RE: [MLUG] latest SCO shite

["F Vernon Green" <EMAIL:PROTECTED>]

I really wonder what is going to happen here. 

If SCO does have a claim, what will happen when the offending code is
revealed?

I have my ideas, mainly I could see a scenario where IBM settles the case
and releases their coders to get those lines out of the code to clean it up.


You see there is a ploy going on here by IBM as well. IBM could be simply
forcing SCO's hand so they can get their hands on what SCO has. Namely the
information on what they are claiming to own. 

I guess the question is what happens to Linux if SCO's intellectual property
has been violated? Does SCO then own all of Linux from now on? Does the
Linux user have to pay a royalty for every copy they have used and ever will
use? Or does IBM just pay them off, adjust the code, and go on their merry
way?

I know we all want SCO to be full of brown stuff and get run out of town on
a rail, but what happens if the court finds that IBM is in violation? I
imagine IBM would appeal of course, and immediately publish the findings
unless the court puts a seal on the documents. Which still does not mean the
documents would not find their way to the general public.

I am just curious of what you all think IBM would do IF they lost.

Vern Green



-----Original Message-----
From: EMAIL:PROTECTED
[mailto:EMAIL:PROTECTED] On Behalf Of Jonathan King
Sent: Saturday, December 06, 2003 8:37 PM
To: MLUG Members
Subject: Re: [MLUG] latest SCO shite


On Sun, 7 Dec 2003 EMAIL:PROTECTED wrote:

> Check out Groklaw for the latest lowdown in this SCOrched earth.
> 
> http://www.groklaw.net
> 
> PJ's done a great job with the Friday court proceedings. In a
> nutshell, the judge has granted IBM's motion to compel. Now SCO
> will *finally* be forced to show us the code in question.

To cut to the chase, you can go directly to:

  http://www.groklaw.net/article.php?story=20031206151020872

In a nutshell, SCO is really, truly and completely toast.  The judge
granted this motion, I think, because it is truly in doubt whether
SCO has any case AT ALL.  If SCO doesn't identify the infringed and
infringing code within 30 days after the order is signed, IBM is
certain to seek a directed judgement against SCO, and the judge will
grant it.  If SCO does disclose, IBM will still likely seek a
directed judgement or dismissal, and they could well get it.

If SCO had ever had anything, things would never have gotten this 
far without them showing a smoking gun and essentially forcing IBM 
to give them big bucks one way or another.  Because SCO never had 
anything, their only hope was to create drama by suing a big fish 
and then forcing the weak and the scared to fork over some money 
before the best IP lawyers on the planet (those working for IBM) 
kicked over their sand castle in the preliminary motions stage, 
which is where we still are at now.
 
Unfortunately, there are no options in SCOX, otherwise it appears
there really would be a killing to be made.  (You could try to sell
the stock short, but there are always risks there if the shares get
bid up before they crash.)

jking


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