First, here is SCO's press release in response. They just can't quit with the threats. Dear Darl's letter to Red Hat says the lawsuit surprised him and warns:
Be advised that our response will likely include counterclaims for copyright infringement and conspiracy. That's not much of a threat, since Red Hat has already asked the court to rule on the copyright issue. Remember the nasty guy at Forbes who wrote the
article, "What SCO Wants SCO Gets?" It's the one SCO plastered up on its web site. Well, he's beside himself being scornful about Red Hat seeking a declaratory judgment. He sneeringly compares it to asking a judge to say you aren't a bank robber before you've been charged with a crime. But he's soooo off-base.
There are advantages to asking for a declaratory judgment, if you anticipate that you are going to get sued. If you file first, you have the advantage of picking the place where the case will be tried. Think: not Utah.
Red Hat's complaint makes frequent reference to the July 21 teleconference, so if you haven't heard it yet, it is here, as an mp3. The link to it is on this page. It may still be available via SCO, but it gives me the creeps to visit their web site, so if you feel the same, now you have an alternative. [ Update: Groklaw has a transcript of the teleconference.]
I have read the complaint. They tell the court all about SCO's stock leaping into the stratosphere and everything else you, or Groklaw, has thought of. They use Gartner Group pronouncements against SCO. I enjoyed that part. Speaking of analysts, even some of them now say SCO's license plan will fail. Here's what the Butler folks said today:
SCO ... appears to have forgotten about the real power of Linux: the "community" of developers, both employed and otherwise, who are passionate about the GNU Public Licence software, said the analyst group. Amen, brother. Maybe triple damages instead of royalties. Am I dreaming? Or did I die and go to heaven? heh heh. I know, I know.
Even if SCO's claims are proven to be true that the 2.4 kernel and later does contain Unix code, the kernel will be rewritten.
If the people that are in the community can produce a security patch for Linux six to 10 times faster than an equivalent from Microsoft for Windows, then a new kernel will not be long in coming and SCO can wave goodbye to its expected royalties.