A faithful Groklaw run-to-the-courthouse volunteer has just returned from the Delaware courthouse. Some time this afternoon we should have the actual papers from Red Hat's filing. Basically, Red Hat is letting the judge know that SCO didn't tell her the truth, the whole truth and nothing but the truth. For one thing, Lehman Brothers, a customer of Red Hat, got two threatening letters from SCO, threatening legal action over alleged copyright infringement, and their reply is attached to the motion. Clearly, they let her know, there is an imminent threat from SCO, making this a "judiciable controversy", an element they must prove to avoid dismissal of their action. For one thing, McBride's statements at Harvard that SCO would begin suing end users on February 18, Red Hat points out in its documents, is proof of an imminent threat. He copied down the "Don't Contact Us Again" letter by hand and here is his report.
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Just got back from courthouse. I ordered a copy of the docket and
hopefully should get it this afternoon, scan it, send it along. In the
meantime I jotted down a summary of the motion as well as a letter from an
SCO customer to SCO telling them to bug off. I copied that in its
entirety (I hope accurately).
OK, here's my summary.
Red Hat stated that SCO sent a letter to one of Red Hat's customers (Lehman
Brothers Holding) accusing them of infringing copyrights. There were two
letters, the second threatening legal action. The customer advised both
SCO and Red Hat that it is looking to Red Hat for a response. (letter
transcribed below).
Red Hat also said that the "justiciable controversy" was also confirmed by
public statements made by McBride last week (motion filed 2/11) that they
will begin suing end user customers by February 18th. (I assume they
were talking about the Harvard speech.)
Lehman Bros' response to SCO was that it purchased Linux products and
services from Red Hat.
At one point Red Hat referred to this case as an "Emperor without clothes."
Redhat also stated that SCO statements contradict earlier representations
by SCO to this court.
Red Hat requested the court to allow this information to be submitted
in further support of their Opposition to Motion to Dismiss.
Now the Lehman Brothers' letter (from their legal counsel)... hopefully
without any transcribing mistakes:
"SCO's letter of December 19, 2003 to Mr. Richard Fuld and of January 16,
2004 to Mr. Jonathan Beyman (attached) have been forwarded to me to reply.
"The issue you raised concerning use of Linux software have been directed
to our vendor, Red Hat, Inc., for a response. Understandably, they are the
appropriate receipient and are better positioned than we to respond to
your issues and concerns.
"Please direct any further correspondance on the subject to Red Hat. To the
limited extent you must communicate with Lehman Brothers in the future
(admittedly unlikley, given our request herein), please direct any such
communications directly to my attention."
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