have any desire to switch
platforms."
Or upgrade to the latest release, either. Most users will use the stuff they
have until it dies. [ Reply to This | # ]
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| Authored by: Anonymous on Monday, August 30 2004 @ 04:12 PM EDT |
I am a firm believer in the benefits of practicing control of jaw muscles. A
person is rewarded for their ability to maintain speculation of ones competance
and the time proven method for keeping people wondering is to practice control.
It is better to keep them guessing instead of opening your mouth and removing
all doubt. Most persons convict themself f out of their own mouth. A person is
judged according to their actions irregardless of their intentions. You are
what you believe. And once again a reminder of how things are when it comes to
Linux. Linux didn't make it this far because of popular interest. The masses
are asses! just because something is popular it doesn't prevent it from being
defective or distorted. Linus isn't concerned for the future of Linux because
He understands concern for the future depends on the actions of today. Keep
doing the right thing for the right moment and thats the only thing one should
concern themself with[ Reply to This | # ]
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| Authored by: jccooper on Monday, August 30 2004 @ 04:35 PM EDT |
Microsoft's newest message seems to be "sure, you might want to leave, but
wouldn't that be expensive?" Hardly an inspiring sales pitch. Given their
market share, I guess it makes sense: there's nowhere to grow (at least in the
OS category), so you might as well try to stop shrinkage. But they could at
least pretend.
Microsoft: Don't switch horses in midstream(tm).[ Reply to This | # ]
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| Authored by: Anonymous on Monday, August 30 2004 @ 04:53 PM EDT |
Check out LinuxWorld's parent page: www.sys-con.com Then check out sys-con on
Netcraft: http://uptime.netcraft.com/up/graph/?host=www.sys-con.com
Interesting that they are running Windows 2000
<tin foil hat off>[ Reply to This | # ]
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| Authored by: gdt on Monday, August 30 2004 @ 08:43 PM EDT |
As is clearly attributed at the bottom of The Canberra Times' article, it is reprinted from the British newspaper The Independent. [ Reply to This | # ]
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| Authored by: Anonymous on Monday, August 30 2004 @ 09:32 PM EDT |
Remember when Maureen published Daniel Wallace's theory that the copyright
holder of the original work "bargains" with the copyright holder of the
modificatins so that the derivative work be published under the GPL? You know,
the whole "GPL is a contract" theory? She simply pasted his e-mail straight into
the page, without checking anything. This, of course, created a whole heap of
nonsense being said about this non-issue.
It is amazing how she never
bothers to check the facts, even the ones that can be found in just a few
minutes. If she did, she would know that one does not need to bargain for what
one already has. Just check this text from the copyright law, section
103(b):
(b) The copyright in a compilation or derivative
work extends only to the material contributed by the author of such work, as
distinguished from the preexisting material employed in the work, and does not
imply any exclusive right in the preexisting material. The copyright in such
work is independent of, and does not affect or enlarge the scope, duration,
ownership, or subsistence of, any copyright protection in the preexisting
material.
Quite clearly, two distinct copyrights. So, the
original author already has rights in the derivative, he does not need to
bargain for anything. It is the law the gives him those rights, not any private
agreement between him and contributing author.
But that's obviously too
hard to do. It easier to print nonsense, just like she did here.
On the
other hand, in IBM'S REPLY
MEMO IN FURTHER SUPPORT OF CROSS-MOTION FOR PSJ ON CLAIM FOR DJ OF
NON-INFRINGEMENT - as text posted today on Groklaw, PJ spells out 20+
bullet points that clearly prove how SCO say one thing in public and
another in court.
So, which one is true journalism? You be the
judge. [ Reply to This | # ]
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| Authored by: Anonymous on Saturday, September 18 2004 @ 12:08 PM EDT |
> "The ES7000 enterprise server range, also dedicated to Windows , had
previously supported SCO Linux until it was withdrawn early last year. Unisys is
now reentering the Linux market working with Novell and Red Hat.
SCO Linux ?... (are they talking about Caldera here)[ Reply to This | # ]
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