Letter to NASDAQ

Message ID: 81320
Posted By: preadapted
Posted On: 2004-01-15 11:39:00
Subject: Letter to NASDAQ

re:

http://www.nasdaq.com//asp/quotes_news.asp?logopath=http%3a%2f%2fcontent.nasdaq.com%2flogos%2fSCOX.GIF&pageName=Company%20News&selected=SCOX&consumer=NDQ&StoryT argetFrame=_top&market=Nasdaq-SCM&coname=SCO%20Group,%20Inc.%20(The)&symbol=SCOX&cpath=20040115ACQPRN200401150801PR_NEWS_B_WES_LA_LATH030.htm

from post # 81234 this AM

Dear Sirs,

I have read the article posted at the above URL and would respectfully request that you seriously consider the following:

The Linux community is indeed in an uproar regarding what it perceives as an attempt to hijack hundreds of man years of legitimate copyrighted contributions by largely professional programmers from throughout the world, to a free and openly sourced computer operating system. These ladies and gentlemen quite rightly resent being characterized as "teenaged bedroom hackers", "communists" "thieves" and "underminers of the constitution" as SCO, MicroSoft, and some others have attempted to do with press releases containing little other than spin and intentional hypocritical misinformation.

While I would not attempt to argue the case in this forum the following are obvious and verifiable facts:

Outside of a contract violation suit filed against IBM, in spite of a flood of threats ongoing since March of 2003 against any number of Linux developers, packagers, vendors, corporate users, etc., both inside and outside of the U.S., SCO has failed to produce a single additional law suit or actionable order from any court of law anywhere in the world other than what has been so far adjudicated against them as for example in Germany. In fact a formidable array of potential and actual lawsuits including the high probability of a whopping patent related countersuit by IBM, now stares them directly in the face. These along with Novell's recent registration of copyrights to the same IP claimed by SCO constitute risk factors that threaten to reduce the value of SCOX below its previous penny stock standing.

Additionally, SCO have failed to produce any evidence of infringement of IP which they have thusfar only "claimed" to own and each instance of claim so far has been immediately and successfully refuted and debunked by experts having long time institutional knowledge, experience, insight, and the tools required to delve into the technical minutiae which comprise UNIX and all similar and or derived UNIX like operating systems.

Finally, in spite of having been ordered to do so in a court of law, SCO have apparently failed to produce discovery requested by IBM in any manner approaching the depth and detail required. In fact, at this point what has been produced appears to the trained and untrained eye alike to be more of the same spin and obfuscation of their actual position in the disputed IP and technology as has been published by SCO corporate executives and legal representation for the last ten months.

With all due respect, even as I appreciate and defend your right to publish SCO or any other company's press releases regardless of intent or content, and while I fully realize that said content does not reflect your official views, opinions, etc., as adequately disclaimed on your web site, I still believe that some editorial discretion needs to be observed in cases such as this.

Companion pieces published side by side or linked to in a highly visible manner on the same page can only improve and enhance your reputation as being fair and balanced. It is my belief that you would want, at all costs to avoid being perceived by anyone or any group as having even inadvertently aided or abetted in any way what has become obvious to many as a carefully orchestrated attempt to intimidate and extort by SCO or any company whether listed on your exchange or another.

Thank you for your kind attention,

Gary Gibson
Qua

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