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SCO Claims IBM/SGI Licenses are Revokable

CmdrTaco posted about 11 years ago | from the no-take-backs dept.

Linux Business 378

shadow099 writes "SCO claims in an open letter writen by Blake Stowell, Director Public Relations SCO, that the Unix licenses to IBM and SGI can be revoked. " This is just the latest volley in the ongoing circus. It keeps getting funnier!

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378 comments

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Somebody PLEASE put a bullet hole (0, Funny)

Anonymous Coward | about 11 years ago | (#7194421)

in Darl McBride's head. I understand mob rule is teh sucks, but in this case, it's justified. He is insane.

Re:Bah (1)

E_elven (600520) | about 11 years ago | (#7194516)

It's not off-topic. Inappropriate and criminal, sure :)

It all started when (1, Funny)

ShatteredDream (636520) | about 11 years ago | (#7194425)

Clinton got away with "it depends on what the meaning of is, is......."

NO! you've said the word we cannot hear! (0)

LinuxThis (646936) | about 11 years ago | (#7194442)

not IS! you wouldnt get very far in life not saying IS.

Re:NO! you've said the word we cannot hear! (1)

Paleomacus (666999) | about 11 years ago | (#7194486)

True. However the meaning of 'is' can be ambiguous.

Re:NO! you've said the word we cannot hear! (0, Offtopic)

grub (11606) | about 11 years ago | (#7194527)


It's a reference to Monty Python and the Holy Grail [imdb.com] .. Don't think too hard about it.

Re:It all started when (0)

Anonymous Coward | about 11 years ago | (#7194610)

How odd. I thought it started with "I am not a crook" or "I forgot".

It's the goatse clown! (-1, Offtopic)

Anonymous Coward | about 11 years ago | (#7194427)

Is it his face? or his ass! Never mind, goatse is funnier than Six Haxalot, and even I use linux!

fp (-1, Offtopic)

Anonymous Coward | about 11 years ago | (#7194428)

is it firstpost... god please. i am totally worthless ... just once get me the first post on slashdot

Re:fp (-1, Offtopic)

Anonymous Coward | about 11 years ago | (#7194444)

You fail it, bitch!

Now fucking kneel down and suck on my cock, bitch!

Worthless bitch!

Can we drop this? (0, Insightful)

Anonymous Coward | about 11 years ago | (#7194435)

Do we have to hear about every time SCO takes a shit? I really don't care about the 4 weekly articles about them that says the same shit and then the posts that say the same shit. There has to be more interesting news articles to read about and discuss than SCO.

Re:Can we drop this? (0)

Anonymous Coward | about 11 years ago | (#7194483)

No doubt. NEWS FLASH! SCO IS RUN BY IDIOTS! I mean, wake me when it's over. Until then, shut the fuck up already.

I'll tell you something... (-1, Troll)

Anonymous Coward | about 11 years ago | (#7194540)

I just took a shit... a big, brown, hot, steamy, smelly shit. And I fucking loved it, bitches!

Were their licenses not already revoked? (-1, Offtopic)

Captain Goatse (715400) | about 11 years ago | (#7194436)

Captain's Log
Seadate 12"82'49

We stranded on a strange island. After finishing our regular Goatse procedures(Jerking off to me, Captain Goatse. I jerk off to my men, I love them all... especially the new boys, they are still quite tight.) we decided to explore the island.

After walking for a few hours we finally approached something that seemed at least a little more civilized than the plain old jungle. A giant statue!

The statue looked vaguely familiar, it was a giant nigger widening his ass with two thick sticks. Around the statue a bunch of niggers danced.

We tried to talk to the niggers, but they would not respond. Mr. Smith even showed his ass to them. This was a real problem, we were all horny as hell, and really bored of each other. We were afraid that the niggers would kill and eat us or simply eat us while we were alive if we tried to rape them. I knew we should have bought the guns.

Nothing worked, until I got the best idea ever: We started having sex with each other to try to persuade the niggers to join us. Guess what, they started spreading their asses at once, it looked so welcoming that I shot my load in the face of their leader.

Next morning we woke up on our ship, the niggers and the island were all gone. Was it just a dream? That's pretty unlikely as all crewmembers remember the experience. I wish we could find the way back there.

-Captain Goatse

Is it just me (1)

Sir Haxalot (693401) | about 11 years ago | (#7194437)

Irrevocable? Hmmmmmmmmmmmm.
Is it just me that things the 'Hmmmmmmmmmmmm' is very unprofessional?

Re:Is it just me (0)

Anonymous Coward | about 11 years ago | (#7194464)

Yes.

Re:Is it just me (0)

Anonymous Coward | about 11 years ago | (#7194468)

Is it just me that things the 'Hmmmmmmmmmmmm' is very unprofessional?

Is it just me that thinks that 'things' is not a verb?

Things that make you go hmm (1)

mazarin5 (309432) | about 11 years ago | (#7194471)

You know, it does make me think that. Hmmmmmmmmmmmm..... (how many ellipsis are appropriate for that many 'm's anyways?)

Re:Grammar, OT (1)

E_elven (600520) | about 11 years ago | (#7194526)

3.

Re:Is it just me (0)

Anonymous Coward | about 11 years ago | (#7194472)

Maybe they should change it to...

Can we survive as a company? Hmmmmmmmmmmm.

FUCK OFF SIR HAXALOT! (-1, Troll)

Anonymous Coward | about 11 years ago | (#7194477)

Sir haxalot is troll, karmawhore, and an asshole!

Add him to your FOES LIST TODAY! And if you have mod points, mod him down!

Re:Is it just me (3, Funny)

El (94934) | about 11 years ago | (#7194489)

Just picture Dr. Evil putting his pinky to his mouth and saying it: "Irrevocable? Hmmmmmmmmmmmmm." See, it fits perfectly, doesn't it?

Re:Is it just me (0)

Anonymous Coward | about 11 years ago | (#7194493)

Sir Haxalot is a karma whore troll. He is currently trying to gain Karma by posting google cache [slashdot.org] links in various [slashdot.org] articles all over [slashdot.org] slashdot so he can later use his karma-enhanced account to post trolls later on without worrying about killing his karma and having the added bonus of posting at +1 or +2 while doing it. The sad thing is that when he posts links, he posts the same links that were in the article summary and violates copyright law by copying the article text verbatim. He even posts links to outdated Google Cache copies of the articles, even when the article links STILL WORK! So moderators, I ask that you review his Posting History [slashdot.org] and see that what he does is nothing more than plagarism, trolling, and blatant karma whoring.

Re:Is it just me (0)

Anonymous Coward | about 11 years ago | (#7194545)


Actually if you look at his posting history [slashdot.org] , you'll see his whoring doesn't accomplish the goal. His karma/post ratio stinks like McBride's soiled Friday night panties.

Re:Is it just me (0, Flamebait)

crmartin (98227) | about 11 years ago | (#7194566)

Oh, just shut the fuck up.

How intelligent (0)

Anonymous Coward | about 11 years ago | (#7194606)

Did your post really merit +1 Karma Bonus?

What did you contribute to this discussion?

Re:Is it just me (0)

Anonymous Coward | about 11 years ago | (#7194603)

So the guy has a sense of humor, do you mind? SCO may think in ways most of us cannot follow (but then, so do most americans as far as many europeans are concerned :) But that doesn't mean the dude can't make a joke or write something informal, especially in an email!

Slow news day? (1)

Faluzeer (583626) | about 11 years ago | (#7194439)

This was first published on Friday...

Except... (1)

Chicane-UK (455253) | about 11 years ago | (#7194440)

It keeps getting funnier! ..its just not funny any more. Its downright frustrating, and whilst I appreciate the coverage Slashdot is giving me (I want to see what asses SCO are making of themselves) I can't wait to see SCO screwed in court and hopefully nailed by the financial regulators over their pump & dump tactics.

Sigh.

Re:Except... (0)

Anonymous Coward | about 11 years ago | (#7194532)

nailed by the financial regulators over their pump & dump tactics

I really hope the SEC does its job.

Re:Except... (0)

Anonymous Coward | about 11 years ago | (#7194627)

financial regulators over their pump & dump tactics.

If that was going to happen, it would have started by now. It will not. This is another MS, Qwest, and Enron. Pay us and we will look the other way.

So? (1)

DarkHazard (713597) | about 11 years ago | (#7194445)

So? What will happen once their licenses are revoked? SCO will shout at them and tell them to pay up for a new license. This is laughable. The SCO has no chance of getting them to renew their licenses! Its just a desperate last hope for a desperate company.

Re:So? (0)

Captain Goatse (715400) | about 11 years ago | (#7194461)

If they do not renew their licenses, what are they going to use instead? GNU/Linux?

Good luck trying to replace SCO/Unix with GNU/Linux in all of the world without any problems.

I can already see the headlines: "IBM controlled by hackers."

Re:So? (1)

MoonFog (586818) | about 11 years ago | (#7194479)

The SCO has no chance of getting them to renew their licenses! Its just a desperate last hope for a desperate company.
They still get attention they want. I've seen this "desperate last breath of a dying company" about SCO for months now. Lot of people shaking their heads going "they will soon be gone", but SCO is still here, unfortunately.

Re:So? (1)

The Analog Kid (565327) | about 11 years ago | (#7194581)

SCO already did, and IBM told them to shove it. However I find it very funny in the fact that if SCO wins, the money won't last forever. Whose going to buy a Unix license when your threatened that your license will be revoked. There only going after commercial Linux users. So what they are going to bill much of Hollywood, that's not going to go over well.

Of course a license can be revoked (2, Insightful)

Eric Ass Raymond (662593) | about 11 years ago | (#7194616)

What will happen once their licenses are revoked? SCO will shout at them and tell them to pay up for a new license.

So what usually happens if a company keeps using licensed material after the license has been revoked? They get sued, are found guilty of using intellectual property without a proper license and punished.

And of course licenses are revokable (unlike some people here seem to believe). Even if the license is fully paid, it can still be revoked if you are found in breach of the contract. Hell, IBM is using a similar argument [itworld.com] against SCO's Linux.

SCO is a PR nightmare. (0)

Anonymous Coward | about 11 years ago | (#7194447)

The only way that any company will do well these days is to have a good rapport with developers. SCO is offending everyone. Let's just say they win (hypothetical, not realistic), they will still go under due to all of the bad publicity.

interesting 2 months notice (1)

shaitand (626655) | about 11 years ago | (#7194449)

first of all, that quote pertains to AT&T, second of all sco gave 1 week notice, not two months.

Re:interesting 2 months notice (0)

cperciva (102828) | about 11 years ago | (#7194515)

Two months is the amount of time which they are required to allow for IBM/SGI/whomever to correct violations of the license. SCO gave them that time.

Re:interesting 2 months notice (2, Insightful)

Haeleth (414428) | about 11 years ago | (#7194630)

> SCO gave them that time.

Really? I thought they were required to give them two months from when they told them what the violations WERE, not from when they claimed that violations EXISTED.

The obvious comments... (5, Insightful)

Arker (91948) | about 11 years ago | (#7194453)

I'll get a few obvious observations out of the way.

First, they love to cite that original contract, but they don't talk about the addendums. There's a reason for that.

Secondly, even by that contract unamended, they would still have to actually specify what the supposed violations are before they could start the clock running so far as notice. They've steadfastly refused to do this, proving that they're acting in bad faith.

Third, just because they claim something is a violation doesn't make it so. If they really thought they had violations here, they'd be in a hurry to get to court, but instead they've been stalling.

So, in conclusion, more hot air from a guy that's known for it.

Re:The obvious comments... (2, Insightful)

YU Nicks NE Way (129084) | about 11 years ago | (#7194551)

I don't think that any of these three claims is correct.

First, the only addenda I've seen are in the IBM-ATTIS contract. This is not an action against IBM, but against SGI. The IBM addenda may change the outcome for AIX, but have absolutely no impact on Irix. More, the AIX issues are clouded by the question of Sequent's contract: it does not contain the extensions of rights clauses in the IBM addenda. If the Sequent-ATTIS contract is held to be binding on IBM for those items which were developed using Sequent's expertise, then the terms of the IBM-ATTIS addendum are irrelevant.

Second, we know that SCO did, in fact, start the clock against SGI some months ago -- SGI's last SEC filing demonstrated that.

And, third: no, there is no reason at all the SCO would ever be eager to get into court. Just because you're right doesn't mean you'll win. Look at Microsoft and Eolas. Microsoft is "right", but Eolas won anyway. Will that be reversed? Possibly, but how much is the doubt worth?

SCO's best strategy is to convince one company that they've got a claim and that the company is in violation of that claim. If they can do that without going to court, then they are golden: if any entity which they sued caves, then SCO can move against companies like Red Hat and SuSE, and against the Australian Competition Commission.

FUCKING MORON SCO EXECS (0, Flamebait)

Tuxinatorium (463682) | about 11 years ago | (#7194454)

Send them 10,000 copies of Goatse.cx in their email! Better yet just hack their computers and make them display nothing but goatse all day long!

Re:FUCKING MORON SCO EXECS (1, Funny)

Anonymous Coward | about 11 years ago | (#7194491)

Ok, Jonny, run along and play while big people talk. Jackass.

Re:FUCKING MORON SCO EXECS (1, Funny)

El (94934) | about 11 years ago | (#7194502)

Don't mud wrestle with a pig. Not only will you lose, but the pig will enjoy it! Oh, and that's spelt "Mormon", not "moron"... and counter to popular opinion, there IS a difference!

Re:FUCKING MORON SCO EXECS (0)

Anonymous Coward | about 11 years ago | (#7194512)

Don't you think they have enough assholes as it is?

Re:FUCKING MORON SCO EXECS (1)

IM6100 (692796) | about 11 years ago | (#7194617)

I'm starting to wonder if these 'SCO' topic posts are intended to draw off the ignorant potty-mouths and detract them from the important and interesting discussion threads.

Seems to be working.

Well... (1)

DrEldarion (114072) | about 11 years ago | (#7194455)

Well, he does seem to have a point, whether it's the "right" thing to do or not. If there's no place in the license that says it's irrevocable (and, quite to the contrary, actually says that it is revocable), then they shouldn't assume that it is.

How he goes about saying it, though, is quite assholish, and I don't agree with the whole situation, but it seems that the contract does allow them to revoke the licensing.

-- Dr. Eldarion --

Re:Well... (0)

Anonymous Coward | about 11 years ago | (#7194513)

The point I think, when IBM and SGI say their licenses are irrevocable, is that they're perpetual. IE barring anything else, SCO can't just say "your license runs out next year, you have to pay for more". The license is paid for , and can't be just changed and more $$ asked for.

However, it's revocable if SCO prove the license terms have been broken. They haven't done this yet.

Re:Well... (1)

jhunsake (81920) | about 11 years ago | (#7194559)

when IBM and SGI say their licenses are irrevocable, is that they're perpetual

IBM and SGI aren't stupid, they wouldn't say one thing when they meant another.

In response: Open letter to SCO (1)

r00zky (622648) | about 11 years ago | (#7194456)

Dear SCO management:
SCO, as a company, is revokable.

Yours truly
- r00zky

Re:In response: Open letter to SCO (1)

xanadu-xtroot.com (450073) | about 11 years ago | (#7194609)

I know you're making a joke and all, but, you're not that far off. It's the stock holders that can vote for the company to go belly up. They're not...

Specifications (1)

marcelC (592689) | about 11 years ago | (#7194457)

The excerpt from the contract states that ther is a 2 month term to act on the "Breaches specified" in the "Written notice" which should precede it.

As far as I'm aware SCO has yet to disclose all of the code. So what does this add to our circus parade?

Two months to fix? (0)

Anonymous Coward | about 11 years ago | (#7194465)

He's a fucking moron.

Even his own example says that IBM would have two months to fix any problems.

But SCO won't tell anyone what they think the problems are.

"Your honor, IBM is breaking our contract, but we can't tell anyone how"...

Yeah, that'll work.

Spelling correction... (0)

Anonymous Coward | about 11 years ago | (#7194467)

It's "revocable", not "revokable".

Wait a minute... (0)

Anonymous Coward | about 11 years ago | (#7194495)

Does this mean that weed is now "tocable?"

Re:Spelling correction... (1)

I Like Swords!!! (668399) | about 11 years ago | (#7194567)

Actually, both spellings are acceptable. It's like grey/gray. They both mean the same thing.

Re:Spelling correction... (1)

crmartin (98227) | about 11 years ago | (#7194591)

Both are actually considered correct.

Darl: So what if I'm losing the game?? (1)

Esion Modnar (632431) | about 11 years ago | (#7194473)

It's my bat, it's my ball, and unless you play by my rules, I'm going home, and taking them with me!

It's not fair, waaaaaahhhhh! (Red-faced temper tantrum)

Roland is Dying (-1, Offtopic)

Anonymous Coward | about 11 years ago | (#7194480)

(sic)

Funny? No, this is just sad (2, Funny)

bunhed (208100) | about 11 years ago | (#7194484)

So the husband is at the door, with the suitcase packed and the and a one way plane ticket in his hand and the wife is screaming she's going to divorce him. Pathetic really.

Are they really losing it? (1)

Core-Dump (148342) | about 11 years ago | (#7194485)

It looks like the CO's (or lawyers) at SCO are really losing it, revoke a licence?? and compare it with a drivers licence??
When you drive drunk you are a danger to everyone around you, therefore the drivers licence can be revoked.

When you (atleast that is what sco claims) use some code in Linux you can't revoke a licence, you can only sue there assess off (or try to)
I still havn't seen any proof from SCO that source from SCO is/was used in Linux, so i would say, first show the proof THEN revoke/sue the company's.

But noooo.... sco wants everybody to be afraid and start shaking in there chairs because they have a Linux home-firewall-router.

Whats up next?? Sco charging Superman because he has a "S" on his chest, and that "S" is part of "SCO"

When will this soap end??

An open letter (2, Funny)

Anonymous Coward | about 11 years ago | (#7194492)

C

Re:An open letter (1)

Tellarin (444097) | about 11 years ago | (#7194619)

the C letter is not an open letter, it is part of The S"C"O Group, and as such belongs to SCO (according to their lawyers?)

you better be careful or you could get sued by them for infriging their IP

I'm no lawyer ... (1)

nuance9 (713164) | about 11 years ago | (#7194494)

But since when does one paragraph out of a no doubt lengthy contract definitively prove anything?

only FUD (2)

OMG (669971) | about 11 years ago | (#7194500)

Blake Stowell (SCO) writes:
"You can't take code based on a license you signed, change it a little and then give it away for free (as in the case of XFS from SGI)." (emphasis mine)

Firstly SGI has a good point [computerbu...review.com] in saying it is allowed to make XFS open source. And secondly SCO execs should learn that GPL licencing is not about "free beer". Probably a court will need to tell them soon what the meanings of the GPL licence are.

Re:only FUD (0)

Anonymous Coward | about 11 years ago | (#7194611)

Let me get this straight: you take crappy 30 year old System V code, change it a LITTLE, and get XFS out of it? Right. Good point, Stowell. When you guys are done, the Albertsons down the street needs a few more baggers. Just give them a call. I will vouch for your.

"Irrevokable" (4, Interesting)

cperciva (102828) | about 11 years ago | (#7194501)

IBM/SGI's licenses are "fully paid up and irrevokable". That's specific legal language which means "SCO can't demand more licensing fees, and it can't pull the license on a whim". That in no way restricts the ability of SCO to revoke a license which has already been invalidated by IBM or SGI violating its terms.

I'm not saying that IBM or SGI has violated the terms of their UNIX licenses; but if they have, that "fully paid up and irrevokable" language is irrelevant in this case.

And why... (1)

moody834 (449404) | about 11 years ago | (#7194504)

...is this considered a post-worthy piece of news?Surely McBride will say countless other stupid things today. Must we have a post for those, too? We surely have enough reason at this point to have a weekly roundup of SCORN (SCO References/News)?

Seriously, save screen real estate for more interesting things (things with a point, dammit!), like, "Georgy Russell: What will she do now?"

Circus maybe, but... (0)

Anonymous Coward | about 11 years ago | (#7194507)

I'm just glad this article wasn't another "So and so's government considers using Linux". Holy christ... lately it seems like Slashdot's main focus is to tell us about every single time someone even thinks about using Linux (of course, as we've often witnessed they often end up sticking with Windows in the end). HOW ABOUT SOME REAL NEWS!!

yawn. (1)

ErikZ (55491) | about 11 years ago | (#7194508)

Then do it already SCO. It might actually help you with your court case.

What? It's a completely bogus claim? Then why are you annoucing it? Who are you trying to impress?

I wonder if their lawyers are working by the hour, and need to do stuff like this to charge billable hours.

Silly question maybe... (1)

scsirob (246572) | about 11 years ago | (#7194510)

Does the current SCO product include a file system as good as XFS? If so, what is it's name and how does it perform?

If not, why do they claim this to be SCO property but don't make their customers benefit from it? Just curious...

Re:Silly question maybe... (1)

DemENtoR (582030) | about 11 years ago | (#7194546)

Who is your daddy, and what does he do? Sorry, just had to do it.

he said, she said.. (1)

grub (11606) | about 11 years ago | (#7194514)


Everybody in this charade are sending open letters to one another. It's as if SCO is trying to scare other companies into settling whereas the companies SCO are suing are trying to decide this in the court of public opinion.

They should all just shit or get off the pot. SCO; show some code. IBM/SGI/et all; show what you've found. This fiasco has gone on long enough.

Can someone revoke his license to good health? (1)

speedfreak_5 (546044) | about 11 years ago | (#7194525)

Seriously, this guy needs to be taken down a couple of notches. Blake and his ilk come around talking smack about how they own code in linux, and they don't show $#!t. I'm tired of this crap. They need to either put up and show some code or the cocky bastards should be sent into fedreal PMITA prison.

Open Source Hell (-1, Flamebait)

Anonymous Coward | about 11 years ago | (#7194530)

Hear ye hear ye

WELCOME TO OPEN SOURCE HELL

It's a well known fact that open source is like Hell. Besides the obvious uselessness of open source (open source is more like open sauce- if sauce is left open, it spoils. It's also like open sores, where sores left open fester) and the total niggerfication of Linux, it's obvious that using open source is like going to Hell, only thousands of times worse.

When Bill Gates sent his only begotten son to die on the cross for your sins, he didn't plan for all of us to turn against him and use the disgusting, fecal OS that is Linux. Linus originally wanted to use a devil for his OS's mascot, but the asshats at BSD took it before he could.

The "penguin" is an actual hidden message for Hell freezing over, which is what will happen if it gains a market share of more than 5% and is actually used by someone besides a virgin geek for more than 5 minutes.

Did you know Linux is used to oppress niggers? What about jews? Linux is used across the world as a digital whip to put all the niggers and hook-nosed fucks in line, ready to suck Linus's (i.e. The Antichrist's) dick.

Use Linux, you'll see. You'll feel the shackles of Satan himself around your neck as you fail completely to install a piece of software. You'll scream in agony as your dependencies aren't perfect and your OS gives you a fatal error, causing your testicals to fall off. You'll wail in horror as you realize you didn't pay your $699 SCO license fee, and therefore reduced to teabagging Darl.

So break free the gay bonds of Hell and use the angelic OS that is Windows XP, you ignorant fucks.

Re:Open Source Hell (1)

Treacle Treatment (681828) | about 11 years ago | (#7194583)


And your point is?

"specifying any such breach" (1)

Ghazgkull (83434) | about 11 years ago | (#7194531)

"...AT&T may ... at any time terminate all the rights granted by it hereunder by not less than two(2) months written notice to LICENSEE specifying any such breach , unless within the period of such notice all breaches specified therein shall have been remedied;"

Doesn't this say that SCO has to inform the licensee of the violation and give them a chance to remedy the problem within two months?

XFS and copies (2, Interesting)

jbolden (176878) | about 11 years ago | (#7194535)

The letter's main point seems incorrect. IBM and SGI have a license to distribute the quote sounds like it is from a license to use. Given SCO's previous honesty I'd question whether he is quoting the correct license.

One side point was even worse, "You can't take code based on a license you signed, change it a little and then give it away for free (as in the case of XFS from SGI)."

How is XFS based on a license that SGI signed? AT&T and SCO for that matter have nothing similar.

Why ?? (1)

Crashmarik (635988) | about 11 years ago | (#7194539)

I have read over SGI's licenses and I've found no place where it says it is irrevocable. Why would anyone in their right mind sign over a license to anyone that was not revocable?

You have to ask is Mr. Stowell being disingenuous or is he meerly extremely naieve. The answer is very simple when the license was issued it was a condition of the contract and was a deal breaker. Most hardware vendors particularly in the timeframe of the dealings had much larger capital outlays on their proprietary products than software companies. It would have been foolish to allow a software vendor unilaterally and retroactively terminate their business.

I have to ask once again what Mr. Stowell is smoking when he talks about no one issuing an irrevocable license. Seeing, as all of the programmers that work for SCO have in effect done this with their work product.

Do not become complacent (0, Troll)

skroz (7870) | about 11 years ago | (#7194544)

While SCO's antics are often confusing and sometimes amusing, this is not a matter that should be taken lightly. Too many people are taking this lightly, and I have a fear that at the end of the day, the OSS community is going to be caught bent over with their pants down looking back on a grinning SCO.

The court system in the US is less than predictable, and often makes ludicrous decisions in favor of seemingly frivolous lawsuits (see RJR Reynolds, McDonalds, and KB Toys.) Linux CAN lose, and defeat in just this one battle would be disasterous.

And what does SCO have to lose? They admit that they only have a few hundred customers, and it would be no big loss to the world for the company to disappear. SCO execs have already made their money, so defeat wouldn't harm them much, even if it meant the end of their corporation.

Linux, on the other hand, would be utterly destroyed. Invalidation of the GPL would mean that existing GPL'd software could be incorporated into commercial code without restriction or credit to the original author. Commercial vendors would be at SCO's mercy, and many would be forced to fold. Non-commercial linux developers without funds to support a lawsuit would be forced to fold. Linux, at least in the US, would be dead.

Be amused, but those that are in a position to make a difference need to take this VERY seriously, or risk a serious blow to Linux' very existance.

Re:Do not become complacent (2, Informative)

pknoll (215959) | about 11 years ago | (#7194571)

Invalidation of the GPL would mean that existing GPL'd software could be incorporated into commercial code without restriction or credit to the original author.

No, it wouldn't. If the GPL is found to be invalid, then normal copyright law applies. Nothing written under it could be distributed, extended, etc. without express permission from the copyright holder. The GPL doesn't protect code; copyright law does that. The GPL grants freedoms where normal copyright law would restrict them.

Re:Do not become complacent (0)

Anonymous Coward | about 11 years ago | (#7194585)

"Invalidation of the GPL would mean that existing GPL'd software could be incorporated into commercial code without restriction or credit to the original author"

Not true. No license, no right to use it. Only if the restrictions are absurd, the restrictions can be set aside. That is not the case

Re:Do not become complacent (2, Insightful)

cyt0plas (629631) | about 11 years ago | (#7194589)

Invalidation of the GPL would mean that existing GPL'd software could be incorporated into commercial code without restriction or credit to the original author.

Actually, no, it wouldn't. In that case, standard copyright law would apply, which says that you can't distribute it, modified or not, without a valid license from the author. Copyright authors could still distribute their software under the GPL (it's a copyright license, so the copyright holder can't violate it). GPL v3 comes out (with a fix for whatever made GPL2 get thrown out), they release their software under GPL3, and all is good.

If needs be, Linux could be re-released under GPLv3 from a country which still accepts the licensing agreement. Then work continues as normal.

MOD PARENT UP (1)

The One KEA (707661) | about 11 years ago | (#7194612)

You are most definitely correct, sir. Just because we think we have the moral high ground in this case doesn't mean that SCO doesn't have something to go on.

To those of you fighting this case, KEEP FIGHTING!

Hmmm...there is one worrying thing (4, Funny)

psicic (171000) | about 11 years ago | (#7194555)

The piece itself is about nothing : the term irrevocable doesn't mean it can't be revoked, it usually just means it can't be revoked for no reason - i.e. there has to be a breach of the terms of the license. (That's assuming there isn't a clause somewhere that says 'This license can never be revoked.')

There is one worrying thing, and I quote:

{Villain fingers pussycat}

If that's an accurate description of what Mr. Stowell was doing, shouldn't somebody call the RSPCA???

Am I going to have to separate you two? (2, Funny)

cyclist1200 (513080) | about 11 years ago | (#7194556)

SCO issued a statement today saying "Yuh huh!"

IBM and SGI issued a joint reply stating "Nuh uh!"

Well, then! (1)

willith (218835) | about 11 years ago | (#7194561)

I hereby claim that I have the power to revoke THE SUN!

Waiting ... (0)

NotoriousBob (700016) | about 11 years ago | (#7194564)

I've been dreadfully waiting for this day to cash in my SCO shares. Just waiting for the cheques from IBM/RedHat.

What'll it achieve if they do? (1)

dacarr (562277) | about 11 years ago | (#7194570)

SCO will say "No license for j00!" to IBM, towhich they 900 lb gorrilla will walk up to them and basically say "revoke this" in response. I fail to see what this is going to achieve on SCO's part.

sigh (0)

Anonymous Coward | about 11 years ago | (#7194573)

The end can't come soon enough for SCO. These idiots need to produce something useful rather than trying to litigate a profit. It's just a long very slow death rattle. Hopefully a buy out or bankruptcy will come soon. These guys are ridiculous buffoon looters and everyone but them seems to know it.

Need Novell approval for revocation (1)

thegrendel (122641) | about 11 years ago | (#7194575)

The SCO Group can revoke Unix licenses
only with the approval of Novell.
This is why the AIX "revocation" was invalid.
This is why the threat to revoke SGI's
IRIX license is nothing more than a PR ploy,
an attempt to pump the stock price.

Hmmmmmmm (0)

Anonymous Coward | about 11 years ago | (#7194587)

Does the hmmmmmmm make anyone else think of a grade school argument. I can't wait for the "I know you are but what am I?" or "I'm rubber and you're glue..." lines in the next SCO letter.

Specs' (1)

synonymous (707504) | about 11 years ago | (#7194598)

The failure of SCO to specify is advantagous in two ways, one is that anyone can still trod along and still have a two month cushion when they finally prove it, while the other is that everyone has a chance to scour the kenel and it's pieces looking with a magnifying glass for anything that could be a problem. This is merely going to open and set center stage for all the acts in the future as well expose how sedated and trained folks are to having feces pressed into the ear.

last convulsions of a headless chicken (0)

Anonymous Coward | about 11 years ago | (#7194600)

I heve held executive positions in a few companies that went tits up and I have seen this before. My view on SCO is that it has come to examine closer the writing on the wall. I don't have to wait for the last chapter, I've read the book. Next steps -- corporate cards will lock up, medical insurance will bounce, creditors will show up at the door, all the good stuff. Why is it relevant to an IT company what a lawer says in this context or another? If you look at the product, it's not there. Why SCO? Why not BSD, Linux, SUN? No reason.

By the Original (4, Informative)

Shadow Wrought (586631) | about 11 years ago | (#7194605)

...any time terminate all the rights granted by it hereunder by not less than two(2) months' written notice to LICENSEE specifying any such breach, unless within the period of such notice all breaches specified therein shall have been remedied;...

So, by the original language, the license can only be revoked by specifying the breach. SCO has yet to specify the breach so much as point in its general direction.

The other proviso is that if the breach is fixed (ie the infringing stuff is removed) then the license can no longer be revoked. So, if the offending code in Linux is identified and removed- there is no breach.

Is it just me or are they no even bothering to hide their alterior agenda anymore?

MOD IT UP! (1)

TheSHAD0W (258774) | about 11 years ago | (#7194615)

Out of all the comments posted on this article, this is the first that includes a rebuttal.

Back to the Unix wars (1)

panurge (573432) | about 11 years ago | (#7194607)

Meanwhile it is back to the Unix wars as usual, with a twist.
  • SuSE: Use our Linux, we're protected because we were part of OpenLinux along with those SCOundrels
  • HP: Use our Linux, we are protected because we have a secret condom and we promise you won't catch anything.
  • IBM: So we're being sued. Hell, $3 billion is small change. Excuse us a moment while we thump our chests and then bury these creeps in fecal pellets.
  • SUN: Linux is crap for the server anyway. But here's this really, really neat corporate desktop which just happens to be SuSE underneath, see above.
  • All together: "Mind you, don't go buying no Linux from some two cent little organisation that just might get sued to hell and back"
I guess if you got all the marketing people from the organisations mentioned above and asked them to write an essay, "Darl McB: pain in the ass or unexpected business bonus", they'd be typing away for a long time.

YOU FORGOT THE MAGIC (0)

Anonymous Coward | about 11 years ago | (#7194608)

This terrible open-source shit cut off the end of my NORWAY? flood. Here is my humble attempt to make up for it:

N O R WAY?NORW A Y ? N O R W A Y?NO R W A Y ? N ORW A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ?N O R WAY?NORW A Y ? N O R W A Y?NO R W A Y ? N ORW A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ?N O R WAY?NORW A Y ? N O R W A Y?NO R W A Y ? N ORW A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ?N O R WAY?NORW A Y ? N O R W A Y?NO R W A Y ? N ORW A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ?N O R WAY?NORW A Y ? N O R W A Y?NO R W A Y ? N ORW A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ?N O R WAY?NORW A Y ? N O R W A Y?NO R W A Y ? N ORW A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ?N O R WAY?NORW A Y ? N O R W A Y?NO R W A Y ? N ORW A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ?N O R WAY?NORW A Y ? N O R W A Y?NO R W A Y ? N ORW A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ?N O R WAY?NORW A Y ? N O R W A Y?NO R W A Y ? N ORW A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ?N O R WAY?NORW A Y ? N O R W A Y?NO R W A Y ? N ORW A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ?N O R WAY?NORW A Y ? N O R W A Y?NO R W A Y ? N ORW A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ?N O R WAY?NORW A Y ? N O R W A Y?NO R W A Y ? N ORW A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ?N O R WAY?NORW A Y ? N O R W A Y?NO R W A Y ? N ORW A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ?N O R WAY?NORW A Y ? N O R W A Y?NO R W A Y ? N ORW A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ?N O R WAY?NORW A Y ? N O R W A Y?NO R W A Y ? N ORW A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ?N O R WAY?NORW A Y ? N O R W A Y?NO R W A Y ? N ORW A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ?N O R WAY?NORW A Y ? N O R W A Y?NO R W A Y ? N ORW A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ?N O R WAY?NORW A Y ? N O R W A Y?NO R W A Y ? N ORW A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ?N O R WAY?NORW A Y ? N O R W A Y?NO R W A Y ? N ORW A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ?N O R WAY?NORW A Y ? N O R W A Y?NO R W A Y ? N ORW A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ?N O R WAY?NORW A Y ? N O R W A Y?NO R W A Y ? N ORW A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ?N O R WAY?NORW A Y ? N O R W A Y?NO R W A Y ? N ORW A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ?N O R WAY?NORW A Y ? N O R W A Y?NO R W A Y ? N ORW A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ?N O R WAY?NORW A Y ? N O R W A Y?NO R W A Y ? N ORW A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ?N O R WAY?NORW A Y ? N O R W A Y?NO R W A Y ? N ORW A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ?N O R WAY?NORW A Y ? N O R W A Y?NO R W A Y ? N ORW A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ?N O R WAY?NORW A Y ? N O R W A Y?NO R W A Y ? N ORW A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ?N O R WAY?NORW A Y ? N O R W A Y?NO R W A Y ? N ORW A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ?N O R WAY?NORW A Y ? N O R W A Y?NO R W A Y ? N ORW A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ?N O R WAY?NORW A Y ? N O R W A Y?NO R W A Y ? N ORW A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ?N O R WAY?NORW A Y ? N O R W A Y?NO R W A Y ? N ORW A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? N O R W A Y ? # Important Stuff: Please try to keep posts on topic. # Try to reply to other people's comments instead of starting new threads. # Read other people's messages before posting your own to avoid simply duplicating what has already been said. # Use a clear subject that describes what your message is about. # Offtopic, Inflammatory, Inappropriate, Illegal, or Offensive comments might be moderated. (You can read everything, even moderated posts, by adjusting your threshold on the User Preferences Page) # If you want replies to your comments sent to you, consider logging in or creating an account. 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Why does this stuff keep getting reported? (2, Interesting)

coupland (160334) | about 11 years ago | (#7194629)

SCO has won nothing. They have disclosed nothing. They have accomplished nothing. They keep beating their chests and making outlandish statements every time they go a couple days without being in the headlines. But we keep reporting it and acting shocked. Darl McBride and SCO are the corporate equivalent of a kid eating dog poo out of the sand box for attention. Ignore them, they will go away.
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