Once more, for the record... walterbyrd

Message ID: 233915
Posted By: karl_w_lewis
Posted On: 2005-02-09 15:06:00
Subject: Once more, for the record... walterbyrd

Walterbyrd,

For the record sir, and all joking aside, you were right from the beginning about the judiciary in Utah. I was wrong.

This ruling is a pile of steaming stuff. It wn't get the judge in trouble because he's done nothing, except, as you have argued all along: doing nothing *is* favoring this meaningless lawsuit and the thieving whores who brought it; it permits them to continue their stock scam unabated.

KWL

Message ID: 235611
Posted By: karl_w_lewis
Posted On: 2005-02-13 07:38:00
Subject: Note to the SCO-Backers

'Kay, Biff, Butter, QNx, Ledite, and all your various nyms, (mini, suits, blue, rat, etc.),

Listen up. (Really, this constitutes fair warning; it is posted in public.)

This SCAM has drifted, slowly, slowly downhill since December of 2003. You remember, right? That was the first real court hearing on discovery. And the Conference call at the end of that month.

From that time all of us who have been paying attention knew that this was going to work like a slow-motion train wreck - there's nothing that can be done to stop it, however long it takes, and, it is hard to look away.

The thing about train wrecks that *you* need to understand, is that at the end, when metal meets metal, things start to happen very, very quickly. Pieces come flying off, whole, loaded cars get pitched way up in the air. The point is that individual pieces absorb the momentum of the whole train, and that makes for some shockingly high velocities of individual parts. Even if filmed in slow motion, some parts will be moving too fast for the cameras to capture.

By now you'll have seen that the Canopy/Noorda complaints are posted on-line. This is the beginning of metal to metal part of this train wreck. If you stay here, you will almost certainly wind up caught in the wreckage. The agonizingly slow pace that brought us here might have lulled you into a false sense of security. The pace is going to pick up from here on out.

KWL

There, that's my stake in the ground; if you stick around I assure you, I will be saying: "I told you so."

Message ID: 241466
Posted By: karl_w_lewis
Posted On: 2005-03-01 09:18:00
Subject: UNIX IP Recap...

So, there is no copyrighted UNIX code in Linux. But, since the SCOundrels mentioned it... let's review the situation briefly.

1) Originally UNIX code was not copyrighted - it was held as a Trade Secret. Eventually, the UNIX codebase lost that protection because AT&T failed to maintain the proper controls over who had access to those secrets. (It is a simple notion that if the information is publicly available it is [by definition] not a secret any longer.)

2) When AT&T moved to copyright their UNIX code, and attempted to enforce those copyrights in a [disasterous] lawsuit against The California Board of Regents in the infamous BSD case, the judge told AT&T that he doubted that the AT&T copyrights could be shown to be valid. Both parties, in an agreement that had been sealed until just recently, agreed that AT&T AND ITS SUCCESSORS would not attempt to enforce those non-existant copyrights against any party. The code was in effect in the public domain, but neither party announced that fact.

3) The SCOundrels from Lindon, Utah, after buying the Licensing business from The Santa Cruz Operation decided that enough time had passed that no one would remember, and that the facts in points one and two above were sufficently cloudy that they could attempt to shake the world down over a UNIX work-alike product called Linux. They blustered and calimed that they were going to sue BSD again, (as if the agreement did not SPECIFICALLY PROHIBIT THAT), and they filed a flurry of lawsuits against a number of enormous companies, in hope, seemingly of having their worthless little crap company purchased for hundreds of times more than it could possibly be worth.

4) Lately, the SCOundrels have claimed that code that IBM wrote, itself, or licensed from *other* parties, is now under the SCOundrels' control because... well because Darl the mouth McBride and Ralph the-thieving-scum-bag Yarro want it to be that way.

5) Failing that, the SCOundrels seem to have been running a stock kiting scam that failed when their auditors refused to signoff on their books that had been in the oven a little bit past - GB&D, (Golden Brown and Delicious).

6) Now the bagholders prop the stock price up just to avoid having to acknowledge the COMPLETE loss of their [stupid] doomed "investment."

7) Betting now runs wildly in favor of the principals in this fiaSCO doing time in Club Fed.

8) The SCOundrels' paided shills are still claiming otherwise, seemingly in hopes that if it is repeated loudly and often enough it will "magically" true.

KWL

So, ah, ledite/ttaj, how would you say this "investment" has worked out for anyone who *ever* followed your advice to buy this stock?

Message ID: 248174
Posted By: karl_w_lewis
Posted On: 2005-03-21 09:11:00
Subject: Silent Running...

I know it's a work day... and this SCAM needs to be watched, but I have to tell you I've watched all the conversational traffic about Ms. Kreidel, and all, and I am about as sickened as I know how to be.

I'd be willing to be the first to admit that I have found this whole sorrid stock scam masquerading as a lawsuit to be fascinating, like a train wreck. Mr. Penrose's tragic suicide was a little over-the-top for my taste, and this latest news is really too horrific for words.

I wonder if it's about money. I wonder if it's about scandal. I wonder if it is just a coincidental outbreak of mental illness. And I know, too, that the answers fall pretty clearly into the category of things that are none of my business.

The families involved get nothing but sympathy from me in any case, (not that that does them any good at all, I know).

I am left with nothing to say, anymore, because heretofore I've been inclined to heap nothing but scorn on the people involved with the stock scam, and this leaves me feeling like that may be entirely inappropriate just at this time, because in the face of the current tragedy, the stock scam hardly matters, I think. It was never worth anyone's life.

I've known, since very early on in my involvement with watching this case, that when it ended all sorts of ugly, greedy machinations would be revealed. Now I am beginning to believe that it will be far, far worse than I had ever imagined; indeed, I'm thinking it is going to get so ugly that decent people won't even want to know.

I do believe that this event is yet another signal that the bits are flying off this train wreck far too fast to see. This fiaSCO is coming to its conclusion and instead of wanting to watch and celebrate, now, I just want to avert my eyes.

Peace, all.

KWL

I'm going to try just lurking for a while....

Message ID: 272493
Posted By: karl_w_lewis
Posted On: 2005-06-09 07:52:00
Subject: Investors' Update

So, for those of you (and I assume there are not many), who are perhaps considering signing up to be bag holders for this piece of stuff stock there are a few relevant facts to keep in mind...

1) Caldera is suing IBM for having helped to "destroy" a billion dollar investment in UNIX. The claimed value of that investment is the basis for Caldera's claim that IBM is liable for billions in damages, and the stock scam is dependent upon potential bagholders expecting a piece of that pie [in-the-sky]. Any potential investor should consider Caldera's own SEC filings which indicate that the rights to UNIX which it purchased from the Santa Cruz Operation were worth, by their own accounting, a *little* less than a billion dollars... in fact, just 5.8 million dollars.
see: h++p://www.sec.gov/Archives/edgar/data/1102542/000104746903003091/a2101798z10-k.htm

2) Caldera claims to have the right to terminate IBM's right to distribute AIX. This claim is intended to assure investors that IBM will be forced to settle with Caldera since IBM makes a great deal of money from AIX. Oddly, Caldera has never asked the court for an injunction against IBM's continued distribution of AIX. Instead, perversely, they have publicly claimed that permitting IBM to continue to distribute AIX only increases the damages that will eventually be awarded. IANAL - I would recommend that any potential bag holder consult a real attorney about the likelihood of that strategy working in a U.S. Court.

3) Caldera's latest addtions to their Board of Directors are a pair experienced businessmen. What kind of experience? Well, you know, the companies they left are bankrupt and/or under Federal investigation for, among other things, defrauding investors.

4) If you invest in this stock scam, no one, not even your own mother is going to have any sympathy for you, at all, once Ralphie has walked away with your money. On the bright side, your losses in this scam are likely to be limited to only what you choose to spend purchasing this stock, plus the harm done to your reputation; you'll be marked for life as an easy mark.

KWL

Disclaimer: I am neither a financial analyst nor a licensed professional financial advisor. (But you know, a stock scam is not a complex thing to recognize.) Your mileage may vary. Past performance is no guarantee of future performance. (The fact that Caldera has no history of profitable operations doesn't mean that it *couldn't* happen; but the safer bet is that that *will* continue.) Reality distortion fields, alien invasions and/or psychoactive drugs in the Court's water supply *might* materially alter the outcome of the court case. (Short of that though, it is a ppretty clear loser for the boys from Lindon.)

Message ID: 281749
Posted By: karl_w_lewis
Posted On: 2005-07-15 06:52:00
Subject: So? Biff, how are you?

My, my, my Biffie, love, you sure are posting a lot. Crap-flooding the board, even. You're provocative choice of title may work against you, though, since it tends to draw people into the thread, and really, you don't want them *reading* this crap, just reading the headlines.

So, tell me, feeling a little desperate are you? Like the rug just been yanked out from under the whole fscking scam?

What were Ralph and Darl thinking? That IBM would just pay them to shut up and go away? Can you name any other cases where someone savaged IBM's reputation in public and then got a settlement out of them?

And Biffie, you really need to focus. What PJ says about he case isn't realy nearly as important as what the documents themselves say. PJ could declare tomorrow that she believes the SCOundrels are going to win... and it wouldn't matter, the SCOundrels are *still* going to lose.

RCU, NUMA, JFS, none of those things are controlled by any contract to which Caldera is party. None of them. While Darl may say that they are, the fact remains they are not. Darl lied to the public; Darl lied to the bag holders.

KWL

This scam has already failed; we're all just waiting for the ashes to cool.

Message ID: 284974
Posted By: karl_w_lewis
Posted On: 2005-07-26 10:18:00
Subject: Biff engages in self-abuse...

Well, that's what it used to be called; now it's just called jerking off.

Yeah, pity, isn't it Biffy? Your precious Caldera isn't really The Santa Cruz Operation at all. They are a Linux distributor, and all the damage they claim from IBM's work on Linux used to be an advantage for their business, until they got the bright idea to pay a few millions of dollars for the ancient UNIX codebase.

The Caldera Complaint alleges, inter alia, that IBM helped add SMP to Linux, thus unfairly competing with UNIX. But, a quick research of the topic shows that no, it wasn't IBM that put SMP in Linux... it was... yes, Caldera International, who donated the hardware so Alan Cox could improve that feature.

We've known all this for some time, Biff, but PJ published an article on it, I suspect, just to provide more information to the press which is just now cottoning to the SCAM that is Caldera.

By all means though, Biff, try to get everyone focused on PJ; that'll help Darl and Ralphie.

KWL

Maybe the SCOundrels should sue themselves, or each other.

Message ID: 286686
Posted By: karl_w_lewis
Posted On: 2005-07-30 20:43:00
Subject: My, my, Herr Biff

You've had just the very full day haven't you?

I've been trying to follow your arguements.. let's see if I've got them right...

The SCO Source SCAM is okay, because the SCO License for Linux is a *merged product*, which is specifically allowed for in the Novell-Santa Cruz APA. So, you're saying Caldera put Unixware and Open Sewer Code in Linux? 'Kay.

Novell did sell Santa Cruz the copyrights to UnixWare, they just didn't bother writing that down, anywhere. (No one ever told those people to *always* get a reciept?)

Caldera's deal with SUN and Microsoft is okay, and Caldera doesn't have to pay Novell any part of it because they weren't licensing UnixWare to those companies. I'm completely willing to accept that; WTF would Microsoft or SUN want with that crufty old operating system? Naturally, however, that does raise the question of what, precisely, did those two companies get. I guess we're about to find out, eh?

Anyway, Biff, you should try get some sleep; you've got many hard days of trolling ahead of you. This whole scam is about to come apart at the seams. The quarter's just ended so the funds are not going to be so closely focused on the price; I kind of expect it to hit the skids first thing on Monday morning.

Hey, buck up, kiddo, at least *you* didn't sign any of Caldera's SEC filings. That part is Darl's, Bob Bench's and Bert Young's problem. (Five Million Dollars and up to 20 years in the hole. Man, that's gonna suck, eh?)

KWL

On the bright side, Biff, the end of this is now in sight - I'd give it 90 days, tops.

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