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SCO Uses 3rd Parties To Spread Claims In Germany

timothy posted more than 10 years ago | from the sand-filled-balloon-in-oil-is-traditional dept.

Caldera 236

kryonD writes "According to this Computer Weekly article, SCO is no longer allowed to spread their FUD in Germany. This wasn't even a court or government order, but an out of court settlement with a small company. They even get 'fined' EU10,000 by the company for every breach of the settlement. Although, it appears from the article that SCO is side-stepping the agreement by commissioning 3rd party firms to spread their FUD for them. The settlement happened last month, but this is the first I have heard of it. I wonder what made them back down so quickly." We mentioned the settlement earlier this month (including prohibitions on making certain claims); the news is the attempt to circumvent it.

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236 comments

Poll Troll Toll (-1)

PollTroll (764214) | more than 10 years ago | (#8721387)

Which is better...

SCO [calcgames.org]
3rd Panties [calcgames.org]
Sex with a mare [calcgames.org]

Re:Poll Troll Toll (-1, Troll)

Anonymous Coward | more than 10 years ago | (#8721783)

This is pure Bullshit. SCO had better show the code or STFU. I am really getting sick and/or tired of this, Whos is with me?? SEND IN THE NATIONAL GUARD! Rape MCBRIDES CHILDREN!

Re:Poll Troll Toll (-1, Offtopic)

Anonymous Coward | more than 10 years ago | (#8721809)

SEND IN THE NATIONAL GUARD

I cannot help myself from feeling pride and being proud for all our service personnel each time I read this. I just heard Secretary of Defense Donald Rumsfeld say today, "Our troops are ready to go. We just need the word from the President," or words to that effect. The days ahead will bring a lot of hardship and death to many people on all sides. Only God can help them now, as it appears a war is written in the sand.

The average age of the Infantryman is 19 years.

He is a short-haired, tight-muscled kid who, under normal circumstances, is considered by society as half man, half boy; he is not yet dry behind the ears but not yet old enough to buy a beer, yet he is old enough to die for his country.

He never really cared much for work and he would rather wax his own car than wash his father's, but he has never collected unemployment either.

He's a high school graduate. He was probably an average student, pursued some sports activities, and drives a ten year old jalopy.

He has a girlfriend that either broke up with him when he left or swears to be waiting when he returns from half a world away.
He listens to rock and roll or hip-hop or rap or jazz or swing and 155mm Howitzers.
He is 10 or 15 pounds lighter now than when he was at home because he is working or fighting from before dawn to well after dusk.
He has trouble spelling, thus letter writing is a pain for him, but he can field strip a rifle in 30 seconds and reassemble it in less time in the dark.
He can recite to you the nomenclature of a machine gun or grenade launcher and use either one effectively if he must.
He digs foxholes and latrines and can apply first aid like a professional.
He can march until he is told to stop or stop until he is told to march.
He obeys orders instantly and without hesitation, but he is not without spirit or individual dignity.

He is self-sufficient. He has two sets of fatigues; he washes one and wears the other. He keeps his canteens full and his feet dry.
He sometimes forgets to brush his teeth, but never to clean his rifle.
He can cook his own meals, mend his own clothes, and fix his own hurts. If you're thirsty, he'll share his water with you; if you are hungry, his food. He'll even split his ammunition with you in the midst of battle when you run low.
He has learned to use his hands like weapons and weapons like they were his hands. He can save your life - or take it, because that is his job.
He will often do twice the work of a civilian at half the pay, and find ironic humor in it all. He has seen more suffering and death then he should have in his short lifetime, and more than most of us will ever see.
He has looked down from atop mountains of dead bodies, sometimes mountains he helped to create.
He has held the hands of friends as they took their last breath.
He has wept in public and in private, for friends who have fallen in combat and is unashamed.

He feels every note of the National Anthem vibrate through his body while at rigid attention, while tempering the burning desire to 'square-away' those around him who haven't bothered to stand, remove their hat, or even stop talking. In sad irony, he has risked his life, and has seen friends die, in order to defend this right to be disrespectful.

He has seen protesters burn flags, with anger and hatred towards their country, yet he loves his country so much, he has gone to war and risked his life to protect the rights of those people.

Just as did his Father, Grandfather, and Great-grandfather, he is paying the price for our freedom.

Beardless or not, he is not a boy.

He is the American Fighting Man that has kept this country free for over
200 years.
He has asked nothing in return, except our friendship and understanding.

Remember him always. He has earned our respect and admiration with his blood.

Re:Poll Troll Toll (-1)

Anonymous Coward | more than 10 years ago | (#8721840)

+1, Patriotic

Re:Poll Troll Toll (0)

Anonymous Coward | more than 10 years ago | (#8721865)

The object of war is not to die for your country but to make
the other poor bastard die for his.

--General George S. Patton

Re:Poll Troll Toll (-1, Flamebait)

Anonymous Coward | more than 10 years ago | (#8721907)

General S. Patton = a good example of what happens to you if you don't get laid before an age of 30 years.

Require licenses (4, Funny)

panxerox (575545) | more than 10 years ago | (#8721392)

FTA: "Gregory Blepp, vice-president of licensing at SCO in the US, said he was working to create legal conditions which require Linux users in Germany to purchase SCO's intellectual property licenses" Blepp dude come to our universe its not that bad. (i a n a l)

Re:Require licenses (0)

Anonymous Coward | more than 10 years ago | (#8721501)

Yipee... skippy... another SCO Story... We are soooooooooo blessed to read about them... Truely

Why are you anal? (-1, Offtopic)

Anonymous Coward | more than 10 years ago | (#8721521)

Not sure why you say "i anal" but this must be some hidden attempt to put some goatse humor into the SCO story.

Re:Require licenses (1)

Liselle (684663) | more than 10 years ago | (#8721693)

Don't forget (as noted when this story broke last time [groklaw.net] ), SCO can still sue their own customers if they want! :P

Re:Require licenses (4, Funny)

ron_ivi (607351) | more than 10 years ago | (#8721926)

And if you're afraid of that, you can always Open Source Insurance [fool.com] .

"SCO Group's (Nasdaq: SCOX) lawsuit against the Linux industry has produced what could either be a profitable new market niche or a spectacular new scam: open source insurance....a New York-based start-up called Open Source Risk Management has decided to sell insurance to companies using open source software that fear they may be sued."

Funny, the media didn't recognise is as a scam when HP did it.

Finally!! (5, Funny)

eLoco (459203) | more than 10 years ago | (#8721395)

A SCO story! It's about time!

And if you liked this one... (5, Informative)

y2imm (700704) | more than 10 years ago | (#8721439)

Go check Groklaw. IBM is asking for a declaratory judgement. SCOX trading tomorrow should be, um, amusing.

-1, Redundant (0)

Anonymous Coward | more than 10 years ago | (#8721546)

Another poster already provided links to stories above.

Re:And if you liked this one... (5, Interesting)

fermion (181285) | more than 10 years ago | (#8721620)

Ok, so SCO is now under $8 a share, which puts it's market cap around $120 million.

Also, it appears that SCO insiders now own less than 50% of the stock, while institutions own a like 40% and over 10% is in private hands.

So, unlike the last time that SCO was trading as a penny stock, it might be possible for some enterprising company to just buy a controlling share for 60 million and be done with it.

This is unless the instituational holders have some vested interest in seeing debacle continue. I would think that it there are several two and three letter companies that might be willing to pay a significant premium to make SCO go away.

Re:And if you liked this one... (2, Funny)

Anonymous Coward | more than 10 years ago | (#8721728)

What? Buy SCO and throw good money away? Hot air ain't worth 60 million dollars.

Re:And if you liked this one... (4, Insightful)

umofomia (639418) | more than 10 years ago | (#8721738)

This is unless the instituational holders have some vested interest in seeing debacle continue. I would think that it there are several two and three letter companies that might be willing to pay a significant premium to make SCO go away.
But isn't this what a bunch of us slashdotters believed what SCO originally wanted? ...to be bought out by IBM? And then their plan backfired when IBM decided to stand its ground so now their mentality is winning the lawsuits or bust?

Re:And if you liked this one... (1)

DoraLives (622001) | more than 10 years ago | (#8721760)

or bust

Yep. You said it.

Re:And if you liked this one... (1)

Bull999999 (652264) | more than 10 years ago | (#8721997)

Yes, Darl even considered allowing IBM to buy SCO for the "good" of the company. All that changed when IBM didn't take their bait.

Re:And if you liked this one... (5, Interesting)

pr0c (604875) | more than 10 years ago | (#8721775)

I don't pretend to be a stock market genius but this is interesting too.. http://finance.yahoo.com/q/it?s=SCOX [yahoo.com] Doesn't that page basically say that all insider trading since June of 2003 has been selling. Shouldn't shareholders be concerned with almost 10 months of insider selling?

Re:And if you liked this one... (1)

pr0c (604875) | more than 10 years ago | (#8721827)

Upon further inspection it looks like many of the insiders have been exercising options (buying at a deal) and selling short the same day or so... sure looks bad :P

Re:And if you liked this one... (4, Insightful)

ron_ivi (607351) | more than 10 years ago | (#8721845)

Buying SCO for $120 Million would just encourage other companies to do the same.

What the Linux community needs is a solid defeat of their suits - not a lucrative buyout triggering golden-parachutes for the execs.

If all it takes is a couple empty threats to sell for tens to hundreds of millions of dollars, it's the wrong message to send.

Re:Finally!! (-1, Troll)

mangu (126918) | more than 10 years ago | (#8721841)

When will the next Apple [slashdot.org] story come?


Yes, Apple moderators, APPLE IS SHIT!. Mod me down. I'll still be able to post at +2 after you mod me down. And it still doesn't change the single fact that APPLE IS A PIECE OF SHIT! [slashdot.org] .


No matter how many (-1, Troll) or (-1, Flamebait), or (-1, Offtopic) points you give me, it will not change the single fact that you have paid twice as much for a computer that gives you exactly the same performance as a computer that costs about 40% as much... [slashdot.org]

Booo (-1, Flamebait)

Anonymous Coward | more than 10 years ago | (#8721398)

SCO sucks. I think I have said it all

Can someone route this to SCO (-1, Troll)

mschoolbus (627182) | more than 10 years ago | (#8721399)

F*** Off!

Dear SCO (-1, Troll)

Letter (634816) | more than 10 years ago | (#8721404)

Dear SCO,

I usually use my penis to spread my FUD.

-Letter

storm them... (-1, Offtopic)

negacao (522115) | more than 10 years ago | (#8721407)

Get the pitchforks, ma!

Got the torches, pa? ;)

which 3rd party? (-1, Troll)

mastergoon (648848) | more than 10 years ago | (#8721410)

Heil SCO! Mein Fuhrur!

they should... (4, Insightful)

abscondment (672321) | more than 10 years ago | (#8721416)

Fine SCO every time someone writes another article about them. They're being so damn frivolous that it pains me to hear anything else about them short of their ultimate demise.

Re:they should... (0)

Anonymous Coward | more than 10 years ago | (#8721470)

Fine SCO every time someone writes another article about them.

Like slashdot? I think slashdot owes ... (pinky to mouth) ONE BILLION DOLLARS!!!!

Re:they should... (4, Insightful)

LostCluster (625375) | more than 10 years ago | (#8721558)

I don't think we can afford to ignore such an evil force... but maybe they should be downgraded to a weekly SCO summary. That way we can keep tabs on them while denying their ability to influence every day's news cycle.

Re:they should... (4, Interesting)

Maestro4k (707634) | more than 10 years ago | (#8721618)

  • Fine SCO every time someone writes another article about them. They're being so damn frivolous that it pains me to hear anything else about them short of their ultimate demise.
They can't the way SCO's doing it, in the article it tells the terms, and they only apply to SCO's German subsidary and employees of that subsidary. IANAL, and not familiar with Germany's legal system, but it looks like SCO managed to sneak this by the company without them realizing the potential it allows for SCO to continue to cause trouble -- just as long as the German subsidary and its employees stay out of it.

The company sounds pretty determined to make SCO stop (I am supposing SCO's claims are hurting their business), and had won a preliminary restraining order last year, and SCO entered into this out-of-court settlement this year instead of continuing to fight against them in court. I doubt the company's going to just take this current stuff lightly, and even though SCO hasn't violated the letter of the settlement, that won't stop the company from suing SCO's US, or whichever branch they use for the FUD of the day. I also doubt the courts will look on SCO Germany entering into an agreement to stop these exact same actions lightly. SCO will have an uphill battle to win that case.

Of course it doesn't seem that SCO really cares if they have a chance in hell of winning a lawsuit, as long as they can spread their FUD about. (Feel free to apply whichever conspiracy theory is current as to why.)

...Groan... (5, Funny)

Nicholas Evans (731773) | more than 10 years ago | (#8721427)

This is just one of those stories where you hold your head in your hands and sigh. Now, SCO, write "I will observe the spirit of the law and not the letter" a thousand times on the board.

Re:...Groan... (0, Troll)

rokzy (687636) | more than 10 years ago | (#8721525)

stories like this make me wish life were more like the movies. such a seven. I wish some maniac would torture and kill Darl McBride in some disgusting but ironic way. until then, I'll just have to wish cancer upon him.

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

Anonymous Coward | more than 10 years ago | (#8721591)

Sorry, I had to steal SCO IP to write this post:
for (int i=0; i<1000; i++)
{
printf("I will observe the spirit of the law and not the letter");
}

SCO... (4, Funny)

Anonymous Coward | more than 10 years ago | (#8721441)

Where the inmates really *do* run the asylum.

Re:SCO... (1)

Anonymous Coward | more than 10 years ago | (#8721609)

Where the inmates really *do* run the asylum.

Yup. And several of them have stripped the cafeteria and are selling off all of the chairs and tables [yahoo.com] . Since the company formerly called Caldera started this whole travesty, several insiders have been consistently selling stock. Admittedly, a lot of that has been stock they bought through the exercise of options. But it is worth noting that there is no record of insider purchase other than through exercising options since the lawsuit against IBM was first filed. The insiders don't think that SCOX is a good buy and haven't thought so for a long time.

Just remember (-1, Offtopic)

blair1q (305137) | more than 10 years ago | (#8721442)


Whenever you use Linux, you're using all the Linux users your distro supplier has used.

Re:Just remember (0)

Anonymous Coward | more than 10 years ago | (#8721626)

was this suppose to be funny? like one of those in the US, users use the linux distro but in russia the distro uses the users??? what were you thinking?

Re:Just remember (1)

Entropius (188861) | more than 10 years ago | (#8721803)

Grandparent is alluding to the "when you have sex, you're having sex with everyone your partner has ever had sex with" FUD (that's what it is) that's spread in many American abstinence-obsessed sex-education classes.

Well the first thing that comes to mind is this... (5, Interesting)

mwooldri (696068) | more than 10 years ago | (#8721450)

If SCO can be sued and they settle by agreeing to not spread their propaganda, then it's equally possible that SCO's sidekick could be sued for exactly the same thing. Since there is a court precedent, wouldn't any company willing to do this think twice - because they would be sued too?

Re:Well the first thing that comes to mind is this (1, Informative)

Anonymous Coward | more than 10 years ago | (#8721522)

It was an out of court settlement. There is no precedent. RTFSummary.

Re:Well the first thing that comes to mind is this (4, Insightful)

LostCluster (625375) | more than 10 years ago | (#8721541)

I don't think SCO should be completely ignored as long as they're still alive and kicking because their FUD machine is a dangerous thing, but maybe they should be limited to one weekly roundup instead of their near-daily coverage.

Re:Well the first thing that comes to mind is this (4, Informative)

ctr2sprt (574731) | more than 10 years ago | (#8721553)

The key thing here is that this was an out of court settlement. So there was no verdict, no ruling, no award... no precedent. Even if the judge had mandated this, many other countries don't attach the same sort of reverence to prior judicial decisions as the US does. Our reliance on precedence comes mainly from England (specifically common law). I don't know anything about Germany's judicial system so I have no idea what weight they give prior verdicts/rulings.

Re:Well the first thing that comes to mind is this (1, Insightful)

Anonymous Coward | more than 10 years ago | (#8721562)

Are they going to sue every PR firm in Germany? Seems a little unrealistic, don't ya think?

Re:Well the first thing that comes to mind is this (1)

hammock (247755) | more than 10 years ago | (#8721859)

The Court can order it so, a media blackout on SCO* and the like. Offenders pay dearly.

It happens all the time in Canada.

Everytime you say SCO (5, Funny)

DrugCheese (266151) | more than 10 years ago | (#8721452)

Everytime anyone says SCO you'll be fined eu1000

You said SCO!

Oooops I said SCO!

I said SCO again!

NI!

Re:Everytime you say SCO (1)

dgatwood (11270) | more than 10 years ago | (#8721731)

Two thoughts;

1. (to the obvious tune) Oops, I said it again...
2. (to the spam song) SCO, SCO, SCO, SCO , SCO, SCO, SCO, SCO... SCO-ity SCO, wonderful SCO....

Re:Everytime you say SCO (5, Funny)

Anonymous Coward | more than 10 years ago | (#8721830)

You said SCO!

Stone him! Stone him!

Funny that you mention that ... (4, Interesting)

vlad_petric (94134) | more than 10 years ago | (#8722000)

In ancient times there used to be a similar fine (read: death penalty) for mentioning the names of psychopaths who destroyed important pieces of art (who were doing that so that their names remained in history).

More SCO News (5, Informative)

tiny69 (34486) | more than 10 years ago | (#8721453)

Re:More SCO News (3, Interesting)

BCW2 (168187) | more than 10 years ago | (#8721706)

This could be the big one folks. It'll probably take another month for any kind of ruling, but if they win it settles everything in one shot. IP, the GPL (the real big one) and should carry over to Red Hat and Novell.

Read Groklaws short post, it might put a smile on your face.

Re:More SCO News (4, Informative)

mrbuttle (587604) | more than 10 years ago | (#8721980)

And as pointed out in the replies to the groklaw story, IBM asked for the same declaratory judgment on Sept. 25, 2003 in their "Amended Counterclaims Against SCO". See item 154 in the thirteenth counterclaim here [groklaw.net] .

A look inside the mind of madmen (5, Insightful)

Aneurysm9 (723000) | more than 10 years ago | (#8721454)

It's this kind of behavior that helps us see why they're afraid of showing code. They think that as soon as they do someone will find a clever way around their claims, just as they would do if put in the same position. Now, that doesn't change the fact that a lot of someones will probably find a lot of clever ways around their claims, but isn't that exactly what they should want if they were living in the same world as the rest of us?

Re:A look inside the mind of madmen (1)

DAldredge (2353) | more than 10 years ago | (#8721610)

As as ManMan trying to TakeOverTheWorld I resent being placed into the same catagory as SCO.

Re:A look inside the mind of madmen (1)

Felinoid (16872) | more than 10 years ago | (#8721955)

Your probably a mad genous.
Daril is more the typical pathetic psycopath.
I once thought thies types made good henchmen but I soon discovered they more often use the destructo ray on themselfs declairing "I'm immune see".

Now I use brainwashed zombies. Someone suggested using brainwashed collage girls but I dismissed the idea as being to much like a porno plot and to full of possable abuses and distractions by the henchmen I've blackmailed from the very start.

However I still reserve the idea as having some potental when infiltrating rival man scientists HQs.

This nonsense passes for insightful? (1, Insightful)

Anonymous Coward | more than 10 years ago | (#8721696)

"They think that as soon as they do someone will find a clever way around their claims, just as they would do if put in the same position"

That's a pretty goofy way to look at it.

You and SCO want to have it both ways. Essentially, you're claiming something infringes, but you don't want to admit what infringes because you realize your claims are so flimsy that they can be coded around quite easily.

SO which is it? If Linux is so tainted with SCO's patents and copyrights (as they claim), they could show infringement tomorrow. But if the infringement is so trivial, they I understand why they don't want to show it; they'd be the object of scorn and ridicule the world over.

SCO will die, and we will all be laughing and applauding. Get over it.

Re:This nonsense passes for insightful? (2, Interesting)

Aneurysm9 (723000) | more than 10 years ago | (#8721727)

Don't get me wrong, I think TSG's claims are laughable. If anything, I think my comments were intended to show just how silly TSG is. Also, get the facts right. Not to defend them, but TSG has never claimed that Linux "is so tainted with [their] patents" if only for the fact that they don't have any significant patents (if any). I think it most likely that TSG has chose not to show what they claim to be infringing code as a business strategy to delay the inevitable for as long as possible in order to benefit their executives and benefactors as much as possible before the whole house of cards comes crashing down. That's just my opinion, I could be wrong.

Not surprising ... (5, Interesting)

boarder8925 (714555) | more than 10 years ago | (#8721462)

Although, it appears from the article that SCO is side-stepping the agreement by commissioning 3rd party firms to spread their FUD for them.
This is not, by any means, surprising. Companies like SCO almost always get third parties to do their dirty work for them.

who gets whom to do what dirty work? (4, Funny)

RLiegh (247921) | more than 10 years ago | (#8721483)

isn't this a case of the patsy using a patsy? What I wanna know is who is going to be the patsy for this paty's patsy.

Wouldn't it be illegal to do this too (5, Insightful)

thegrassyknowl (762218) | more than 10 years ago | (#8721468)

If SCO isn't allowed to spread FUD then wouldn't commissioning other companies to do it also not be allowed?

The only way it would be legal is if the other company was acting on its own. If SCO paid them to say they were not acting on behalf of SCO, wouldn't that be illegal too?

The settlement disallows employees of SCO making claims agains Linux, but by commissioning an advertising company the company becomes employeed by SCO in some sort of sense... the article said that it was a borderline tactic, but methinks that if it wound up in court SCO would be penalised.

Re:Wouldn't it be illegal to do this too (2, Informative)

LostCluster (625375) | more than 10 years ago | (#8721593)

It's not illegal... it's just a violation of a contract, and you know how SCO loves to go looking for legal loopholes in contracts...

Re:Wouldn't it be illegal to do this too (3, Interesting)

Anonymous Coward | more than 10 years ago | (#8721991)

The settlement disallows employees of SCO making claims agains Linux

Actually, the settlment disallows SCO-Germany from making claims against Linux. It is the US branch that is hiring German PR firms to spread FUD.

I should buy one of their liscenses (5, Funny)

Zakabog (603757) | more than 10 years ago | (#8721481)

Then I can scan it and finally use ghostscript's toilet paper setting, I'd print SCO liscenses for everyone!

Re:I should buy one of their liscenses (5, Funny)

Trepalium (109107) | more than 10 years ago | (#8721583)

And unlike the ones SCO sells, yours would actually serve a purpose!

Creating Legal Conditions??? (4, Interesting)

Johnathon_Dough (719310) | more than 10 years ago | (#8721487)

Gregory Blepp, vice-president of licensing at SCO in the US, said he was working to create legal conditions which require Linux users in Germany to purchase SCO's intellectual property licences.

Since when is Gregory Blepp able to create legal conditions. At best, he can lobby congress to push the UN to make a resoltuion that Germany should make a law forcing Germans to purchase "SCO's intellectual property"....hmmm I wonder at what point they would realize the futility in that one. Or they could lobby the German govn't directly....yeah, that will go over well.

I know there are trade agreements in place to respect IP laws, but I am curious as to how SCO can create "legal conditions" in other countries. Considering the troubles Microsoft is having in these same other countries, I would think SCO might have a slightly harder time of it.

legal conditions != laws (3, Insightful)

Aneurysm9 (723000) | more than 10 years ago | (#8721703)

They could "work[] to create legal conditions" the same way they are here, through litigation. If TSG succeeds in their litigation here in the US they would have effectively created legal conditions (i.e., precedent indicating Linux infringes TSG copyrights) which would pressure Linux users to purchase licenses from TSG.

Re:legal conditions != laws (1)

Rotworm (649729) | more than 10 years ago | (#8721770)

What?!?! damn, I always suspected The Smoking Gun would use their powers for evil.

BEND OVER DUMBSHIT! (-1, Offtopic)

Anonymous Coward | more than 10 years ago | (#8721494)

Corporate AmeriKa has something for you and it's going STRAIGHT UP YOUR ASS!

don't get excited, Kneel! This is just a joke.

Another suit? (4, Insightful)

quinkin (601839) | more than 10 years ago | (#8721497)

Surely this could be rapidly resolved in another suit. Working from the existing settlement (although not a legal precedent) they should be easily able to get an extra injunction for not only employees, but also any contracted individuals or companies.

Q.

butt sexxors (-1, Troll)

Anonymous Coward | more than 10 years ago | (#8721505)

butt sexxors

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Read other people's messages before posting your own to avoid simply duplicating what has already been said.
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what??? (-1, Redundant)

Anonymous Coward | more than 10 years ago | (#8721534)

Well, for one thing, there's a "Stop worrying about SCO" ad on this page, right below a story about how they can spread all the propoganda they want in Germany. Which way is it, Slashdot?

OT: Microsoft Ad on Slashdot? (-1, Offtopic)

pxf (764152) | more than 10 years ago | (#8721539)

Am I seeing things, or did I just click on a big Microsoft ad banner at the top of the /. homepage that takes you to a comparison [microsoft.com] which claims that MS Server 2000 is 10 times faster than Linux?

Layer 3 of dirty work...and a way to stop SCO? (5, Interesting)

Geoffreyerffoeg (729040) | more than 10 years ago | (#8721543)

Aren't people already suspecting SCO is doing Microsoft's dirty work in its fight against OSS?

SCO got a German PR agency to write their claims in a news release. Since it's pretty obvious that no PR agency would by itself do so, couldn't SCO still be fined for making these claims, even if not directly? Even so, the agreement should've stopped "the claims being made" rather than "SCO making the claims," since SCO markedly benefits by the claims and can almost always be shown responsible for some random third-party's claim.

Interesting that this gains its strength through an out-of-court settlement with a private company that extends a temporary injunction against SCO's claims. Some US group (EFF? Red Hat? OSDN? Netscape? Isn't there a group of Linux vendors? FSF?) should try to do the same - get something small done in court, to say "We're not afraid of fighting this in court," then extend that considerably out of court with a promise to return to court.

Heh, the ad on this article is GlobalServers' "Stop worrying about SCO" ad.

Yankees trying to interpret German law. So funny. (-1, Troll)

Anonymous Coward | more than 10 years ago | (#8721939)

I love it when Americans think they know how to interpret the German legal code, when they can't even understand their own. The only German they know is 3rd rate Nazi flicks, and this makes them think they know all about the German legal system? A fucking joke is what it is.

Americans, stick to your corrupt morals and your culture of victimization and non-responsibility, here in Germany we will take care of our own. Fuck off.

In other news... (-1, Troll)

Anonymous Coward | more than 10 years ago | (#8721551)

In other news, Donald Duck is going to have a SCREAMING ORGASM when he gets his LINUX servers licensed so that he doesn't have to worry about Disney being sued by SCO.

Daisy Duck is going to have a GUSHING WET ORGASM when she finds out about this. It turns her on even more than one of those "Hello Kitty" dildos.

IANAL, but (5, Insightful)

idontgno (624372) | more than 10 years ago | (#8721596)

I don't see how hiring a public relations firm is a meaningful separation of enjoined action (continued public unsubstantiated allegations of copyright violation) from enjoined actor (employees of SCO). In other words, if I'm legally prohibited from doing an act, aren't I usually legally prohibited from hiring an agent to do it for me?

I guess not always. But it seems like it sure should have been in this case, and if the settlement had that loophole then shame on Univention's lawyers for letting that slip.

Another interesting point, too. According to the Groklaw article [groklaw.net] about the settlement, the per-offense fine is only about 10,000 euros. That's not a lot, really; just a tiny extra bit of marketing budget for the FUD machine. Is that really all the teeth the settlement has?

Re:IANAL, but (1)

Aneurysm9 (723000) | more than 10 years ago | (#8721746)

IANAL (yet) either, but I do know enough to know that there is a difference between an employee and in independent contractor. The question will probably be whether the outside firm qualifies as an employee or is only an IC. That's no excuse for Univention's lawyers allowing the loophole in the first place though. It should have said 'TSG or their agent' from the beginning.

Here's an example. (0)

Anonymous Coward | more than 10 years ago | (#8721984)

Let's say you lose your license to drive. There is nothing stopping you from hiring someone to drive you around.

Kick Ralph Yarro out of Troll Tech's BOD (0, Offtopic)

Anonymous Coward | more than 10 years ago | (#8721748)

Get Canopy Group out of QT and KDE

I thought (0, Troll)

Anglos (755282) | more than 10 years ago | (#8721771)

I thought SCO was more into computers and stuff, not Female Urinary devices. I guess they're trying to be like MS and get their foot into every possible door. Would you want a windows ran pacemaker?

FUD? (5, Insightful)

Neon Spiral Injector (21234) | more than 10 years ago | (#8721853)

I just thought of this, with the number of times the summary said, "FUD".

Can we really call the crap SCO is spewing, "FUD"? At this point, no one fears them, everyone is certain they are making this stuff up as they go, of that there is no doubt.

I think the term adds too much credibility to SCO's statements.

Prohibited from making claims (0, Insightful)

Anonymous Coward | more than 10 years ago | (#8721878)

Do we at slashdot have a double standard here? As a firm Linux advocate, I dislike SCO as much as the next /.-er, and consider them a danger to the open source community. But we must remember that freedom of speech should extend to our enemies as well as us, or we're no better than hypocrites when we protest against the censorship of the next bit of free speech that's squashed by the DMCA.

Re:Prohibited from making claims (4, Insightful)

timmarhy (659436) | more than 10 years ago | (#8722008)

omg darl shutup. DMCA has nothing to do with this. sco was prohibited from making fruadulent statements in an attempt to scam money out of people. example ( this is EXACTLY what SCO are doing ) I send you a letter stating that i am the real owner of your house and that you must start paying me rent. upon your requesting proof of my claims I refuse and threaten to sue you, and that the only way to prevent me from sueing you is to pay me. only a fool would allow this to happen.

Behold the Power of the CLIT (-1, Offtopic)

CMDR.CLIT (766909) | more than 10 years ago | (#8721892)

I AM THE CLIT COMMANDER!
1080

Re:Behold the Power of the CLIT (-1, Offtopic)

Anonymous Coward | more than 10 years ago | (#8721943)

You must be new here.

my nightly prayer (5, Funny)

ocularDeathRay (760450) | more than 10 years ago | (#8721893)

now I lay me down, to sleep
I pray the lord, my linux keep
and if I die, before I wake
please cause the failure, of Darl's brakes.

-AMEN-

Behold the Power of the CLIT (-1, Offtopic)

Dr.CLIT (766912) | more than 10 years ago | (#8721894)

I AM THE CLIT COMMANDER!
30120

Behold the Power of the CLIT (-1, Offtopic)

Mr.CLIT (766911) | more than 10 years ago | (#8721895)

I AM THE CLIT COMMANDER!
11624

Leave SCO.DE alone!!! (-1, Troll)

Anonymous Coward | more than 10 years ago | (#8721898)

They are OBEYING the law. Any action they take in Germany is LEGAL. Until they break a law or an agreement, just SHUT THE FUCK UP.

Seriously. No laws have been broken. They are playing by the rules.

Still a violation? IANAL (5, Insightful)

Felinoid (16872) | more than 10 years ago | (#8721906)

There.. in the title and everything... IANAL

But if SCO agrees not to spread propaganda and then used proxies to spread propaganda didn't they just violate the agreement?

SCO seams to have a very... creative interpretation of laws as they apply to them and others.

I've recently had the opratunity to read vareous text files on how to steal, rip off, blow up, etc etc etc by the crooks that use and perficted those techniques.
Very intresting read if you know how to read between the lines. Basicly they have very unusual/odd interpretations of the applicable laws.

For example one crook has a whole detailed thing on how to get out the door with stuff he didn't buy and create the illusion that he did. (Probably dosen't work anymore).
The intresting part is how he views the applicable laws. He seems to believe that you need to get out the door before you can be stopped for theft. I've observed a few occasions where a crook was cought BEFORE leaving the store. Again IANAL but it sure as heck looks like he was cought dead to rights but I'd have to see how it played out in the corts before I'd know.

The diffrence between the typical crook and SCO is most of what the typical crook is doing is trying to NOT envoke the law no matter how much he believes its on his side. SCO however isn't making any such efforts.

Behold the Power of the CLIT (-1, Offtopic)

CMDR.CLIT (766909) | more than 10 years ago | (#8721908)

I AM THE CLIT COMMANDER!
8834

Inciting a riot (3, Interesting)

sumdumass (711423) | more than 10 years ago | (#8721909)

as strange as this seems in most area when a person talks a group of other into doing something ilegal they are acomplices and it they cause a crowd to riot they are charged too.

I don't know about germany's laws but wouldn't the association with the persons doing the action that SCO tryed and was bared from basicaly the same as inciting a riot. Couldn't they still be held acountable anyways loop holes or not. i think it would be the same as if a mob boss ordered the execution of someone, even though somone else did the killing the mob bos can get the rap for it.

well at least thats what i think it should be like. anyone know if it would be that way in germany?

Behold the Power of the CLIT (-1, Offtopic)

Dr.CLIT (766912) | more than 10 years ago | (#8721912)

I AM THE CLIT COMMANDER!
11974

Behold the Power of the CLIT (-1, Offtopic)

Mr.CLIT (766911) | more than 10 years ago | (#8721913)

I AM THE CLIT COMMANDER!
8772

Behold the Power of the CLIT (-1, Flamebait)

CMDR.CLIT (766909) | more than 10 years ago | (#8721924)

I AM THE CLIT COMMANDER!
24692

Behold the Power of the CLIT (-1, Redundant)

Dr.CLIT (766912) | more than 10 years ago | (#8721927)

I AM THE CLIT COMMANDER!
18489

i fuckin (-1, Offtopic)

Anonymous Coward | more than 10 years ago | (#8721931)

nutted all over myself

damn.

And in other news.... (4, Funny)

metroid composite (710698) | more than 10 years ago | (#8721953)

And in other news, SCO raises the price of SCO Unix to $10,699.

Herr Goebbels said... (5, Insightful)

Sfing_ter (99478) | more than 10 years ago | (#8721992)

As Joseph Goebbels said, that if you repeat a lie often enough, people will end up believing it.

This is what SCrOtum's plan is, to keep the FUD spewing forth and just the politicians who keep getting elected, it is what the "people" know, because they keep hearing about it.
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