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SCO - EV1, Licensees, Groklaw, Armed Guards

simoniker posted more than 10 years ago | from the many-tidbits dept.

Caldera 778

Camel Pilot writes "It looks like the CEO of EV1Servers underestimated the reaction to giving in to SCO demands and licensing Linux. I know we were looking for a new hosting home, and had EV1 at the top of the list, but now they are not even a consideration..." An anonymous reader writes "InfoWorld has an article with more info on Computer Associates denying being a SCO Linux licensee." Also, Mick Ohrberg writes "Pamela Jones, creator of Groklaw, an independent legal research site, responds to some allegations presented by SCO CEO Darl McBride." Finally, an anonymous reader writes "According to the Deseret News, Darl McBride says he sometimes carries a gun because his enemies are out to kill him. He checks into hotels under assumed names. An armed body guard protected him at Harvard Law School when he gave a speech last month." Update: 03/08 20:17 GMT by S : cdlu writes "Now the SEC is unofficially confirming some interest in the SCO and Microsoft connection, according to Newsforge [part of OSDN, like this site]."

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The GNAA Presents another FP! (-1, Offtopic)

Anonymous Coward | more than 10 years ago | (#8501553)

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Don't forget... (-1)

SCO$699FeeTroll (695565) | more than 10 years ago | (#8501557)

...to pay your $699 licensing fee you cock-smoking teabaggers.

Re:Don't forget... (-1, Offtopic)

Anonymous Coward | more than 10 years ago | (#8501584)

Congratulations! YOU FAIL IT to the Gay Niggers!

Mistaken Identity? (4, Funny)

ackthpt (218170) | more than 10 years ago | (#8501560)

"According to the Deseret News, Darl McBride says he sometimes carries a gun because his enemies are out to kill him. He checks into hotels under assumed names.

Soooooo, it was actually Darl? [rollingstone.com] It would explain the dope, but didn't we all think it was crack he was on?

Re:Mistaken Identity? (1, Funny)

perdelucena (455667) | more than 10 years ago | (#8501689)

Maybe he's afraid of thigs like this [billgatesisdead.com]

Re:Mistaken Identity? (-1, Troll)

pether (41295) | more than 10 years ago | (#8501696)

Cannabis is not dope, less harmfull than alcohol. Bet Darl would have been much more chilled if he smoked some, but he is probably on coke the arrogant fuck.

Re:Mistaken Identity? (-1, Offtopic)

Anonymous Coward | more than 10 years ago | (#8501779)

Where I come from, Cannabis (or Cannabis Sativa, if you REALLY want to get anal) is generally referred to as "dope", among many another name.

So, to me, it certianly is "dope".

All arguments about "dope"'s effects aside, of course.

A rose by any other name, as they say.

Paging Major Dick.... (5, Funny)

LittleGuy (267282) | more than 10 years ago | (#8501698)

"According to the Deseret News, Darl McBride says he sometimes carries a gun because his enemies are out to kill him. He checks into hotels under assumed names."

Looks like baseball bats [slashdot.org] won't work in this case....

Darl's Disease? (1)

Winkhorst (743546) | more than 10 years ago | (#8501768)

Yep. Them dang alien critters are sure bein after him. Jes can't take anouff percautions.

Seriously, Darl seems to be living in his own little world, doesn't he? Anybody want to venture a clinical guess on what's wrong with him? Paranoid schizophrenia? Delusions of grandeur? Isn't there some point where the company physician gets to remove him from office?

Re:Mistaken Identity? (0)

Anonymous Coward | more than 10 years ago | (#8501805)

If my name was Darl I'd use an assumed name too.

Darl needs protection, does he? (5, Funny)

FyRE666 (263011) | more than 10 years ago | (#8501561)

According to the Deseret News, Darl McBride says he sometimes carries a gun because his enemies are out to kill him.

Hardly. The only thing Darl needs protection from is his own big mouth. Let's hope he never realises that while he's carrying his gun ;-)

BTW, does anyone else think the SCO logo there looks like a big red beachball with Mickey Mouse's head on the side???

Re:Darl needs protection, does he? (4, Funny)

RLW (662014) | more than 10 years ago | (#8501611)

SCO logo there looks like a big red beachball with Mickey Mouse's head on the side

It does! Somebody tell the rat! Maybe SCO will have to change it's logo!

Re:Darl needs protection, does he? (0)

cclawson (727072) | more than 10 years ago | (#8501632)

Until I rolled my mouse over the icon, I always thought it was a picture for "Disney world domimation." Never put quite understood why Disney would be involved in SCO though.

Re:Darl needs protection, does he? (1)

CowboyNick (612553) | more than 10 years ago | (#8501668)

BTW, does anyone else think the SCO logo there looks like a big red beachball with Mickey Mouse's head on the side???

Thats what I always thought it was and I was wondering what that had to do with SCO....

Re:Darl needs protection, does he? (4, Funny)

IdleTime (561841) | more than 10 years ago | (#8501701)

Who wants to kill Darl?

Not me for sure, I'm just looking forward to the day where he becomes Bubbas bitch for the next 20 or so. There is no way in hell I want him dead.

Re: mickey mouse eh? (0, Offtopic)

Anonymous Coward | more than 10 years ago | (#8501739)

well disney are a bunch of thieves aswell. they stole the lion king, aswell as little nemo.

http://www.straightdope.com/classics/a991224.htm l
there is a lion king link.

here is a finding nemo link:
http://www.ananova.com/entertainment/story/ sm_8601 68.html?menu=

so yeah, add sco to the list of thieves.

it's like when i was little, my younger brother would punch me and then tell our mom i punched him. so i'd go infront of my mom and punch him REALLY hard and then say, "ok, now's it's true".

as if sco does this. what bastards.

i hope the jerk DOES get shot! wouldn't be by me but i bet no one would miss the s.o.b. there are enough bad people already.

we need more good people.

blue tiger

Re:Darl needs protection, does he? (2, Funny)

DKConstant (307421) | more than 10 years ago | (#8501786)

Darl's been guilty of pretty much only one thing: Shooting his mouth off. Now he needs protection from it? Hell, if he's packing heat, I can't WAIT for him to shoot his mouth off!

"If thy right eye offend thee, pluck it out and cast it from thee. If thy mouth offend thee, blow off thy lips with a .45 caliber hollowpoint."

-From "The Book of Darl"

Re:Darl needs protection, does he? (1)

MagFox (229571) | more than 10 years ago | (#8501821)

Whoa. You mean it's not? I never looked and always thought it was supposed to be some Globalization subject icon with Mickey as its representation. I'm disappointed.

CSLib fp (-1, Offtopic)

Anonymous Coward | more than 10 years ago | (#8501577)

The CSLib pling menace strikes again.

ph34r the pain.

Re:CSLib fp (-1, Offtopic)

Anonymous Coward | more than 10 years ago | (#8501606)

ph34r the ph41lure.

Darl McBride (-1, Redundant)

Silent Plummet (715802) | more than 10 years ago | (#8501587)

The man is absolutely insane. I can hardly believe what I read in the news anymore, especially if it's SCO-related. This has escalated to the point of sheer ridiculousness. Next thing they'll do, mark my words, is claim patent to having a modularized kernel.

FP or FRP? (-1, Troll)

Anonymous Coward | more than 10 years ago | (#8501588)

First post or first repost? Perhaps this should be the new angle given the frequent reposts and rehashed content that is around here.

Snore.

If a group is being extorted (0)

Anonymous Coward | more than 10 years ago | (#8501599)

And one gives in and willingly pays while the others refuse, of course everyone else will be upset.

Hmm.... (3, Funny)

JoeLinux (20366) | more than 10 years ago | (#8501605)

I'm thinking that 'Ole Darl may have made the final plunge into the Tin Foil Hat club.

"Please invest your money with me. I'm paranoid as hell, but my paranoia keeps your money safe. It's in a Mayonaise jar buried underneath my dead cat so that Black Helicopters can't find it."

Oh yeah, this company'll last.

Re:Hmm.... (1)

kristeh1337 (759934) | more than 10 years ago | (#8501639)

rofl. It seems that karmic retribution is finally on the side of linux and nerds on the whole. Let us revel in the downfall of a tyrant.

Re:Hmm.... (5, Funny)

RLW (662014) | more than 10 years ago | (#8501699)

The first rule about the Tin Foil Hat Club is: "Don't talk about the Tin Foil Hat Club."

In related news... (5, Funny)

cartzworth (709639) | more than 10 years ago | (#8501607)

Darl is now a paranoid litigous bastard [sco.com]

Re:In related news... (1)

Scoria (264473) | more than 10 years ago | (#8501709)

Darl is now a paranoid litigous bastard

Obviously, he has been reading Slashdot in an attempt to aggregate intelligence (oops! ;-)). If thousands of <stereotype>sweaty, unwashed three-hundred-pound nerds</stereotype> were threatening to eviscerate you, you would be paranoid, too.

Re:In related news... (1)

Linux_ho (205887) | more than 10 years ago | (#8501762)

I thought that was Paranoid Hypocritical Bastard... PHB... Maybe he will evolve pointy hair too.

Re:In related news... (4, Funny)

Misch (158807) | more than 10 years ago | (#8501764)

So, he's taken up $cientology [xenu.net] ?

SCO: (5, Funny)

Realistic_Dragon (655151) | more than 10 years ago | (#8501609)

"It's not a stock price drop, it's a temporary dip until we pick another huge company to sue."

Darl in the restaurant (0)

Anonymous Coward | more than 10 years ago | (#8501612)

They've got an old-fashioned toilet with a space between the water container and the wall.

SEC investigation underway? (5, Interesting)

eddy (18759) | more than 10 years ago | (#8501613)

An SEC staff member told NewsForge that complaints and tips about suspected under-the-table funding, stock-kiting, illegal insider trading, and money-laundering involving Microsoft or Microsoft-connected individuals to the financially struggling SCO Group have been coming into the agency with regularity since last August. Newsforge [newsforge.com]

Re:SEC investigation underway? (3, Insightful)

JoeLinux (20366) | more than 10 years ago | (#8501733)

I don't thinks so...I think the SEC thinks we are a bunch of miscreants trying to cause trouble. The fact that they haven't done anything is a problem. What we SHOULD do, is make a coherent case on Groklaw, and refer the SEC to it. PJ could supervise to make sure it is secure.

emerge -DU SCO-SEC-case.1.2.3

Re:SEC investigation underway? (2, Insightful)

LostCluster (625375) | more than 10 years ago | (#8501804)

I think the SEC thinks we are a bunch of miscreants trying to cause trouble.

I wouldn't doubt that there are some people who have tried to report SCO to the SEC despite not having any true facts that could be used. Such people are just harming any true investigation into SCO by drowning out the actual signals...

But Darl! (2, Funny)

Anonymous Coward | more than 10 years ago | (#8501614)

How can you rot in prison if we shoot you? You've got nothing to fear from us. Perhaps the gun you carry is to keep you out of jail when the game is up?

Give me a break!! (4, Insightful)

FortKnox (169099) | more than 10 years ago | (#8501616)

Darl McBride says he sometimes carries a gun because his enemies are out to kill him. He checks into hotels under assumed names. An armed body guard protected him at Harvard Law School when he gave a speech last month

Lets see... one guy pisses off a buncha nerds. He's afraid of firepower?
Uhh... Darl... the only thing you need to worry about is stuff like cracking your servers and DoS attacks. Both of which you have survived.

Really, if frivilous lawsuits caused people to fear for their lives, something is wrong witht his world.

Re:Give me a break!! (0, Troll)

illuminata (668963) | more than 10 years ago | (#8501693)

Lets see... one guy pisses off a buncha nerds. He's afraid of firepower?

Guess that they weren't fucking around when they called them zealots?

Re:Give me a break!! (4, Insightful)

PCM2 (4486) | more than 10 years ago | (#8501723)

Really, if frivilous lawsuits caused people to fear for their lives, something is wrong witht his world.
OK, it's fun to knock Darl, but let's face it: We live in the kind of world where, if a woman dumps a guy she's not into anymore and he takes it kinda hard, she can find herself in fear of her life. We live in the kind of world where, if some kids decide they're sick of being unpopular at school, a whole bunch of people can end up in fear of their lives. We live in the kind of world where, if one driver cuts off another on a Los Angeles freeway, that person can find himself in fear of his life. Hate to rob you of your innocence, but it's a lousy world in a lot of ways.

I think the chances that Darl McBride has received death threats, both at his place of business and his residence, are so close to 100 percent as makes no difference. Some people can laugh that stuff off. Others choose to take it seriously. Who can argue with either approach?

Re:Give me a break!! (0)

Anonymous Coward | more than 10 years ago | (#8501730)

Uhh... Darl... the only thing you need to worry about is stuff like cracking your servers and DoS attacks. Both of which you have survived.

And identity theft. By the sound of it it's really wearing to him. The guy can't own a CC any more, last I heard all his active ones had to be cancelled due to uhhhh "unexpected charges".

Darl, a man like any other, reliant on an electronic world, pissing off a hundred thousand people who control that world. heh, a gun hey.

Re:Give me a break!! (1)

Mick Ohrberg (744441) | more than 10 years ago | (#8501741)

Well, an ICMP packet of adequate size, thrown really hard, may hurt.

Frivilous lawsuits are a problem (1)

MacFury (659201) | more than 10 years ago | (#8501776)

Really, if frivilous lawsuits caused people to fear for their lives, something is wrong witht his world.

Shouldn't they? If people brought up frivilous lawsuits and suddently found themselves staring down the barrel of a gun...I'm sure they would reconsider abusing the law.

Maybe death is a bit extreme, but frivilous lawsuits shouldn't just be shrugged off. We ALL pay for them, one way or another.

Re:Give me a break!! (0)

Anonymous Coward | more than 10 years ago | (#8501789)

Sure about that? http://www.geekswithguns.com/ [geekswithguns.com]

Dangerous nerds (2, Funny)

Ligur (453963) | more than 10 years ago | (#8501617)

Yeah, better arm yourself with weapons, `cause you never know what those violent GTA-playing maniacs might do...

Today's Monday (-1, Offtopic)

Anonymous Coward | more than 10 years ago | (#8501621)

So do we like SCO today? Or is it Tuesday? I keep losing track.

If I were Darl, I'd carry a gun, too (4, Interesting)

drinkypoo (153816) | more than 10 years ago | (#8501626)

So the next time some unwashed Unix zealot approached me I could bust a cap in him before the stench reached me.

Okay now that I've attracted ire from everyone without a sense of humor; It makes perfect sense for him to say that. SCO's success hinges on making people feel sorry for them. Making people feel sorry for Darl because he "has" to carry a gun is a big step in the right direction (along those lines) and most of the sheeple will fall for it, because they don't know the real story. Bravo, Darl, good work. See you in hell.

Armed bodyguard? (5, Funny)

YetAnotherLogin (534226) | more than 10 years ago | (#8501629)

He must know about ESR.

Re:Armed bodyguard? (1)

irokitt (663593) | more than 10 years ago | (#8501664)

Comrade Raymond is smart enough to have a minion do stuff like that;)
Seriously though, I think this is just some more spin to help bolster SCOX. He's not the first neurotic guy in the public eye to beg for sympathy.

wow (-1, Offtopic)

Anonymous Coward | more than 10 years ago | (#8501630)

I just checked out linux today [linuxtoday.com] and all the stories they have listed just now appeared on slashdot in one big article.

Come on guys... quit making slashdot suck.

Computer Associates (4, Insightful)

savagedome (742194) | more than 10 years ago | (#8501631)

Check out the update at Yahoo [yahoo.com] .

From the article, The Islandia, N.Y., company, one of the biggest makers of corporate software, said that although it signed the licenses, it didn't pay for them -- and never would

Signed but not paid???

Re:Computer Associates (4, Interesting)

eddy (18759) | more than 10 years ago | (#8501697)

Yes, Center7 via Canopy gave licenses away for PR. I'd guess. The interesting thing is; Does this pierce the corporate veil, if CA Center7 -> Canopy -> SCO where now somehow CA are SCO-customers? That's what I want to know.

That is, if SCO goes under with debt, then Canopy should have to open their coffers for IBM/RedHat/et.al.

Contracts? SCO? What did you expect? (4, Insightful)

gordguide (307383) | more than 10 years ago | (#8501641)

From the article:
" ... Any report that we made a cash payment of seven figures is highly exaggerated, and it disappoints me that that quote is out there in the media," Marsh said. "The contract that we signed with SCO specifically prohibits any party from discussing the economics of the transaction. If you have an agreement that calls for certain aspects to be protected, then you would hope that that would be respected." ..."

Like, SCO can read, understand, or comply with a contract; that they can be relied upon to disclose factual information, and that they're not in a media war. Give me a break. What the hell did you expect?

Re:Contracts? SCO? What did you expect? (4, Funny)

arkanes (521690) | more than 10 years ago | (#8501758)

AH! But if they DIDN'T pay the seven figures, then it wouldn't be discussing the settlement to say that they did!

Re:Contracts? SCO? What did you expect? (1)

AviLazar (741826) | more than 10 years ago | (#8501788)

Ya know, I feel sorry for some of these companies. They may not be as large, or cannot afford a lawsuit that SCO is willing to pay out, so they are basically forced to settle and save a few bucks. SCO would probably claim these companies paid for their license as a move toward the righteous path; I at least think it is a move away from the barral of the gun. But who says SCO cares about agreements and licenses? -A

In for a penny, in for a pound (2, Insightful)

dacarr (562277) | more than 10 years ago | (#8501642)

Well, the fact remains, he started making bogus allegations about a particular social group.

Now I'm not one to make threats (instead, I just tell him to put up or shut up), but in any social group, there will be those who will feel the need to take extreme measures against a threat, be it real or perceived.

can they get their money back? (5, Insightful)

microcars (708223) | more than 10 years ago | (#8501651)

from the article:

Along with the PR backlash, Marsh said he is also disappointed that SCO officials have spoken to media outlets about the financial terms of the contract between SCO and EV1.

"Any report that we made a cash payment of seven figures is highly exaggerated, and it disappoints me that that quote is out there in the media," Marsh said. "The contract that we signed with SCO specifically prohibits any party from discussing the economics of the transaction."

so now they can sue SCO and get their money back!

changed from Ev1Servers (0)

Anonymous Coward | more than 10 years ago | (#8501657)

I switched away from them mainly because they paid SCO

If I were EV1Servers... (2, Funny)

Kethinov (636034) | more than 10 years ago | (#8501662)

... I'd switch to BSD. :)

IANAL, but wouldn't that be a great way to get SCO off your back?

Re:If I were EV1Servers... (5, Informative)

LostCluster (625375) | more than 10 years ago | (#8501755)

That's not so easy. EV1 doesn't have root over its customers boxes. They're not a managed hosting service. Therefore, forcing customers who don't want to switch OSes would be a messy process.

Go darl. most of us got over it when we were 8. (5, Funny)

baryon351 (626717) | more than 10 years ago | (#8501666)

Darl McBride says he sometimes carries a gun because his enemies are out to kill him. He checks into hotels under assumed names. An armed body guard protected him at Harvard Law School when he gave a speech last month."

Yeah darl, and when I was 8 years old I too was a spy, and everyone was out to get me. trust no one you know. I'd sneak around under a blanket and surprise my parents with my leet disguise skills, only to quietly slink back into the darkness and surprise yet another family member.

By the time I turned 9 the whole attention seeking bullshit act left me and I started growing up. Try it sometime, it's not all that bad.

Why Kill Him? (5, Funny)

meplaysocr (715112) | more than 10 years ago | (#8501669)

Darl McBride says he sometimes carries a gun because his enemies are out to kill him.

I am not entirely sure who would really want to kill him? I mean, this guy's stupidity is such that he shouldn't be put out of his misery but instead ridiculed and mocked for as long as we possibly can. We should use his actions in case studies on what -not- to do. He should be more worried of people pointing a finger and laughing then people pointing a gun and shooting.

Such is my Humble Opinion.

How EV1 can get back on board. (5, Interesting)

Jaywalk (94910) | more than 10 years ago | (#8501670)

The answer is easy. Do what every other self-respecting Linux sponsor is doing and sue SCO. They had a contract that said the financial terms would not be disclosed. SCO disclosed the terms. Breach of contract. SCO implied that EV1 thought the SCO case had merit. So add slander. Then maybe donate some cash to that fund that was set up to protect Linux users.

Maybe it won't hold up in court, but at least it will burn off some of the cash SCO received and spread their legal team a little thinner.

SCO Chief (5, Funny)

Digitus1337 (671442) | more than 10 years ago | (#8501672)

God help McBride if video games cause violence in people....

Nice (5, Informative)

big_groo (237634) | more than 10 years ago | (#8501676)

"The contract that we signed with SCO specifically prohibits any party from discussing the economics of the transaction. If you have an agreement that calls for certain aspects to be protected, then you would hope that that would be respected."

Sue the litigious bastards [sco.com] . They'd sue you.

A Good Hosting Provider (0, Offtopic)

Anonymous Coward | more than 10 years ago | (#8501677)

I have been using 1 and 1 since they came out with their last promotion and I have to say it is awesome. I would highly reccomend it to anyone looking for hosting. They have the whole range of services and they run Linux without a pointless sco license.

Mike

Re:A Good Hosting Provider (1)

AnonymousCowheart (646429) | more than 10 years ago | (#8501811)

dont forget opensourccehost.com [opensourcehost.com] they're all about opensource!

Cash flow (-1)

qat (637648) | more than 10 years ago | (#8501681)

EV1 has no need for money, they have plenty of it at their disposal. A couple whiney complains won't mean much to them... We need to get WOMEN to bitch to ev1! That'll do the trick! :D

Already slow with 26 comments, here's a mirror (4, Informative)

KingOfBLASH (620432) | more than 10 years ago | (#8501684)

Darl McBride, chief executive of SCO Group Inc., says he sometimes carries a gun because his enemies are out to kill him. He checks into hotels under assumed names. An armed body guard protected him at Harvard Law School when he gave a speech last month.

Darl McBride
Linus Torvalds, creator of the Linux operating system, calls SCO "the most despised company in technology."
The reason: SCO is claiming rights to the Linux open source software code that thousands of users and supporters say should have no owner. SCO brought a $50 billion suit against International Business Machines Corp. last year and last week turned on Linux users DaimlerChrysler AG and AutoZone Inc., suing for an injunction and unspecified damages.
"We are fighting the big battle," McBride said in a telephone interview from his office at SCO headquarters in Lindon.
McBride, 44, is pitting SCO against an industry it once helped develop. Less than two years ago SCO, formerly Caldera International Inc., was helping to form a standard version of Linux to compete with Microsoft Corp.'s Windows. Once McBride took the helm in June 2002, the company changed tack, hired attorney David Boies and began claiming that Linux users infringed on SCO's intellectual property.
Linux has attracted thousands of individuals and companies, some of whom see it as the only credible threat to Windows. Others use it because it's cheaper.
The software is now being used by companies ranging from DaimlerChrysler, the world's largest maker of luxury cars, to Lehman Brothers Inc, the fourth-largest U.S. securities firm by capital, to Google Inc., the world's most widely used Internet search engine. Lockheed Martin Corp., the world's largest defense contractor, also has servers that run on Linux as part of its computer network.
IBM pushes computers that run on the Linux operating system. Shipments of Linux-powered server computers, fast machines used to run Web sites, rose 53 percent in the fourth quarter, more than double the rate of Windows servers, market researcher IDC said.
McBride and SCO are more hated than Microsoft, the world's largest software maker, and its chairman, Bill Gates, according to some Linux backers. That's because SCO, once a backer of Linux, has turned around and attacked the essence of the system: its free source code.
"SCO are just complete hypocrites," said Jeremy Allison, co-author of Samba, an open-source software that runs a file and print service that SCO sells.
SCO says it owns the copyright to the Unix system and that parts of the Unix code have been copied into Linux. SCO is demanding payment from each user of Linux. Novell Inc. separately is disputing SCO's claim to Unix.
SCO claims IBM is distributing the Linux software containing its copyrighted Unix code. It claims companies such as Red Hat Inc. are building products using the same code. The company broadened its legal attack by suing AutoZone for using software that contains the code, and DaimlerChrysler for not certifying that Unix, which it obtained via license with SCO, has been used inappropriately.
DaimlerChrysler spokesman Han Tjan said he had no comment on SCO's suit. AutoZone Chief Executive Steve Odland declined to comment on the claims. IBM spokeswoman Trink Guarino said the suit is groundless and the company will contest it.
Linux, invented in 1991 by Torvalds as a student in Finland, found converts in part because it was a free, publicly shared operating system. Anyone can work on and modify the source code of Linux. By contrast, Microsoft licenses its Windows code only to select partners, which don't have permission to make changes.
McBride is getting the most heat from the thousands of volunteers who have worked on Linux over the past 13 years. They say SCO has no claim on the code.
"The real reason why people don't like SCO, and Darl McBride in particular, is that he is so dishonest," Torvalds, 34, said in an e-mail.
McBride has done battle before. He compares his fight with Linux supporters to the time when his family caught thieves stealing cattle from their ranch in Utah.
"We brought those guys to justice," he said. "It's very similar to what we are dealing with here."
As a young man, McBride participated in rodeo events and helped perform chores with his cowboy father, Pat. Together, they tamed wild horses. He graduated from Brigham Young University after serving as a missionary with The Church of Jesus Christ of Latter-day Saints in Japan.
In January, McBride's unlisted home telephone number was placed on Slashdot.org [slashdot.org] , a pro-Linux Internet site, which led to harassing phone calls on Super Bowl Sunday. Hackers also targeted the company's Web site with the Mydoom virus earlier this year, causing the company to shut down the site.
McBride said he sometimes carries a gun, declining to specify the type, and travels with armed guards. The gun is licensed, he said. Security officials have told him that convicted felons are behind the death threats, McBride said.
"When those are the types of people who are making threats on your life, you tend to take it more seriously," he said.
As he steeled for battle in the courts, McBride brought in lawyer Boies, who won the government's antitrust suit against Microsoft, to see whether it could sue Linux users. His firm, Boies Schiller & Flexner LP, and other law firms associated with the case have received $1 million in cash and 400,000 SCO shares.
By March last year, SCO had sued IBM, and on May 14, less than a year after announcing the collaboration on a standard Linux program, SCO stopped selling its Linux products.
"The lawsuit has touched a nerve with a community of people who work very, very hard for something they believe very deeply in," said John Palfrey, executive director of Harvard Law School's Berkman Center for Internet and Society. "These are people who take what they do extraordinarily seriously."
SCO, then known as Caldera Systems, first sold shares to the public in March 2000. They doubled on their first day of trading, giving the company a market value of $1.1 billion as investors bet the company would benefit from Linux.
SCO didn't turn a profit until it started its crusade against Linux last year. It had $17.9 million in revenue and net income of $5.43 million in 2003. SCO said last week its first-quarter loss widened to $1.5 million on sales of $11.4 million.
SCO will have a difficult time proving its case, especially facing an adversary such as IBM, said James Pooley, a partner at Milbank, Tweed, Hadley & McCloy in Palo Alto, Calif. IBM, based in Armonk, N.Y., has as many attorneys specializing in intellectual property as there are private law firms in the field.
"Suing IBM is not something that should be taken on by the faint of heart," said Pooley, who has litigated in cases with and against IBM. "IBM has the resources and the track record for fighting for its positions."
Shares of SCO rose more than tenfold last year as investors bet the company would profit from the IBM lawsuit. The shares have declined 32 percent this year.
Former SCO Chief Executive Ransom Love, who hired McBride in June 2002, wasn't among the buyers. Love said he sold all his SCO shares after the company filed suit against IBM.
"It's tragic," Love said in an interview. "A company that helped build that whole industry has now turned against it."

Re:Already slow with 26 comments, here's a mirror (5, Informative)

PCM2 (4486) | more than 10 years ago | (#8501820)

McBride has done battle before. He compares his fight with Linux supporters to the time when his family caught thieves stealing cattle from their ranch in Utah.
Really? I'd more compare it to the time he sued his own employers [thecopiernetwork.com] over his personal compensation package.

Hey, SCO don't sell landmines! (2, Insightful)

CaptainCheese (724779) | more than 10 years ago | (#8501685)

EV1Servers underestimated the reaction to giving in to SCO demands

So they bought a licence, big deal. He's just covering his ass, and the ass of everyone who chooses EV1. The courts will not rule in IBM's favour just because linux geeks don't like it. Hell, it's not like it even matters! We havent even SEEN the "evidence" yet. what if SCO really does have a case, and they suddenly start suing every colo firm that runs linux?

Darl also believes... (-1, Offtopic)

Anonymous Coward | more than 10 years ago | (#8501687)

...the holocaust was hyped and vatican II is an abomination in the eyes of god. He should make a movie.

Uh Huh (4, Funny)

Anonymous Coward | more than 10 years ago | (#8501691)

As a young man, McBride participated in rodeo events and helped perform chores with his cowboy father, Pat. Together, they tamed wild horses. He graduated from Brigham Young University after serving as a missionary with The Church of Jesus Christ of Latter-day Saints in Japan.

Mormons never lie. Especially when they are wearing the magic underwear.

favorite part (1)

Anonymous Coward | more than 10 years ago | (#8501695)

I especially found the part about comparing the linux community to cow rustlers at his family farm quite funny. It would be really funny to find out he was making this story up as well.

I wonder if EV1... (2, Interesting)

rediguana (104664) | more than 10 years ago | (#8501716)

will be able to get a refund on their linux servers. That whooshing sound are their customers up and leaving...

Down here with the rest of us... (2, Insightful)

The-Dalai-LLama (755919) | more than 10 years ago | (#8501717)

In January, McBride's unlisted home telephone number was placed on Slashdot.org... Hackers also targeted the company's Web site... McBride said he sometimes carries a gun...

I'm not a big fan of people taking the law into their own hands, but...

It's one thing to throw rocks at someone from the safety of a cushy penthouse and the security of a legal/corporate structure designed to benefit and serve you (and those like you). Must be a tad unsettling to find that one's actions as a corporate entity can lead to consequences in the real world.

On another note...

McBride said he sometimes carries a gun, declining to specify the type...

If his handgun is as powerful as his legal standing, I'm guessing it's a .32 automatic.

The Dalai LLama
"If someone ever shot me with a .22 and I found out about it, I'd be mad as hell!" - Some Texas Ranger

More proof... (1)

MImeKillEr (445828) | more than 10 years ago | (#8501718)

That ol' Darl needs a brain pacemaker [slashdot.org] .

Who wants to take bets it won't be long before he's talking about BlackOps helicopters, that Desi Arnaz killed JFK, and that he's got proof that the US military is building landing strips for gay martians?

Re:More proof... (1)

hambonewilkins (739531) | more than 10 years ago | (#8501813)

What have you been reading?

It was the gay martians that killed JFK. How could Desi Arnaz have killed JFK when he was so busy running the entire stock market? Some people... jeez!

Consideration... (1)

Vo0k (760020) | more than 10 years ago | (#8501721)

I know we were looking for a new hosting home, and had EV1 at the top of the list, but now they are not even a consideration...

And I seriously wonder who (from those who aren't old SCO customers) could consider SCO as their business partner or source of any kind of product or services?

For us it looks like SCO is a walking dead, inflated and kept alive by stockmarket gamblers yet, but about to fall apart. Is this right?

He should carry a gun. (-1, Troll)

Anonymous Coward | more than 10 years ago | (#8501722)

It's understandable why people would want to kill him, and I hope that he eventually gets brutally murdered.

I guess you shouldn't fuck with people who can fuck with you right back.

Should EV1 sue SCO? (5, Insightful)

LostCluster (625375) | more than 10 years ago | (#8501724)

It's not surprising that anything SCO would sign would contain limited disclosure clauses. But, since Darl has clearly tried to claim that EV1 gave SCO $1,000,000+ in cash, and EV1 seems to want to stomp that down... can't EV1 sue SCO for breach of the agreement just a few days after it was signed?

SO DUKE NUKEM FOREVER MOD? (-1, Troll)

Anonymous Coward | more than 10 years ago | (#8501729)

I wonder if there will be a mod for DNF that has alien bastards with SO logos on their shirts?

confused (3, Funny)

happyfrogcow (708359) | more than 10 years ago | (#8501734)

McBride, 44, is pitting SCO against an industry it once helped develop.

I'm confused. I read this expecting a short treatise on the history of law and litigation to follow, yet it started talking about companies like Caldera International Inc., a software company.

SEC investigation according to NewsForge (4, Informative)

isn't my name (514234) | more than 10 years ago | (#8501735)

According to Newsforge [newsforge.com] there is likely already an SEC investigation ongoing.

Also, to plug my own horn, I've written up a few things on the financial dealings [threenorth.com] . Most are from August 2003, but the most recent relates to the Anderer memo. [threenorth.com]

EV1's Woe's (1)

Hut_Mul (601978) | more than 10 years ago | (#8501743)

From the article: "Any report that we made a cash payment of seven figures is highly exaggerated, and it disappoints me that that quote is out there in the media," Marsh said. "The contract that we signed with SCO specifically prohibits any party from discussing the economics of the transaction. If you have an agreement that calls for certain aspects to be protected, then you would hope that that would be respected." That's what he gets for messing around with a company like SCO.

Cancel your service... (0)

Anonymous Coward | more than 10 years ago | (#8501747)

I already cancelled my service with EV1, and if you host through them you should two and recommend to anyone you know not to use them either.

Damn right they underestimated, lets put those f***ers out of business.

Martha Stewart is WORSE than Darl? (2, Interesting)

Anonymous Coward | more than 10 years ago | (#8501753)

According to the Feds, Martha Stewart is worse than Darl! How much taxpayer money was spent prosecuting her for a $60,000 stock trade? What Darl is doing is far worse. He basically a corporate terrorist, trying to extort big companies for lots of money with the threat of litigation, for something he has NO OWNERSHIP rights to. And the Feds don't have a problem with this? They must have their heads completely up their asses sideways.

Darl and his gun. (1)

Ride-My-Rocket (96935) | more than 10 years ago | (#8501766)

So Darl carries a gun to protect himself from those who might do him harm, just as SCO filed suit against IBM to protect their intellectual property from being improperly exploited.

Wouldn't it be deliciously ironic, then, if Darl's gun accidentally goes off at some point -- in effect, killing himself? This would roughly parallel the grave SCO is digging themselves, even as we speak. After all is said and done, SCO will ultimately be responsible for its own demise........

If justice were done.... (3, Insightful)

Performer Guy (69820) | more than 10 years ago | (#8501767)

Darl wouldn't be carrying a gun, but he would be locked behind bars where he belongs. When you attempt to hijack and subvert the work of thousands of others for your own unjust enrichment through a stream of falshoods and implausable legal proceedings you're a criminal in my book.

Hopefully jail will be McBride's ultimate fate. Crooks should be locked up and Darl McBride is a brazen example of one in my opinion.

wimp! (0)

Anonymous Coward | more than 10 years ago | (#8501769)

come on! if bill can take a pie to the face, so can you darl!

Propaganda, victim complex, or both? (5, Insightful)

greg_barton (5551) | more than 10 years ago | (#8501775)

This is so over the top!

First lines of the article:

Darl McBride, chief executive of SCO Group Inc., says he sometimes carries a gun because his enemies are out to kill him. He checks into hotels under assumed names. An armed body guard protected him at Harvard Law School when he gave a speech last month.
Linus Torvalds, creator of the Linux operating system, calls SCO 'the most despised company in technology.'


...later...

In January, McBride's unlisted home telephone number was placed on Slashdot.org, a pro-Linux Internet site, which led to harassing phone calls on Super Bowl Sunday. Hackers also targeted the company's Web site with the Mydoom virus earlier this year, causing the company to shut down the site.
McBride said he sometimes carries a gun, declining to specify the type, and travels with armed guards. The gun is licensed, he said. Security officials have told him that convicted felons are behind the death threats, McBride said.


Lookie! It's the juxtaposition trick! Darl says, "I feel threatened," then mention someone (Linus) saying something threatening. Talk about linux advocates attacking making harassing phone calls, then mention unspecified convicted felons making death threats.

A classic example of propaganda I've ever seen one...

He carries a gun? (5, Funny)

Wingnut64 (446382) | more than 10 years ago | (#8501777)

How long until he shoots himself in the foot?

Dow Jones / WSJ finally picking up on this (5, Informative)

Animats (122034) | more than 10 years ago | (#8501781)

See Clarification - CA Signs Licenses. [yahoo.com] . This Dow Jones story is very negative on SCO, and it appears on most stock-related sites, although it's not up on Bloomberg yet.

SCOX is down 2% today, reaching a new low for 2004. The stock has been in a screaming dive [yahoo.com] since December, dropping from 19 to 11.

Cowboy Darl (3, Funny)

Queuetue (156269) | more than 10 years ago | (#8501783)

Does anyone else suspect that Darl and his family blamed some innocent cowboys and the used the legal system to steal their livestock?

Slashdot...pro-linux? (1)

zelurxunil (710061) | more than 10 years ago | (#8501787)

"In January, McBride's unlisted home telephone number was placed on Slashdot.org, a pro-Linux Internet site..."

Slashdot in and of itself is not pro-linux, most of its reader-base is. The way its worded in the article, one would imagine it being a "linux elitist" group.

It's not just paranoia (0)

Anonymous Coward | more than 10 years ago | (#8501792)

We may make fun of his paranoia, but don't forget that there are a lot of unstable people out there (and yes, some of them even like Linux). Don't rule out that one of them really goes over the edge.

Its the users emotions not legal or technical. (5, Insightful)

openmtl (586918) | more than 10 years ago | (#8501794)

The response is emotional because the SCO threats have no legal basis (until proven in the current court cases), have no technical basis (until source code is actually revealed which to date SCO have not.

Its really our emotional response to threats. No different from any criminal threatening your hopes, dreams, your work, career or family.

EV1Servers should have simply waited until the SCO v. IBM was finished the appeals.

We've been desperately saying this - all we want is facts. Cold hard code with clear attribution and this has not been forthcoming from anyone to date.

EV1Servers have been tarnished because no-one knows who to trust right yet. For me if Torvalds says he wrote that code then he did and it stays that way until he says "Oh yeah I remember, I copied that from an old Computer or DDJ magazine or found it on a FTP site." or something equally absurd.

Darl must think he has more enemies than Bill (1)

SocietyoftheFist (316444) | more than 10 years ago | (#8501798)

I'm sure there are a lot more people in the world that dislike Gates than there are that Actually know who McBride is. He's milking it, playing the victim, textbook passive agressive actions.

I'm wondering about numbers (0)

Anonymous Coward | more than 10 years ago | (#8501799)

I'm curious how many EV1 customers have cancelled their account in protest? This statement by Robert "Headsurfer" Marsh is very pathetic - he did what he did and now he has no way of backing out of it.

I'm personally an EV1servers customer, and I will be cancelling my account this week (couldn't last week because of a nasty essay I had due).

-j

EV1 CEO = idiot moron (2, Insightful)

SQLz (564901) | more than 10 years ago | (#8501814)

Quote From CEO of EV1
"So we felt like we were doing the right thing for customers, the right thing for ourselves and the right thing for our shareholders. We felt (that paying the licensing fee) put our customers and ourselves in a position where we could concentrate on our business instead of a bunch of lawsuits."

Its funny he never thought of doing the right thing for Linux. Considering how many Linux machines he has in which he paid $0 for the operating system you would think that there would be some loyalty. Linux probably played a key role in EV1's growth over the years. This guy is just another example of someone who will take take take from our community and never give anything back.

Man, what a jackass that guy is.

Feel bad for EV1 (1)

augustz (18082) | more than 10 years ago | (#8501817)

I feel bad for EV1. They had developed a good reputation in the linux space through a lot of good hard work.

I don't know what possessed them to sign up for the SCO licensing and fund the destruction of a software product they built their business on.

Or sign an agreement with a company that has a history of suing its customers.

Strange times indeed.

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