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Bill Claybrook Was Right on the Money
Thursday, August 21 2003 @ 01:47 AM EDT

Since we strolled down memory lane with the lovely and tireless Ms. Didio, I thought it'd be good to take a stroll with Bill Claybrook, the other Aberdeen Group analyst. He, unlike Ms. DiDio, was a UNIX programmer and a professor, and here's what he said when he saw the code, and how far off did he turn out to be?
"All of it could have been copied from BSD Unix," he said, referring to a version of Unix different from SCO's System V version. "I have no way of knowing all that -- not without seeing it on the computer," he said. "And what's weird about it is, it wasn't like they copied the whole function," Claybrook said, referring to the programmers who allegedly copied code. "If you pull pieces of code from one program to another, it means you have to integrate them into your code, and then test with everything else," he said. "It just doesn't make sense -- why not take the whole function?" . . .

"In Aberdeen's view, if SCO wins its lawsuit against IBM (or settles out of court), then this is not a knockout punch for Linux."
Next, ComputerWorld back in June quoted him as saying he had "no idea" if there was a problem with the code. How could he say that if the code and even the notes seem to be identical? Because he couldn't tell where the code had originated or who put what where first, he explained. Another thing bothered him:
...he asked SCO officials if they had any "direct evidence" that IBM copied any System V code into Linux and was first told there was no such evidence. Hours later, he said, SCO officials called him back and told him that they had "misspoken" and that they did have such evidence. "That's kind of strange," Claybrook said.
In case his boss didn't notice, the man knows what he's talking about.

Meanwhile, even the money guys are noticing. On MSN's Moneycentral today, I noticed that SCOX was rated a 3, out of a possible 10, with the following warning:
The SCO Group, Inc., a small-cap growth company in the technology sector, is expected to significantly underperform the market over the next six months with very high risk. . . .

The price-to-earnings multiple is higher than the average for all stocks in the StockScouter universe.




  


Bill Claybrook Was Right on the Money | 18 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
radiocomment
Authored by: Anonymous on Wednesday, August 20 2003 @ 11:27 PM EDT
Does anyone remember 'vaporware'? I can't think of any computer lingo that
better describes SCO's position.
Lafayettegeorge

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Thursday, August 21 2003 @ 12:12 AM EDT
http://www.open-mag.c om/features/Vol_24/GPL/gpl.htm

The GPL has apparently passed judicial scrutiny once before.

As Dana Carvey (as Johnny Carson) might say: "I did not know that. Weird wild shtuff."

Indeed it is. IANAL but it sounds like legal precedent to me.


Z

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Thursday, August 21 2003 @ 02:34 AM EDT
I thought that the MySQL and NuSphere/Progress case was settled out of court. The article says "The judge ruled that NuSphere can’t market products under the MySQL trademark. Saris declined to get into the complexities of the GPL".

That doesn't sound like the GPL being backed up by case law to me.


Chuck Peters

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Thursday, August 21 2003 @ 04:28 AM EDT
As the SCO debacle unfolds SCOX stock will obviously collapse and SCO will file for bankruptcy protection. My question is about the relationship between SCO and their master The Canopy Group. Will any assets of the Canopy Group be available to creditors ? How will IBM, Red Hat and others harmed by SCO's willful misconduct be compensated ?

Should the open source community be alert to SCO asset transfers in anticipation of bankruptcy ? I don't mean just SCO stock transfers but all assets that might be shifted to evade liquidation ? How can the open source community monitor such activities ?


gumout

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Thursday, August 21 2003 @ 06:02 AM EDT
gumout: IANAL; but as pj argued on the site several weeks ago, "piercing the corporate veil" is a possibility. It is not something that will happen by default.

The decision to pierce is with the judge (or a jury?). It will only happen when Canopy influences limit SCO to act as an independent company. Unusual asset transfers can be an indication of this.


MathFox

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Thursday, August 21 2003 @ 07:17 AM EDT
i just do not understand the stock market.the shares are climbing????
have i missed an anouncement? someone want to explain the rational behind this
thanks br3n
brenda banks

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Thursday, August 21 2003 @ 07:18 AM EDT
i just do not understand the stock market.the shares are climbing????
have i missed an anouncement? someone want to explain the rational behind this
thanks br3n
brenda banks

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Thursday, August 21 2003 @ 07:28 AM EDT
i just do not understand the stock market.the shares are climbing????
have i missed an anouncement? someone want to explain the rational behind this
thanks br3n
brenda banks

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Thursday, August 21 2003 @ 07:33 AM EDT
brenda, i speculate this is why

http://moneycentral.msn.com/content/CNBCTV/Articles/StockPicks/P50807.asp

This is the same "Jonathan Cohen of JHC Capital Management, who is buying shares"

htt p://www.businessweek.com/magazine/content/03_25/b3838120_mz027.htm


quatermass

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Thursday, August 21 2003 @ 07:39 AM EDT
I suspect a combination of program trading, penny stock speculators, boiler room
operators and Wall Street firms which buy the stock as an extremely speculative
investment. Those who think they know what they are doing are probably betting
that if worst comes to worst, they'll get out of the investment before the other
dope dope. In the case where SCO-scum wins, well ... My list of culprits is of
course nonexclusive. Even though I have an MBA, I have found the ways of finance
strange at times but as as has been shown by the dot com bubble, the combination
of high tech stocks and technically illiterate stockbrokers is about as
explosive as fire and gasoline - and probably just as if not more
destructive.
blacklight

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Thursday, August 21 2003 @ 07:39 AM EDT
I suspect a combination of program trading, penny stock speculators, boiler room
operators and Wall Street firms which buy the stock as an extremely speculative
investment. Those who think they know what they are doing are probably betting
that if worst comes to worst, they'll get out of the investment before the other
dope dope. In the case where SCO-scum wins, well ... My list of culprits is of
course nonexclusive. Even though I have an MBA, I have found the ways of finance
strange at times but as as has been shown by the dot com bubble, the combination
of high tech stocks and technically illiterate stockbrokers is about as
explosive as fire and gasoline - and probably just as if not more
destructive.
blacklight

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Thursday, August 21 2003 @ 07:53 AM EDT
From the moneycentral link above, quoting analyst Jonathan Cohen:

"Cohen said the company's stock has done well this year on the back of solid fundamentals.

It has an enormous base of intellectual property rights, he added."

Thus showing why stock analysis is so often worthless.


Nick

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Thursday, August 21 2003 @ 08:00 AM EDT
Chuck,

that case was a demonstration of the validity of the GPL. It settled, like the BSDi case, when the judge indicated which way he was going to go, when he wrote that the GPL side seemed to have the stronger argument. When judges say things like that, it often gets a case settled.


pj

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Thursday, August 21 2003 @ 08:11 AM EDT
More Cohen http://ww w.siliconinvestor.com/stocktalk/msg.gsp?msgid=19031947
quatermass

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Thursday, August 21 2003 @ 09:55 AM EDT
Re: the open-mag article about the MySQL and NuSphere/Progress suit:

Is this the same Progress that's been mentioned recently as being a partner of SCO? (Progress Software is listed as an `Alliance Partner' on the SCO website.)

Birds of a feather violate the GPL together?


Rick Turner

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Thursday, August 21 2003 @ 01:26 PM EDT
Cohen is obviously one of the ethically challenged speculators I am referring
to. I won't be doing business with him any time soon.
blacklight

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Thursday, August 21 2003 @ 01:30 PM EDT
Indeed it is the same company.
Z

[ Reply to This | # ]

radiocomment
Authored by: Anonymous on Thursday, August 21 2003 @ 01:51 PM EDT
Rick,

Yes, Progress Software is the one.

NuSphere (A Progress company) was sued by MySQL for trademark infringement, breach of the interim agreement, breach of the GPL license, and unfair and deceptive trade practices. The charges were that NuSphere didn't fulfill contract obligations, used MySQL's trademark without permission and didn't make source code changes available as required under the GPL. As PJ points out, the judge's comments forced NuSphere to settle.


Dick Gingras - SCO caro mortuum erit!

[ Reply to This | # ]

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