Re: SCO sues IBM over Linux

2003-03-10 Thread Tom Buskey
On Mon, 2003-03-10 at 12:55, David Long wrote:
> It could also be a situation like the OSF faced many years ago when Sun
> was secretly funding some company (name escapes me) to sue the OSF
> (can't remember the complaint either).  When the lawyers demanded that
> the secret source of funding be revealed (under the right to face your
> accusers in court) Sun got some bad press.  Apparently not much though
> since I can't locate a record of this on the web.
> 
> So maybe Microsoft is secretly funding SCO just to cause problems. 
> Would not surprise me at all.
> 
> -dl

At one time, MS owned a chunk of SCO.  Of course with the DR-DOS lawsuit
Caldera won against MS awhile ago, I can't imagine MS still owns any
part of SCO.  And SCO suing MS in Europe to remove the requirement to
ship MS code in SCO Unix.

Hmm, they've been pretty successful suing MS over the years.

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Re: SCO sues IBM over Linux

2003-03-10 Thread David Long
> 
> This is not a strategy any business leader would willingly follow and funding
> a huge lawsuit against IBM could cost them tens of millions per year.
> 

It could also be a situation like the OSF faced many years ago when Sun
was secretly funding some company (name escapes me) to sue the OSF
(can't remember the complaint either).  When the lawyers demanded that
the secret source of funding be revealed (under the right to face your
accusers in court) Sun got some bad press.  Apparently not much though
since I can't locate a record of this on the web.

So maybe Microsoft is secretly funding SCO just to cause problems. 
Would not surprise me at all.

-dl

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David A. Long
JumpShift, LLC

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Re: SCO sues IBM over Linux

2003-03-10 Thread bscott
On Mon, 10 Mar 2003, at 10:07am, [EMAIL PROTECTED] wrote:
> My guess is that IBM is first on the hit list? Perhaps the deepest
> pockets. Would this case (as they see it) also apply to SUN who supports
> Unix/Linux as well. Anyone else on deck?

  HP... Red Hat... SuSE... Mandrake... Microsoft... they'll probably sue
themselves soon.

  It's never a good sign when a company has to resort to litigation as a
revenue stream.

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Re: SCO sues IBM over Linux

2003-03-10 Thread Jeff Kinz
On Mon, Mar 10, 2003 at 10:07:00AM -0500, Andrew W. Gaunt wrote:
> My guess is that IBM is first on the hit list? Perhaps the deepest pockets.
> Would this case (as they see it) also apply to SUN who supports Unix/Linux
> as well. Anyone else on deck?
> 
> >I see this as a half-hearted attempt to blackmail IBM to settle out of court,
> >and I think that SCO underestimates IBM in this case, since an out-of-court
> >settlement would do nothing for the total over-all Linux and Open Source
> >community, and IBM knows that this would not be a "good thing".

I don't think the reason for hitting IBM was IBM's deep pockets.  Deep pockets
mean that IBM can afford to pay lawyers to drag this lawsuit out for as long
as Microsoft has dragged out the SUN-Java suit against Microsoft. (going on
eight years? now)

IBM's lawyers are probably nearly as good as Microsoft's.  I suspect that SCO
has another motive as other have suggested.  like getting bought out.

In fiscal 2002 SCO/Caldera lost 25 million dollars after taking in 64 Million.
(they spent 89 Million, but only took in 64 million) 
With a burn rate like that they will go broke quickly unless they huge cash
reserves or vaulable assets they can liquidate easily.

In their most recent quarter they lost only 3 million on 15.5 million of
revenue so they are slowing down the loss rate.   The company's assets
are reported to be worth 37 million so they can go for 12 quarters
(3 years) losing 3 million/quarter. (assumes they can sell their assets at
a reasonable price)

This is not a strategy any business leader would willingly follow and funding
a huge lawsuit against IBM could cost them tens of millions per year.

Unless they have a slam dunk of UNIX code being used directly in the Linux
system they can't win the lawsuit quickly.


-- 
Jeff Kinz, Open-PC, Emergent Research,  Hudson, MA.  [EMAIL PROTECTED]
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Re: SCO sues IBM over Linux

2003-03-10 Thread Andrew W. Gaunt
My guess is that IBM is first on the hit list? Perhaps the deepest pockets.
Would this case (as they see it) also apply to SUN who supports Unix/Linux
as well. Anyone else on deck?
I see this as a half-hearted attempt to blackmail IBM to settle out of court,
and I think that SCO underestimates IBM in this case, since an out-of-court
settlement would do nothing for the total over-all Linux and Open Source
community, and IBM knows that this would not be a "good thing".
 



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Re: SCO sues IBM over Linux

2003-03-07 Thread Jerry Feldman
On Fri, 07 Mar 2003 21:51:19 +
Jon Hall <[EMAIL PROTECTED]> wrote:

> Hi,
> 
> You will probably hear about this at least 20 times today, but if you
> have not heard of it yet, there is the actual papers filed at
> http://www.sco.com/scosource/
Kind of reminiscent of the suit AT&T launched against BSDI (I believe) a
while back. 

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Jerry Feldman <[EMAIL PROTECTED]>
Boston Linux and Unix user group
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SCO sues IBM over Linux

2003-03-07 Thread Jon Hall
Hi,

You will probably hear about this at least 20 times today, but if you
have not heard of it yet, there is the actual papers filed at
http://www.sco.com/scosource/

In reading these papers I see more holes in their thinking than exists in
Swiss Cheese, not the least of which is the fact that they don't own "Unix"
(which is a trademark owned by X/Open), but what they own is a copyrighted
code stream that originally came from AT&T through Novell.

I see this as a half-hearted attempt to blackmail IBM to settle out of court,
and I think that SCO underestimates IBM in this case, since an out-of-court
settlement would do nothing for the total over-all Linux and Open Source
community, and IBM knows that this would not be a "good thing".

md
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