Gideon Hallett ([info]gmh) wrote,
  • Mood: amused

Not looking at all good for SCO.

As anyone with a vaguely technical streak will know, SCO have been trying to levy license fees on GNU/Linux users on the basis of alleged intellectual property (IP) infringement in the Linux kernel - and, by smearing the reputation of GNU/Linux, to effectively destroy GNU/Linux as a viable business proposition.

Some companies have paid up as an insurance policy - in case the current SCO vs. foo cases went SCO's way.

Today, we see the emergence of an email that may well leave the SCOsource licensees - who paid SCO a fair amount of money - looking very very foolish.

SCO employed people to check for possible IP violations; and, after a couple of months, the people on the task reported that they couldn't find any; and yes, they were pretty certain about that.

("At the end, we had found absolutely *nothing*. ie no evidence of any copyright infringement whatsoever.")

And four months after this, SCO announced an offensive on GNU/Linux users based on the assertion that the Linux kernel contained SCO IP; and have launched a number of lawsuits on that and related matters.

Given that SCO is, in technical terms, somewhat moribund, the only thing really keeping the investors happy is the prospect of riches to come from licensing of SCO's alleged IP.

As such, the revelation that a) one of their major IP claims is false and b) they knew it to be false before they started getting litigious could do interesting things to the credibility of SCO and its lawsuits.

What do you call a company that elicits money from a third party based on claims it knows to be untrue?

G.

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  • 9 comments

[info]megamole

July 15 2005, 09:20:49 UTC 6 years ago

Blackmailers. Fraudsters. Crooks.

Take your pick.

[info]gmh

July 15 2005, 10:59:40 UTC 6 years ago

Actually, blackmailers is one thing they aren't; blackmail is the threat to release an unpleasant truth to the wider world...

[info]liadnan

July 15 2005, 10:40:40 UTC 6 years ago

Hah.
I know enough to know that I'm not competent to advise on likely outcomes in US courts, but if this was happening in the English High Court my gut feeling would be that (a) the cases would be holed below the waterline, large parts of them being liable to be struck out as an abuse of process, and (b) they would be looking at indemnity costs orders and wasted costs orders.

[info]gmh

July 15 2005, 11:05:27 UTC 6 years ago

I have to wonder to what extent criminal liability in the US might affect this.

SCO still have some wriggle room - there's no unsealed evidence in the public domain that says they didn't (for example) hire a second team who found something the first team missed.

But yes, they obtained money via claims they knew to be deceptive; that has to carry some risk of criminal liability to the board.

[info]knell

July 15 2005, 10:48:14 UTC 6 years ago

Isn't the code involved in the kernel? If so, we're talking merely about Linux here rather than some Stallmanesque notion of GNU/Linux. Could save a few keystrokes, etc..

[info]gmh

July 15 2005, 10:57:46 UTC 6 years ago

That's why I was careful to refer to 'Linux' when talking about the kernel and 'GNU/Linux' when talking about the operating system as a whole - didn't want to cause unintended offence for potential kibozers.

[info]bellinghman

July 15 2005, 11:21:58 UTC 6 years ago

Extortionists.

And if they've made, or caused to be made, sworn statements in court that they knew to be false: perjurers.

For the latter, a jail term would be appropriate, and I don't know of any that would weep for McBride and co.

[info]martinoh

July 15 2005, 18:34:12 UTC 6 years ago

"What do you call a company that elicits money from a third party based on claims it knows to be untrue?"

Usually I call it Microsoft.

[info]meredic

July 17 2005, 09:45:38 UTC 6 years ago

More hammock time needed

Do you know I sometimes feel there is a world out there passing me by. Then I lay back, have another cold one and smell the warmth of the pine trees. This reassures that in fact it is me passing the world by.
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