Forbes: Daniel LYONS IS BACK

Message ID: 226863
Posted By: moonrealestate2000
Posted On: 2005-01-21 17:00:00
Subject: Forbes: Daniel LYONS IS BACK

Sadly, for someone who makes a living by writing (I assume), he still doesn't understand copyrights.

" The decision represents the latest round in a nasty battle that began in March 2003 when Lindon, Utah-based SCO Group sued IBM, claiming IBM took code from Unix, for which SCO holds some copyrights, and put it into Linux, a free operating system.
AIX and Dynix are variants of Unix sold by IBM. SCO says its Unix copyrights cover AIX and Dynix--even "derivative" features in those operating systems that were created by IBM's programmers."

Even Laura DiDio by now realised thet SCO only has contractual claims against IBM. Lyons still sticks to the old FUD. But he has gotten more polite, he now talks about "purloined code".

"If a court rules Linux contains purloined code, corporate customers may have to remove Linux from their computers or start paying royalties"

My dictionary says that purloined is an old word of french origin to say "to steal | stole, stolen |". How did the Merovingian say: "French is the best language to swear in? It's like wiping your ass with silk."

So this is merde:

http://www.forbes.com/enterprisetech/2005/01/21/cz_dl_0121linux.html?partner=yahoo&referrer=

Message ID: 226913
Posted By: notmrnice
Posted On: 2005-01-21 20:16:00
Subject: Where did all these idiots come from?

Lyons at Forbes called it one-nil SCO linux.
If you count this as a major victory, SCO already has a big huge victory parade going. They've "won" delays and allsorts rro a couple of years now. I think this only proves that Lyons has an axe to grind, and that he in addition is about as smart as those thugs you see on "America's dumbest criminals".

He seemed to forget that SCO already "lost" big time in the DC case, and SCO has suffered other losses as well. Judging by the reports from the variuos court appearances, SCO has almost been laughed out of court every single time. And they've been severy reprimanded for talking to scum like Lyons to run the case in media for them.

And all it takes is for a magistrate judge to misunderstand some tech issues.

IBM's simple contention is:
Linux has nothing of Code A in it. Code A is the same code as the original Unix.
Code B has no linux. The difference between Code A and B is the property of IBM, as explicitly stated in the contracts between the parties.

Codes C, D, E and F were given to SCO for discovery, and just like code A and B SCO so far has not found any infringement in it.

SCO asked for more versions, A and a half, B and a half, etc. as well as source code control comments, and all sorts of surrounding intermediate work products. SCO's like a town daftie saying "Show me what's in your left hand! -nothing. Right hand! -nothing there either. Both hands at once! -nothing. Third fourth and fifth hands! -excuse me?"

So, my little question to the retards long on SCO is:

If the needle in th ehaystack is hidden between th emajor versions, why would IBM do Linux the disservice to contribute it? If the code was too rotten to be included in the official version of AIX, why would the give it to Linux, if they want linux to succeed?

And if you can come up with an answer, do the next one as well: Since it states in the contracts between IBM and ATT that IBM retains full rights to their own work, who then owns missing pieces that were not part of the original Unix?

What it boils down to in order for SCO to prevail, is the following:

They must prove ALL of the following assertions:

SCO owns all rights to UNIX.
IBM does not own their own work.
The contracts between IBM and AT&T does not state owns IBM has the rights to their own work.
SCO finds Code in Original Unix in Linux.
That code is copyrightable under the definition of the law.

ALl of these assertions have pretty much been beaten dead and proven false with publicly available contracts and documents. So, anyone who estimates the chance of SCO winning at more than 0% is a big fool, and same goes for anyone estimating that IBM will settle.

The only way SCO can gain a penny is to go after companies like Autozone, who have less resources, and hope to win by intimidation. Unfortunately, SCO can't even do that right. In the DC case itr backfired so badly that it almost buried their pipe dream, and now they don't know where to go with it. They were posturing about proceeding with the case, but know that it will only hurt them more. They were 2 inches away from getting a dismissal with prejudice.

How would SCO expect that

Message ID: 226918
Posted By: atul666
Posted On: 2005-01-21 20:36:00
Subject: Re: Where did all these idiots come fro

Yes, we've heard from Lyons, DiDio, and O'Gara so far, all gloating about SCO's glorious victory. They all want to get their picture taken in front of that big "Mission Accomplished" sign. Nothin' but blue skies ahead, as far as they can tell. Idiots.

I'm surprised we haven't heard from Enderle yet. He's probably off trying to discover his latest "opinion", which as usual is found lurking at the bottom of a cheap vodka bottle.

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